COMELEC planning to allow warrantless arrests in response to acts of buying and selling of votes during the campaign period

In what seems to be an intention to ensure election integrity, the Commission on Elections (COMELEC) expressed that it is planning to allow warrantless arrest of persons who are caught buying or selling votes specifically during the campaign period, according to a GMA Network news report. Take note that this is related to the upcoming Barangay and Sangguniang Kabataan Elections (BSKE).

To put things in perspective, posted below is an excerpt from the GMA Network news report. Some parts in boldface…

The Commision on Elections (Comelec) on Tuesday said it is planning to allow warrantless arrest for those who will be caught in the act of buying or selling votes during the campaign period.

In a press conference, Comelec chairperson George Garcia said the commission will issue new guidelines for the barangay and Sangguniang Kabataan elections (BSKE), which is set on October 30.

“Sa ilalabas naming guidelines bilang pahapyaw lang po, papayagan natin silang mag-aresto especially kung yung tao ay caught in flagrante or caught in the act. Dati wala po yun. Ngayon, i-authorize po namin siya with full backing of the Comelec because it is our belief that under our Constitution warrantless arrest is allowed,” said Garcia.

(In the guidelines that we will issue, we will allow the PNP to arrest if the person is caught in the act. We will authorize that now with full backing of the Comelec because it is our belief that under our Constitution warrantless arrest is allowed.)

Garcia said that the basis of the previous prohibition of arrest during the campaign period was the 1985 omnibus election code.

But under the 1987 Constitution, Garcia said warrantless arrest is allowed in cases of flagrante delicto or being caught in the act.

He pointed out that if there is a contradiction between existing law and the Constitution, the Constitution will be followed.

Let me end this piece by asking you readers: What is your reaction to this recent development? Do you think this newest move by the COMELEC makes sense as far as election integrity is concerned? Do you think warrantless arrests will make a major dent against the buying and selling of votes during the campaign period?

You may answer in the comments below. If you prefer to answer privately, you may do so by sending me a direct message online.

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