J.A.B. Bulao & Associates

DISPOSITIVE:

ACCORDINGLY, the Petition for Certiorari is DISMISSED.
SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

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In its findings against petitioner, COMELEC determined that private
respondents were not campaign volunteers of petitioner based on several
indicators: (i) they were not part of the volunteers’ exclusive group chat; (ii)
they were invited only on the day of the event; and (iii) they were excluded
from logistical provisions such as meals. The petitioner’s own witness
confirmed that the food given to private respondents was merely leftover
lunch intended for actual volunteers. These facts led COMELECto conclude
that private respondents were mere participants, not volunteers, and that the
event was not exclusive to campaign staff, but aimed at securing electoral
support.44

Consequently, COMELEC found that the distribution of material
considerations, such as red t-shirts and PHP 1,000′.00 cash, was neither
documented nor subjected to liquidation, contrary to the petitioner’s claim that
these were campaign-related advances. The absence of records, such as
logbook entries or receipts, undermined petitioner’s defense and suggested
that the funds were given to influence electoral choices … COMELEC
emphasized that petitioner’s presence and active participation in the event,
including delivering a campaign speech and engaging with private
respondents during and after the distribution, demonstrated his knowledge and
tacit consent. These acts, coupled with the timing and undocumented nature
of the distributions, supported the finding that vote-buying occurred, in
violation of Section261(a)(l) of the OEC.

· Evidently, COMELEC laid out a clear. factual. and legal basis for its
conclusion. The absence of grave abuse of discretion is manifest where a
tribunal adheres to applicable laws, and, anchors· its findings on substantial
evidence. Given that COMEEEC’s Resolution was reached through a
reasoned evaluation of facts, applicable laws and pertinent jurisprudence, it
cannot be said to have acted arbitrarily or capriciously. Consequently,
petitioner failed to show that COMELEC committed grave abuse of discretion
amounting to lack or excess of jurisdiction in issuing its assailed Resolution.

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