DOJ’s Remulla, Comelec’s Garcia sign MOA for 2023 BSKE program

Justice Secretary Jesus Crispin Remulla and Commission on Elections (Comelec) chairperson George Garcia on Monday signed a memorandum of agreement for the poll body’s Kontra Bigay Program for the 2023 Barangay and Sangguniang Kabataan Elections (BSKE).

With this, the Comelec will coordinate with the Department of Justice (DOJ) and its attached prosecution agencies to address election-related offenses during the BSKE.

“Itong ating gagawin na MOA signing ay napakaimportante po lalong-lalo na sa part ng Comelec [the signing that we will do is very important, especially on the part of Comelec],” Garcia said during his speech before the signing.

“Kung nasa panig po namin ang prosecutorial arm ng pamahalaan… masisigurado natin — hindi lang matatakot — masisigurado natin na sadyang matutukan at magiging seryoso ang kampanya dito sa makabagong cancer ng ating demokrasya,” Garcia added.

[if the prosecutorial arm of the government is on our side, we can ensure — not only to scare — we can ensure that we will strictly monitor the campaign on this new cancer against democracy.]

Prosecutors on the ground

For his part, Remulla said prosecutors will be on the ground starting the election period of the BSKE. He said there will also be legal assistance desks for election violations nationwide.

“Given this, the fiscals will be available in their offices for the complaints that will be filed. And they can also be called in by law enforcement people once they catch anybody violating the law,” Remulla said.

“So ano ‘yan eh, may cooperation na naman tayong hinihingi sa ating mga fiscals na siguraduhin na kausap nila lagi ang law enforcement sa pag fa-file ng bawat kaso,” he added.

[We are asking for cooperation on the part of fiscals to ensure that they are always talking with law enforcement in the filing of every case.]

Remulla said they seek to ensure that those who commit offenses will be held liable.

“By combining the investigatory prowess of the Comelec and the prosecutorial power of the DOJ, we aim to ensure those who commit election offenses will face the full force of the law,” he said.

In April, the Comelec created the Committee on Kontra Bigay, which is tasked to coordinate with law enforcement agencies to address vote-buying and vote-selling in the country.

“‘Yung guidelines na prinomulgate natin… ay may mga presumptions ang Comelec na nilagay doon. Ang ibig sabihin, we shifted the burden of evidence doon sa mga maaresto,” Garcia said.

[Comelec has presumptions about the guidelines that Comelec promulgated. This means we shifted the burden of evidence to arrested individuals.]

“Halimbawa, isang araw bago mag eleksyon paikot-ikot ka sa mismong barangay, may dala-dala ka na indelible ink, nahuli ka, na-aresto ka, ipre-presume ka namin na engaged sa vote-buying. Bahala ka na mag defend sa sarili mo,” he added.

[For example, if you are going around the barangay a day before the election while carrying inedible ink and are caught and arrested, we will presume that you are engaged in vote-buying. It’s up to you to defend yourself.]

Garcia later stressed that they are allowed to presume with additional evidence.

According to  Garcia, the Comelec has issued show-cause orders against almost 2,000 individuals for premature campaigning. 

Of this, the poll body said it may file around 60 disqualification cases based on its initial assessment. 

The official campaign period is from October 19, 2023 to October 28, 2023.

The BSKE is set on October 30, 2023. — RSJ, GMA Integrated News