Comelec allows warrantless arrest on vote-buying, selling
Comelec headquarters in Intramuros, Manila. INQUIRER FILES
MANILA, Philippines — The Commission on Elections (Comelec) is allowing warrantless arrest on vote-buying and vote-selling for the 2025 national and local elections and the first Bangsamoro Autonomous Region in Muslim Mindanao Parliamentary elections.
According to the Resolution No. 11104, this initiative is an expansion of the power of the Kontra Bigay committee and is part of the guidelines against the abuse of resources for the elections.
Vote-buying and vote-selling are considered as election offenses under the Section 262 of the Omnibus Election Code.
READ: Explainer: Vote-buying, selling
“Any law enforcement officer may, without a warrant, arrest a person when, in his or her presence, the person to be arrested has committed, is actually committing, or is attempting to commit the election offense of vote-buying and vote-selling, or acts constituting ASR [abuse of state resources],” the resolution read.
The resolution also added that “[a]ll 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.”
It also noted that election materials used for vote-buying and vote-selling will be seized by law enforcement authorities.
Further, Comelec Chairman George Erwin Garcia also said that citizen arrest is allowed when the election offense is caught on act. When asked if this will be abused, the Comelec chief said that it is not implied by the poll body in its rules.
“‘Yan pong citizen’s arrest, wala po kayong makikita sa rules namin. Pero sa rules of court at sa decision ng Supreme Court, lagi pong inaaffirm sapagkat ang pag-arrest sa mga taong nagcocommit ng krimen in your presence ay hindi lang para sa mga law enforcement authorities, kahit sa mga ordinary citizens,” Garcia said in an ambush interview on Tuesday.
(The citizen’s arrest is not included in our rules. But in the rules of court and decision of the Supreme Court, it is always affirmed because the arrest of committing a crime in your presence is not just for the law enforcement authorities, but even for ordinary citizens.)
He then warned that arresting citizens and law enforcement authorities must be able to protect themselves against vote-buyers and vote-sellers.
READ: Comelec to decide next week on paid endorsement in 2025 polls
Garcia also mentioned that the Kontra Bigay committee will be launched this week, along with other guidelines on campaign period such as the presumption of paid endorsements of influencers, content creators, and celebrities for a certain political aspirant or political party.
