Another telling blow is the unexplained money destined for the
teachers. Why such a huge amount? Why should the Respondent, a
mayoralty candidate, and according to his own admission, be giving
money to teachers a day before the elections? What were the peso
bills doing in pay envelopes with the inscription "VOTE!!! TINOY", and
kept in shoe boxes with the word "Teachers" written on the covers
thereof?
There is also something wrong with the issuance of the
aforementioned MTB cards when one considers the testimony of
Burgos that more or less 50,000 of these cards, which is equivalent to
more or less 52% of the 97,000 registered voters of Meycauayan,
Bulacan, were printed by respondent; that there are only 443 precincts
in Meycauayan; that under the law, a candidate is allowed only one
watcher per polling place and canvassing area; and, finally, that there
is no explanation at all by the respondent as to what these
"watchers" did in order to get paid P300.00 each.
xxx
Respondent also avers that for an allegation of vote-buying to prosper,
the act of giving must be consummated.
Section 281 [a] of BP 881 states "any person who gives, offers, or
promises money x x x." Section 28 of RA 6646 also states that "the
giver, offeror, the promisor as well as the solicitor, recipient and
conspirator referred to in paragraphs [a] and [b] of section 261 of
Batas Pambansa Blg. 881 shall be liable as principals: x x x.
While the giving must be consummated, the mere act of offering or
promising something in consideration for someone's vote constitutes
the offense of vote-buying.
In the case at bar, the acts of offering and promising money in
consideration for the votes of said affiants is sufficient for a finding of
the commission of the offense of vote-buying."