KOJC lawyer urges use of ‘continuing mandamus’ to safeguard 2025 Philippine elections

DAVAO CITY (May 24)—A Filipino lawyer is calling on the Philippine Supreme Court to expand the application of the legal doctrine of “continuing mandamus” to compel the Commission on Elections (COMELEC) to strictly uphold election laws amid mounting concerns over the 2025 midterm polls.

In a public statement, Atty. Israelito Torreon cited serious irregularities during the May 2025 elections, including the unauthorized implementation of online overseas voting, the lack of required random manual audits, and delayed automated counting machine (ACM) certification. These violations, Torren said, undermine the transparency and legality of the electoral process.

“Democracy depends on trust in the vote,” said Torreon. “When that trust is broken, the entire system unravels.”

A continuing mandamus is a court-issued directive that compels a government agency to perform a legal duty continuously until compliance is achieved. It has traditionally been used in environmental protection cases in the Philippines, most notably in the 2008 Supreme Court ruling on Manila Bay rehabilitation.

Torren now proposes extending the doctrine to electoral accountability, arguing that the Commission on Elections has neglected its constitutional and statutory responsibilities under Republic Acts 9369, 10590, and 7166. He emphasized that the Supreme Court should revisit its 2023 decision limiting the writ’s application only to environmental matters.

“Electoral law must be enforced in real-time, not post-fact,” Torreon emphasized. “COMELEC’s failure to implement safeguards like the voter-verified paper audit trail, secure transmissions, and timely certifications demands judicial oversight.”

He pointed to how India’s Supreme Court has used the continuing mandamus in high-profile corruption and human rights cases, like the 1998 Vineet Narain decision, to compel state agencies to act decisively and impartially. He suggested the Philippine judiciary consider a similar approach in the face of systemic electoral lapses.

This legal appeal comes as many Filipinos voice discontent with the conduct of the 2025 midterm elections. Reports of technical irregularities, opaque result transmissions, and ignored statutory safeguards have sparked widespread public concern.

Torreon’s proposal to apply a continuing mandamus to COMELEC aims to restore voter confidence, ensure compliance with Philippine election law, and uphold the constitutional right to fair and transparent elections.