Comelec to implement money, 'ayuda' ban to curb vote buying, selling for BSKE

The Commission on Elections (Comelec) announced Tuesday, Aug. 22, that it is set to implement a money ban and a total ban on the distribution of "ayuda" and other assistance in relation to the upcoming Barangay and Sangguniang Kabataan Elections (BSKE) on Oct. 30.

Committee on Kontra-Bigay (CKB) Secretary Glinis Tamondong discussed the the two as well as other anti-vote buying and vote selling measures during the Briefing and Security Command Conference for BSKE 2023 held at Camp Crame in Quezon City. 

As for the money ban, Tamondong explained that it will be in effect during the period of five days before an election and on election day. 

"it is prohibited to possess, transport and/or carry cash exceeding P500,000 or its equivalent in any foreign currency", she said.

"All Comelec checkpoints all over the Philippines are directed to conduct a 24-hour money ban checkpoint, in addition to the gun ban checkpoint, for the duration of the period herein stated," she added.

Yet there are persons who are exempted from the money ban. These are those who by nature of their duty, profession, business or occupation as cashiers or disbursing officers, transport or carry cash exceeding P500,000 or its equivalent in any foreign currency.

Tamondong mentioned that they must be in the actual performance of their duties involving the transport of money or disbursement of payrolls. They should also have with them a Certificate of Employment (COE) stating that he/she is currently employed as a cashier or disbursing officer and a company or office-issued identification card showing his/her photograph, designation, and signature.

Commissioner Ernesto Maceda, Jr. has mentioned that before, they tried to prohibit large withdrawals of cash but it was questioned by the Supreme Court (SC). 

Comelec is also set to implement a total ban on the distribution of "ayuda" and other assistance during the campaign period, on the day before the elections, and on election day.

"It is prohibited to give, distribute, and receive any assistance or "ayuda" except those which are normally given to qualified individuals such as but not limited to basic needs in the form of food, transportation, medical, education, burial, and such other similar assistance," Tamondong said.

She also disclosed acts that constitute suspicious transactions of vote-buying and vote-selling. 

"Any unusual transaction flow between accounts during the election period, unusual large cash withdrawals, encashment of checks with no underlying legal/trade obligation, purpose or economic justification, or the amount involved is not commensurate with the business of financial profile of the client," she added.

Acts presumed as vote buying, selling

According to Tamondong, Comelec has listed several acts that will be presumed as vote buying and vote selling.

Comelec said that possessing or delivery of any coins, notes, monies, cards, pay envelopes, bags, groceries, tokens or
anything of value, together with sample ballots or other campaign materials in favor of or against a candidate will be presumed as vote buying and vote selling.

Also, offering or promising something of value in consideration for someone's vote; long lines or queues of registered voters/persons for the distribution of money, discount, insurance or health cards, grocery items, and such other goods, intended to be used to induce the persons to vote for or against any candidate or withhold their votes 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 will be presumed as vote buying and vote selling.

Comelec also mentioned that house-to-house election campaign which involves the giving of money, discount cards, grocery items, and such other goods, to induce the household or the occupants to vote for or against any candidate or withhold their votes 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 will be presumed as vote buying and vote selling.

Holding of bingo games, talent shows or other similar activities that involves the distribution of prizes by the candidates or their supporters or by any person in which the names of the candidates are mentioned, or those conducted in a place where the names or the pictures of the candidates are displayed or visible will be presumed as vote buying and vote selling.

Employing the "hakot" system or the gathering of two or more registered voters to a specific place before election day and on election day, for the purpose of distributing money or anything of value and/or sample filled-out ballots will be presumed as vote buying and vote selling.

Possessing, transporting, and/or carrying cash exceeding P500,000 or its equivalent in any foreign currency during the period of five days before an election and on election day, except those authorized persons will be presumed as vote buying and vote selling.

Causing the splitting of the amount of at least P20,000.00 to smaller denominations of P100, P50, or P20, during the period of five days before election day and on election day, except when necessary to or in connection with the occupation or business of the possessor will be presumed as vote buying and vote selling.

Conducting medical missions, legal aid services, feeding programs or any caravan offering any or all of these services in a certain barangay or locality, in which the names of the candidates are mentioned, or those conducted in a place where the name or picture of a candidate is visible or displayed will be presumed as vote buying and vote selling.

Giving, distributing, and receiving any assistance or "ayuda" except those which are normally given to qualified individuals such as but not limited to basic needs in the form of food, transportation, medical, education, burial, and such other similar assistance, during the campaign period, day before election day and election day will be presumed as vote buying and vote selling.

Hiring or appointing of more than two watchers per precinct per candidate, who shall serve alternately will be presumed as vote buying and vote selling will be presumed as vote buying and vote selling.

Possessing on election day, of indelible ink or any chemical that may remove indelible ink such as but not limited to acetone, nail polish remover or paint thinner, except when necessary to the occupation of the possessor and those authorized by the Commission will be presumed as vote buying and vote selling.

Possessing of blank original ballots during election day, except those authorized by the Commission will be presumed as vote buying and vote selling.

In his speech, Comelec Chairman George Erwin Garcia stated that there are no presumptions mentioned in section 261 of the Omnibus Election Code (OEC) which indicates the prohibited acts that will render someone guilty of an election offense.

"So the Comelec is not prohibited from coming up with Implement Rules and Regulations," he explained.

"Presumed to be involved in vote buying. Presumption lang naman eh, o 'di bahala ka magdefend sa sarili mo...pero at least ma-warrant of arrest ka lang namin (It's just a presumption, you can defend yourself...but at least we can issue a warrant of arrest against you)," Garcia stated.