ILOILO City – The Commission on Elections (Comelec) in the city and province of Iloilo has adopted a whole-of-nation approach to further strengthen the implementation of policies against vote-buying and selling in the upcoming Oct. 30 Barangay and Sangguniang Kabataan Elections.
The functions of the Committee on Kontra Bigay were presented yesterday by Atty. Reinier Layson, the Iloilo Provincial Election Supervisor and concurrent City Election Officer.
Aside from the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP), also members of the committee are other national government agencies and non-government organizations, including the public, that would run after offenders and ensure the sanctity of the local elections.
“Vote-buying is a big problem every election that is why we adopted the whole-of-nation approach to curb vote-buying and vote-selling,” said Layson.
The Comelec particularly wanted to empower the public as they could be of help in the campaign against vote-buying and vote selling.
“This is the very purpose of the Committee on Kontra Bigay. Aside from government agencies involved, we will be empowering the voters to have an avenue or tool to report those who engage in vote-buying,” Layson added.
However, Layson said so far no one from the city and province of Iloilo has been convicted of vote-buying, but in other areas of the country there were those who were convicted based on the decision of the Supreme Court.
He further said there is a huge gap between the number of complaints lodged at the Comelec against vote-buying and vote-selling and the number of convictions. Thus, he is hopeful that through Committee on Kontra Bigay, more would be charged and convicted.
“When you compare it (conviction) to the rampant practice of vote-buying, it really tails in comparison,” Layson said.
How to file complaint through Committee on Kontra Bigay?
According to Layson, once you caught someone engaging in vote-buying or vote-selling, it should be documented by obtaining videos and photos, recording the behavior and identifying the offender.
After that, an affidavit of complaint duly notarized by the lawyer should be obtained and submit it to the concerned municipal or provincial election offices.
“We need people to stand up and speak out loud that it’s already too much, stop the vote buying,” Layson said.
Under Comelec Resolution No. 10946 or the Creation of the Committee on Kontra Bigay, establishment of Kontra Bigay Complaint Center and Rules and Regulations in connection with the disqualification of candidates for vote-buying under Section 68 of the Omnibus Election Code (OEC) and prosecution of vote-buying and vote-selling as an election offense under Section 261 (A) of the same code, the offender is any person and that offender is:
* gives, offers, or promises money or anything of value
* gives or promises any office or employment, franchise or grant, public or private
* makes or offers to make an expenditure, directly or indirectly
* cause an expenditure to be made to any person, association, corporation, entity, or community
Vote-selling refers to the soliciting or receiving (directly or indirectly) any of the acts defined as vote-buying.
These are the acts that presumed vote-buying and vote-selling:
Acts, along with possession of campaign materials and other corroborative evidences:
* Possessing or delivery of any coins, monies, notes, pay envelopes, bags, groceries tokens or any of value together with sample ballots or campaign materials
* Offering or promising something of value in consideration for someone’s vote
* Long lines or queues of registered voters to the distribution of money, discount, insurance or health cards, grocery items and goods
* House to house election campaign
* Holding bingo games, talent shows or similar activities
* Employing the hakot system
* Possessing, transporting/carrying cash exceeding P500,000 or its equivalent in any foreign currency, with campaign paraphernalia’s and/or corroborated evidence during two days before election day and on election day, except by authorized persons
* Causing the splitting of the amount of at least P20,000 to smaller denominations of P200, P100, P50, or P20 during five days before election day and on election day, except when necessary/connection with the occupation or business of the possessor
*Conducting medical missions, legal aid services, feeding programs or any caravan offering, any or all of these services
* Giving, distributing and receiving assistance or ayuda
* Hiring or appointing more than two watchers per precinct per candidate
* Possessing on election day inedible ink or any chemical that may remove indelible ink
* Possessing of blank original ballots during election day
* Analogous cases
The Committee on Kontra Bigay is chaired by the commission-in-charge and the vice chairperson is the executive director. The members include the Law Department, Department of Justice (DOJ), Department of Interior and Local Government (DILG), Department of Education (DepEd), Department of Information and Communication Technology (DICT), PNP, AFP, National Bureau of Investigation (NBI), Bangko Sentral ng Pilipinas (BSP), Cybercrime Investigation and Coordinating Center (CICC), and Philippine Information Agency (PIA).
Objectives
* Provides an efficient mechanism and structure for implementation of policies against vote-buying and vote-selling
* Ensures the active participation of all sectors of society institutionalizing a whole-of-nation approach
* Provides a procedural tool to aid the Comelec in prosecution through the Kontra Bigay Citizens/ Complaint Center
AFP roles
* Assist the commission in its information campaign against vote-buying and vote-selling;
* Assists the commission in securing Comelec personnel, as well as its stakeholders in the implementation of this Resolution; and
* Render any other assistance that it may deem necessary for the enforcement of Section 261 (A) of the Omnibus Election Code (OEC)
PNP roles
* Assist in information campaign against vote- buying and vote-selling;
* Gather evidence in the prosecution or arrest of suspected individuals who commit vote- buying and vote-selling;
* Identify and report unusual or suspicious transactions or modus operandi schemes of vote-buying and vote-selling;
* Assist in investigation of acts of vote-buying and vote- selling by preserving evidence;
* Conduct training to educate its personnel on the identification of vote-buying and vote-selling schemes;
* Secure the safety of complainants and witnesses;
* Arrest a person when, in his or her presence, the person to be arrested has committed, is actually committing, or is attempting to commit the election offense of vote-buying and vote-selling; and
* Render any other assistance to enforce OEC.
Disqualification of candidates
* Candidates found to have given, offered or promised money or anything of value to influence, induce or corrupt anyone or the public to vote for or against any candidates or withhold his or her vote in the election shall be disqualified
* The commission may Motu Propio through Kontra Bigay Committee, file petition for disqualification
* Filing of petition for disqualification based on substantial evidence/PN
