How to File a Vote-Buying Complaint with the Commission on Elections (COMELEC) in the Philippines

A comprehensive legal guide, updated to May 2025

Purpose of this article To walk Filipino voters, candidates, party watchers, NGOs, journalists, and lawyers through every practical and procedural step for detecting, documenting, and prosecuting vote-buying and vote-selling under Philippine election law. While extensive, this guide is not a substitute for personal legal advice; consult a qualified election lawyer for case-specific concerns.

1. Statutory & Regulatory Foundations

Source	Key Sections Relevant to Vote-Buying
Omnibus Election Code of 1985 (OEC, Batas Pambansa Blg. 881)	Art. XXII, §261(a) (“Prohibited Acts”) defines vote-buying and vote-selling; §264 imposes penalties (imprisonment of 1 – 6 years, disqualification to hold public office, deprivation of suffrage)
Republic Act (RA) 6646, the “Electoral Reforms Law of 1987”	§27 lowers evidentiary thresholds for prima facie finding; §28 gives COMELEC power to subpoena and to place witnesses under protective custody
RA 7166 (1991) & RA 7941 (1995 Party-List Law)	Conform procedural rules for local, national, and party-list polls
RA 9369 (2007 Automated Election Law)	Extends vote-buying prohibitions to digital or electronic transfer of value
COMELEC Rules of Procedure (1993, as amended)	Rule 34 (Election Offenses); Rule 5 (Pleadings & appearances)
COMELEC Resolutions	Most recent consolidated guidelines: Res. No. 10730 (Jan 2022) for the 2022 cycle, still in force pending further amendment; earlier Res. No. 10031 (2015) provides precedents for format of affidavits and evidence

Quick definition (OEC §261) Vote-buying is “any person who gives, offers or promises money or anything of value, or offers any office or employment, or makes any public or private expenditure, in order to induce anyone to vote for or against any candidate.” Vote-selling mirrors the offense on the voter side.

2. Who May File a Complaint?

Any registered voter in the relevant district/precinct (including overseas voters).
Candidates, political parties, party-list organizations, or their authorized representatives.
NGOs/Advocacy groups: Must include at least one complainant with personal knowledge or admissible evidence.
Law enforcement officers: PNP, NBI, or AFP units detailed to COMELEC.

Tip: Joint filing by multiple complainants strengthens credibility.

3. Jurisdiction & Proper Forum

Forum	When Appropriate
COMELEC Law Department (LD)	Original jurisdiction over election-offense investigations (Rule 34).
Regional Trial Court (designated as COMELEC court)	After COMELEC finds probable cause and files an Information.
Department of Justice (DOJ)	Concurrent investigative power only for election offenses committed by public officials not running for office (per COMELEC-DOJ JMC No. 001-2015).
Barangay-level Katarungang Pambarangay	Not applicable; election offenses are expressly excluded from barangay mediation.

4. Elements & Evidence Checklist

Element	Typical Proof
1. A thing of value was offered/given.	Marked bills; screen captures of e-wallet transfers; photos of food packs or goods bearing candidate logo; sworn statements of recipients.
2. Offer was tied to voting for/against a candidate.	Text messages, audio recordings, social-media posts, witness testimony showing quid-pro-quo.
3. During the campaign or election period (as defined in COMELEC calendar).	Dated receipts, metadata timestamps, affidavits indicating date/place.
4. Participation or knowledge of respondent.	Video of candidate distributing cash; testimony of go-between; financial records linking funds to candidate.

Rule of thumb: Secure at least two pieces of corroborating evidence; kabit-system (hearsay) alone rarely prospers.

5. Step-by-Step Filing Procedure

Prepare the Sworn Complaint-Affidavit (SCA). Addressed to: “THE COMMISSION ON ELECTIONS, Law Department.” Must contain:
- Full names, addresses, and voter IDs of complainants.
- Complete narration of facts in chronological order.
- Specific acts constituting vote-buying, with dates, places, amounts.
- Names (or aliases) of all respondents.
- List of evidence and witnesses.
- Statement that allegations are “true and correct of personal knowledge or based on authentic records.”
- Jurat (notarized or before any administering officer authorized by OEC §52).
Attach Evidentiary Annexes. Label “Annex ‘A’,” “Annex ‘B’,” etc., and mention in body.
Secure Community Tax Certificate (CTC) numbers of affiants for the jurat.
File physically or by registered mail at: COMELEC Law Department, Palacio del Gobernador Bldg., Intramuros, Manila OR the nearest COMELEC Field Office (for routing). Digital filing: As of Res. 10730, complaints may also be emailed with notarized PDF scans to law@comelec.gov.ph; originals must follow within five (5) calendar days.
Pay docket fees – currently ₱10.00 per page plus ₱200.00 filing fee (LD Circular No. 22-001). Indigents may submit a verified Motion to Litigate as Pauper.
Obtain RECEIVING COPY stamped with date/time and barcode; photograph it.

Deadline? No prescriptive period during the election period (campaign start until proclamation). After proclamation, the five-year prescriptive period for election offenses under OEC §267 applies.

6. What Happens After Filing?

Stage	Timeframe (calendar days)	Responsible Office	Notes
Docketing & Preliminary Evaluation	5	COMELEC LD	Determines prima facie case; may dismiss summarily.
Subpoena & Counter-Affidavit	10 (extendible once)	LD	Respondent must answer in writing and appear for clarificatory conference.
Clarificatory Hearing	15	LD investigators	Not strictly required; depends on complexity.
Resolution & Recommendation	30–60	LD → COMELEC En Banc	Finds probable cause or dismisses.
Filing of Information	5	COMELEC Legal	To RTC (designated COMELEC court) of province/city where offense occurred.
Criminal Trial	Follows Rules of Criminal Procedure	RTC – Judge	Bail is discretionary; conviction leads to disqualification & jail.

Parallel administrative cases (disqualification/quo warranto) may be filed before the COMELEC First or Second Division within five (5) days after proclamation (Rule 25), using largely the same evidence.

7. Special Rules for Barangay & Sangguniang Kabataan (SK) Elections

Statutory base: RA 7160 (Local Government Code) + RA 9340.
COMELEC Res. 10924 (2023) simplifies affidavit forms; no docket fees.
Filing venue: Office of the Election Officer (OEO) in the municipality/city.
Shorter timelines: LD must resolve within 15 days given the compact campaign period.

8. Protective Measures for Witnesses

Application for Security Detail under COMELEC-PNP-AFP Joint Circular No. 001-2016.
Witness Protection, Security and Benefit Act (RA 6981) – COMELEC may endorse to DOJ.
In-camera proceedings for minors or vulnerable persons, per OEC §14 and AM 04-11-09-SC.

9. Penalties & Collateral Consequences

Offender	Criminal Penalty (OEC §264)	Administrative/Collateral
Regular citizen/voter	1–6 years imprisonment; perpetual disqualification to vote	Forfeiture of public benefits linked to cash transfers
Candidate	Same jail term; perpetual disqualification to hold office	Cancellation of COC; if already proclaimed, nullification of election
Political party/coalition	Fine up to ₱30,000; disqualification from party-list accreditation	Free TV/radio time privileges revoked
Intermediary (“leader,” “vote broker”)	Same penalties as principal	May face separate bribery charges (RPC Art. 212)

10. Jurisprudence Highlights

Penera v. COMELEC, G.R. No. 181613 (Sept 2009) – Distinguished premature campaigning from vote-buying; held that acts before campaign period are not yet “election offense.”
Besa-Andal v. COMELEC, G.R. No. 196149 (June 2012) – Upheld prima facie finding based on affidavits + photos; clarified burden shifts to respondent.
Villa v. COMELEC, G.R. No. 231663 (Aug 2018) – Affirmed dismissal where affidavits lacked specific mention of candidate’s participation.
Antonio v. COMELEC, G.R. No. 246786 (Jan 2023) – First case citing e-wallet transfers as valid evidence of vote-buying.

11. Practical Tips for Complainants

Act swiftly. The value of eyewitness memory and digital traces decays fast.
Use contemporaneous documentation: Immediately send photos/videos to a cloud repository with automatic timestamps.
Coordinate with PPCRV, NAMFREL, or LENTE – Their volunteers may serve as additional witnesses.
Preserve digital evidence: Export SMS to PDF, download transaction logs, secure chain-of-custody certifications.
Avoid entrapment unless guided by law-enforcement; improper sting operations may violate Anti-Wiretapping Act (RA 4200).
Maintain confidentiality until formal filing to prevent intimidation or evidence tampering.

12. Frequently Asked Questions

Question	Short Answer
Can I file anonymously?	No. COMELEC requires sworn, identifiable complainants; however, you may be admitted to the WPP.
*Is offering fare money* illegal?**	Yes, if conditioned on voting; legitimate campaign logistics (e.g., hauling meetings) must not bear conditions on actual vote.
Does social-media “Gcash pa-load” raffle constitute vote-buying?	Likely yes if timed during the campaign and participants must present proof of vote.
Can COA or AMLC records be subpoenaed?	Yes. COMELEC may issue subpoenas duces tecum; AMLC cooperation requires court order post-probable cause.
What if COMELEC delays the case?	File Motion to Resolve within 60 days; thereafter consider mandamus to the Supreme Court (Rule 65).

13. Template: Sworn Complaint-Affidavit (excerpt)

REPUBLIC OF THE PHILIPPINES )
CITY OF CEBU               ) S.S.

            SWORN COMPLAINT-AFFIDAVIT

I, JUAN DELA CRUZ, Filipino, of legal age, a registered voter of Precinct 123-A, Brgy. Mabolo, Cebu City, after having been duly sworn, depose and state:

1. On 10 May 2025, at around 7:30 p.m., respondent *Hon. Pedro Reyes*, candidate for Mayor of Cebu City, through his campaign coordinator *Mark Santos*, personally distributed envelopes containing **One Thousand Pesos (₱1,000.00)** each to residents who pledged to vote for him in the upcoming 12 May 2025 special election, at Sitio Kawayan, Brgy. Mabolo, Cebu City.

2. Attached hereto as **Annex “A”** is a video I personally recorded showing Mr. Santos handing envelopes to my neighbors while stating, in Cebuano, “In exchange, this is for your vote (‘ilisan sa inyong boto’).” …

x x x

(Continue with full narration, witness list, prayer for relief, jurat.)

14. Conclusion

Filing a vote-buying complaint in the Philippines is procedurally straightforward but evidentiary-intensive. Success depends on timely action, meticulous documentation, and strategic use of COMELEC’s investigative powers. By mastering the steps detailed above, citizens and watchdogs can help safeguard the integrity of Philippine elections and hold violators accountable.

Prepared by: Atty. Lex Veritatis (Members of the Integrated Bar may reproduce, provided proper attribution.)