Comelec: Warrantless arrest OK for vote buying, selling
Credit to Author: Mayen Jaymalin| Date: Tue, 4 Feb 2025 00:00:00 +0800
MANILA, Philippines — Those found engaging in vote buying or abusing state resources face warrantless arrest, the Commission on Elections (Comelec) declared in a resolution yesterday.
“All other arrests without warrant as provided in Rule 113 of the Revised Rules of Criminal Procedure shall be applicable and valid in relation to these rules,” the Comelec said in its resolution.
A person arrested without a warrant shall be taken to the nearest police station to undergo criminal proceedings.
Comelec said the money or any other goods of value, sample ballots and any other campaign materials used for vote-buying and vote-selling shall be immediately seized and taken into custody by the apprehending law enforcement officer.
The movement of seized items from the time of confiscation up to the submission to the investigating officer shall be properly recorded, the Comelec resolution stated.
However, the Comelec reminded all law enforcement agencies that all those warrantless arrests and procedures must be conducted in accordance with the Constitution and applicable laws.
“Any arresting officer of the AFP, PNP, NBI or other law enforcement agencies or personnel of the Commission, who shall take advantage of the provisions of these rules or give unwarranted benefits to a certain candidate or political party, shall be administratively and criminally liable in accordance with existing laws, rules and regulations,” the commission pointed out.
Meanwhile, Comelec Chairman George Garcia said he is against having opposition figures appointed to the posts to be vacated by two retiring commissioners, as suggested by veteran election lawyer Romulo Macalintal.
“If you’re in the Comelec, you have to be impartial. If made to choose from this group, party, then the Comelec can’t be impartial if there’s this kind of requirement,” Garcia said. “There are many qualified people in the Comelec and they’re proven to be impartial.”
Garcia was reacting to Macalintal’s recommendation for President Marcos to appoint commissioners from the opposition to “restore people’s confidence” in the poll body.
But he stressed the President has absolute discretion in selecting the replacement of Comelec commissioners Marlon Casquejo and Socorro Inting who are retiring this week.
The poll chief said he would rather the President select from officers within the commission who are already tested, experienced and proven to be fair and trustworthy in performing their job during elections.
While the remaining majority members of the seven-member poll body are Marcos appointees, Garcia assured the public that the Comelec remains impartial.
“I can guarantee that even if we’re appointed by the present administration, we can prove our impartiality in all situations,” he said.
Garcia expects the President to appoint two new poll commissioners by next week or preferably at least two months before the election.
After Congress’ adjournment, Garcia said the President may appoint ad interim poll commissioners who could immediately buckle down to work.
Garcia said the Comelec is now focusing its efforts on the operations and administration of the conduct of the May 12 midterm polls.
He also reported that over 9.4 million out of the required 72.1 million official ballots for the coming polls have already been printed as of Feb. 2.
Garcia said Comelec is still looking to finish printing all the official ballots by April 14.
Meanwhile, the Department of Social Welfare and Development (DSWD) said it has not yet submitted to the Comelec its guidelines for the implementation during the election period of the Ayuda para sa Kapos Ang Kita program (AKAP).
Without the guidelines, the AKAP cannot be doled out.
There was no funding for AKAP under the National Expenditure Program submitted to Congress by the executive. But Congress inserted the unconditional AKAP in the 2025 national budget while slashing P50 billion for the conditional cash transfer or 4Ps.
Sen. Grace Poe said House members would get P21 billion and senators P5 billion for AKAP distribution. The DSWD has said politicians have no say in AKAP doleouts.
“As per the DSWD’s Crisis Intervention Unit, the agency has not submitted the guidelines for the AKAP to the Comelec since the AKAP draft guidelines are still for approval by the Office of the President (OP) and the Department of Budget and Management (DBM),” the DSWD said.
The draft guidelines, according to the DSWD, had been “signed by the NEDA (National Economic and Development Authority), DOLE (Department of Labor and Employment) and DSWD and submitted to the OP and DBM for approval.”
At yesterday’s joint public hearing by the Senate committees on social justice, welfare and rural development and of finance, Sen. Imee Marcos – as presiding officer – lashed out at the DSWD for the absence of guidelines for AKAP implementation. She said the DSWD does not even have a list of minimum wage earners.
Labor and Employment Undersecretary Benjo Santos Benavidez admitted that DOLE has no list of minimum wage earners, prompting Marcos to ask, “How can you determine who is the right beneficiary since you don’t have a list of minimum wage earners?”
Marcos said records of the Employers Association of the Philippines indicated that there were two million minimum wage earners in Metro Manila and five million across all regions.
Baguio City Mayor Benjamin Magalong, one of the resource persons, lamented that the AKAP implementation is being politicized.
“Some of the DSWD personnel told beneficiaries that as long as there’s an endorsement from certain congressmen, there will be no questions asked, that’s how the program is implemented,” he said. — Delon Porcalla, Cecille Suerte Felipe