By Ferdinand Patinio
MANILA – The Commission on Elections (Comelec) has allowed warrantless arrest for vote-buying, vote-selling and abuse of state resources (ASR) incidents during an electoral exercise.
“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,” according to Resolution 11104 that was promulgated Jan. 28 and made public Monday.
“The person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against.”
Materials used, including money or any other goods of value, sample ballots and any other campaign materials, will be seized and taken into custody by the apprehending law enforcer.
“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,” it said.
It also said 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.”
The Omnibus Election Code defines vote buying as acts, wherein a person gives, offers or promises money or anything of value, directly or indirectly, in order to induce anyone or the public in general to vote for or against any candidate.
On the other hand, vote selling is considered when a person solicits or receives, directly or indirectly, any expenditure in exchange of voting for or against any candidate.
ASR refers to the misuse of government resources, whether material, human, coercive, regulatory, budgetary, media-related or legislative, for electoral advantage. (PNA)
