Seares: Politics money and the church

By Atty. Pachico A. Seares

Sunday, March 14, 2010

THE fuss about illegality of donations or contributions of candidates for public office to Ricardo Cardinal Vidal talks of liability of donor and donee.

It doesn’t say however if anyone can be prosecuted and whether the charge will stick.

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The election law says candidates who give cash or in kind to any individual, like Cardinal Vidal, or religious organization, like the Cebu Archdiocese, are liable.

As essential element of the crime though, there must be purpose: it must be “to induce anyone or the public in general to vote for or against any candidate or withhold his vote” or to accept the gift in exchange for election support.

Can prosecutors prove the donors (who’re unnamed and unlikely to be named) did it to woo Vidal or church backing? It couldn’t be to pitch for public support because details of donations weren’t publicized. The cardinal admitted accepting gifts for church charity but didn’t specify sources.

Neither Vidal nor his priests endorsed any candidate. The state can’t prove vote-soliciting or vote-giving. Concessions to religious sectors aren’t necessarily ballot transactions.

Suing Vidal

It’s silly to even think the Government or any of the giver’s rivals would sue and push the cardinal to squeal on the donors.

Ironically, election deals in which huge amounts of cash change hands are a-plenty in this campaign season. They’re only whispered about and don’t see print.

The controversy erupted because Vidal couldn’t lie and Comelec didn’t resist poking into a “violation” it couldn’t do anything about anyway.

(paseares@yahoo.com)

Monday, February 13, 2012

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