ELECTIONS chairman George Garcia yesterday said the Commission on Elections (Comelec) will now allow warrantless or citizens arrest against individuals who will be caught buying votes ahead of poll exercises.
In a press conference after signing a Memorandum of Agreement (MOA) with the PNP and the Philippine Coast Guard (PCG), Garcia said: “We shall now allow the public to make an arrest, especially if a person is caught in the act. In the past, it is not encouraged. But now, we are authorizing it with the full backing of the Comelec.”
“These drastic actions are already necessary in order for the Comelec to prove that we are serious in combating vote buying activities,” he said.
The poll chief said that among the instances where such an arrest is applicable is when a person is carrying a large amount of money, or when a candidate is organizing public gatherings.
“We will presume that that person is involved in vote buying,” said Garcia.
In a televised public briefing also yesterday, Comelec spokesman John Rex Laudiangco said the Comelec Committee on Vote Buying, headed by Commissioner Ernesto Maceda Jr., is already finalizing the guidelines on addressing incidents of vote buying.
“We will come out with new guidelines for the campaign against vote buying. This will be a better deterrent and easier to prosecute those violating the law,” said Laudiangco.
Under the law, vote buying is the act of any person, who gives, offers, or promises money or anything of value directly or indirectly to induce anyone to vote for or against any candidate.
Vote buying is considered as an election offense, which carries the penalty of one to six years imprisonment, removal of right to vote, and disqualification from holding public office.
Asked whether warrantless or citizens arrest is legal and constitutional, members of the Commission all answered in the affirmative.
“Violation of election law is a criminal act. Citizens arrest is linked to warrantless arrest. When a crime is being committed in your presence, there is no more time to secure a warrant of arrest. That is allowed by law. There is nothing that says otherwise,” said Comelec Commissioner Rey Bulay.
“We are not encouraging the people to make warrantless arrest. But that is an option provide by the Constitution. It is not prohibited. And that has been affirmed by the Supreme Court,” said Garcia.
Garcia said the poll body is prepared to defend its decision if anyone wants to challenge its legality.
“It may be bordering on something, which is legal or illegal… Let them question,” said Garcia.
