6 years jail, no probation for election’s violator

By Mortz C. Ortigoza

Any person found guilty of any poll like the present barangay election's violation shall be imprisoned of not less than one year but not more than six years and shall not be subject to probation, the Omnibus Election Code says.

Election offenses are vote-buying and vote-selling; conspiracy to bribe voters; wagering upon result of election; coercion of subordinates; threats, intimidation, terrorism, use of fraudulent device or other forms of coercion; coercion of election officials and employees; appointment of new employees, creation of new position, promotion, or giving salary increases; transfer of officers and employees in the civil service;  intervention of public officers and employees;

undue influence; unlawful electioneering; prohibition against dismissal of employees, laborers, or tenants; appointment or use of special policemen, special agents, confidential agents or the like; Illegal release of prisoners before and after election; use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign;  deadly weapons; carrying firearms outside residence or place of business;  use of armored land, water or air craft; wearing of uniforms and bearing arms; policemen and provincial guards acting as bodyguards or security guards;  organization or maintenance of reaction forces, strike forces, or other similar forces; prohibition against release, disbursement or expenditure of public funds; and others that can be found in the Omnibus Election Code.

Probation in criminal law, but not covered by the Code, is a period of supervision over an offender, ordered by the court instead of serving time in prison. Those who can avail it are those sentenced by the court of not less than six years jail time.

Section 264 of the Code says that the guilty party shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty

Since the village poll is neutral to politicians’ intervention, the punishment on a guilty political party, where many politicians belong, to pay a fine of not less than ten thousand pesos is not applicable.

Omnibus Election Code says that those persons criminally liable are the principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be criminally liable for election offenses. If the one responsible be a political party or an entity, its president or head, the officials and employees of the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be liable, in addition to the liability of such party or entity.

Other election offenses in the Code can be found on Section 262  that says violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239 and 240.