MANILA — The Commission on Elections (Comelec) condemned the alleged ‘vote buying’ of a local candidate in the Negros Island Region (NIR).

Comelec chairman George Garcia was reacting to a viral video of a politician in Negros Oriental throwing P500 bills to the audience at an event.

According to Garcia, he knows the name of the aspirant but the commission has no jurisdiction yet to act on it.

“Sapagkat ang inyong Comelec sa puntong ito ay wala pang kapangyarihan upang maparusahan yung kandidato na yan. Alam namin ang pangalan niya, nakita namin yung video —  kaya lang dahil nga sa desisyon ng Korte Suprema sa Peñera versus Comelec at R.A 9369, wala po po kaming maipa-file na kaso sa kanya,” Garcia told the media.

(At this point, the Comelec has no power to penalize that candidate. We know the name and we saw the video but we cannot file a case yet because of the Supreme Court decision on Peñera vs. Comelec)

That decision holds that campaign violations can only happen during the official campaign period, not before. 

“Papasok lang kapangyarihan namin sa March 28, lalo sa isyu ng vote buying,” Garcia added.

(We will only have jurisdiction starting March 28)

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“Again, walang premature campaigning sa isang automated election. But we condemn yung ganitong pagpapakita ng karangyaan o pagpapakita ng pangmamaliit ang kababayan, lalo pa na mahihirap ang uma-attend ng nga rallies,” Garcia said.

(Again, there is no premature campaigning during an automated election, but we condemn this kind of show of decadence and of demeaning the people, especially the poor who attend these political rallies) 

The poll chief said this is a reflection that there is indeed a need to revise the old Omnibus Election Code and other existing election laws to address the loopholes between the filing of the Certificates of Candidacy (COC) and  the official start of the campaign period.

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Garcia encouraged those who have personal information on the alleged vote buying to file a formal complaint before the commission.

"Pag may nag-file, we will take jurisdiction," he said, adding, however, that this might not lead to cases being filed because of the Peñera doctrine.

He said complaints should still be filed because the doctrine could change.

"Malay natin, samantalahin namin pagkakataon na yan para maging maliwanag ang mga doktrina sa bagay na ito at ma-apply natin sa mga susunod na halalan,” Garcia explained.

(Who knows, we might take this opportunity to clarify the jurisprudence on these matters and we can use that in future elections) 

Commissioner Ernesto Maceda Jr., who is in charge of the poll body's Task Force on Kontra Bigay, said he is in favor of amending the election law.

“Every complaint, every report when it comes to what happened in the Visayas, is an argument in favor of amending the law. Not just changing the jurisprudence of the Supreme Court but as part of the power of the Comelec, we can recommend the amendment of the election laws," he said.

"And it is very clear that when it comes to the law that there is no campaigning unless you're a candidate, that needs revisiting from Congress."