MANILA - The Commission on Elections (Comelec) Law Department has issued a subpoena for Quezon City 5th District congressional candidate Rose Nono Lin, who had been investigated by the Senate for the Pharmally Pharmaceuticals fund mess.

The subpoena was issued in connection with a complaint for vote-buying under Section 261 the Omnibus Election Code. The complaint covers 16 other individuals.

The subpoena said that a complaint was filed against them for alleged violation of Section 100 of the Omnibus Election Code (OEC) of the Philippines as amended by Republic Act 7166 in relation to Section 262 of the OEC.

They were given until May 16 to submit their digitally-scanned, duly-notarized counter-affidavit and other supporting documents.

The subpoena said that failure to comply will be considered as waiver of the right to present defense, and the case shall be submitted for resolution based on the evidence on record.

Previously, the Lin camp blamed an election rival for the latest case of vote- buying filed against her before the Comelec.

“Mariing itinanggi ng kampo ni Quezon City District 5 congressional candidate Rose Nono-Lin ang panibagong kaso ng vote-buying at tinukoy ang katunggali nito sa puwesto na si PM [Patrick Michael] Vargas, kapatid ni incumbent Representative Alfred Vargas, bilang may pakana ng lahat ng ito," her office had said in a press release.

In the same press release, her lawyer Manuel Jeffrey David said they had long heard of attempts by Lin’s rivals to make it appear that Lin is giving out cash for votes. Her camp had said they long warned the public about this.

“This is a last-ditch effort to discredit our client, who clearly retains the lead in the April poll surveys at 52.62%,” David claimed.

Before running for Congress, Lin had been investigated by the Senate over the alleged misuse of pandemic response funds by Pharmally Pharmaceuticals.

The pleading filed before the Comelec head office in Manila listed 1 complainant—Timoteo Salaguste, with Lin as the lone respondent.

Salaguste in his complaint alleged that even before Lin filed her Certificate of Candidacy and beyond March 25, 2022, when the official local campaign period started, she and her barangay coordinators and co-conspirators, undertook a concerted and coordinated scheme to buy votes of tens of thousands of Novaleños. “Even now, the vote-buying scheme continues in one of the many headquarters, houses, and online,“ Salaguste said.

“The brazenness of their vote-buying scheme is disgusting. And their vote-buying operations have become obvious for probably all Novaleños, so much so that the name 'Rose Lin' has become synonymous with a 500-peso bill inside a small cash envelope. People would be seen lining up early in the morning in their gated headquarters, holding 'stubs' or 'tickets'," Salaguste added.

“From January 2022 to March 2022, coordinators of Respondent Lin under the supervision or cooperation of barangay councilors who are allied to Respondent Lin, gave 'stubs' or 'tickets' to voters, including some of the Complainants, telling voters to proceed to 'payout' at the date, time, and venue indicated in the stubs or tickets. Voters were selected because Respondent Lin’s barangay coordinators were assisted by these barangay councilors," Salaguste also said.

Salaguste also claimed that from March 2022 onwards, and after the filing of several cases, Lin changed her strategy and instead focused on conducting house-based vote-buying operations at the houses of her coordinators.

Salaguste then asserted that Lin herself admitted to buying votes in an April 2, 2022 campaign rally in Barangay Kaligayahan.

“Rampant na talaga yung ginagawang vote-buying,” Salaguste said in an ambush interview last Wednesday.

Salaguste recalled that he too received an offer but there was no exact amount. Salagiste said, initially, the offer was around P5,000 for his vote and support.

The complaint is a petition filed under Section 68 of the Omnibus Election Code, which refers to vote-buying.

“Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions.”

Lin is one of the 5 candidates for congressional representative of Quezon City District 5. She filed under Lakas-CMD but she is no longer with the party.

Before this, a group identifying itself as the Kowalisyon Novaleno Kontra Korapsyon filed a complaint for vote-buying against Lin.

“Even before the filing of Respondent Lin’s Certificate of Candidacy and beyond March 25, 2022, when the official local campaign period started, Respondents undertook a concerted and coordinated scheme to buy votes of tens of thousands of Novaleños. Even now, the vote-buying scheme continues in one of the many headquarters," the complaint said in its statement of facts.

“Under the pretense of 'ayuda' or 'scholarship,' Respondent Lin, conspiring and confederating with other Respondents, who are incumbent barangay councilors (hereinafter, 'Respondent Officers') and private persons engaged as 'barangay coordinators', Respondent Lin engaged in the illegal act of vote-buying and conspiracy to bribe votes," the complaint also said.

The complaint listed specific acts of alleged vote-buying operations where alleged coordinators of respondents “gave 'stubs' or 'tickets' to voters, including some of the complainants, telling voters to proceed to 'payout' at the date, time, and venue indicated in the stubs or tickets."

“Like in some of the Complainants’ experiences, voters were told to proceed to any of Respondent Lin’s headquarters located in Barangay San Bartolome, namely: (1) 747 Quirino Highway, besides St. John of Beverley School (the “Main HQ”); (2) Cathay, Holy Cross (the “Toleng HQ”); and (3) Continental Warehouse, located in Alfred Street (the “Continental HQ”)," the complaint said.

“There were 'batches' called per barangay, at 8:00 a.m., 10:00 a.m., 1:00 p.m., and 3:00 p.m. Each batch covers around 350-500 people," the complaint added.

“Once called, voters would walk inside a separate room. A paymaster is there sometimes with a goon or bodyguard. A QR code located at the back of their issued ID will be scanned,” the complaint also said.

The complainants were assisted by election lawyer Paolo Mabazza.

“Well, simple lang naman ito. Malalaman natin sa balita kung sino itong taong ito, sabihin na lang natin nasa Blue Ribbon Committee ito at may kinalaman doon sa mga diumanoy iregularidad sa pagbili ng PPE [Personal Protective Equipment] nung kasagsagan ng pandemya kung saan naabuso yung pruseso doon sa DBM [Department of Budget and Management] sa procurement service," Mabazza said.

“The basic vote-buying, sasabihin na ayuda, magpapatawag ng tao, scholarship in exchange for soliciting their votes of these voters, mga rehistradong botante ng 5th district ng QC," Mabazza said.

“Receiving money from vote-selling is also an election offense, 'di naman kami magcocommit ng election offense...These people are living witnesses sa nangyaring vote-buying sa 5th District, specifically nga sa mga headquarters nitong kandidatong aming idinemanda," Mabazza said.

“Mostly, these are pictures ng mga taong nakatanggap, alam niyo naman ang safeguards pag nagvideo ka ng walang consent ng parties,” Mabazza said.

“Inirereklamo namin yung isang kandidato sa District 5, si Ms. Rose Nono Lin ng vote-buying. Marami po kasi dito, karamihan sa amin ay mga residente, opisyales ng iba't ibang asosasyon sa Novaliches,” one of the complainants, Ted Lazaro, earlier told media.

“Di lang sa mga kamag anakan, pati mga miyembro namin nagrereport sa amin ng sinasabi nilang ginagawang vote buying sa iba’t ibang headquarters ni Rose Nono Lin sa District 5 so may mga reports na may mga picture yung actual na pagkuha ng pera na pinapalabas na scholarship daw ito ayuda daw ito yun po yung naging basehan namin,” Lazaro said.

“Naniniwala kami yung perang ginagamit dito ay mula doon sa sinasabing nakuha nila o kinita nila doon sa Pharmally scam," Lazaro said.

“Kung pakikinggan natin yung iba’t ibang reports, humigit kumulang 5 libong tao araw araw ang tumatanggap ng tig P500 sa pinakamababa mula dito sa kandidatong ito," Lazaro also said.

The side of the complainant sent photos and videos of the alleged vote- buying operations. The source has asked not to be credited.

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