The Manila Times
MANILA, Philippines — A group of lawyers on Monday said they will file an impeachment complaint before the House of Representatives against Commission on Elections (Comelec) Chairman George Erwin Garcia and six commissioners, citing alleged violations of election laws and betrayal of public trust. Eldrige Marvin Aceron, founding partner of Aceron & Attorneys and head of the Aceron Public Interest and Legal Association, and Sikini Labastilla of Project Damaskus Lawyers said the complaint accused Comelec officials of culpable violation of Republic Act 8436 or the Automated Election System Law, as well as other high crimes. The complaint stemmed from what the lawyers described as a “pattern of institutional misconduct” during the 2022 and 2025 elections. Aceron said one of the key allegations involved the Comelec’s use of software version 3.5.0 in around 110,000 automated counting machines during the May 12, 2025 elections, which he claimed was not the same version subjected to the legally required source code review. Garcia had earlier acknowledged the use of the software version. The complaint also questioned the alleged use of an “unauthorized intermediary server,” referred to as “Data Center 3,” through which election results were reportedly transmitted before reaching accredited transparency servers. The complainants said this setup led to delays in the release of results to watchdog groups, including the Parish Pastoral Council for Responsible Voting and the National Citizens’ Movement for Free Elections. Garcia was also accused of concealing the use of a single private IP address for thousands of vote-counting machine modems. The complainants said transmission logs that could have verified early vote data were no longer available after they were not preserved. They also pointed to a Supreme Court ruling in August 2024 that found the Comelec en banc liable for “official inaction” in relation to its own procedures. The fourth charge accused the poll body of selectively enforcing campaign finance laws, allegedly favoring candidates allied with the administration despite findings of non-compliance by its own Political Finance and Affairs Department. Aceron said the timing of the filing was influenced by the approaching end of the terms of two commissioners in 2027 and the need to establish accountability ahead of the 2028 national elections. “Garcia will supervise the 2028 elections with the same undisclosed transmission architecture, the same pattern of evidence concealment, and the same selective enforcement record that are the subject of this complaint. That cannot happen without a formal legal record demanding accountability,” he said. Garcia however dismissed the complaint, saying it is about old issues that the poll body had repeatedly answered. “The credibility of the 2022 and 2025 elections was confirmed by random manual audit, revision of ballots, by citizens’ arms and international observers,” Garcia said. The complainants said the case would be transmitted to members of the House of Representatives and made available to the public and media. They added that they are seeking endorsement from at least one lawmaker, as required under the Constitution for impeachment complaints to proceed.
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