Petitioners alleged that respondents committed vote-buying, an election offense, under Section 261(a)(1) of Batas Pambansa Blg. (BP) 881, or the Omnibus Election Code. The said provision states:
Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:
(a) Vote-buying and vote-selling. - (1) Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.
The offense of vote-buying is defined in Section 261(a)(1). The offender commits one of these acts: (1) gives, offers or promises money or anything of value; (2) gives or promises any office or employment, franchise or grant, public or private; (3) makes or offers to make an expenditure, directly or indirectly; and (4) cause an expenditure to be made to any person, association, corporation, entity, or community. It is imperative for the prosecution of the offenses of vote-buying to show intent: (1) to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or (2) to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.
The procedure for the initiation of the prosecution of the election offense of vote-buying, along with the offense of vote-selling, is prescribed in Section 28 of Republic Act No. (RA) 6646,34 or The Electoral Reforms Law of 1987 (Electoral Re-forms Law).
Sec. 28. Prosecution of Vote-buying and Vote-selling. - The presentation of a complaint for violations of paragraph (a) or (b) of Section 261 of Batas Pambansa Big. 881 supported by affidavits of complaining witnesses attesting to the offer or promise by or of the voter's acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate, shall be sufficient basis for an investigation to be immediately conducted by the Commission, directly or through its duly authorized legal officers, under Section 68 or Section 265 of said Batas Pambansa Blg. 881.
Proof that at least one voter in different precincts representing at least twenty percent (20%) of the total precincts in any municipality, city or province has been offered, promised or given money, valuable consideration or other expenditure by a candidates relatives, leaders and/or sympathizers for the purpose of promoting the election of such candidate, shall constitute a disputable presumption of a conspiracy under paragraph (b) of Section 261 of Batas Pambansa Blg. 881.
Where such proof affects at least twenty percent (20%) of the precints of the municipality, city or province to which the public office aspired for by the favored candidate relates, the same shall constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned, in the conspiracy.
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and conspirator referred to in paragraphs (a) and (b) of Section 261 of Batas Pambansa Blg. 881 shall be liable as principals: Provided, That any person, otherwise guilty under said paragraphs who voluntarily gives information and willingly testifies on any violation thereof in any official investigation or proceeding shall be exempt from prosecution and punishment for the offenses with reference to which his information and testimony were given: Provided, further, That nothing herein shall exempt such person from criminal prosecution for perjury or false testimony.
Section 4 of Rule 34 of the COMELEC Rules of Procedure prescribes the form of the complaint and where to file it.£A⩊phi£
Sec. 4. Form of Complaint and Where to File. - (a) When not initiated motu proprio by the Commission, the complaint must be verified and supported by affidavits and/or any other evidence. Motu proprio complaints may be signed by the Chairman of the Commission, or the Director of the Law Department upon direction of the Chairman, and need not be verified;
(b) The complaint shall be filed with the Law Department of the Commission; or with the offices of the Election Registrars, Provincial Election Supervisors or Regional Election Directors, or the State Prosecutor, Provincial Fiscal or City Fiscal. If filed with any of the latter three (3) officials, investigation thereof may be delegated to any of their assistants.
(c) If filed with the Regional Election Directors or Provincial Election Supervisors, said officials shall immediately furnish the Director of the Law Department a copy of the complaint and the supporting documents, and inform the latter of the action taken thereon.
The COMELEC En Banc is correct in decreeing that petitioners' Complaint Affidavit, as filed, is insufficient to sustain their allegations of vote-buying under Section 261(a)(1) of the Omnibus Election Code. It is not "supported by affidavits of complaining witnesses attesting to the offer or promise by or of the voter's acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate" as required under Section 28 of the Electoral Reforms Law. The absence of supporting affidavits shows the frailty of petitioners' Complaint Affidavit and makes it vulnerable to dismissal.35 Submission of self-serving statements, uncorroborated audio and visual recordings, and photographs are not considered as direct, strong, convincing and indubitable evidence.36 Indeed, a complaint, such as that filed by petitioners, must be dismissed for insufficiency of evidence.
The importance of supporting affidavits is further underscored by the first paragraph37 of Section 28 of the Electoral Reforms Law. To comply with its mandate to investigate and prosecute those committing offenses under Section 261(a) of the 0mnibus Election Code, the last paragraph of Section 28 of the Electoral Reforms Law vests the COMELEC with the authority to give, transactional immunity to those who voluntarily give information and willingly testify in any official proceeding for the offenses with reference to which his information and testimony were given.38 This grant of immunity is meant to encourage the recipient (or vote-seller) to come into the open and denounce the culprit-candidate (or vote-buyer) and to ensure the successful prosecution of the criminal case against the latter.39
x x x The immunity statute seeks a rational accommodation between the imperatives of the privilege against self-incrimination and the legitimate demands of government to encourage citizens, including law violators themselves, to testify against law violators. The statute operates as a complete pardon for the offenses to which the information was given. The execution of those statutes reflects the importance of the testimony therefor, and the fact that many offenses are of such character that the only persons capable of giving useful testimony are those implicated in the crimes. Indeed, their origins were in the context of such offenses and their primary use has been to investigate and prosecute such offenses. Immunity from suit is the only consequence flowing from a violation of one's constitutional right to be protected from unreasonable search and seizure, his right to counsel and his right not to he coerced into confessing. By voluntarily offering to give information on violations of Section 261 (a) and (b) and testify against the culprits, one opens himself to investigation and prosecution if he himself is a party to any violation of the law. In exchange for his testimony, the law gives him immunity from investigation and prosecution for any offense in Section 261 (a) and (b) with reference to which his information is given. He is, therefore, assured that his testimony cannot be used by the prosecutors and any authorities in any respect, and that his testimony cannot lead to the infliction of criminal pena1ties on him. The testimony of a voluntary witness in accord with his sworn statement operates as a pardon, for the criminal charges to which it relates.
It bears stressing that one may voluntarily give information on violations of Section 261 (a) and (b) and execute an affidavit before a complaint is filed with the [COMELEC], or any provincial or city prosecutor. This may he done even during the preliminary investigation or even after an Information is filed, on the condition that his testimony must be in.accord with or based on his affidavit. If such witness later refuses to testify or testifies but contrary. to his affidavit, he loses his immunity from suit, and may be prosecuted for violations of Section 261(a) and (b) of the Omnibus Election Code, perjury under Article 183 of the Revised Penal Code, or false testimony under Article 180 of the same Code.
The power to grant exemptions is vested solely on the [COMELEC]. This power is concomitant with its authority to enforce election laws, investigate election offenses and prosecute those committing the same. The exercise of such power should not be interfered with by the trial court. Neither may this Court interfere with the [COMELEC's] exercise of its discretion in denying or granting exemptions under the law, unless the petitioner commits a grave abuse of its discretion amounting to excess or lack of jurisdiction.40
It requires more than a mere tenuous deduction to prove the offense of vote-buying. There must be concrete and direct evidence or, at least, strong circumstantial evidence to support the charge of vote-buying.41 In Lozano v. Yorac,42 We decreed that the physical presence of a mayoralty candidate during the distribution of the local government's Christmas gifts did not necessarily make the candidate the giver of said gifts. Complainant's witnesses even confirmed that the gift packages clearly indicated that the local government was the giver.43
In similar manner, petitioners' allegation that respondents Belmonte, Sotto, and Delarmente were present when respondent Revillame gave cash to certain persons in the audience hastily concludes that the former were the givers. Revillame presented the affidavits of five recipients of his gifts. One recipient was a resident of Antipolo City and cannot be influenced to vote for Belmonte Sotto, and Delarmente, who were all candidates for positions in Quezon City. All these affiants-recipients stated that Revillame did not ask them whether they were registered Quezon City voters. What mattered to Revillame was their attendance in the program. They were also unanimous in stating that Revillame, not respondents Belmonte, Sotto, and Delarmente, was the benevolent source of their gifts. That respondents were able to present the affidavits from the recipients of Revillame's gifts starkly contrasts with petitioners' lack of supporting evidence for their allegations.
The testimonies of the alleged vote-sellers are also invaluable in proving the intent of the vote-buyer. Section 261(a) of the Omnibus Election Code explicitly states that intent an element the offenses of vote-buying and vote-selling. That the Omnibus Election Code is a special law does not necessarily mean that it is needless to prove intent. We agree with the COMELEC En Banc that vote-buying is inherently immoral as it destroys the sanctity of votes and prostitutes the election process.44
An act prohibited by a special law does not automatically make it malum prohibitum. "When the acts complained of are inherently immoral, they are deemed mala in se, even if they are punished by a special law." The bench and bar must rid themselves of the common misconception that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special laws. The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act.45
Notwithstanding our limited power to review the COMELEC's findings of fact, We deem that the distinction between the miting de avance. and the entertainment program was unnecessary for determining respondents' liability for vote-buying. Section 261(a)(1) of the Omnibus Election Code does not require that the offense be made during a political activity such as a miting de avance. This, provided that all the elements of the offense are present, there is no escape from liability even if the vote buying was done at a distance, whether in terms of time or of physical space, from a political activity.
WHEREFORE, the present petition is DISMISSED. Resolution No. 10625 dated 14 November 2019 and Minute Resolution No. 02-0268-14 of the Commission on Elections En Banc in E.O. Case No. 19-199 are AFFIRMED.
SO ORDERED."
EN BANC
[ G.R. No. 255509. January 10, 2023 ]
EDWIN D. RODRIGUEZ AND MICHAEL T. DEFENSOR, PETITIONERS, VS. COMMISSION ON ELECTIONS, MARIA JOSEFINA G. BELMONTE, GIAN CARLO G. SOTTO, WILFREDO B. REVILLAME, AND ELIZABETH A. DELARMENTE, RESPONDENTS.
https://lawphil.net/judjuris/juri2023/jan2023/gr_255509_2023.html
