DOJ's Gonzalez faces Comelec probe for vote-buying attempt

Justice Secretary Raul Gonzalez is facing an investigation by the Commission on Elections for saying he will give P10,000-cash incentives to Iloilo village officials who could deliver a 12-0 victory for administration senatorial candidates. “I have given instruction to our law department [to launch an investigation]. If he (Gonzalez) has violated the law then it would file charges against him," Comelec Chairman Benjamin Abalos Sr. said Wednesday at the Quijano de Manila forum at the Cherry Blossom Hotel in Malate, Manila. Abalos and other poll officials earlier declined to comment on the matter, saying the issue could turn into an explosive case. In a turnaround, the poll chairman said they might invite Gonzalez to explain his controversial statement. In that interview, the justice secretary said he will give Iloilo village officials a P10,000 cash incentive each to ensure a landslide victory of the administration’s Team Unity. He said he is not buying the votes of village officials, claiming he would be using his personal funds and not his office’s to boost TU’s bid. “It’s a prize, an incentive for them to work harder," Gonzalez said. “This is my personal contribution to Team Unity. [I have plenty of cash]. Do you want to borrow?" Gonzalez added: “When I give money, I can say from which safe it came from. Isang harvest lang iyan ng misis ko sa kanyang manukan (It’s one small harvest from my wife’s chicken farm)." Under Article 22 of the Omnibus Election Code “any person who gives, offers, or promises money or anything of value, gives or promises any office or employment" to “induce anyone or the public in general to vote for or against any candidate" could be liable for vote-buying and selling. “It could be a reward for campaign workers for a job well done, but still we would look into the case to determine the real context of his statement," Abalos explained. He, however, added that Cabinet officials are not violating any election law if they support a candidate as long as they do not use their office and buy votes to ensure the victory of their bets. Meanwhile, lawyer Alioden Dalaig, chief of the Comelec’s law department, said political parties can give their campaign managers incentives to encourage them to religiously campaign for their candidates. These campaign managers, according to him, include village officials. “They are not violating or being partisan because we are not holding the barangay [village] elections, therefore they are allowed to campaign," Dalaig said. The Comelec earlier issued a resolution barring barangay officials from polling precincts on Election Day because this is a “partisan" act. This resolution was used as basis by the poll body to require Jose Concepcion, former chairman of the National Citizens Movement for Free Elections (Namfrel), to step down as prerequisite to the approval of the poll watchdog’s accreditation for operation quick count. TU defends Gonzalez Meanwhile, TU senatorial bets defended embattled Gonzalez from accusations of vote-buying. In a press briefing in Iba, Zambales, former senator Vicente Sotto III said there is nothing wrong with Gonzalez' offer of a prize to village officials. "If he (Gonzalez) was talking to voters and he offered them such rewards in exchange for a 12-0 vote, that is vote-buying," Sotto said. "But since he was talking only to barangay officials, who can be considered campaign leaders of the administration, that is only an incentive, so that they would work hard to campaign for the administration bets," Sotto said. Zambales Gov. Vic Magsaysay said since Gonzalez offer to barangay officials would only be realized after the elections--if indeed the local leaders delivered the votes--it could not be considered an election offense. Former senator Tessie Aquino Oreta said that many of those who are criticizing Gonzalez could in fact be doing the same thing, although she refused to name anybody in particular. "I, for my part, do offer incentives to my campaign managers so that they would work harder to promote my candidacy. I believe other candidates are doing it, too," Sotto said. In a radio interview, election lawyer Romulo Macalintal also said it might be very difficult to prove that the DOJ chief's offer constitute the election offense of vote-buying. "It must be proven that the voter had in fact voted for the candidates being supported by the one giving the offer, just because of such a deal," he said. However, Macalintal said that Gonzalez should have been more circumspect because such statement could provoke charges of vote-buying. There were reports that some leaders in the administration are calling for Malacanang to impose a "gag order" on Gonzalez because his controversial statements are giving the opposition the ammunition against administration bets. Gonzalez, ever defiant, was quoted in the reports as saying that if Malacañang gags him, he would not host the Team Unity rally in Iloilo City, his bailiwick. - GMANews.TV