EU report finds nearly half of election code outdated

Nearly half of the Philippines' Omnibus Election Code is outdated and no longer applicable, according to a report by the European Union (EU) Election Observation Mission.

The EU poll observers noted that many provisions have been superseded by the Constitution and numerous subsequent laws and regulations.

The outdated election code has forced the Commission on Elections (Comelec) to effectively create new rules and contradict existing laws through resolutions for the midterm polls.

The Comelec issued numerous resolutions that introduced substantive changes on issues including online voting for overseas Filipinos, digital campaigning, artificial intelligence, and anti-discrimination measures.

One resolution made sexist remarks an electoral offense, leading to at least one candidate's disqualification.

The EU mission stated that this regulatory overreach amounts to de facto law-making, bypassing the legislature.

The election code has not been updated to repeal inoperative articles, creating confusion about which provisions are still legally valid.