DONTS IN AN
ELECTION SEASON
Atty. Doris G. Ramirez
Every election is unique. While certain basic principles, rules and laws can be applied
to each election period, it is important to have a complete understanding of the
particular situation and the conditions in which your campaign will be waged.
Comelec Resolutions
Title
GENERAL INSTRUCTIONS FOR THE BOARD OF CANVASSERS
ON THE CONSOLIDATION/ CANVASS AND TRANSMISSION
OF VOTES CONNECTION WITH THE MAY 13, 2013
NATIONAL AND LOCAL ELECTIONS
RMA
Resolution No. 9647
22 February 2013
16 January 2013
Title
GENERAL INSTRUCTIONS FOR THE IMPLEMENTATION OF
CAMPAIGN FINANCE LAWS AS PROVIDED IN RESOLUTION NO.
9476 , AS AMENDED IN CONNECTION WITH THE 13 MAY 2013
NATIONAL AND LOCAL ELECTIONS AND ALL SUBSEQUENT
ELECTIONS THEREAFTER
12 December 2012
Resolution No. 9588
Title
2x3 ft.
3x8 ft. during public meetings
Election Offenses
Who is liable for Vote buying? How is it committed?
Vote buying is committed by ANY PERSON:
a) who gives, offers, promises money or value;
b) who gives or promises any office or employment;
c) who makes or offers to make an expenditure,
or cause an expenditure to be made to any person
or association;
in order to induce anyone or the public to vote for or against any
candidate (OEC, Art. 261, A1)
VOTE SELLING is the crime of one who accepts (OEC, Art. 26, A2)
Election Offenses
Prosecution of Vote-buying and Vote-Selling (RA
6646, Sec 28 ) states that:
The presentation of a complaint for violation of
paragraph (a) or (b) of Section 261 of BP 881
supported by affidavits of complaining witnesses
attesting to the offer or promise by, (or of the voters
acceptance of money or other consideration from) the
relatives, leaders, or sympathizers of a candidate,
shall be sufficient basis for an investigation to be
immediately conducted by the Commission, directly
or through its duly authorized legal officers, under
Section 68 or Section 265 of said BP 881.
One of the effective ways of preventing the commission of vote buying
and of prosecuting those committing it is the grant of immunity from
criminal liability in favor of the party whose vote was bought.
Election for mayor of Meycauayan, Bulacan was held on May 08, 1995.
Blanco received 29, 753 votes while Alarilla got 23, 038 votes.
On May 09, 1995, Alarilla filed with the COMELEC a petition to disqualify
Blanco.
When the said PNP composite team examined the ten (10) black plastic
bags, they found out that each bag contained ten (10) shoe boxes. Each
shoe box when examined contained 200 pay envelopes, and each pay
envelope when open contained the amount of Php 1,000.00. When
questioned, respondents brother, Mariano Blanco and respondents wife,
admitted to the raiding team that the total amount of money in the ten (10)
plastic bags is Php 10,000,000.00
The labels found in the envelope shows that the money were intended as
respondents bribe money to the teachers of Meycauayan (14)
The above acts committed by the respondent are clear grounds for
disqualification under Sec. 68 of the Omnibus Election Code for giving
money to influence, induce, or corrupt the voters or public officials
performing election functions; for committing acts of terrorism to enhance
his candidacy; and for spending in his election campaign an amount in the
excess of that allowed by the Election Code. There are only 97,000
registered voters in Meycauayan versus respondents expenses of at least
Php 10,000,000.00 as admitted above.
Supreme
that:
Court
ruled
Election Offenses
Election Offenses
OEC, Art. 266: Arrest in connection with the election campaign.
No person shall be arrested and/or detained at any time
for any alleged offense committed during and in
connection with any election through any act or
language tending to support or oppose any candidate,
political party or coalition of political parties under or
pursuant to any order of whatever name or nature and
by whomsoever issued
EXCEPT ONLY upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution shall have been strictly complied with. XXX
Official Watchers
Every registered political party or coalition of political
parties, and every candidate shall each be entitled to
one watcher in every polling place and canvassing center:
Provided That, candidates for the Sangguniang
Panlalawigan, Sangguniang Panlunsod, or
Sangguniang Bayan belonging to the same slate or ticket
shall collectively be entitled to only one watcher.
The dominant majority and minority parties shall each
be entitled to one official poll watcher.
There shall also be recognized 6 principal watchers,
representing the 6 accredited major political parties.
Any person convicted for violation of this Act, except those convicted of the
crime of electoral sabotage, shall be penalized with imprisonment of
eight years and one day to twelve (12) years without possibility of
parole, and perpetual disqualification to hold public office and
deprivation of the right of suffrage. Moreover, the offender shall
be perpetually disqualified to hold any non-elective public office."
Election Offenses
Q: Is the mere fact that there are more votes cast than
are registered voters a crime?
A: Yes. Any member of the Board of Election Inspectors who
has made possible the casting of more votes than there are
registered voters shall be guilty of an election offense.
Q: Is it a crime to print ballots or election returns in
quantities
exceeding those authorized by the
Commission?
A: Yes it is a crime for any official or employee of any printing
establishment or of the Commission or any member of the
committee in charge of the printing to print in excess.
to
establish
one
All parties and candidates shall submit within five (5) days from
their establishment, the list showing the specific locations and
addresses of all their headquarters, to the following offices:
Effective Documentation