Result of Comelec audit is ‘best basis’ for poll protest-expert

It would be prudent for petitioners to wait for the result of the Commission on Elections’ (Comelec) random manual audit (RMA) before filing an election protest, a veteran poll lawyer said on Thursday, May 15, 2025. Romulo Macalintal (left) and Apollo Quiboloy. INQUIRER FILES

MANILA, Philippines — It would be prudent for petitioners to wait for the result of the Commission on Elections’ (Comelec) random manual audit (RMA) before filing an election protest, a veteran poll lawyer said on Thursday.

Romulo Macalintal expressed the opinion, as noted by the Comelec, that an election protest is necessary for a manual recount following the call by Kingdom of Jesus Christ founder Apollo Quiboloy to conduct one in the aftermath of the midterm polls.

“The results of the Random Manual Audit could be the best gauge or basis of a candidate who lost in the recent elections, whether or not he or she will file an election protest,” Macalintal said in a statement.

The Comelec has already started the RMA of ballots for midterm polls at Citadines Bay City Manila in Pasay City on Wednesday.

“If there are significant or material discrepancies between the results of the manual count of the ballots versus the results of the electronically transmitted results, then these could be the basis to ask for a recount in the protest,” he added.

Waste of time, money

Macalintal, however, noted that it would be “a waste of time or money” to file an election protest if the results of the RMA would not reveal any significant differences between the manual and electronic count.

“Unless, of course, the margin between the winner and loser is very slim, say about 50-100 votes only,” he pointed out.

However, this could not apply to Quiboloy, who ranked 31st, far behind in the senatorial race’s “Magic 12″ circle.

Senate reelectionist Imee Marcos, who is in the 12th spot, got 13,038,627 votes, as opposed to Quiboloy, who got 5,579,359 votes, according to the data from the Comelec transparency server as of 5:25 p.m. on Wednesday.

But Quiboloy’s camp said that is not the point.

“He is even willing to sign a waiver that, whatever may be the result of our call, he will not sit as a senator,” said Quiboloy’s spokesperson, Israelito Torreon, in a One News interview on Thursday.

No election protest needed 

Torreon also challenged Comelec spokesperson John Rex Laudiangco’s remarks that an election protest is needed before conducting a manual recount.

READ: Comelec to Quiboloy: Want a manual recount? File protest first

“We respectfully disagree with Comelec’s statement that a formal petition is necessary to trigger a manual recount,” Torreon said in a statement on Wednesday.

Torreon said manual counting of votes at the precinct level is supposedly expressly mandated by law, particularly Section 31 of Republic Act 9369 or the Election Automation Law.

“There is no harm if we apply by analogy the said law in ordering a manual recount of votes in the light of numerous complaints aired in the recently concluded elections,” he said. “We are simply invoking the law.”

However, Comelec chairman George Erwin Garcia on Wednesday explained that a manual recount will require another law mandating such a proceeding.

Torreon even said the Comelec has motu proprio powers to call for a manual recount of votes even without a petition.

“Comelec’s reluctance to act is tantamount to an evasion to perform a positive duty enjoined by no less than the Constitution— that is, to assure the public of a free, honest, orderly, peaceful, and credible elections,” Torreon said, adding: “If Comelec is to be faithful to their constitutional mandate, they must act now and allow a manual recount of highly contested precincts—once and for all.”

Quiboloy launched his senatorial bid despite his detention at Pasig City Jail due to allegations of child abuse, which he vehemently denied./coa