• 110,000 new automated counting machines
• 104,345 ballot boxes
• 2,200 consolidation and canvassing system (CCS) laptops and printers
• Ballot paper for 73.8 million voters
• Ballot printing and ballot verification services

This means that Miru, the lone bidder and eventual winner, replaces Smartmatic as Comelec’s automated election system provider. Smartmatic had been Comelec’s provider in the 2010, 2013, 2016, 2019, and 2022 polls, and generation of Filipinos by now have associated its machines with automated elections.

For us working in the field of elections, the award signals a bold walk in a different direction, a new and admittedly unknown path. As with all Comelec leadership positions, legacies are often tied with the success of the elections they lead. In the context of automated elections, success is connected to the voting machines and system that are being used. 

Despite the obvious PR campaign to sully Smartmatic’s reputation after the 2022 elections, I think it is but fair that we put on record that that its machines had performed exceptionally well. I think all of us who has handled election contests and court-sanctioned recounts before Comelec can attest that no complaint against it has ever survived court scrutiny, and none of its count has ever been proven wrong. In other words, Smartmatic set a high standard for how automated elections should be done. This will be the standard by which Miru’s technology and success will be gauged.

I understand the concern of some sectors that using Smartmatic for five consecutive elections is tantamount to a monopoly. But this is unfair to Comelec, given that each election contract had been won in an open, competitive, and even court-litigated public bidding. So I think what should cause us concern now is whether Comelec’s move to award Miru with the poll contract, after disqualifying Smartmatic, is a step towards the right direction. Or will it be a classic case of Comelec jumping out of the frying pan and into the roaring fire?

Let’s first talk about the elephant in the room. While integrity issues have been thrown at Smartmatic, it only takes a simple Google search to show that Miru has been plagued with even more controversies and election scandals in its engagements as well. There is also the fact that Miru has never handled anything as big and as complicated as the Philippine elections.

On this account, Comelec will need to carefully oversee and secure the electoral exercise to make sure none of those past failures by Miru would happen here (and I have a full trust that they will). This is, after all, the downside of every open and competitive public bidding – you really cannot choose who your bidders will be and who will win.

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• FAST FACTS: Miru Systems, the lone bidder for the costliest 2025 election contract
• How Korean firm Miru became front-runner in search for 2025 PH election provider
• TIMELINE: Miru’s road to becoming PH’s voting machine provider in 2025

The second critical point to consider is the pending suit by Smartmatic before the Supreme Court, assailing its disqualification from the 2025 public bidding. While the Supreme Court has not issued a temporary restraining order or status quo ante, the fact that the petition is pending and unresolved means there is the possibility of Smartmatic re-entering the scene. That re-entry remains to be a moving part in Comelec’s preparation for the 2025 polls.

Should Smartmatic win its case, the Comelec will be compelled to reopen the process and allow Smartmatic to re-enter the bid. This is why it is of utmost importance for the Supreme Court to decide the case as soon as possible – whether it is to sustain Smartmatic’s disqualification or not. This will be but fair to all parties, especially to Comelec, given that 2025 is fast approaching.

In the worst case scenario where Comelec loses the case and will be forced to restart its bidding process, the practical question is whether it still has time to restart the bidding anew? By now, we have 15 months to go before the 2025 elections, and historically that is still a lot of time to redo the bidding process. For the 2010 polls, Comelec did the preparations in 10 months; for the 2016 polls, it did so in seven months. So time should not be a problem, at least at this point and in the months to follow.

Also, should Smartmatic re-enter the scene, I personally would like to see it battle it out with Miru – not only with the price, but in terms of experience and technological capabilities. An open competition like this always favors the people, making sure that they reap the best technological deal at the best price. 

Alternatively, should Smartmatic lose its case, then at least the Comelec can move forward with its preparations for the 2025 elections, with no more worries about undoing the preliminary work it has already done.

But regardless of how the case is resolved, I pray that the Supreme Court decides for the ultimate benefit of the country. – Rappler.com

Emil Marañon III is an election lawyer specializing in automated election litigation and consulting. Marañon served in Comelec as chief of staff of the late chairman Sixto Brillantes Jr. He graduated from the SOAS, University of London, where he studied Human Rights, Conflict, and Justice as a Chevening scholar. He is a partner at Trojillo Ansaldo and Marañon (TAM) Law Offices.

In a text message to Rappler, De Lima said that the LP will field former senators Kiko Pangilinan and Bam Aquino, and human rights lawyer Chel Diokno as “opposition candidates.”

“They intend to be opposition candidates. Senator Kiko is surely an LP candidate. Senator Bam and Dean Chel are not officially LP members,” De Lima said, when asked to confirm her statement at a media forum that the three would join the 2025 Senate race as opposition bets.

De Lima, a former senator, also said that the party will try to convince former vice president Leni Robredo to run for senator.

Robredo has been mum about her political plans amid her supporters’ clamor for her to run for the Senate.

Pangilinan, who ran as Robredo’s vice president in the 2022 elections, was a senator from 2001 to 2013, and from 2016 to 2022.

Aquino, who was a senator from 2013 to 2019, will also attempt a comeback. He lost in the 2019 senatorial race, placing 14th.

Diokno ran for the Senate in the last two elections, placing 21st in 2019 and 19th in 2022.

In the 2022 elections, Senator Risa Hontiveros was the lone opposition bet to secure a seat in the Senate.

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The LP was the ruling party during the administration of the late President Benigno “Noynoy” Aquino III from 2010 to 2016. Many of its members had joined other political parties. – Rappler.com

If you say yes to any of the two questions above, you need to apply for a transfer of voter registration with the Commission on Elections (Comelec) office in your new area of residence. This is if you want to be able to cast your vote where you live now. 

The process of transferring your voter registration is almost similar to applying as a first-time voter. For purposes of the 2025 Philippine elections, you can register until September 30, 2024. (TRACKER: Voter registration for the 2022 elections)

Here’s how:

1. Fill out the application form

Fill out an application form called the CEF-1. It can be downloaded from the Comelec website or obtained from the Office of the Election Officer (OEO) in your city or municipality.

If you are going to print the form, make sure that it is printed on 8” x 13” paper and printed back to back. 

Shade the oval beside the “APPLICATION FOR TRANSFER OF REGISTRATION RECORD,” and answer whether you are transferring your registration within the same, or from another, city or municipality. 

Provide your new address and the length of time you have stayed there.

A person needs to be a resident of the place where he or she plans to vote for at least six months prior to the May 2025 elections.

If you want to transfer your registration to another city or municipality, you need to complete a personal information form, which can be found on the second page of the CEF-1 form. 

If you are a person with disability or a senior citizen, you also need to fill out Annex B or the “supplementary data form.”

The application form for voter registration can also be accomplished through the iRehistro website. Using the online platform, however, does not mean you are registered automatically. 

Do not sign or affix your thumbmark on the application form at home. You need to sign it in front of the election officer in your local Comelec office.

2. Submit the application form and other required documents to your local Comelec office

Go to your local Comelec office or the OEO to submit your completed application for registration and necessary documents. (You can also get and fill out the forms at the local Comelec office.)

To find the Comelec office nearest you, check the Comelec website for details of the poll body’s Metro Manila and city/municipality offices.

Applications for registration may be filed at the OEO in your city or municipality from Monday to Friday, and at satellite registration offices every Saturday, from 8 am to 5 pm. Voter registration will run until September 30, 2024.

The poll body reminds the public to contact local Comelec offices ahead of time since OEOs are closed during disinfection days prescribed by local governments. Satellite registration schedules may vary per locality.

Bring a valid identification document to prove your identity: 

• Employee’s ID with employer’s signature 
• Postal ID 
• PWD ID 
• Student’s ID or a library card, signed by school authority 
• Senior citizen’s ID 
• Driver’s license
• NBI clearance
• Passport
• SSS/GSIS ID 
• Integrated Bar of the Philippines ID 
• License issued by the Professional Regulation Commission
• For indigenous peoples or members of indigenous cultural communities, a certificate of confirmation from the National Commission on Indigenous Peoples 
• Any other valid ID 

Police clearance and cedulas are not accepted.

If you do not have any of the mentioned documents, the Comelec says on its website that an applicant “may be identified under oath by any registered voter of the precinct where he/she intends to be registered, or by any of his/her relatives within the fourth civil degree of consanguinity or affinity.” 

A registered voter may identify only up to three applicants.

Your biometrics will then be collected using the Comelec’s voter registration machine. These include your photo, fingerprints, and signature. 

You will be given an acknowledgment receipt that shows you have successfully filed your application for transfer of voter registration. Do not lose this small document. 

3. Wait for your application to be approved

Submitting your application to the Comelec does not mean you are already registered for the 2025 national and local elections. 

The Election Registration Board needs to approve your application first. The ERB approves all qualified applicants during its quarterly meetings which happen on the third Monday of April, July, October, and January of every calendar year.

Once your application is approved, the local election officer will include your registration in the book of voters in your locality. This means you have successfully transferred your registration. 

The Comelec’s voter care center says those who want to verify their voter registration status may do so in two ways:

• Call the Comelec’s Information Technology Department at 8527-9365 or 8526-7769
• Directly inquire with the OEO in your district, city, or municipality

“Maaari kang magtanong sa iyong lokal na Comelec tungkol sa status ng iyong aplikasyon 2-3 linggo pagkatapos ng ERB hearing,” the poll body told Rappler in a text message.

(You can ask your local Comelec office about the status of your application two to three weeks after an ERB hearing.)

If you have other questions regarding voter registration, visit the Comelec’s official website, or reach out to the poll body on Facebook. You may also send an email to the Comelec’s Election and Barangay Affairs Department at ebad@comelec.gov.ph or call (02) 8525-9298 or 09275595926. – Rappler.com

Pryde Henry Teves submitted his COC at the Office of the Provincial Election Supervisor in Dumaguete City, Negros Oriental, on Wednesday morning, November 8.

The younger Teves filed his candidacy a day after his elder brother’s top 2022 rival, retired Navy colonel Reynaldo “Rey” Lopez, submitted his candidacy papers to the local Comelec office.

A town mayor in Negros Oriental, Lenin Alviola, also emerged as the third aspirant for Negros Oriental’s 3rd District congressional seat. 

The special election was supposed to take place on December 9 to fill the vacancy because Arnie was removed as a member of the House of Representatives last August.

The Wednesday afternoon announcement of the Comelec’s decision to cancel the special elections came after the House of Representatives adopted a resolution asking the poll body to reconsider “given all the existing circumstances and present predicament affecting the province.”

Tense

Had it not been for the decision to cancel, the special elections would have been tense in Negros Oriental.

The ex-congressman, who has a warrant out for his arrest for his alleged role in the assassination of Negros Oriental governor Roel Degamo, and the killing of nine others, has been out of the country since February and has refused to return.

Degamo was the main political rival of the Teveses in Negros Oriental and successfully unseated Pryde Henry as governor via a 2022 election protest.

Arnie was the first sitting congressman to be designated a terrorist by the Anti-Terrorism Council (ATC) back in August, along with several others who were allegedly involved in the Degamo slay and other politically motivated killings in Negros Oriental.

Pryde Henry’s rival, Lopez, joined the 2022 race for the congressional post but placed second to Arnie, who is now believed to be hiding in Timor-Leste.

Lopez had substituted for Nacionalista Party (NP) candidate Glib Estrella who withdrew from the race in November 2021 so Lopez could run against Teves under the ticket of the late Negros Oriental Governor Roel Degamo.

In the 2022 elections, two others – Karen Estrella of the Probinsya Muna Development Initiative (Promdi) and Acel Estrella, an independent – joined the congressional race in the Negros Oriental district.

Teves won with 91,482 votes against Lopez, his strongest contender, who garnered some 87,684 votes.

Mayor Alviola, the third aspirant for the same position, emerged on Wednesday. Alviola of Bacong, a fourth-class municipality in Negros Oriental, filed his COC for the position of congressman.

Interestingly, Alviola ran for mayor in 2022 under Teves’ political party, the Nationalist People’s Coalition (NPC).

Alviola won against his opponent, Deging Icao of the Nacionalista Party (NP), with 15,133 votes. Icao only got 5,060 votes. The NP is the party of the Lopez and the Degamos.

Bacong had 25,205 registered voters during the 2022 elections.

Arnie’s top rival

Lopez, a native of Negros Oriental and a member of the Ragay clan, was born and raised in Barangay Bonawon, Siaton town. He studied electrical engineering at Silliman University in Dumaguete City, graduating in 1988.

Not too long after, Lopez enrolled at the Philippine Military Academy (PMA) in Baguio City and completed his training there as a distinguished cadet in 1992.

In the years that followed, the young Lopez, serving as an officer of the Philippine Navy, would take his graduate studies in Defense Policy and Strategy at Massey University in New Zealand.

He also became a master’s candidate in National Security Administration at the National Defense College of the Philippines in Quezon City.

In 2021, Lopez was promoted to the rank of Captain after serving multiple times aboard combatant ships in the western and southern Philippines and establishing the Armed Forces of the Philippines Cyber Group (AFPCyG). – Rappler.com

Lina Camacho, a former barangay treasurer, was inside the village hall at around 5:35 pm when two unidentified motorcycle riders fired two shots hitting her neck.

She was rushed to Manila Adventist Medical Center for treatment, but was pronounced dead at around 8:16 pm due to a gunshot wound to the head.

The Pasay City Police was able to arrest the motorcycle driver, identified as Vladimir Del Valle Catubay, while the gunman is still at-large.

The National Capital Region Police Office, in a statement on Tuesday, November 7, said a possible motive behind the attack was a grudge related to Camacho’s participation in a lending business.

The Commission on Elections (Comelec) chair George Garcia condemned the incident, as well as the killing of a newly elected barangay chairman in Davao del Norte on Tuesday.

Garcia and Panabo City Mayor Jose Relampagos denounced the killing of barangay chairman Paul Albert “Epong” Saquian of Barangay Datu Abdul Dadia in Panabo City, who was reportedly shot by two persons on a motorcycle while Saquian was driving his car.

“Gikondina nako kining matang sa krimen. Wala kini lugar sa katilingban, ilabi na ang mga tao nga misuprta niini,” he said in a Facebook post.

(I’m condemning this kind of crime. This has no place in a society like ours, especially for people who support it.)

In a text message sent through a messaging app on Wednesday, November 8, Garcia urged law enforcement and security agencies “to continue to monitor and ensure the security of our fellow citizens, whether the candidates win or lose, whether they are voters or not.”

He emphasized the need for an intensified campaign against criminal organizations and the immediate dissolution of private armed groups. Garcia also called for an urgent and thorough investigation into the killings.

Following these incidents, Comelec spokesperson John Rex Laudiangco said there should be a declaration of vacancy of the permanent positions.

According to the rule of succession outlined in the Local Government Code, Laudiangco said the next winning official would assume the higher position, with the subsequent vacant position being filled through the appointment of a qualified individual by the respective city or municipal mayor.  –Rappler.com

What are the compensation, benefits of barangay and SK officials?

The initial deadline was on Wednesday, November 8.

“To give ample time for aspirants to file their Certificate of Candidacy, it is imperative for the Commission to issue a Supplemental Resolution to Comelec Resolution No. 10957,” said Comelec Resolution No. 10958, which was promulgated on November 6.

The Comelec said the extension will take effect immediately upon the resolution’s publication in two daily newspapers of general circulation in the country.

The Commission on Elections (Comelec) has extended the period for filing of certificate of candidacy for the position of Negros Oriental 3rd district representative from the previously set November 6 until 8 to November 6 until 11. @rapplerdotcom pic.twitter.com/EFPk8rv3IH

— John Sitchon (@TheJohnSitchon) November 6, 2023

Acting Negros Oriental election supervisor Eliseo Labaria told Rappler on Tuesday, November 7, that no one filed a certificate of candidacy (COC) at the Office of the Provincial Election Supervisor (OPES) in Barangay Daro, Dumaguete City, Negros Oriental, on the first day of filing on Monday, November 6.

“We are not expecting that many candidates so not much difficulties,” he said.

He added that there are police assigned at the OPES to ensure the safety of the aspirants and the election officers.

Negros Oriental is under Comelec control by virtue of Comelec Minute Resolution No. 23-0556. 

The special elections in Negros Oriental’s 3rd legislative district is being monitored by a special task force composed of Comelec, the Philippine National Police, Armed Forces of the Philippines, and Philippine Coast Guard. – Rappler.com

The violence is believed to be election-related and is considered a continuation of previous election-related conflicts in the village where two people were killed and several others were hurt during the grassroots elections on October 30.

Baba Abas, the outgoing barangay chairman of Bugawas, said many villagers have fled, while others remained trapped in their homes due to the violence, which is ongoing as of posting time. 

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Abas said the ongoing violence is a continuation of the hostilities that have plagued Bugawas during recent elections.

The violent clashes in Bugawas came on the same morning when Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Chief Minister Ahod Balawag “Al Haj Murad” Ebrahim met with hundreds of barangay and Sangguniang Katabataan (SK) officials in Cotabato City. 

The village of Bugawas was marred by similar violence during the previous week’s barangay and SK elections, where two men were killed and five others wounded as armed groups clashed in front of a polling precinct on Election Day, October 30.

Lieutenant Colonel Esmael Madin, the police chief of Datu Odin Sinsuat, said the October 30 clash was primarily between rival factions in Bugawas, a village with a history of election-related violence. The killings took place just hours before the opening of polling precincts.

The town of Datu Odin Sinsuat has long been associated with a local political dynasty in Maguindanao del Norte.

Meeting with Murad 

Meanwhile, in Cotabato City, Chief Minister Ebrahim led 592 newly elected barangay and SK officials in the BARMM, and the region’s Special Geographic Area (SGA) within Cotabato province who took their oath of office and pledged to uphold moral governance in their respective villages. 

The ceremony took place at the BARMM’s Shariff Kabunsuan Cultural Center in the Bangsamoro Government Center.

Ebrahim said that “moral governance” aims to eliminate corruption, graft, and illegal drugs from the government and society, with a focus on promoting peace and security. 

Following the oath, a memorandum circular was issued by BARMM Interior Minister Naguib Sinarimbo, mandating local government training for elected village officials and facilitating the transition teams for fiscal and physical accountabilities from the previous administrations. 

A mandatory training program for all SK officials was also announced.

Cotabato City Mayor Bruce Matabalao, who graced the ceremony, expressed hope that the event would mark a new chapter for the city. 

He emphasized the importance of reconciliation and bridging divisions, especially given the recent tensions related to the city’s inclusion in the BARMM.
Maguindanao del Norte Governor Abdulraof Macacua underscored the importance of addressing issues such as corruption and the proliferation of illegal drugs starting from the barangays. – Rappler.com

Comelec promulgated Resolution No. 10945 on August 30, setting into motion the series of election-related activities that would eventually replace fugitive ex-Negros Oriental 3rd District Representative Arnie Teves.

Based on the calendar of activities, aspirants for the position can file their certificate of candidacy (COC) from November 6 until November 8, between the hours of 8 am to 5 pm each day.

However, through the Comelec Resolution No. 10958 released on Monday, September 6, the deadline for filing of COC was extended until Saturday, November 11, to give candidates “ample time.”

“The COC shall be filed in five (5) legible copies with the Office of the Provincial Election Supervisor (OPES) of the Province of Negros Oriental,” Comelec’s statement read on Saturday, November 4.

The OPES is located at the Provincial Capitol Area in Barangay Daro, Dumaguete City.

The campaign period will begin on November 9 and end on December 7. During this period, Comelec has listed prohibitions which include having policemen and provincial guards as bodyguards, the use of armored land, water or air craft, and using special policemen, special/confidential agents or the like.

Comelec has also set a liquor ban for December 8 and 9. A gun ban will also be put into effect from November 9 until December 24.

Here is the full calendar of activities and prohibited acts in relation to the special election.

– with a report from James Patrick Cruz/Rappler.com

He did not bother making personal appearances during the brief campaign period, not because of medical limitations, but because he remains behind bars. Benedict is one of the eight prisoners who ran in the last polls while detained – two for barangay chairperson and six for kagawad.

In an interview with Rappler, through the Bureau of Jail Management and Penology’s (BJMP) e-Dalaw program, Benedict shared his experience in the last elections. The BJMP’s e-Dalaw program allows persons deprived of liberty (PDL) to communicate with their visitors, most often loved ones, through online platforms.

Benedict told Rappler that this was his third time being elected as barangay kagawad in their village in Dasmariñas City, Cavite. Based on reports, he was arrested in 2019 while in office, so he has been a public official for almost four years while detained.

He said he did not hold any other elected position in the past, aside from his current post. Since he is currently detained in Dasmariñas City Jail Male Dormitory, his daughter processed his candidacy on his behalf.

“Kailangan magtanong muna siya sa akin kasi anak ko ‘yon. Kung anuman ang gagawin nila sa barangay, eh ‘di dapat ipaalam niya muna sa ‘kin. Itawag niya muna sa ‘kin (She needs to ask me first because she’s my daughter. Whatever they do in the barangay, she would have to tell me first. She needs to consult me first),” Benedict explained to Rappler.

Benedict had doubts he would win for his last term since he could not personally campaign. “Lalo na, sir, ‘yung pangamba na, siyempre, wala tayo sa [ground], kunwari, hindi natin inano na mananalo tayo. Kaya napakalaking pasasalamat sa mga taumbayan, lalo na sa pamilya ko, dahil kung [wala] sila, hindi ako mananalo.”

(I worried especially because of course, since I’m not on the ground, I did not expect that I would win. That’s why I’m really thankful to my constituents, especially to my family, because without them, I would not have won.)

Benedict said he was extremely happy when he learned about his victory. He only found out that he won on Tuesday, October 31, after his family called him, since the manual counting in their village was not yet completed on the actual day of the polls.

The detained barangay kagawad explained that he was really immersed in their community and he helped his neighbors, even before being elected in office. “Kung anuman ang problema sa aming barangay, kahit hindi pa ako naging kagawad, tumutulong po ako, sir.” (Whatever the problem was in our barangay, even if I was not yet a kagawad, I always helped)

Benedict is only one of the three PDLs under the BJMP’s custody who won in the latest polls while detained. According to the Commission on Elections (Comelec), there are two other PDLs who secured seats in the last BSKE:

• Kagawad, Barangay Kay-Buto, Tanay, Rizal (Detained at Tanay Municipal Jail)
• Kagawad, Barangay Iponan, Cagayan de Oro City (Detained at Cagayan de Oro City Jail Male Dormitory)

Play Video

Yes, PDLs can run in polls

Based on rules, PDLs who are not yet convicted for their alleged crimes can still run and win in elections.

In fact, former senator Antonio Trillanes IV filed his candidacy and won a Senate seat while under detention in 2007. On May 14, 2007, Trillanes ranked 11th in the Senate polls with over 11 million votes and was proclaimed senator-elect the day after. (READ: TIMELINE: Trillanes, from mutiny to amnesty)

Under section 12 of the Omnibus Election Code, only a person who has been declared by competent authority as “insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude,” is disqualified from being a candidate or holding any public office.

A convicted person who fits into any of these can only run if given plenary pardon or granted amnesty. This was also recently reiterated by Comelec Chairman George Garcia on Monday, October 30.

Garcia, however, said that PDLs who are elected can only fully perform their duties once they are acquitted or cleared of their charges: “Habang sila po ay nakakulong, eh siyempre ‘di naman sila puwedeng mag-dispose ng kanilang powers and functions. Kaya lang, kung sakaling sila’y makakalaya later or kung saka-sakali mang maabsuwelto sila sa mga kasong kanilang kinahaharap saka pa magtutuloy-tuloy ‘yong kanilang panunungkulan.”

(While they are detained, of course they cannot dispose of their powers and functions. In the event that they are freed or be cleared of their cases later, that’s when they can continue service in office.)

In case the PDL is elected barangay chairman, the rule on succession will apply. In government, rule of succession means the next in line will replace the elected official who is unable to serve.

“Meron naman po tayong rule on succession na nakalagay po sa ating local government, in which case kung ‘yun pong barangay chairman ang nawala sa puwesto and then therefore, ang barangay kagawad naman ang mag-a-assume in acting capacity,” Garcia explained.

(We have a rule on succession in our local government, in which case, the barangay kagawad assumes in an acting capacity, if the barangay chairman is unable to serve.)

In addition, Garcia told Rappler that proxies or representatives of the elected PDLs are not allowed to perform their duties on their behalf, and at most, PDLs can ask courts to allow them to participate in barangay council sessions virtually.

BJMP spokesperson Jail Chief Inspector Jayrex Bustinera, in an interview with Rappler, also reiterated that elected PDLs can only function with limitations.

“Of course, ang physical attendance is limited, kasi nga po kailangan ng court order, if kailangan ng attendance sa isang pag-perform ng kanyang duty. At, hindi din naman po kami papayag, ang BJMP, na lumabas lang siya basta-basta na walang court order,” Bustinera told Rappler.

(Of course, physical attendance is limited because a court order is needed, if attendance is needed to perform their duty. And of course, the BJMP will not allow these PDLs to just leave detention centers without an appropriate court order.)

Play Video

Voting, campaigning

If PDLs can run in elections, they can vote, too.

Detainees can vote as Comelec Resolution No. 9371 made this possible. The resolution even allows those convicted of crimes involving disloyalty to the government to vote, provided their conviction is on appeal.

This year’s BSKE is historic for PDLs because they were able to vote after 10 years. A total of 29,171 PDLs were allowed to vote nationwide. The last time they voted was during the 2013 midterm elections.

Their voting was temporarily stopped when a temporary restraining order (TRO) was issued after a petition was filed seeking to declare the Comelec resolution unconstitutional. In 2012, lawyer Victor Aguinaldo filed the petition that questioned the validity of the Comelec resolution because, according to him, it failed to provide its own implementing rules and regulations. 

Aguinaldo even said that the Comelec rule did not go through public consultations, and that it violated the equal protection of laws by favoring PDL voters over other types of voters.

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Ten years later, the TRO was lifted in 2022 when the Supreme Court (SC) unanimously dismissed Aguinaldo’s petition. The High Court, in its August 26 resolution, said the petition against the Comelec rule failed to present an actual case that would need judicial review.

“Petitioner had not shown any such circumstances. Absent a clear showing of a diminished right for which petitioner will suffer because of the implementation of the assailed Comelec resolution, it cannot be said that a conflict of legal rights exists. On this score alone, the instant petition is already dismissible,” the SC said.

Meanwhile, campaign rules allow the family members of PDLs to campaign on their behalf, like in Benedict’s case. This is also what Trillanes did in 2007 – he campaigned while detained.

Bustinera said that as part of their campaign strategy, PDLs can record themselves while under detention, as long as they seek permission. – with a report from Herbie Gomez; research from Kae Kristel Muñoz, Marie Flor Cabarrubias, and Vince Therese Turqueza/Rappler.com

Kae Kristel Muñoz, Marie Flor Cabarrubias, and Vince Therese Turquez are Rappler interns. Learn more about Rappler’s internship program here.

*Benedict’s real name was withheld for privacy.

In a press briefing on Friday, November 3, Comelec Chairman George Erwin Garcia assured the public that the election results were not affected, as the winners in the barangay and Sangguniang Kabataan elections in the municipality had already been proclaimed. Copies of the certificate of canvass of votes were also secured.

Garcia said they were still waiting for the results of the investigation to determine the cause of the fire. The estimated cost of damage is P345,000, the police report showed. 

Two of the barangays in Sta. Margarita were categorized by the Comelec as areas of “grave security concern,” while eight other villages were designated as “areas of concern.” 

Two days before the barangay and Sangguniang Kabataan elections, two schools in separate towns in Maguindanao del Norte were also destroyed by fire. Officials confirmed that the fire incident was a case of arson. – Rappler.com