Comelec denies EU observers' plea to enter polling places on Eleksyon 2025

The Commission on Elections (Comelec) has declined the request of the European Union Election Observation Mission to be allowed entry in polling places during the 2025 midterm elections on May 12, saying that doing so would violate Philippine laws.

Comelec Chairman George Garcia made the announcement a day after the EU poll observers' chief Marta Temido said their work in the Philippines has been proceeding smoothly so far.

Garcia cited the 1987 Constitution as well as a provision of the Omnibus Election Code (OEC) under Article 7, Section 52(k) B.2, which states that: "Members or units of any citizen group or organization so designated by the Comelec, except its lone duly accredited watcher, will not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place."

In a press conference, Garcia said, "They asked, why are you not allowing us? I told them our Commission is willing to face the consequences simply because that is our law."

"Under the Constitution, the Comelec is there to enforce and administer the laws. Eh kung kami pa mismo ang violator ng batas natin, paano natin madi-disqualify ang mga kandidatong lumalabag sa batas kung ang Comelec mismo ang violator ng batas natin?" Garcia said.

(Under the Constitution, the Comelec is there to enforce and administer the laws. If the Comelec violates our laws, how can we disqualify candidates who violate the same?)

The poll chief added, "Yesterday, the EU asked us to allow them entry inside the polling precincts. Sabi nila, 'pag hindi sila pinayagan (They said, if they are not allowed), it might violate international standards on international observations and might compromise 30 years observation (of the) EU."

"Ako po nagsabi sa kanila na hindi puwede ang pagpasok nang kahit sino nang wala sa batas. Sinabi natin firmly (I told them the law is clear regarding the entry of individuals to polling places. We told them firmly)," Garcia said.

Laws take precedence

While the OEC has that provision that Garcia cited, Section 19 of the Comelec Resolution 11121 on foreign and domestic election observers for the 2025 national and local polls as well as the Bangsamoro elections in October, states that they cannot enter any polling place without the consent of the chairman of the Electoral Board concerned.

Garcia, however, maintained that laws are clear and take precedence over the Comelec resolution.

"Basic lang eh, hindi mo pa susundin. Basic lang na ito lang ang pupuwedeng pumasok. Kahit mag-issue kami ng resolution na papayagan sila (foreign election observers), that resolution will be declared null and void. That resolution is illegal," Garcia said.

(It's a basic rule that should be followed. It is clear who are the people who may be allowed inside the polling precinct. Even if we issue a resolution allowing the foreign election observers to enter inside, that would be of no use.)

"Because a resolution that is contrary to law is no valid resolution at all. Iyan po ang maliwanag na maliwanag (That is very, very clear)," he added.

Mission mandate vs. PH law

Further, Garcia said even Comelec staff cannot just enter a polling precinct.

"There seems to be a conflict now between what they believe is their mandate in their mission and what is the application of our laws. We are just protecting the sanctity of the votes and the solemnity of what is happening in the polling precinct. We are invoking the sovereignty of this country and the Philippine laws," Garcia said.

The EU poll observers are in the country on the invitation of the Philippine government.

GMA News Online has reached out to the EU team for comment, but it has yet to respond as of posting time. — VDV, GMA Integrated News

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