The Commission on Elections (COMELEC) adopted a resolution Sunday allowing law enforcement officers to conduct warrantless arrests for certain election offenses, including vote-buying.

The commission unanimously approved the measure during its May 11, 2025 referendum after receiving a study from the Law Department on the legality of such arrests.

“Any law enforcement officer, including those from the Philippine National Police and National Bureau of Investigation, may, without a warrant, arrest a person when, in the presence of such officer, the person to be arrested has committed, is actually committing, or is attempting to commit an election offense such as vote-buying,” according to the resolution.

The decision follows a memorandum from Director Sittie Maimona Azisa G.L. Tawagon of the Law Department, which concluded that while Section 266 of the Omnibus Election Code originally prohibited warrantless arrests during election campaigns, subsequent laws have effectively superseded this provision.

Commission Chairman George Erwin M. Garcia directed the Philippine National Police to “strictly comply” with COMELEC Resolution No. 11104, warning that non-compliance “is a valid ground for criminal and administrative liability.”

The resolution also requires all COMELEC officials to report anyone “defiant and uncooperative” in enforcing the directive within their jurisdictions.

Under the Omnibus Election Code, election offenses carry penalties including imprisonment of one to six years, accessory penalties, and possible disenfranchisement.

The commission includes Commissioners Aimee P. Ferolino, Rey E. Bulay, Ernesto Ferdinand P. Maceda Jr., Nelson J. Celis, Maria Norina S. Tangaro-Casingal, and Noli R. Pipo.