MANILA – The Commission on Elections (Comelec) has released a resolution permitting law enforcement officials to apprehend individuals involved in vote buying and selling without a warrant of arrest.
Resolution No. 11104 from the electoral body will enhance the powers of its Committee on Kontra-Bigay to oversee instances of vote buying and selling in the upcoming May 12, 2025 midterm elections.
The resolution stated that law enforcement personnel are authorized to execute warrantless arrests if they directly witness an act or an attempt to perpetrate election-related offenses.
“Any law enforcement officer may, without a warrant, 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 or act constituting ASR (abuse of state resources),” the resolution read.
Additionally, any materials utilized in the process of vote buying or selling will be placed under the control of the police.
“The money or any other goods of value, sample ballots and any other campaign materials used for vote-buying and vote-selling, and ASR, shall be immediately seized and taken into custody by the apprehending law enforcement officer,” the resolution added.
The Comelec resolution specified that the transfer of confiscated items from the moment of seizure until their submission to the investigating officer must be accurately documented.
Furthermore, the Comelec emphasized to all law enforcement agencies that any warrantless arrests and related procedures must adhere to the Constitution and relevant legal statutes.
“Any arresting officer of the Armed Forces of the Philippines, Philippine National Police, National Bureau of Investigation or other law enforcement agencies or personnel of the Commission, who shall take advantage of the provisions of these rules or give unwarranted benefits to a certain candidate or political party, shall be administratively and criminally liable in accordance with existing laws, rules and regulations,” the Comelec said./PN
