HOUSE Speaker Jose de Venecia’s act of distributing Lakas-Christian Muslim Democrats membership cards with insurance to the general public cannot be called vote-buying — unless there is strong and sufficient evidence to prove it.

This was the position taken by the Commission on Elections (Comelec) legal department in a letter to de Venecia Jr. saying he has not violated section 261 (a) of the Omnibus Election Code on vote buying or vote selling.

Lawyer Alioden Dalaig, director IV, Legal Department of Comelec in Manila said in his letter dated May 4 to lawyer Raul Lambino, deputy secretary general for legal affairs and chief legal counsel of Lakas-CMD that, “Unless sufficient evidence is submitted to show violation of the provisions of our election law, it is our submission that based on your explanation, there is no violation of Section 261 (a) of the Omnibus Election Code”.

Lambino wrote the Comelec last April 27 and Dalaig said the Comelec conducted an inquiry into the matter.

Dalaig said the Comelec Law Department in its letter dated April 27, 2007 requested ABS-CBN News Operation for a copy of the footages allegedly showing the distribution of insurance cards to the general public.

Dalaig said as of last Friday, ABS-CBN has not yet acted upon their request. “Neithrer has nay complaint been filed with this department which can be the basis of our investigation,” he said.
Rule 34 of the Comelec Rules of Procedures provides that before the Commission may act on any complaint for violation of the Omnibus Election Code or other related election laws, there must be a complaint under oath with supporting affidavits of witnesses or other evidence to support the same, or may motu propio initiate a complaint provided it has in its possession sufficient documents or evidence to warrant prosecution or violation of our election laws, he added.

Lambino said in his explanation contained in his letter to Dalaig that the distribution of the insurance cards are not election related in the sense that the insurance coverage effectivity began on October 17 up to June 30, 2008 and not particularly geared to the May 14, 2007 elections.

Lambino added that the cards were given to party members in Luzon, Visayas and Mindanao who are already captive voters and they are provided to the party’s campaigners and poll watchers who under the law are entitled to reasonable allowances or compensation even during the campaign period for the services given to the partyj or its candidates.