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Rules on campaign giveaways not clear, says Comelec

Comelec Chairman Sixto Brillantes INQUIRER FILE PHOTO

MANILA, Philippines鈥擳he Commission on Elections (Comelec) admitted Wednesday that its rules on campaign giveaways, such as the reported cellphones thrown to the crowd during a campaign rally in Valenzuela, were unclear but said that 鈥渢here is something wrong with it definitely.鈥

鈥淥ur rules are not clear on giveaways or election gimmicks,鈥 Brillantes told reporters Wednesday in a press conference.

鈥淏ut when it鈥檚 too expensive it鈥檚 no longer an election gimmick. In a sense it becomes vote buying when [the giveaways reach] a certain [price value],鈥 he said.

Martell Soledad, a candidate for councilor in Valenzuela City, had reportedly thrown into the crowd six cellphones in white boxes during a campaign rally Sunday.

鈥淭here is something wrong with it definitely,鈥 Brillantes said.

Giveaways were prohibited before under Section 85 of the Omnibus Election Code, 鈥渂ut it was amended and it now allows the giving of shirts, lighters, small items,鈥 he said.

When asked what the price limit should be, Brillantes said it will be one of the issues the Comelec en banc would take up.

He said the price threshold was what they needed to determine whether certain items being given away constitute vote buying.

鈥淚f [candidates] give away cars, that is definitely vote buying. Cellphones that are expensive can also be taken as vote buying,鈥 Brillantes said.

Senatorial candidate Maria Ana Consuelo 鈥淛amby鈥 Madrigal previously caught the eye of the Comelec when she promised to give away an Apple iPad in an online contest on her Facebook page.

The contest has since been halted and Madrigal鈥檚 case is still with the Comelec law department.

Brillantes said that in this case of cellphones being given away, the Comelec can conduct an investigation moto propio but they encourage that complaints be filed.

鈥淚n all issues of vote buying, as much as possible there should be evidence,鈥 Brillantes said.

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