THE Department of the Interior and Local Government (DILG) has directed the Philippine National Police (PNP) to create “Anti-Vote Buying Teams” in each province and city to receive complaints and investigate allegations of vote-buying and vote-selling in compliance with election laws, rules, and regulations.

“This is a concrete effort of the DILG and PNP to support the Commission on Elections (Comelec) and the Inter-Agency Task Force ‘Kontra Bigay’ in ensuring a fraud-free election,” DILG Secretary Eduardo M. Año said.

He said the PNP Vote Buying Teams are tasked to receive and process complaints of vote-buying or vote-selling, investigate, gather and preserve evidence, take statements of witnesses, and protect witnesses or complainants by coordinating with the proper government agencies.

“Evidence-based complaints ay aaksyunan at ive-verify ng PNP Anti-Vote Buying Teams at idadaan sa parehong proseso ng pagkalap ng ebidensya. These will be forwarded to the Comelec, which has a motu proprio power, or on its own accord, file cases of violation of election laws,” said Año.

He also said that any concerned group or individual can file complaints that are sufficient in form and substance and supported by the evidence before the proper prosecutor’s office.

He said the Police Regional Offices will be collating and monitoring the status and progress of complaints filed before them and to all dedicated Anti-Vote Buying Teams under their jurisdiction, including reports of vote-buying or selling, and regularly update to the National Task Force Kontra Bigay.

The PNP Regional Offices will also include a report on the methods and schemes of vote-buying and vote-selling in its collated data.

In Memorandum Circular 2022-0400, Año directed PNP regional and provincial offices and city and municipal stations to constitute dedicated PNP Anti-Vote Buying Teams in each congressional district, highly urbanized city (HUC), independent component city, and a component city.

He said Police Regional and Provincial Police Offices should assign additional personnel to Municipal Police Stations that lack personnel for this purpose.

Año said that the PNP Anti-Vote Buying Teams have been told to inform the public of their mandate and contact details with the support of the local Comelec Election Officers and the DILG City or Municipal Local Government Operations Officers.

“Kailangang malaman ng publiko na existing itong PNP Anti-Vote Buying Teams kung saan puwede nilang idulog ang kanilang mga nalalamang election offenses sa kanilang lokalidad,” he said.

The DILG Chief said that the establishment of PNP Anti-Vote Buying Teams complies with Comelec Resolution No. 10755 mandating a more effective implementation of election laws and rules and regulations, particularly the laws governing prohibition against vote-buying and vote-selling.

According to Section 264 of the Omnibus Election Code (OEC), the imposable penalties for vote-buying and selling are imprisonment of not less than one year but not more than six years and shall not be subject to probation.

In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.

If he is a foreigner, he shall be sentenced to deportation, which shall be enforced after serving the prison term.

Any political party found guilty shall be sentenced to pay a fine of not less than P10,000, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.

According to the OEC, vote-buying is committed when “any person gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community to induce anyone or the public, in general, to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party”.

Meanwhile, vote-selling is committed when “any person, association, corporation, group or community solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.”