BACOLOD CITY – The prosecutor’s office has dismissed a vote-buying complaint against a 36-year-old man in Bacong, Negros Oriental, according to Commission on Elections-Negros Island Region (Comelec-NIR) Assistant Regional Director Jossil Macute.
Macute explained that the case was dropped due to a warrantless search that failed to meet the “plain view” doctrine.
The suspect, identified as Romnick from Barangay Combado, Bacong, was flagged down by police in Barangay Lutao for not wearing a helmet while riding a motorcycle on Saturday, May 10, two days before the election.
He was asked for his driver’s license and vehicle documents and Romnick voluntarily opened the motorcycle’s U-box.
However, police found 48 long white envelopes – 39 containing P900 each, totaling P35,100, and nine others with only sample ballots.
Macute said that the discovery did not qualify as a plain view seizure and was therefore inadmissible.
Despite the dismissal, the case will be forwarded to Comelec main law department for further review.
Only the Comelec main law department has the authority to pursue charges if deemed appropriate, Macute said.
“We have a co-equal jurisdiction with the fiscal,” he added.
Macute also said that the confiscated materials were handed over to the Comelec and the suspect has been released from police custody.
He also advised the public to raise their election-related concern in a formal manner.
“People want change, everybody wants change, but nobody would like to make the first move to change,” Macute said, referring to individuals who are hesitant to execute a formal affidavit for a proper investigation.
Macute said that if Comelec would only base their probe on photos, it would be treated by the court as hearsay.
He said that it would be a waste of effort for them to pursue a complaint that will only be dismissed by the court due to lack of evidence.
“Somebody has to make an effort,” he said, adding that the Comelec cannot do it alone and needs the support of the community.
Meanwhile, 32 people, including a 17-year-old minor, were apprehended for violating the liquor ban here.
Police said the oldest among those arrested was 69 and the youngest was 17.
They were from Himamaylan City, Cadiz City, and Cauayan town in Negros Occidental, Antipolo City, Batangas City, and Barangays Mansilingan and Alijis in this city.
The liquor ban aims to aims to maintain peace and order during Election Day.
Police said those caught may face legal consequences under current election laws, which may include fines and imprisonment.
All suspects were turned over to Police Station 7.