THE Department of Justice (DOJ) and the Commission on Elections (Comelec) yesterday vowed to intensify the fight against vote buying in relation to the conduct of the Barangay and Sangguniang Kabataan Elections (BSKE) on October 30.
A memorandum of agreement (MOA) was signed by Justice Secretary Jesus Crispin Remulla and Elections chairman George Garcia on Monday to seal the commitment.
The agreement, which is part of the poll body’s “Kontra Bigay Program” for the upcoming BSKE, would see the Comelec coordinating with the DOJ and the National Prosecution Service to address vote buying and other election-related offenses.
“By combining the investigatory prowess of the Comelec and the DOJ, we will ensure that those who commit election offenses will face the full brunt of the law, but it is important though to remember that the people are the ultimate guardians of democracy and in ensuring electoral integrity,” Remulla said during the MOA signing held at the Justice Hall of the DOJ main building in Manila.
“Naway maging simbolo ang MOA ng commitment natin sa isang malinis at mapayapang eleksyon (May this MOA be a symbol of our commitment to a clean, peaceful and orderly election),” he added.
As part of the MOA, Remulla said the DOJ will setup legal assistance desks to handle complaints of vote buying and other election-related offenses.
“The fiscals will be available in their offices for the complaints that will be filed. And they can also be called in by law enforcement people once they catch anybody violating the law,” Remulla said.
The DOJ chief called on prosecutors to ensure proper coordination with law enforcement officers in the filing of cases to ensure that these end up in courts.
He also called on the public to help the DOJ and the Comelec in its fight against vote buying and other election-related offenses.
“Mahalaga talaga na may testigo (It is really important that we have witnesses) and we expect this kind of cooperation to go well and to report any shenanigans out there,” he said.
For his part, Garcia said the MOA signing is a big boost to the poll body’s effort to get rid of vote buying during elections.
“Kung nasa panig namin ang prosecutorial arm ng pamahalaan masisigurado natin na hindi lang matatakot, masisigurado din natin na matututukan at magiging seryoso ang kampanya dito sa makabagong kanser ng demokrasya (If the prosecutorial arm of the government is on our side, we can ensure that offenders will be scared, and that we will be able to strictly monitor the campaign against this new cancer)m” Garcia said.
“The only way to fight this evil is to nip it in the bud and to prosecute and prosecute them with firmness,” he added.
Garcia said DOJ prosecutors together with the Comelec law department would strengthen the committee it has created to fight vote buying by ensuring that evidence gathered are airtight and will withstand court scrutiny.
‘PRESUMPTION’
Garcia said vote buying guidelines promulgated by the poll body include “presumptions,” meaning the burden of evidence will now be shifted to the respondents.
“Halimbawa, isang araw bago ang eleksyon nakita kang paikot-ikot sa mismong barangay at may dala kang indelible ink, nahuli ka, i-pe-presume ka namin na engaged ka sa vote buying (For example, one day before the election we see you going around in your barangay with an indelible ink, you will be arrested and we will presume that you are engaged in vote buying),” he said, adding it is now up to the arrested individual to explain and defend himself or herself.
But Garcia stressed that the poll body will not rely alone on presumption of guilt in the filing of a case, adding that the cases will be backed by other evidence.
“Presumption, plus other evidence because presumptions are still disputable,” he said.
At the same time, the Comelec chief said they will conduct motu propio investigations even without complainants if the poll body receives reports of vote buying or other election-related offenses.
“Simpleng picture lang o lugar kung saan ginagawa at ang Comelec na ang kakalap ng additional evidence (A simple picture showing the vote buying and where it happened will suffice and the Comelec will be the one to gather additional evidence),” Garcia said.
Remulla echoed Garcia and said it is the duty of prosecutors to collaborate with law enforcement officers in the gathering of additional evidence.
Garcia said the poll body has already issued show cause orders to around 2,000 individuals for premature campaigning.
He said the Comelec may lodge around 60 disqualification cases based on initial assessment of the complaints it has received.
The Comelec has set the official campaign period for the BSKE from October 19 to 28.
