The country’s election laws are so old that they are tying the hands of the Commission on Elections (Comelec) itself.
This was the strong message of Comelec Chairman George Garcia on Monday during the budget deliberations for the commission’s proposed ₱11.5-billion budget for 2026 at the House of Representatives.
Garcia admitted that outdated laws have crippled Comelec’s authority to go after candidates who overspend during campaigns and to stop political dynasties from infiltrating the party-list system.
“When our laws are this old, we cannot fully protect the elections,” Garcia said, responding to questions from Akbayan party-list Representative Chel Diokno.
He pointed out that the country’s key election laws—the Omnibus Election Code (1985), the Automated Election Law (2007), the Fair Elections Act, and the Party-list Law—are decades old and no longer fit today’s political landscape.
“The latest election law we have is only about the postponement of barangay and SK elections. It’s clear—we need a major update,” Garcia stressed.
Because of these outdated laws, even the Supreme Court has been forced to step in, making decisions that end up shaping election rules—something Garcia said should be the job of lawmakers.
He cited two landmark cases that limit Comelec’s powers:
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Peñera v. Comelec – ruling that a person is only considered a candidate once the official campaign period starts.
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Banat v. Comelec – allowing anyone with “proven advocacy” to qualify as a party-list nominee, opening the doors for wealthy and powerful clans.
“These gaps are not the fault of Comelec,” Garcia explained. “Even the European Union observers saw the same problem during the 2025 midterm polls. The system itself is outdated.”
To fix this, Garcia revealed that Comelec will again submit to Congress a 963-page draft of a revised Omnibus Election Code, containing long-overdue reforms.
“This is our hope—that the 20th Congress will finally act on it,” he said.
Representative Diokno agreed, saying the call for reforms is urgent.
“This is a wake-up call for Congress,” Diokno said. “Billions are being poured into Comelec, but without updated laws, we are stuck with an election system that is unfair and unequal.”
He reminded lawmakers of the Constitution’s mandate: elections must be free, honest, and fair. “But until these inequalities are corrected, that promise will remain broken,” Diokno warned.
