Comelec to establish threshold to determine campaign giveaways or vote-buying

The Commission on Elections (Comelec) is looking to establish a "ceiling" on which "electoral propaganda gadgets" can be considered as vote-buying.

Comelec Chairman Sixto Brillantes will bring up the matter before the en banc meeting next week to determine which are campaign giveaways and which constitute to vote-buying.

"In a sense, it becomes vote-buying if it reaches a certain amount – kaya I am going to take it up next Tuesday and maybe we can come up with a threshold," said

He explained they are confronted with such problem after the provision of the Omnibus Election Code prohibiting the giving away of things has already been repealed by the Fair Election Act or Republic Act 9006.

Section 85 of the Omnibus Election Code provides that it is unlawful to purchase, manufacture, request, distribute or accept electoral propaganda gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and others.

The statement was issued after reports revealed that a candidate for councilor in Valenzuela City, Martell Soledad of the United Nationalist Alliance (UNA), gave away cell phones to those attending their campaign rally over the weekend.

Last week, UNA also accused the administration-allied Kaya Natin Movement of vote-buying after they distributed Mercury Drug and National Bookstore gift certificates worth P500 and P1,000 in Quezon City.

With this, Brillantes urged concerned parties to file complaints before the poll body since there is still no "price ceiling" on giveaways.

He noted that a non-political party, non-candidate, such as Kaya Natin, can be charged of vote-buying.

"Vote-buying is not limited to candidates and political parties. It covers anybody, including supporters, if the purpose is really to influence one or the other," he added.

The Omnibus Election Code defines vote-buying as "giving, offering or promising money or anything of value directly or indirectly, in order to induce anyone or the public in general to vote for or against any candidate." (PNA)