Also they raised as an issue to the admissibility of the video footage and photographs to support their cause of action absent the testimonies of witnesses who could attest on the circumstance thereof such as the questions as to who, when and where those video footages were taken and the chain of custody thereof and be able to authenticate the genuineness of the contents thereof. They assail complainants' capacity to make the serious accusations for not being present during the event where the offense allegedly took place. It was intended no less as a form of financial assistance for his avid fans mostly minors, senior citizens, etc. Respondent Revillame further stressed that it was not in any way intended to induce the voters or the crowd to vote for his corespondents who were candidates for local positions in Quezon City in the National & Local Elections. But respondent Revillame admitted having given some small amount of cash to the audience but reasoning that it was part of the entertainment show and the fund was sourced out from his personal pocket and not from his co-respondents. For their part, respondents-candidates Belmonte, Sotto and Delarmente (sometimes referred to as "respondents-candidates") explicitly denied having given money of any amount to voters/crowd during the event, much less, for the purpose of inducing the people to vote for them. The COMELEC Law Department summarized respondents' defenses as follows:Īll respondents categorically deny the charge of vote-buying and sought the outright dismissal of the complaint against them, primarily due to the absence of the elements of the offense of vote-buying and for insufficiency of evidence, thus, no probable cause to charge them. ![]() Revillame with vote-buying punishable by Sec. We are executing this Complaint Affidavit to charge Ma. The allegations in petitioners' Complaint Affidavit read: Belmonte and Sotto eventually won as Mayor and Vice Mayor of Quezon City, respectively, in the said elections, and won anew for the same posts in the recently concluded May 2022 National and Local Elections. committed the offense of vote-buying during a campaign rally on. According to petitioners, respondents Belmonte, Sotto, and Delarmente, then candidates for Mayor, Vice-Mayor, and Representative of the First District of Quezon City, respectively, in the May 2019 National and Local Elections, along with respondent Revillame, a television personality who is known for hosting variety shows such as Masavang Tanghali Bayan, Wowowee, Willing Willie, and Wowowin. Petitioners, Filipinos of legal age and residents of Quezon City, filed a Complaint Affidavit against respondents before the COMELEC. Revillame (Revillame), and Elizabeth Ancheta-Delarmente (Delarmente) (collectively, respondents) for violation of Sec. Belmonte-Alimurung (Belmonte), Gian Carlo G. The COMELEC dismissed the Complaint Affidavit filed by petitioners against respondents Ma. 20-0268-14 dated 17 June 2020 rendered by the Commission on Elections (COMELEC) En Banc in E.O. 10625 dated 14 November 2019 and Minute Resolution No. Defensor (collectively, petitioners) filed a Petition for Certiorari under Rule 64 of the Rules of Court, seeking to annul and set aside Resolution No. ![]() General averments of vote-buying, when accompanied by uncorroborated video clips and screenshots from such video clips, will be adjudged as mere speculation because they cannot substitute for proof required to establish probable cause. Any complaint that charges the election offense of vote-buying must be supported by credible evidence that substantiates the elements of the offense.
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