Dear Atty. Maan,

Someone I know was given money in with a flyer of a specific candidate attached to it. Also, reports have surfaced about candidates distributing goods and making promises in an attempt to sway voters. It makes me wonder, if someone accepts money or goods but there’s no clear agreement explicitly directing to vote for such candidate, does that still count as vote buying under the law?

Apple

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Dear Apple,

Vote buying, is an election offense, defined under Section 261(a)(1) of Batas Pambansa Blg. (BP) 881, or the Omnibus Election Code. The said provision states:

Sec. 261. Prohibited Acts. — The following shall be guilty of an election offense:

(a) Vote buying and vote selling. — (1) Any person who 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 in order 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.

The offense of vote buying is defined in Section 261(a)(1). The offender commits one of these acts: (1) gives, offers or promises money or anything of value; (2) gives or promises any office or employment, franchise or grant, public or private; (3) makes or offers to make an expenditure, directly or indirectly; and (4) cause an expenditure to be made to any person, association, corporation, entity, or community. It is imperative for the prosecution of the offenses of vote buying to show intent: (1) to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or (2) 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.

In the case of Rodriguez and Defensor vs. Comelec et. al [G.R. No. 255509. 10 January 2023] the Supreme Court held that it Any complaint that charges the election offense of vote buying must be supported by credible evidence that substantiates the elements of the offense. General averments of vote buying, when accompanied by uncorroborated video clips and screenshots from such video clips, will be adjudged as mere speculation because they cannot substitute for proof required to establish probable cause. It requires more than a mere tenuous deduction to prove the offense of vote buying. There must be concrete and direct evidence or, at least, strong circumstantial evidence to support the charge of vote buying.

In Lozano v. Yorac, the Supreme Court decreed that the physical presence of a mayoralty candidate during the distribution of the local government’s Christmas gifts did not necessarily make the candidate the giver of said gifts. Complainant’s witnesses even confirmed that the gift packages clearly indicated that the local government was the giver.

“Section 261(a) of the Omnibus Election Code explicitly states that intent an element the offenses of vote buying and vote selling. That the Omnibus Election Code is a special law does not necessarily mean that it is needless to prove intent. We agree with the Comelec En Banc that vote buying is inherently immoral as it destroys the sanctity of votes and prostitutes the election process.

An act prohibited by a special law does not automatically make it malum prohibitum. “When the acts complained of are inherently immoral, they are deemed mala in se, even if they are punished by a special law.” The bench and bar must rid themselves of the common misconception that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special laws. The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act.”

Also, please be reminded our vote is a reflection of our values and hopes for the country’s future. Don’t let it be influenced by short-term material gain. Vote wisely, and stand firm against vote buying.

Atty. Mary Antonnette Baudi