Senatorial candidate Camille Villar cannot be disqualified for alleged vote-buying if it is proven that she did not give away money after February 11, which is the start of the 90-day campaign period for national candidates, a lawyer said Wednesday.

Comelec orders Camille Villar to explain alleged vote-buying

The Commission on Elections earlier issued a show cause order against Villar after receiving a complaint that the candidate was onstage during an event in Barangay Buhay na Tubig in Cavite where a female winner was given a cash prize. A video of the event was  posted on social media last February 12.

Villar has denied the allegations of vote-buying, saying the event happened on February 9, before the start of the campaign period.

Lawyer Alberto Agra said Villar is off the hook if the activity was done before February 11 since there is no illegal campaigning before the period.

He noted any aspiring candidate who files a certificate of candidacy in October is still not liable for election offenses until the start of the official campaign period.

“Kung totoong ginawa niya ‘yan prior to the campaign period, walang vote-buying kasi hindi pa siya kandidato prior to the campaign period. Ang tawag sa kanya aspirate. Ang aspirate hindi liable sa vote-buying. Hindi mo kailangang i-account ang iyong gastos,” he said. 

Agra said that prior to the start of automated elections, aspiring candidates were liable for election offenses after they file their COCs.

He said this is the rule for the upcoming barangay elections since these will be done manually. 

"Ang tagal na ng ating batas sa vote buying 1985 pa. maraming kailangang baguhin pero mahirap baguhin dahil sa political dynamics," he said.