Case dismissed against duo in lone case of vote buying in WV

By Jennifer P. Rendon

It appeared that massive vote buying incidents are only prevalent in social media.

As far as the Police Regional Office (PRO)-6 is concerned, it only recorded one arrest and received a single formal complaint of vote-buying.

On the eve of the May 9 elections, two persons were arrested at Sitio Mague, Barangay Tibsoc, San Enrique, Negros Occidental.

The suspects were identified as Dindo Tolosa, 56, a construction worker and a resident of Vagallon St, Sitio Panalsalan, Barangay Poblacion, San Enrique town and his minor companion.

Police accounts claimed that Barangay Kagawad Juno Benitez and a barangay tanod of Tibsoc village in San Enrique were patrolling the area when they spotted a tricycle in the area.

They flagged down the tricycle and asked Tolosa where they were heading to.

The older suspect allegedly claimed they have something to give to a resident but did not name the recipient.

This allegedly prompted Benitez to check the “parcel” which contained an envelope with the name of a party list group.

The envelope also contained a shaded sample ballot, P2,100 cash in different denominations, party-list leaflets, and a mobile phone.

An inquest case for violation of Sec. 261 (a) of the Omnibus Election Code were filed against the duo.

But Prosecutor Stephanie Grace Apsay dismissed the case after finding no probable cause to indict Tolosa and his companion.

Apsay noted that Benitez is not authorized by the PNP nor the Commission on Elections (COMELEC) to conduct roving patrol or checkpoint in their barangay.

“When the respondent was flagged down, he was riding his tricycle together with his son. While he mentioned that he will deliver something to a resident of the area, there is no indication that he is to give money in exchange for votes,” the resolution said.

“However, assuming for the sake of argument that his intention or purpose was that, as claimed by the complainant, still the crime alleged was not completed nor has not (sic) even started.”

Apsay noted that the respondent was not committing the alleged violation of Section 261, paragraph (a) of the Batas Pambansa Bilang 881 when he was the arrested as the elements of selling or offering to buy a person’s vote were not present. Neither was he arrested in hot pursuit.

The two arrested persons were ordered released and the items recovered in their possession were returned.

Meanwhile, Lieutenant Colonel Arnel Solis, PRO-6 spokesperson, said they only received a single formal complaint of vote buying.

Mayoralty candidate Leopoldo Moragas of Miag-ao lodged a formal complaint addressed to Captain Marvin Buenavista, Miagao police chief, asking for “assistance in verifying and stopping” the alleged “massive vote-buying” in the town.

Moragas’ letter came on the heels of reports of a two-day vote-buying spree in Miag-ao town.

Solis said the local PNP and Comelec acted on it.

“But our personnel didn’t see any vote buying activity. At the venue, there was also no complainant,” he said.

For a case to prosper, Solis said there should be a person who would testify that he was offered money in exchange for his or her vote. That person must also identify the person who offered the money.

During the 2019 midterm elections, police monitored and recorded 73 vote buying activities, of which 55 were under investigation while three cases were filed before the Prosecutors’ Office.

As a result of massive operations that time, 35 persons were accosted, and three minors were rescued.

A total of P21,700 were confiscated from these operations.