Comelec allows PNP to arrest ‘vote buyers’ when caught in act
MANILA, Philippines — The Commission on Elections (Comelec) directed the Philippine National Police (PNP) to arrest suspected vote buyers caught red-handed, without needing a warrant.
In a memorandum released by the Comelec on Sunday, May 11, it directed law enforcement officers to arrest individuals who are violating election offenses in the presence of arresting officers.
Such violations include vote buying, which is punishable under the Omnibus Election Code.
The poll body released the order after its law department said that the implementation of warrantless arrest on individuals caught in the act is legal.
“The Commission, after due deliberation, RESOLVED, as it hereby RESOLVES to ADOPT the study of the Law Department on the legality of warrantless arrest in connection with the election campaign. As provided in Section 14 (h) and Section 15 (c) of COMELEC Resolution No.11104, any law enforcement officer, including those from the Philippine National Police and National Bureau of Investigation, may, without a warrant, arrest a person when, in the presence of such officer, the person to be arrested has committed, is actually committing, or is attempting to commit an election offense such as vote-buying,” the memorandum read.
According to the Rules of Criminal Procedure, law enforcement officers may arrest individuals without a warrant if they are caught by them (in their presence) committing a crime.
The resolution to arrest vote buyers and sellers when caught in the act was first released in February.
Violations of such acts, according to the Omnibus Election Code, may result in imprisonment of not less than one year but not more than six years.
The offenses are also not subject to probation.
The Comelec's anti-vote buying task force had logged over 400 reports of election-related offenses, including vote buying, vote selling and the abuse of state resources, as of Thursday, May 8.
The elections will be from 7 a.m. to 7 p.m. on Monday, May 12.
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