Comelec junks vote buying raps vs Rama, Delos Santos

CEBU, Philippines - The Commission on Elections en banc has dismissed for lack of probable cause the complaint for alleged vote buying against Cebu City Mayor Michael Rama and Councilor Mary Ann Delos Santos.

The Comelec law division found no sufficient evidence to prove the allegations that Rama and Delos Santos committed an illegal act when they campaigned for Team Rama candidates during the distribution of scholarship certificates to beneficiaries of the city’s scholarship program in April 2013.

Regional election attorney Enerio Ocariza, who was designated to conduct the preliminary investigation, said the presence of the two officials during the said activity does not constitute vote buying.

“There is no vote buying in the instant case. The distribution of scholarship vouchers in Lahug Elementary School is an annual activity of the city government and is an implementation of City Ordinance 2333,” Ocariza ruled.

He added that there was also no evidence to support that the scholarship certificates were given in exchange of votes.  The poll body ruled that the respondents attended in the event in the performance of their “official duties.”

“Campaigning during official public functions within the campaign period is not the issue at bar. Even if it were, such action is not the subject of an election offense and therefore not within the jurisdiction of this Commission. Also, whether respondents attended the annual event to advance their bid for re-election is speculative and again could not be the subject of an election offense,” the resolution read.

Jenalyn Didal, Marilyn Albarracin, and Edna Albarracin filed the complaint against Rama and Delos Santos alleging that the officials’ presence during the distribution of the scholarship certificates could be considered vote buying.

According to them, they were at the gymnasium of Lahug Elementary School on April 3, 2013 for the said activity. Before the distribution, Rama and Delos Santos were allowed to speak and campaigned for the candidates of Team Rama.

Delos Santos, who was then an official of Barangay Lahug, was also one of the candidates under Team Rama.

Rama and Delos Santos said that their promoting the candidates of Team Rama during the activity was not prohibited under the Omnibus Election Code.

The respondents added that the distribution of scholarship certificates has been a yearly program of the city government and not just for the election. — /FPL (FREEMAN)