EXPLAINER: Vote-buying, selling

INQUIRER FILE PHOTO

MANILA, Philippines—Despite stern warnings and clear rules, vote-buying and selling persists in Philippine elections.

These are criminal practices that carry tough penalties and involve the exchange of money, gifts, or favors for votes.

The Commission on Elections (Comelec) defines vote-buying as the act of giving, offering, or promising these in exchange for votes:

• money or anything of value
• any office position or job
• franchise or reward, public or private
• expenses directly or indirectly
• to extract expense from any person, association, corporation, entity, or community.

“This is done to persuade anyone or the general public to vote for or against any candidate or to withhold his vote in an election,” Comelec explained.

Vote-selling, or the act of selling votes, involves “the asking or receiving, directly or indirectly, of any expenditure or promise of any office or job, public or private, for any of the aforementioned reasons by any person, association, corporation, group, or community.”

GRAPHIC Ed Lustan

According to Article 12 of the Omnibus Election Code, vote-buying and vote-selling are election offenses punishable by imprisonment of not less than one year but not more than six years—in addition to other penalties provided by law.

While vote-buying and vote-selling are common and rampant during national elections, the same criminal offenses persist and hound the coming elections for barangay and Sangguniang Kabataan officials.

In 2018, Comelec received multiple reports of vote-buying and vote-selling across the country — resulting in the arrest of several individuals.

Usually, the transactions involved handing out bills amounting to P50, P150, P200, P300, P500, P1,000, P3,000, and P5,000 — often in envelopes with sample ballots.

READ: Buying, selling of votes rampant in villages

Committee on Kontra Bigay

To prepare for the BSK elections this October 30, Comelec launched the Committee on Kontra Bigay last month, an inter-agency task force against vote-buying and vote-selling composed of various government agencies.

According to Comelec chairperson George Garcia, the committee will receive and handle complaints, prepare reports, and hold investigations to penalize candidates suspected of committing election fraud.

READ: Comelec launches anti-vote buying task force

GRAPHIC Ed Lustan

Garcia had said that the commission was “serious” in its efforts to “minimize” vote-buying incidents, and public funds must not be spared for these purposes.

“We already proved that the Comelec is serious on the issue of vote-buying. A governor and a mayor got disqualified from the recent elections because (of vote-buying),” Garcia added.

In a recent statement, Garcia warned that Comelec is already strictly enforcing the law against premature campaigning and that it would be more stringent in enforcing the law against vote-buying.

Read: More poll bets face disqualification, says Comelec chief

Presumed vote-buying and vote-selling acts

According to Comelec, committing the following acts, combined with possession of campaign materials and other supporting evidence, is assumed to be vote-buying and vote-selling:

• Possessing or delivery of any coins, notes, monies, cards, pay envelopes, bags, groceries, tokens, or anything of value, together with sample ballots or other campaign materials in favor of or against a candidate
• Offering or promising something of value in consideration for someone’s vote
• Long lines or queues of registered voters/persons for the distribution of money, discounts, insurance or health cards, grocery items and such other goods intended to be used to induce the persons to vote for or against any candidate or withhold their votes in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party
• House-to-house election campaign, which involves the giving of money, discount cards, grocery items, and such other goods to induce the household or the occupants to vote for or against any candidate or withhold their votes in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party
• Holding of bingo games, talent shows, or other similar activities that involve the distribution of prizes by the candidates or their supporters or by any person in which the names of the candidates are mentioned, or those conducted in a place where the names or the pictures of the candidates are displayed or visible
• Employing the hakot system or gathering two (2) or more registered voters to a specific place before election day and on election day to distribute money or anything of value and/or sample filled-out ballots.
• Possessing, transporting and/or carrying cash exceeding P500,000.00) or its equivalent in any foreign currency, along with campaign paraphernalia and/or corroborated evidence during the period of two (2) days before an election and on election day, except those authorized persons as stated in Section 28 of Resolution No. 10946.
• Causing the splitting of the amount of at least P20,000.00 to smaller denominations of P200.00, P100.00, P50.00, or P20.00, during the period of five (5) days before election day and on election day, except when necessary to or in connection with the occupation or business of the possessor
• Conducting medical missions, legal aid services, feeding programs, or any caravan offering any or all of these services in a certain barangay or locality, in which the names of the candidates are mentioned, or those conducted in a place where the name or picture of a candidate is visible or displayed
• Giving, distributing, and receiving any assistance or ayuda except those which are normally given to qualified individuals, such as but not limited to basic needs in the form of food, transportation, medical, education, burial, and other similar assistance, during the campaign period, day before election day and election day
• Hiring or appointing more than two (2) watchers per precinct per candidate, who shall serve alternately
• Possessing on election day indelible ink or any chemical that may remove indelible ink, such as but not limited to acetone, nail polish remover, or paint thinner, except when necessary to the occupation of the possessor and those authorized by the commission
• Possessing of blank original ballots during election day, except those authorized by the commission
• Similar situations.

Comelec also stressed that giving money through digital or online banking transactions or any mobile wallet applications can also be considered vote-buying and vote-selling.

The agency stated that carrying more than P500,000 in cash is forbidden five days before the  BSK elections on Oct. 30. Those found with such an amount, particularly after the start of the campaign period, will face penalties.

Cashiers and company owners, especially payroll clerks who carry large amounts of cash in their line of work, would be exempted from the ban. However, they are advised to bring their company identification cards indicating their designations.

READ: Comelec to penalize those carrying over P500,000 cash before barangay, SK polls

Reporting vote-buying and vote-selling

Complaints and reports of vote-buying and vote-selling can be submitted to the KontraBigay Complaint Center (KBCC) through the assistance of Comelec’s Education and Information Department (EID).

GRAPHIC Ed Lustan

According to Comelec, KBCC shall:

• Receive complaints and reports of vote-buying and vote-selling from any citizen who has personally witnessed the act of offering or promising by or of voter’s acceptance of money or other consideration from the relatives, leaders, or sympathizers of a candidate
• Assist in the preparation of the complaint, the affidavit of witnesses attesting to the offer or promise by or of voter’s acceptance of money or other consideration from the relatives, leaders, or sympathizers of a candidate
• Gather relevant evidence for vote-buying and vote-selling, such as corroborated video clips, photographs, and other audio and visual recordings
• Reports received involving incidents of vote-buying and vote-selling shall be referred to the election officer having jurisdiction over the place where the alleged vote-buying and vote-selling took place
• Refer to the Committee on Kontra Bigay (CKB), through the secretariat, complaints for vote-buying and vote-selling together with the affidavits of witnesses and other corroborative evidence, for the formal filing of a complaint for the election offense of vote-buying and vote-selling with the law department or field office of the commission
• Submit a weekly report to the CKB of all reports and complaints of vote-buying and vote-selling and the actions taken
• Monitor all reported incidents of vote-buying and vote-selling and provide updates or follow-through actions thereon.

Comelec said that any candidate who is found to have given, offered or promised money or anything of value to influence, induce, or corrupt voters to vote for or against any candidate or withhold votes shall be disqualified.

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