WARRANTLESS arrest can be done on people who will be caught in the act buying or selling votes during the campaign period for the upcoming Barangay and Sangguniang Kabataan Elections (BSKE), the poll body said Tuesday, August 15, 2023.
In a press conference, Commission on Elections (Comelec) chairman George Garcia said they will issue new guidelines for the BSKE on October 30 and these will include the imposition of warrantless arrest, which may be done by ordinary citizens and law enforcers.
He noted a provision under the 1987 Constitution that allows warrantless arrest in cases of flagrante delicto or being caught in the act.
"Sa ilalabas naming guidelines bilang pahapyaw lang po, papayagan natin silang mag-aresto especially kung yung tao ay caught in flagrante or caught in the act. Dati wala po yun. Ngayon, i-authorize po namin siya (In the guidelines that we will issue, we will allow them to arrest especially if the person is caught in flagrante or caught in the act. It didn't exist before. Now, we will authorize it) with full backing of the Comelec because it is our belief that under our Constitution warrantless arrest is allowed," said Garcia.
Philippine National Police (PNP) Chief Benjamin Acorda Jr. said citizen’s arrest will be helpful considering the limited number of policemen in some areas in the country.
He expressed concern, however, over the possible conflict and violence it may cause especially amid intense political rivalry in some areas.
Meanwhile, the PNP said there are 27 areas that will possibly be included in the list of “red” category of areas of concern for the upcoming BSKE.
PNP Deputy Chief for Operations Lieutenant General Michael John Dubria said some of the areas are located in Maguindanao, North Cotabato, Basilan, Sulu, and the “special geographic area.”
He said 232 areas are being considered to be placed under orange category, 4,085 under yellow category, and 37,683 under green category.
Dubria said validation is still ongoing.
In the case of Negros Oriental, where allegedly politically motivated violence occurred, Garcia said assessment is still ongoing on whether elections will be held there or not. (SunStar Philippines)