Comelec amends 'money ban' provisions

The Commission on Elections has softened on the implementation of "money ban" after amending some its provisions.

In its Supplemental Resolution, the commission en banc allowed withdrawals beyond P100,000, on condition that banks can determine it as being "routine and regular".

"The Commission resolves to exempt withdrawals, which to the determination of the bank, are routine, regular and made in the ordinary course of business of the withdrawing client," the Comelec said.

The resolution added that the banks may use the "Know-Your-Client/Customer" policy of the Bangko Sentral ng Pilipinas that requires banks "not only to establish the identity of their clients but also to have background knowledge of their normal business transactions".

Based on Comelec Resolution 9688, the commission is prohibiting the withdrawal of cash, encashment of checks and conversion of any monetary instrument into cash from May 8 to 13 exceeding P100,000 or its equivalent in any foreign currency, per day.

In the original resolution, the poll body only exempt government agencies and instrumentalities, as well as private persons and entities if there is valid and exigent ground.

On the other hand, the prohibition on the transportation and/or carrying of cash exceeding P500,000, the Comelec said they may allow it but it should be justified.

"The possession, transportation and/or carrying of cash exceeding P500,000 or its equivalent in any foreign currency from May 8 to 13, shall be presumed for the purpose of vote-buying and electoral fraud when the same is without tenable justification or whenever attended by a genuine reason," said the resolution.

In its initial order, the commission said it is "prohibited" to possess, transport, carry cash exceeding P500,000 from May 8 to 13 as this will be presumed to be for the purpose of vote-buying and electoral fraud.

However, the Comelec reiterated that a 24-hour money ban checkpoint must be implemented.

It added a "warrantless search" can be done if it involves moving vehicles having the amount appearing, in plain view, to exceed the limit; the vehicle is neither searched nor its occupant/s subjected to a body search, and the inspection of the vehicle is merely limited to a visual search; when the occupant/s of the vehicle appear to be nervous or suspicious or exhibit unnatural reaction; if the officer conducting the search has reasonable or probable cause to believe that either the occupant/s is a law offender or that the instrumentality or evidence pertaining to the commission of a crime can be found in the vehicle to be searched; or, on the basis of prior confidential information, that are reasonably corroborated by other attendant matters.

Brillantes said for the penalty they will just refer to the Omnibus Election Code.

Vote-buying, which is considered as an election offense by the Omnibus Elections Code, is defined 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".

An election offense carries a penalty of one to six years imprisonment, removal of right to vote, and disqualification from running for public office. (PNA)