Comelec: Warrantless arrest OK for vote buying, selling

Those found engaging in vote buying or abusing state resources face warrantless arrest, the Commission on Elections (Comelec) declared in a resolution yesterday.

- By MAYEN JAYMALIN

"All other arrests without warrant as provided in Rule 113 of the Revised Rules of Criminal Procedure shall be applicable and valid in relation to these rules," the Comelec said in its resolution.

A person arrested without a warrant shall be taken to the nearest police station to undergo criminal proceedings.

Comelec said the money or any other goods of value, sample ballots and any other campaign materials used for vote-buying and vote-selling shall be immediately seized and taken into custody by the apprehending law enforcement officer.

The movement of seized items from the time of confiscation up to the submission to the investigating officer shall be properly recorded, the Comelec resolution stated.

However, the Comelec reminded all law enforcement agencies that all those warrantless arrests and procedures must be conducted in accordance with the Constitution and applicable laws.

"Any arresting officer of the AFP, PNP, NBI or other law enforcement agencies or personnel of the Commission, who shall take advantage of the provisions of these rules or give unwarranted benefits to a certain candidate or political party, shall be administratively and criminally liable in accordance with existing laws, rules and regulations," the commission pointed out.

Not from the opposition Meanwhile, Comelec Chairman George Garcia said he is against having opposition figures appointed to the posts to be vacated by two retiring commissioners, as suggested by veteran election lawyer Romulo Macalintal.