Comelec Authorizes Arrests Without Warrants for Election Offenses

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In a significant move to safeguard the integrity of elections, the Commission on Elections (Comelec) has approved the execution of warrantless arrests for individuals involved in vote-buying, vote-selling, and the abuse of state resources during electoral events. This decision was formalized through Resolution 11104, which was officially released on January 28 and announced to the public on Monday. The resolution empowers law enforcement officers to arrest offenders caught in the act of these election-related crimes without the need for a warrant. Once arrested, individuals are to be promptly taken to the nearest police station or jail for further legal proceedings. Additionally, any materials used in these offenses, such as money, goods, sample ballots, and campaign materials, are to be seized and documented by the arresting officer. The documentation process includes a physical inventory, photography, and marking of the seized items, which must be done in the presence of the arrested individual and any available witnesses. The handling and custody of these items from seizure to their presentation in court must be meticulously recorded in compliance with existing legal standards. The Omnibus Election Code outlines vote buying as the act of offering money or valuables to influence voting decisions, while vote selling involves accepting such offers in exchange for votes. The abuse of state resources (ASR) is defined as the exploitation of government assets for electoral gain, encompassing a range of resources from material to legislative.