Supreme Court OKs immunity for witnesses in vote-buying cases

Vote-buying candidates, beware.

Voters who have sold their votes may now be granted immunity from suit if they agree to testify against political candidates who paid them.

In an en banc resolution written by Chief Justice Hilario Davide Jr., the High Court granted the petition of the Commission on Elections (Comelec) to dismiss the criminal cases against vote-sellers who have agreed to testify against a mayoralty candidate in Imus, Cavite.

The Supreme Court said one of the effective ways to prevent vote-buying and to prosecute those who commit it is to grant vote-sellers immunity from criminal liability.

"This grant of immunity will encourage the recipient or acceptor to come into the open and denounce the culprit-candidate, and will ensure the successful prosecution of the criminal case against the latter," the SC ruling read.

Ruling in favor of the Comelec, the SC said the witnesses are exempt from criminal prosecution for vote selling, in accordance with the last paragraph of Sec. 28 of Republic Act No. 6646, or the Electoral Reforms Law of 1987.

The provision states that any person otherwise guilty of vote buying or vote selling but 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 references to which his information and testimony were given."

The case stemmed from a complaint filed by then mayoralty candidate Florentino Bautista against former mayor Federico Poblete and 10 other men for alleged vote-buying.

Forty-four witnesses voluntarily testified that they were the acceptors or recipients in the vote-buying activities of the accused.

Before the trial could begin, a complaint was filed before the provincial prosecutor against the witnesses who accused Poblete and 10 others of vote buying.

The prosecutor resolved to file charges of vote selling against the witnesses.

In June 2000, the witnesses appealed the prosecutor’s resolution to the Comelec, which nullified it, saying that the witnesses were immune from suits for vote-selling.

The Comelec’s law department filed a motion to dismiss the criminal cases against the witnesses pending before Imus Regional Trial Court (RTC) Branch 29.

The RTC denied the motion, saying it was premature to exempt witnesses from criminal prosecution since they have yet to testify or voluntarily give information in the vote-buying case.

The Comelec then elevated the matter to the SC, which said the witnesses had already executed sworn statements to the Comelec and in fact testified in court about Poblete’s vote-buying activities, thus satisfying the requirement cited by the RTC.

The High Court, however, warned vote sellers-turned-witnesses that RA 6646 does not exempt them from criminal prosecution for "perjury or false testimony should they not tell the truth."

The SC said this is to avoid possible fabrication of evidence against electoral candidates, especially their opponents.

"A free, orderly, honest, peaceful and credible election is indispensable in a democratic society. Without it, democracy would not flourish and would be a sham. Election offenses such as vote buying and selling are evils, which prostitute the election process. They destroy the sanctity of votes and abet the entry of dishonest candidates into the corridors of power where they may do more harm," the SC said.

It added that an electoral candidate "who commits dishonesty in his entry into an elective office through the prostitution of the electoral process cannot be reasonably expected to respect and adhere to the constitutional precept that a public office is a public trust, and that all government officials and employees must at all times be accountable to the people and exercise their duties with utmost responsibility, integrity, loyalty and efficiency."