THE Commission on Elections (Comelec) has approved the conduct of warrantless arrests by law enforcers during incidents of vote-buying, vote-selling, and abuse of state resources (ASR) to curb the commission of such activities during this year’s May midterm elections.
Under Resolution No. 11104, the Comelec said law enforcement personnel may arrest individuals engaged in vote-buying, vote-selling, or ASRs even sans a warrant of arrest.
“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,” the Resolution read.
“The person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against,” it added.
The Comelec said materials used in the conduct of the prohibited acts will be immediately seized and taken into custody by the apprehending law enforcement officer.
It said this would include money or any goods of value, sample ballots, or any other campaign materials.
“The law enforcement officer, who has the initial custody of the seized items, shall conduct the actual physical inventory, take photograph, and properly mark the items seized or confiscated in the place, where the arrest was conducted or in the nearest police station or jail, in the presence of the arrested person and other witnesses within the vicinity if there be any,” said the poll body.
“The movement and custody of the seized items, from the time of confiscation to safekeeping, and to submission to the investigating officer and presentation in court as evidence, shall be properly recorded, in accordance with existing laws, rules, and regulations,” it also said.
Under the Omnibus Election Code, vote buying are acts, wherein a person gives, offers, or promises money or anything of value, directly or indirectly, to induce anyone or the public in general to vote for or against any candidate.
On the other hand, vote selling is an act wherein a person solicits or receives, directly or indirectly, any expenditure in exchange of voting for or against any candidate.
ASR, meanwhile, refers to the misuse of government resources, whether material, human, coercive, regulatory, budgetary, media-related, or legislative, for electoral advantage.
Vote buying, vote selling, and ASR acts are considered as election offense.
ELECTION-RELATED INCIDENT
The PNP yesterday said it has so validated one election-related (ERI) incident in Western Visayas.
Citing information from the National Election Monitoring Action Center (NEMAC), PNP spokesperson Brig. Gen. Jean Fajardo said: “As to validated election-related incidents, we have one in Region 6 (Western Visayas) with respect to the tearing down of tarpaulins involving a relative of a candidate.”
Fajardo did not give additional information on the incident.
Fajardo said the PNP is now validating three suspected ERIs – one each in Ilocos region, Cagayan Valley and Western Visayas.
She said four suspected ERIs that were earlier reported – three in Western Visayas and one in Ilocos region – have been found to be not related to the forthcoming elections.
GUN BAN
Fajardo also said 572 violators, mostly civilians, have been so far arrested since the implementation of the election gun ban last January 12.
Fajardo said the violators included a policeman, four soldiers, a government official, four foreign nationals, and 22 security guards.
Fajardo said the police have also seized 576 firearms.
“Many of these were seized in NCR (National Capital Region) with 161, followed by Region 3 (Central Luzon) with 107, and Region 7 (Central Visayas) with 72,” she said.
“As to the type of seized firearms, they are mostly revolvers, followed by pistols and gun replicas,” she added. – With Victor Reyes
