Comelec condemns ‘vote-buying’ in Negros viral video

Negros Oriental map. INQUIRER FILES

MANILA, Philippines — The Commission on Elections (Comelec) on Thursday condemned the viral incident of alleged vote-buying in Negros Oriental. 

Comelec Chairman George Erwin Garcia said that the poll body is aware of the viral video where an election aspirant in Negros Oriental was seen handing out P500 in an event.

He also said that they know the identity of the said aspirant. 

“We strongly condemn that, kaya lang po nakakalungkot sapagkat sa puntong ito, wala pang kapangyarihan upang makasuhan yung kandidato na yan,” Garcia answered when asked to comment on the incident. 

(We strongly condemn that, but we are saddened because at this point, we don’t have the power yet to file a case against the candidate.)

Vote-buying and vote-selling are considered as election offenses under the Section 262 of the Omnibus Election Code. 

Garcia cited a Supreme Court decision –  Peñera vs. Comelec declaring there is no premature campaigning before the start of a campaign period.

The campaign period for local candidates begins on March 28.

He also noted a provision of the Republic Act 9369 or the Automation Law that states that a person who files his certificate of candidacy can only be considered as a candidate at the start of the campaign period.

It emphasized that unlawful acts “shall effect only upon the start of the aforesaid campaign period.”

“Wala pa po kaming maip-afile na kaso sa kanya at least bilang paglabag sa election law. Papasok lang ang kapangyarihan namin ngayong March 28, lalo na kung ang issue ay pamimili ng boto,” Garcia added. 

(We can’t file a case yet for violating the election law. Our power comes into effect on March 28, especially if the issue is vote-buying.)

When asked if the Comelec can act on formal complaints filed against the aspirant, Garcia answered that they “will take jurisdiction.”

However, he said that conviction on charges is a “different matter.”

“Naniniwala po kaming i-invoke at i-invoke ng mismong kandidato yung Peñera doctrine at yung provision ng RA 9369,” he said. 

(We believe that the candidate will invoke the Peñera doctorate and the provision of RA 9369.)

Call for amendment of election laws

Garcia renewed the poll body’s call to amend election laws, emphasizing that the Supreme Court may change its course on its previous decisions.

“Sana pag-file ng kandidatura, lahat sila ay kandidato na. Mayroong premature campaigning na prohibited at may karampatang kaparusahan na kaagad sa paglabag nito,” Garcia noted. 

(I hope that once they file their [certificate of] candidacies, they are considered candidates already. Premature campaigning will be prohibited and it has corresponding penalties once violated.)

 He also encouraged the public to report incidents of vote-buying and file complaints against concerned aspirants or candidates.