Law enforcement personnel may conduct warrantless arrests vs. vote-buyers — COMELEC | ABS-CBN

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Law enforcement personnel may conduct warrantless arrests vs. vote-buyers — COMELEC

Law enforcement personnel may conduct warrantless arrests vs. vote-buyers — COMELEC

Harlene Delgado,

ABS-CBN News

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Quezon City Hall employees unload official ballots at Quezon City Hall on May 6, 2025, in preparation for the upcoming national and local elections. Maria Tan, ABS-CBN NewsQuezon City Hall employees unload official ballots at Quezon City Hall on May 6, 2025, in preparation for the upcoming national and local elections. Maria Tan, ABS-CBN News

MANILA -- The Commission on Elections maintained that law enforcement personnel may arrest individuals involved in vote-buying, even without a warrant. 

In a memorandum released Sunday, the poll body moved to adopt the study of its law department on the legality of warrantless arrest in connection with the election campaign. 

It cited sections 14 (h) and 15 (c) of COMELEC Resolution No. 11104 which states that “any law enforcement officer, including those from the Philippine National Police and National Bureau of Investigation, may, without a warrant, arrest a person when, in the presence of such officer, the person to be arrested has committed, is actually committing, or is attempting to commit an election offense such as vote-buying”. 

The commission directed the PNP to strictly adhere to the said resolution and provisions. 

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Those who will fail to comply may be held liable, according to Comelec. 

“The Commission reiterates that non-compliance with the directive contained in COMELEC Resolution No. 11104 is a valid ground for criminal and administrative liability,” it stated. 

The poll body also directed its main and field officials to submit a report to the Office of the Executive Director anyone “who is defiant and uncooperative in enforcing COMELEC Resolution No. 11104 in their respective areas of jurisdiction”. 

Comelec chairman George Erwin Garcia also emphasized that individuals caught red-handed buying or selling votes should be arrested.

“Naglabas po kasi ang PNP Legal service ng kanilang sariling opinion na hindi dapat mag-aresto nang walang warrant of arrest… maglalabas din ang COMELEC en banc ngayon ng isang reso na practically ay sinasabing mukhang hindi po tama ang nailabas na ‘yan ng legal service sapagkat kaya po nakakapamayagpag ang pamimili ng boto wala kasing nakikitang naaaresto,” he said in an interview at the canvassing center for the National Board of Canvassers in Manila Sunday, May 11. 

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“So sana sa ating mga kababayan kami ay humihingi na ng tulong sa inyo na kinakailangan masawata natin ang pamimili ng boto ng tahasan. At kakailanganin po tumanggi po tayo hindi yung tayo mismo ang sumasama sa kanila,” Garcia appealed to voters. 

Around 500 potential vote-buying incidents have been reported to the poll body. 200 of which were issued show-cause orders, according to Garcia. 

Most vote-buying reports came from Metro Manila, Central Luzon and Calabarzon.



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