Comelec issues guidelines on vote-buying violations
MANILA – The Commission on Elections (Comelec) on Wednesday reminded registered voters against vote-buying and vote-selling.
In a memorandum issued by Comelec Commissioner Aimee Ferolino, chairperson of Task Force Bigay, the voting public was advised about the consequences of committing any act in violation thereof.
It also directed the law enforcement agencies to strictly enforce the statutory prohibition against vote-buying and vote-selling.
Section 261(a) of Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code (OEC), penalizes as election offense the act of vote-buying and vote-selling.
The violation is defined as any person who gives, offers, or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public, in general, to vote for or against any candidate or withhold his vote 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.
Likewise, any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private.
“The election offense of vote-selling is committed when the following elements are present: any person, association, corporation, group or community; solicits or receives, directly or indirectly, any expenditure or promise of any office or employment public or private, and the purpose is to induce anyone or the public, in general, to vote for or against any candidate or withhold his vote 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.
Also considered as an element of such crime is the payment of permit-to-win (PTW) and permit-to-campaign (PTC).