VOTE BUYING | Comelec asks citizens to file formal complaint to strengthen case vs violators

March 25, 2022 , 02:58 PM

By Beatrice Puente

(March 25, 2022) – The country’s poll body may have the power to investigate allegations of vote-buying on its own but a commissioner on Friday encouraged concerned citizens to file a formal complaint to build a stronger case to hold accountable those who commit the election offense.

George Garcia of the Commission on Elections (Comelec) explained the complaint might not stand just by presenting videos of the incident without providing testimonies from those who were present at the incident.

“Napakaganda kung may formal na complaint na nasumpaan at may kalakip na ebidensya,” said Garcia on Ted Failon and DJ Chacha sa Radyo 5.

“Kung kami ang mangangalap ng ebidensya ngayon, after the fact na ‘yung nangyari, mukhang mahirap kumalap ng ebidensya. Sana may mga mag-complain din na formal upang mas ma-strengthen natin ang kaso.”

On Thursday, some attendees of the sortie held by vice presidential bet Sara Duterte-Carpio in Laguna were seen receiving envelopes containing cash in what critics described as a form of vote-buying. But Laguna Gov. Ramil Hernandez claimed those were allowances of barangay health workers and volunteers.

Cavite Gov. Jonvic Remulla also openly handed out cash to those who performed on stage before the arrival of presidential candidate Ferdinand Marcos Jr., the running mate of Duterte-Carpio, earlier this week. But Remulla shunned criticisms as he said the local campaign starts on March 25.

“Walang UniTeam na kasama sa stage, therefore it was my event, not yet the UniTeam rally,” said Remulla. “Wala naman si [Marcos] doon eh. Ako pa lang ‘yun. The presidential candidate, vice president, and senators were not there—it was only me. Not until the candidates arrived is it a violation.”

Prior to this, journalists also documented the distribution of envelopes containing P500 in a UniTeam rally in Nueva Ecija but Governor Aurelio Umali said the money was for their local financial assistance program. Both Marcos’ campaign manager and his political party denied knowledge of the incident.

Vote-buying and vote-selling are prohibited under the Omnibus Election Code. It covers “any person” who offers money or anything of value to citizens in exchange for their vote. Violators may be imprisoned for one to six years, disqualified to hold public office, and deprived of their right to vote.

The Comelec already said distributing cash aid and conducting raffles are prohibited during the campaign.

“That’s prohibited, that’s vote-buying. You can’t give anything of value to supporters to encourage them to vote. You might say that is for another reason but none of us are born yesterday. We all know that it’s going to be for vote-buying purposes,” said Comelec spokesperson James Jimenez last month.

But Garcia, in an interview on ABS-CBN TeleRadyo, clarified that distributing cash aid may not automatically be a form of vote-buying if the official got an exemption from the Comelec. He cited the possible use of the “totality rule” in deciding if an act can be construed as vote-buying.

“Kung ang isang kandidato naman ay basta na lamang namigay sa kahit na sino at pagkatapos ay meron pang bulong, ‘Ako ang iboto ninyo’ o kaya ‘yung kanyang ipinamimigay ay merong mukha, pangalan, o numero niya, eh ibang usapan na ‘yun,” said Garcia.

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