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Republic of the Philippines

COMMISSION ON ELECTIONS
Intramuros, Manila

EUGENE ECHALAR and Docket No. _______________


CONSTANTE SIPIN, For: Violation of Section 261 (a)
Complainant, in relation to Section 262 of the
Omnibus Election Code
- versus - (Vote Buying and Vote Selling)

JOSEFINO MIRANDA,
Respondent.
x--------------------------------x

COMPLAINT

The Complainants, Eugene Echalar, 45 years old, resident of Barangay


Bigbiga, Santiago, Ilocos Sur and Constante Sipin, (age and address) accuses
Respondent Josefino Miranda (“Respondent” for brevity), (age), resident of
Barangay Poblacion Sur, Santiago, Ilocos Sur, for violation of Section 261 (a)
in relation to Section 262 of the Omnibus Election Code, in connection with
May 13, 2019 Midterm Elections, and avers THAT:

1. On May 6, 2019, Respondent was seen to have been handing cash


of P500 and P1000 pesos, in Philippine currency, to his constituents at his
residence at Barangay Poblacion Sur, Santiago, Ilocos Sur, as shown by the
sworn Affidavit of Roderick Gaoat Arquillo hereto attached as Annex “__”;

2. On May 11, 2019, Respondent was again seen to have been handing
cash of P500 and P1000 pesos, in Philippine currency, to his constituents at
his residence at Barangay Poblacion Sur, Santiago, Ilocos Sur, whereby taking
of pictures is strictly prohibited and only fifteen (15) persons are allowed at a
time inside the house, as shown by the Affidavit of Rowena Maglente De
Leon hereto attached as Annex “__”;

3. On May 14, 2019, I reported the foregoing incident of massive


vote-buying involving the Respondent to the Santiago Municipal Police
Station, as shown by the Police Report hereto attached as Annex “ “;

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4. On May 14, 2019, I likewise reported said incident via letter to
the COMELEC Regional Office, as shown by the Letter hereto attached as
Annex “ “;

5. Section 261 (a) in relation to Section 262 of the Omnibus Election


Code, reads:
Sec. 261. Prohibited Acts. - The following shall be guilty of an
election offense:

a. Vote-buying and vote-selling.

1. Any person who gives, offers or promises money or anything


of value, gives or promises any office or employment, franchise
or grant, public or private, or makes or offers to make an
expenditure, directly or indirectly, or cause an expenditure to be
made to any person, association, corporation, entity, or
community in order to induce anyone or the public in general to
vote for or against any candidate or withhold his vote in the
election, or to vote for or against any aspirant for the nomination
or choice of a candidate in a convention or similar selection
process of a political party.

2. Any person, association, corporation, group or community


who solicits or receives, directly or indirectly, any expenditure
or promise of any office or employment, public or private, for
any of the foregoing considerations.

Sec. 262. Other election offenses. - Violation of the provisions,


or pertinent portions, of the following sections of this Code shall
constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83,
84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105,
106 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134,
135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186,
189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
223, 229, 230, 231, 233, 234, 235, 236, 239 and 240.

6. That the elements of Vote Buying/Vote Selling are as follows:

(1) That the offender is any person;

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(2) That the offender:
a. Gives, offers or promises money or anything of value;
b. Gives or promises any office or employment, franchise or
grant, public or private;
c. Makes or offers to make an expenditure, directly or indirectly,
or
d. Cause an expenditure to be made to any person, association,
corporation, entity, or community; and

(3) That the act was done in order to induce anyone or the public in
general to vote for or against any candidate or withhold his vote in the
election, or to vote for or against aspirant for the nomination or choice of a
candidate in any convention or similar selection process of a political party.

7. The acts committed by the Respondent satisfies the abovementioned


elements of vote-buying particularly his intent in giving money to the public,
which is to induce his constituents to vote for him in the 2019 Mayoralty
elections.

8. Verily, prescinding from the foregoing, it is crystal clear that


Respondent committed vote-buying / vote-selling when he performs acts in
order to induce anyone or the public to vote for him.

9. Undersigned is executing this complaint for purposes of filing an


election offense case against the Respondent for violation of Section 261 (a)
in relation to Section 262 of the Omnibus Election Code.

(NAME AND SIGNATURE OF COMPLAINANT)


(address and contact details)

WILFREDO R. CORTEZ
Counsel for the Plaintiff
Sta. Cruz, Ilocos Sur
IBP No. 28105/1-17-18
PTR No. 8890557/1-4-18
Roll No. 33768
MCLE Compliance V-0013871
Issued at Pasig City
On February 11, 2016

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VERIFICATION

I, Eugene Echalar, of legal age, Filipino, married, resident of


Barangay Bigbiga, Santiago, Ilocos Sur, under oath, do hereby depose and
say:

1. That I am the Complainant in the above entitled case and have caused for
this Complaint to be prepared;

2. That I read and understood its content which are true and correct of my own
personal knowledge and/or based on authentic records;

3. That I am executing this affidavit to attest to the truthfulness and veracity of


the foregoing and for all legal intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


_____ day of October 2018, at Sta. Cruz, Ilocos Sur.

_____________________________
Affiant
Valid ID NO.

SUBSCRIBED AND SWORN to before me this _____ day of _______


2018, at Sta. Cruz, Ilocos Sur, affiant exhibited to me a Valid Identification as proof
of her identity.

WILFREDO R. CORTEZ
Notary Public
Until December 31, 2018
Sta. Cruz, Ilocos Sur
PTR NO. 8890557/1-4-18
IBP NO. 28105/1-4-18
ROLL NO. 33768
TIN NO. 170-449-903

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