Comelec Chair Urges Election Law Reforms to Prevent Violence

By Joseph Bernard A. Marzan

Commission on Elections (Comelec) Chairperson George Erwin Garcia on Friday, April 11, renewed his call for urgent reforms to the country’s election laws, citing the need to strengthen the commission’s authority and prevent future election-related violence.

Garcia made the call during the Midyang Responsable, Mapanuring Botante! Forum hosted by the Philippine Press Institute at Novotel Hotel in Araneta City, Quezon City, ahead of the May 2025 midterm elections.

Garcia referenced the November 2009 Maguindanao massacre, which claimed the lives of 34 journalists, according to the Committee to Protect Journalists.

He linked the tragedy to Comelec’s limited powers over candidates during the pre-election period, citing the Supreme Court ruling in Penera vs. Comelec.

That 2009 decision, interpreting Republic Act No. 9369, held that candidates are only officially recognized starting 120 days before election day for national posts and 90 days for local positions.

Garcia said that because the massacre happened outside the official campaign period, Comelec had no authority to place areas under its control or implement security measures.

“It was filing of candidacies at the time, November 2009, but the Comelec had no powers then,” Garcia said.

“The filing was just made early because we had to print the names of the candidates on the ballots.”

He explained that during the filing period, the Comelec could not declare areas under its control, impose gun bans, or set up checkpoints.

“So that scenario will keep on happening, like it did in 2009, simply because we have antiquated laws right now,” he added.

Garcia emphasized that current laws limit the commission’s capacity to act, as its role is to enforce existing statutes and follow Supreme Court interpretations.

“There is something wrong with our election laws,” he said.

“Our role is just to enforce and implement the laws, including decisions of the Supreme Court.”

He said he would welcome any move to revisit or overturn the Penera ruling, which limits Comelec’s authority to regulate premature campaigning.

“In order for us to demand accountability, transparency, and orderly, peaceful conduct of the election, there should likewise be a corresponding revision or amendment of our laws,” Garcia said.

“The realities of the present times can no longer be corrected by old, antiquated laws.”

Garcia added that while the Comelec wants to address unfair practices, it is limited by outdated legal frameworks that do not account for modern developments.

“For example, with vote-buying, there were no digital wallets like GCash or Maya before,” he said.

“How do you handle that?”

He stressed that while the Comelec must innovate, it must also avoid overstepping its role.

“There is a danger that the Comelec may intrude into a purely legislative power, because our role is not to promulgate laws, but merely to enforce and administer them,” Garcia said.