Agents of the National Bureau of Investigation (NBI) nationwide have been directed to attend political rallies and campaign sorties of national and local candidates and to arrest persons caught in the act of vote buying and other election offenses.

During the “Laging Handa” public briefing on Thursday, March 31, Justice Secretary Menardo I. Guevarra said:

“On the part of the NBI, I have requested the OIC Chief (Eric B. Distor) ng NBI na yung kanilang mga field and regional offices ay pagalawin, gawing more active para hindi yung maghintay lamang ng mga tips or possible na reklamo on vote buying, kundi lumabas sila mismo at makihalubilo sa mga rallies, mga sorties, mga campaigns and so forth and so on para mahuli nila sa akto yung mga nagko-commit ng election offenses like vote buying (I have requested Distor to make the NBI regional offices more active and not just wait for tips and complaints by deploying and mingling in rallies, sorties, campaigns and other political gatherings to catch in the act persons engaged in vote buying).

“Kaya then and there they can effect warrantless arrests pagka nahuli nila sa akto (The NBI can make warrantless arrests if these persons have been caught in the act).

“Yun lang masampulan nila ang ilan magdudulot ng pangamba doon sa mga nagbabalak na mamili o manghingi ng pera para bumoto (Such instances would deter persons to buy or sell votes).”

The directive was issued by Guevarra after the Commission on Elections (Comelec) announced the creation of a multi-agency Task Force Kontra Bigay. The task force includes the DOJ.

Guevarra also said: “Ito naman ay hindi napakahabang panahon kaya bibigyan yan ng priority attention ng Department of Justice, meaning to say, preferential attention will be given (Since the election period is short, the DOJ will give preferential treatment to cases concerning vote buying).”

Aside from the NBI, Guevarra said he has also instructed the DOJ’s Prosecution Service (NPS) chief, Prosecutor General Benedicto A. Malcontento, Public Attorney’s Office (PAO) Chief Persida V. Rueda-Acosta, and the DOJ Action Center (DOJAC).

He said he directed Malcontento to “unahin ang mga kaso o mga complaints na may kinalaman sa vote buying (prioritize cases or complaints involving vote buying).”

“Kung may makita and DOJ prosecutors na merong probable cause, na merong violation ng Omnibus Election Code that an election offense has been committed then ang gagawin ng DOJ ay ipa-file naman yan sa regional trial court na siyang may jurisdiction sa mga election offenses (If DOJ prosecutors find probable cause that an election offense has been committed in violation of the Omnibus Election Code, then a case will be filed before the regional trial court which has jurisdiction),” he explained.

To PAO, Guevarra said he said he told Acosta “na ang mga field offices ng PAO ay tulungan ang mga tao na mangangailangan ng assistance para sa pagpa-file ng complaint (that the PAO field offices should provide assistance to persons in the filing of complaints).”

“Yung mga DOJ Action Centers sa mga various regions ay imo-mobilize din namin para tumanggap ng mga kaukulang reklamo against vote buying at yan naman ay ire-refer ng Action Center ng DOJ sa tamang ahensya (The DOJAC centers in various regions will be mobilized to receive complaints on vote buying which will be referred to the appropriate government agency),” he assured.

Meanwhile, Guevarra rallied the public to report instances of vote buying and other violations of the election laws.

“Para sa akin yung mahalaga ay yung pagkilos nung mga tao na nakakakita na meron mga ganitong violations. Ang mahalaga ay mag-file ng complaint (For me what is important is the action taken by the public against such violations. It is important to file a complaint),” he stressed.

He pointed out that the public may even submit evidence anonymously.

“Normally ang gagawin namin diyan ay ire-refer namin yan sa National Bureau of Investigation for case build up (Normally this would be referred to the NBI for case build up),” he said.

“On that basis magsisimula ng sariling investigation ang NBI. Pag nakapag-gather ang NBI ng sufficient evidence ipa-file ngayon yan ng NBI sa Department of Justice para naman ang DOJ prosecutors ang magko-conduct ng preliminary investigation (On that basis, the NBI will conduct its own investigation. Once evidence has been gathered, a complaint will be filed before the DOJ for preliminary investigation),” he said.

With the creation of the multi-agency task force, Guevarra expects the number of complaints and reports on vote buying will increase.

“We are hoping with this task force initiated by the Comelec ay maglakas loob ang mga tao na lumapit doon sa mga kaukulang agencies na members nitong task force para mag-report at magsumbong tungkol sa vote buying (We are hoping that with the Comelec’s creation of the task force people will be able to muster strength and report acts of vote buying),” he said.

He assured that persons tagged in vote buying will be accorded due process.

“Syempre susunod sa principle of due process. Syempre bibigyan din natin ng pagkakataon yung inereklamo na magpaliwanag kaya susunod tayo sa proseso (Of course we will follow the principle of due process. We will give them the opportunity to explain that’s why we will follow the process),” he said.

At the same time, Guevarra explained that there are two elements in vote buying and these are the act of giving money or something of value and the intention which is to induce a voter to vote for or against a candidate.

Thus, he said, it is not only the vote buyer who is held accountable. “Under the Omnibus Election Code yung nanghihingi at tumatanggap at nangangako na boboto or hindi boboto para sa isang tao in consideration of the money or the thing of value na kanyang natanggap ay accountable (Under the Omnibus Election Code, the one asking or receiving money or anything in value in exchange for votes in favor or against a candidate is also accountable),” he said.