The Philippine Commission on Elections (Comelec) has recently authorized law enforcement to conduct arrests without warrants for individuals involved in vote-buying, vote-selling, and the misuse of state resources during elections. This decision was outlined in Resolution 11104, which was officially released on January 28 and made public on Monday. According to the resolution, any law enforcement officer can arrest someone on the spot if they witness the person committing, attempting to commit, or having just committed these election-related offenses. The arrested individual must then be promptly taken to the nearest police station or jail for further legal proceedings. Additionally, any materials involved in these offenses, such as money, goods, sample ballots, and campaign materials, will be seized and documented by the arresting officer. The documentation process includes taking an inventory, photographing, and marking the items at the arrest location or the nearest police station, in the presence of the arrested person and any available witnesses. The handling and custody of these seized items must be meticulously recorded from the moment of seizure through to their presentation in court as evidence, adhering to existing legal standards. The Omnibus Election Code defines vote buying as the act of offering money or valuables to influence voting, while vote selling involves soliciting or accepting payments in exchange for votes. The misuse of state resources, or ASR, includes the exploitation of government assets for electoral gain, encompassing material, human, coercive, regulatory, budgetary, media, and legislative resources.
Philippine Election Commission Approves Arrests Without Warrants for Election Offenses
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