GD Law Tackles Vote-Buying and State Resource Abuse for #Halalan2025 with Caloocan Barangay Officials

With the issuance of Comelec Resolution No. 11104, the Commission on Elections (COMELEC) has significantly strengthened its regulations against vote buying, vote selling, and the Abuse of State Resources (ASR). The resolution, particularly known as "Kontra-Bigay," aims to ensure a fair and clean electoral process in the upcoming May 12, 2025 elections. Particularly, the resolution defined these acts and provided guidelines for their prosecution.

In line with this, our founder and co-managing partner, Atty. Hue Jyro Go, took the opportunity to address this resolution before the barangay officials of Caloocan City on April 4, 2025 at Buena Park Clubhouse, Caloocan.

Atty. Go provided an in-depth discussion on the new rules and emphasized the crucial role of public officials and employees in preventing electoral malpractice.

Highlighted in his talk is the application of the resolution to all individuals - including public officials and employees. It is noteworthy that vote-buying and vote-selling are not limited to the commonly known practice of giving money. Rather, activities such as: promising something of value in exchange for votes, holding medical missions, feeding programs, or aid distribution tied to candidates; carrying large amounts of cash (over ₱500,000) with campaign materials during the period of 2 days before an election and on election day; splitting large sums of money into smaller denominations before elections; and providing financial aid ("ayuda") in connection with a candidate, are presumed vote-buying and vote-selling.

The Resolution also defined Abuse of State Resources or ASR as the misuse of government resources, whether material, human, coercive, regulatory, budgetary, media-related, or legislative, for electoral advantage. These acts are likewise prohibited with certain exceptions.

Emphasized by Atty. Go is the prevalent practice of using basketball courts, Brgy. Halls, barangay vehicles, and the official social media platforms by barangay officials in favor of candidates. The abuse of these resources is committed when they are utilized to further the political aspirations of candidates for their campaigns. Storing and carrying campaign materials through these resources is among them.

Atty. Go reminded the barangay officials that their office is one of public trust. It is not a property right. They may be removed for causes authorized by law which includes violations of this resolution as grounds for removal.

Reports or complaints on vote-buying, vote-selling and ASR may be filed by any citizen of the Philippines, political party, any accredited citizens arm of the Commission, and by the Commission itself motu proprio. Moreover, an offender may now be arrested without a warrant if there is reasonable ground to believe that the prohibited acts aforementioned have been committed. Complaints must be submitted in writing through in-person, email at committee.kontrabigay@comelec.gov.ph or official Facebook.

Lastly, violating the prohibited acts under Comelec Resolution 11104 can result in imprisonment for one to six years, among other penalties.