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Warrantless arrest for vote buyers
By J.Lo
“We are once again reminding PNP, as our deputized agent, to stop act of vote buying… they can arrest people even without warrant because that is outright crime being committed right in front of us,” Commission on Elections (Comelec) Chairman George Garcia said amid surge in vote buying incidents, Comelec has reminded Philippine National Police (PNP) that those engaging in such illegal activities can be arrested even without warrant. Poll body has directed PNP to strictly comply with Comelec resolution upholding legality of warrantless arrests in connection with midterm polls.
Under Comelec resolution, any law enforcement officer may, without warrant, arrest person when, in the presence of such officer, person to be arrested has committed, is actually committing, or is attempting to commit election offense such as vote buying.
Comelec reiterated that non-compliance with directive is valid ground for criminal and administrative liability.
Garcia said vote buying was rampant because no arrests are being made, with PNP Legal Service even coming out with issuance that prohibits warrantless arrests.
Garcia, however, stressed that 1987 Constitution, Supreme Court ruling as well as Comelec rules allow warrantless arrests, particularly those caught in the act of committing crime.
“We are please asking PNP, show people that we will not allow vote buying, and we will definitely protect you when you do your job right,” he said.
Garcia said poll body has so far received 500 reports of vote-buying incidents nationwide.
He said out of 500, Comelec has issued over 200 show-cause orders against candidates allegedly involved in those vote-buying incidents.
Garcia said politicians appeared to have resorted to traditional forms of vote buying such as distributing cash and gift certificates.
In Catanduanes, he said, local Comelec office encountered problems because police authorities could not stop vote-buying activities.
However, Garcia gave assurance that Comelec is closely monitoring those reports and is now closely coordinating with PNP top officials.
“We may not resolve or make decision on vote buyers today, but candidates must remember, even if they win, we will go after them,” Garcia said, and added poll body is coming out with resolution suspending proclamation of candidates with strong evidence of vote buying against them.
Even if those candidates will not be immediately disqualified, he said, Comelec can pursue legal offense case against them.
Garcia further warned that even those who sell their votes can face same penalties.
Meanwhile, Legal Network for Truthful Elections (LENTE) ,non-partisan, nationwide network of lawyers, law students, paralegals and grassroots volunteers engaged to do election work recorded almost 100 vote-buying incidents right before midterms.
LENTE executive director Rona Ann Caritos said vote-buying incidents escalated on the evening of May 9 at various barangay halls, voter’s residences and last minute assemblies.
Caritos urged public to stay vigilant since it is during the last few days leading to elections when candidates make last-ditch effort to secure votes.
She admitted that vote buying remains big problem in the country, more rampant with local than national candidates.
LENTE said 70 percent of reports they received were about vote buying, while remaining 30 percent were allegedly about concerns on abuse of state resources, such as candidates joining distribution of social welfare program payouts during campaign period.
In connection with today’s midterm polls, Bureau of Immigration (BI) warned foreigners that they might be deported if they would be caught taking part in political gatherings such as campaigns and rallies.
In statement, BI Commissioner Joel Anthony Viado said foreign nationals should observe limitations of their stay and discouraged them from joining political campaigns and rallies.
“Foreign nationals are prohibited from joining rallies, campaigns, or any political gatherings… these actions may be grounds for deportation,” Viado said, adding visa cancellation and travel blacklist as other possible consequences.
He said “such participation is violation of Philippine immigration policies bar foreign involvement in political activities,” and encouraged public to report violations or suspicious activities involving foreign nationals through BI’s official Facebook page at Facebook.com/officialbureauofimmigration.
In the meantime, Garcia invited delegates of European Union Election Observation Mission (EU-EOM) to witness Comelec National Board of Canvassers (NBOC) set to convene today at 3 in the afternoon in Tent City of Manila Hotel.
“Observers and all other interested parties are welcome to enter voting precincts during close voting stage, to observe printing of election returns, transmission of election results and ballot review process,” Garcia said in letter to EU-EOM chief observer Marta Temido.
Poll chief gave assurances that election observers can continue with their election activities, although they are restricted from entering polling places during voting process.
Garcia said election observers can visit public schools and any of 42 designated malls that serve as voting centers and witness voting procedures, as long as members of electoral board can perform their work efficiently and voters can cast their ballots in secrecy.
He said canvassing venues for cities, municipalities and provinces are also open to election observers when board of canvassers will be convening for preliminaries to canvassing process.
Comelec, Garcia said, is posting on its website unofficial results of election in real time. Aside from website, public can also check election results at operations center poll body put up at the main office in Intramuros, Manila.
Expecting long queue in all polling precincts nationwide, Comelec advised voters to go to polling centers and cast their ballots early, with reminder to have prepared list of candidates they will vote for.
Garcia said they are also hoping for slightly higher voter turnout compared to past midterm elections, and there is no reason for registered voters not to participate in today’s polls since May 12 has been declared holiday.
He also announced that Filipinos abroad can still enroll until noon today (Philippine Standard Time) in overseas voting system, and cast their votes online.
Garcia said regular voting hours are from 7 in the morning to 5 in the afternoon., but senior citizens, persons with disabilities (PWDs), and heavily pregnant women can already cast their vote as early as 5 in the morning .
He said Comelec has set up satellite priority polling places exclusively for senior citizens, PWDs, and heavily pregnant women, who may opt to vote in regular polling precincts if they want.
Threat Monitoring Center has been formed by Department of Information and Communications Technology (DICT), in partnership with Comelec.
“ Threat Monitoring Center is operational, fully equipped to detect and combat spread of false information,” DICT Cybercrime Investigation and Coordinating Center officer-in-charge Renato Paraiso said.
Executives of state agencies and digital platforms Meta, TikTok and Google were present at the joint briefing.
Teachers’ group disputed Department of Budget and Management (DBM)’s recent announcement of across-the-board increase in poll duty honoraria, saying figures touted by agency were not new and had long been set by Comelec.
Teachers’ Dignity Coalition (TDC) said there was “no such thing as increase” with recent announcement of P2,000 additional compensation.
DBM and Department of Education announced last Friday that poll duty compensation will increase across the board ,Electoral Board (EB) chairpersons will receive P12,000 from P10,000; EB members will get P11,000 from P9,000; and support staff will receive P8,000 from P6,000.
“It’s not true there was increase in honoraria because pay of EB chair remains at P12,000; P11,000 for EB members; and P8,000 for support staff…but that’s what’s really on Comelec’s general instructions, that’s what’s being said during our training…we’ve known that for long time,” said TDC spokesman Jim Beleno, will also serve as EB chairperson in precinct at Roxas High School in Manila.
Beleno explained amounts were already conveyed to teachers during Comelec training and are clearly stipulated in Comelec Resolution 11076, or General Instructions for Electoral Board, promulgated on Oct. 30, 2024.
He added, even before training sessions in March, Garcia had already committed in February 2024 meeting to increasing poll workers’ compensation.
This commitment came after TDC asked whether Comelec would continue supporting tax exemption for election duty pay following President Ferdinand Marcos Jr.’s veto of proposed bill.
Beleno then challenged DBM and Marcos administration to go beyond announced increases and push for revival and passage of vetoed tax-exemption bill.
“We urge the President and Congress to take favorable action to exempt our honoraria from taxes… more meaningful relief we’ve long been asking for,” he stressed.
Bayan president Renato Reyes Jr. called on Comelec to take legal action against people and groups spreading disinformation targeting Makabayan bloc party-list groups.
Reyes decried “last-minute smear and disinformation campaign” falsely claiming that certain Makabayan-affiliated party-lists, including Bayan Muna, had been disqualified by Comelec or tagged as “terrorists” by Anti-Terrorism Council (ATC).
He said disinformation materials circulating online use fake Comelec and ATC documents and are designed to look official by incorporating government logos and manipulated graphics resembling those of mainstream news organizations.
Caloocan’s Pablo Virgilio Cardinal David advised Catholic fanatics to pray for guidance in selecting candidates they would vote for.
According to CBCPNews, David, also president of Catholic Bishops’ Conference of the Philippines, said voters should consider future of the country and next generation when they cast their vote.
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