The Commission on Elections (Comelec) has allowed warrantless arrest for vote-buying, vote-selling, and abuse of state resources (ASR) for the 2025 national and local elections and the first Bangsamoro Autonomous Region in Muslim Mindanao.
Through resolution no. 11104 on January 28, the Comelec announced this initiative as part of the poll body’s Committee on Kontra-Bigay and part of its measures against abuse of state resources during the election.
“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 acts constituting ASR [abuse of state resources],” the resolution stated.
The resolution also stated that the person arrested shall be brought back to the nearest police station or jail and shall undergo proceedings.
“The law enforcement officer, who has the initial custody of the seized items, shall conduct the actual physical inventory, take photograph, and properly mark the items seized or confiscated in the place, where the arrest was conducted or in the nearest police station or jail, in the presence of the arrested person and other witnesses within the vicinity if there be any," the resolution mentioned.
The resolution also noted that the movement and custody of the seized items, from the time of confiscation, to safekeeping, and to submission to the investigating officer and presentation in court as evidence, ‘shall be properly recorded, in accordance with existing laws, rules, and regulations.’
The Comelec also reminded law enforcement agencies that they must follow the Constitution and other applicable laws.
The Omnibus Election Code calls vote buying as acts, wherein a person gives, offers or promises money or anything of value, directly or indirectly, in order to induce anyone or the public in general to vote for or against any candidate.
The code also defines vote-selling as an act wherein a person solicits or receives, directly or indirectly, any expenditure in exchange of voting for or against any candidate.
It also considers ASR as misuse of government resources, whether material, human, coercive, regulatory, budgetary, media-related or legislative, for electoral advantage.
New Commissioners
Comelec Chairperson George Garcia said in an ambush interview on Tuesday that the poll body needs new commissioners following the retirement of Commissioners Soccorro Inting and Marlon Casquejo.
The poll body head mentioned during the interview that the commissioners must come from the current roster of officials at the agency.
“I can guarantee that even if we’re appointed by the present administration, we can prove our impartiality in all situations,” he said.
Garcia also opposed election lawyer Romulo Macalintal’s call to appoint two opposition figures appointed to the vacated posts to restore “people’s confidence” in the body.
“If you’re in the Comelec, you have to be impartial. If made to choose from this group, then the Comelec can’t be impartial if there’s this kind of requirement,” the commissioner said.
Garcia added that the president may appoint two new commissioners after the Congress adjournment.
Elections and ballots
The Comelec commissioner reported during the interview that over 9.4 million out of the required 72.1 million official ballots for the coming polls have already been printed as of February 2.
He also added that verifying the ballots will need 250 verifier machines aside from over 800 verifiers to the ballots.
“Mano-mano yung pag-verify. As of noong Sabado, sa 500 na makina para sa machine verification, 250 pa lang ang na nagagamit. So yung 250 plano gamitin mula ngayong araw onwards,” said Garcia.
The poll body head also looks forward to a larger space at the National Irrigation Administration’s headquarters and in Amoranto Sports Complex as venues for the verification of the ballots.
He also announced that the poll body aims to finish printing all official ballots by April 14.
