The Commission on Elections (Comelec) said that an incumbent official from Negros Oriental who was seen in a viral video tossing PHP 500 bills to a crowd over the weekend has not technically violated election laws.
In a radio interview with GMA’s Super Radyo dzBB, Comelec Chair George Garcia clarified that the act does not yet constitute an election offense because the campaign period for local posts has not started.
“Hindi pa covered ng election laws kung tutuusin,” Garcia said, noting that the official remains an “aspirant,” not a legal candidate, until the campaign period begins on March 28.
Under the Supreme Court’s 2009 Peñera v. Comelec ruling—often referred to as the Peñera Doctrine—a person who files a certificate of candidacy (COC) is not officially a “candidate” until the designated campaign period.
As a result, premature campaigning and acts like vote buying cannot be penalized under election laws until that time.
Despite this, Garcia said concerned parties still have legal avenues to raise accountability.
“Pwede rin ang DILG, pwede rin sino mang residente o nakatira o sino mang indibidwal na taga-doon, pwedeng mag-file ng complaint,” he said, referring to the Department of the Interior and Local Government or local residents who may want to file a formal case.
The official’s identity has not been released by Comelec, but the video showing him distributing cash has triggered widespread criticism on social media and prompted concerns over political patronage and poverty exploitation.
Garcia urged voters to remain critical and consider the implications of such acts during the election season.
“Ang pakiusap natin sa mga botante, na kapag ang mga kumakandidato, incumbent man o hindi, ay ganyan ang pinaggagawa—nasa kanila kung gusto nilang iboto ang ganyang mga tao, na inaabuso ang kahirapan ng ilang mamamayan,” he said.
(Our plea to voters is that when candidates, incumbent or not, act like that—it’s up to them whether they want to vote for such people, who are abusing the poverty of some citizens.)
Comelec has consistently reminded candidates and aspirants to observe ethical conduct even outside of the campaign period, warning that while legal repercussions may be limited, public trust can still be eroded.
The official’s actions come just weeks before the campaign period for local posts begins, when all candidates will be subject to stricter rules governing campaign finance, advertising, and vote-buying prohibitions under the Omnibus Election Code.
Vote buying, once the campaign period starts, is a criminal offense punishable by disqualification and imprisonment under Section 261 of the code.
With the national and local elections set for May, observers say the incident highlights long-standing concerns about the use of wealth and influence to sway voter behavior in vulnerable communities.
As of this writing, neither the DILG nor any local complainant has confirmed if a formal complaint has been filed.
