It seems that the present Commission on Elections is not running out of ideas on how to effect reforms.
It is not “sleeping on their post” as sentinels used to say. It continues to pursue changes in the electoral landscape unmindful of negative social and political headwinds. I just wrote about its speedy action of placing Malabang, Lanao del Sur under Comelec control because of the indiscriminate firing of guns on the first day of filing of certificates of candidacy. Now, it’s tackling the mother of election irregularities — vote buying and vote selling.
This illegal practice is anti-democratic. It continues to be the bane of elections. It restricts one’s freedom to choose one’s leaders. That it thrives as endemic in a political milieu like the Philippines is a testament to how difficult life is for the common people.
Financial need, especially for those on the margins of society, is so chronic that people are willing to sacrifice their basic freedoms to make ends meet. This is a problem almost beyond solution because of the difficulty of punishing the wrongdoers, both the buyer and seller.
We have laws punishing it but prosecutors can only build a case against a suspect with the participation of at least one of the accomplices to the crime. And who would want to testify against oneself unless immunity is assured? And so, we see a mockery of the law. No one gets jailed for violating it.
The proactive Comelec comes now with a bagful of measures to combat the anomaly. It has created a special group, the Committee on Kontra Bigay, to address the problem and it is helmed by a no-nonsense reformist, Commissioner Ernesto Maceda Jr., the namesake of a great and astute statesman who served the country in various capacities for decades.
I say he is the right choice, not only because of the reputation he has built, but more so because of the weight of the name he carries which he would not want to taint with a whiff of wrongdoing.
The Commission has listed a litany of prohibitive acts associated with vote-buying. It’s too long to list in this limited space. But on top of these are acts and activities “presumed” to be illegal because they lead to the commission of the crime.
These include “possessing or delivery of… monies or anything of value together with sample ballots or other campaign materials… queues of registered voters for the distribution of money… and such other goods… employing the hakot system or the gathering of two or more registered voters in a specific place before election day and on election day …prohibiting the possession… carrying of cash exceeding P500,000 along with campaign paraphernalia two days before an election and on election day… an ‘ayuda’ ban except that which is normally given to qualified individuals…”
It also created the Kontra Bigay Complaint Center which will receive complaints of vote-buying.
For human rights guardians, consider this: the Comelec allows “warrantless arrest wherein any law enforcement officer may, without a warrant, arrest a person when in his or her presence, the person to be arrested has committed, is committing, or is attempting to commit the election offense of vote-buying.”
Wow! A case arising out of these acts is fertile ground for legal hermeneutics. Any two-bit lawyer can find a “palusot” in this scenario. It may be extremely difficult to prove all these by evidence but it’s surely a theoretical force to deter the commission of the crime.
And let it not be said that the present Commission did not lift a finger to combat this perennial problem which everyone talks about but was never addressed by past commissions. For this reason, the present Commission deserves our appreciation for a bold ambitious move.
amb_mac_lanto@yahoo.com