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Ayuda or vote-buying? Comelec can use 'totality' rule

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ABS-CBN News

<p>Another day, another video of money changing hands during a campaign rally ahead of the May elections. </p><p>On Thursday attendees of a campaign rally in Laguna were caught on video receiving envelopes containing cash, which the governor said are regular allowances. The rally was for vice presidential candidate Sara Duterte, running-mate of Ferdinand Marcos Jr. who was absent in the event.</p><blockquote class="twitter-tweet"><p dir="ltr" lang="en">WATCH: Envelopes with cash were seen being distributed to some attendees after a sortie by VP candidate Davao city Mayor Sara Duterte in Laguna earlier <a href="https://twitter.com/hashtag/Halalan2022?src=hash&amp;ref_src=twsrc%5Etfw">#Halalan2022</a> <a href="https://t.co/dWpdQIlcos">pic.twitter.com/dWpdQIlcos</a></p>— Zandro Ochona (@ZandroDZMM) <a href="https://twitter.com/ZandroDZMM/status/1506911311237885952?ref_src=twsrc%5Etfw">March 24, 2022</a></blockquote><div><script async="" src="https://platform.twitter.com/widgets.js" charSet="utf-8" type="text/javascript"></script></div><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/24/22/attendees-of-sara-sortie-in-laguna-seen-receiving-envelopes">Sara sortie attendees in Laguna get envelopes; gov explains</a></li></ul><p>Last March 15, videos circulated on social media of people receiving envelopes with P500 cash after attending a campaign rally of Bongbong Marcos in Nueva Ecija. </p><p>Nueva Ecija Governor Aurelio Umali said the envelopes of cash were &quot;ayuda&quot; and that the distribution was already scheduled on that day. </p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/16/22/comelec-to-wait-for-complainant-on-alleged-cash-distribution-in-marcos-sortie">No motu proprio action: Comelec &#x27;to wait&#x27; for complainant on alleged cash distribution in Marcos sortie</a></li>	<li><a href="https://news.abs-cbn.com/news/03/16/22/comelec-exec-to-raise-before-en-banc-alleged-payout-incident-in-marcos-sortie">Comelec exec to raise before en banc alleged payout incident in Marcos sortie</a></li></ul><p>Under the Omnibus Election Code, giving, offering, or promising &quot;money or anything of value... in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election&quot; is prohibited. </p><p>The Commission on Elections earlier said giving money as a form of &#x27;ayuda&#x27; (assistance) or the raffles by candidates is prohibited once the campaign period for the polls starts. </p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/22/22/remulla-gives-away-cash-prizes-during-marcos-duterte-rally">Cavite Gov. Remulla gives away cash prizes during Marcos-Duterte rally</a></li></ul><figure class="op-interactive"><iframe __idm_id__="1122305" allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=1972599" width="100%"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><p>Speaking to ABS-CBN&#x27;s TeleRadyo, Comelec Commissioner George Garcia said giving ayuda during the campaign period does not automatically mean that it is vote-buying especially if the poll body issues a certificate of exemption to give out ayuda or relief goods to the official.</p><p>&quot;However, if it is not related to the regular service of local government then we can investigate because it is illegal without permission of Comelec,&quot; he said in Filipino. </p><p>Garcia said Comelec can also use the &quot;totality rule&quot; in determining if the giving away of cash during the campaign is vote-buying. He cited as an example if a poor person is always asking for alms and is always given money, then there is a question if the candidate giving the money is committing vote-buying. </p><p>&quot;Kung yung isang kandidato naman ay basta na lamang namigay nang kahit na sino at pagkatapos ay meron pang bulong &#x27;Ako ay iboto ninyo&#x27; o kaya yung kanyang ipinamimigay ay meron mismong mukha niya o pangalan niya o numero niya, eh ibang usapan na po iyon,&quot;he said. </p><p>The poll commissioner said that while Comelec can motu proprio investigate alleged vote-buying incidents, the poll body can also act if a formal complaint is filed especially if the person was there during the distribution of the money. </p><p>He added Comelec can decide on a disqualification case even after the elections. </p><p>&quot;If someone files a disqualification case for violating the Omnibus Election Code...if the Comelec decides we can remove that person even if the person is already seated,&quot; he said. </p>

Another day, another video of money changing hands during a campaign rally ahead of the May elections. 