1 month ago
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February 13, 2025 | 5:12pm
MANILA, Philippines — The Commission on Elections (Comelec) warned that candidates and individuals committing election offenses, like vote-buying, may face disqualification.
Comelec has formed the Committee on Kontra Bigay through Resolution 11104 to enforce laws against vote-buying, vote-selling and the misuse of state resources in the 2025 midterm elections.
The committee will include representatives from various government agencies, alongside Comelec officials.
Among them are law enforcement agencies such as the Philippine National Police (PNP), National Bureau of Investigation (NBI) and Armed Forces of the Philippines (AFP).
To strengthen monitoring and enforcement, regional, provincial and city-level "Kontra Bigay" committees will also be established to conduct localized surveillance and reporting of election offenses.
What is considered vote-buying?
Under Section 24 of the resolution, vote-buying and vote-selling are defined as “the act of giving, offering or promising” anything of value in exchange for a vote.
This means that vote-buying is not limited to cash transactions — it includes offering goods, services or favors in return for voting for or against a candidate or abstaining from voting.
The law also penalizes individuals who solicit or accept anything of value, directly or indirectly, in exchange for influencing the votes of others.
Section 25 also prohibits digital and online banking transactions, including those made through mobile wallet applications, as these are considered acts of vote-buying and vote-selling.
Comelec also outlined several scenarios that will be presumed as vote-buying and vote-selling under Section 26. Some of these include:
- Distributing groceries or other aid (“ayuda”) that contain sample ballots or campaign materials.
- Holding medical missions, feeding programs, legal aid services, or caravans in a barangay or locality where a candidate’s name, image, or campaign materials are displayed.
- Providing discount cards or other goods during house-to-house election campaigning.
The poll body identified 16 instances of vote-buying, some of which remain illegal even if carried out by a candidate’s family members, in-laws, supporters or employees.
Warrantless arrests, penalties
Under the resolution, law enforcement agencies are tasked with monitoring individuals and locations, as well as verifying reports and complaints of vote-buying and other election offenses.
If surveillance establishes “reasonable ground” to believe that vote-buying, vote-selling, or misuse of state resources has occurred, the PNP must secure a search warrant before making an arrest.
However, warrantless arrests are allowed if law enforcement officers witness the offense being committed in real time or observe an attempt to do so during surveillance.
Those arrested without a warrant will be taken to the nearest police station or jail. Law enforcement agencies must strictly adhere to constitutional rights, applicable laws, and operational procedures in carrying out their duties.
Comelec also has the authority to investigate and prosecute election offenses concerning vote-buying and selling. People who voluntarily testify of any violation related to this offense are exempted from prosecution and punishment.
Complaints may be filed by Comelec, any citizen, political party, or accredited citizens' arm of the poll body.
To facilitate reporting, Comelec will establish a Kontra Bigay Complaint Center (KBCC), where individuals who personally witnessed or have knowledge of vote-buying and selling can submit reports.
Reports may be sent via email to [email protected] or through Comelec’s official Facebook page. There will also be a monitoring portal for the case build-up of the Kontra Bigay committee to track the reported complaints.
Those found guilty of these election offenses will suffer imprisonment of one to six years without probation, disqualification to hold public office, and a fine of at least P10,000 for political parties involved.
