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Republic of the Philippines ON ELECTIONS COMMISSION I r ' ^., .j. Manila

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RULES OF I,iPROCEDURES rN THE TNVESTTGATION AND PROSECUTION OF ELECTION;,'QrreNSE CASES IN THE coMMrssroN oN ELECTTONS.
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BRILUNTE Sirto 5. Jr.,

SARMIiFNTO, Rene V.,

Chairhan com#issioner

TAGL7 Lucenito N.,

VEUSCO, Armando C.,
YUSQP,H, Elias R.,

conlAhgbner co,rLnMoner
cbrdDnrssrbner

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LIM, C,hristian Robert 5., UGMAN, Augusto C.

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PROM(JLGATED

Apri

13,2012

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RESOLUTION.NO.
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the

COMELEC Rules

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reconcile somei,conflicts, inconsistencies and ambiguities with other prevailing laws

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of Procedures entitled "Prosecufion of Election Offenses" to

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WHEREAS,

prosecutorial Works,in the Commission on Electionq in

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it is also imperative to standalrdize the investigative and

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a unified and simplified

NOW; TIIEREFORE, the Commission on Elections, pursuant to the authority vested in it unijer the Constitution and other ilertinent election laws, RESOLVED,

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Brsol-vEs to approve the arhendm"hts in Rule 34 of COMELEC Rules of Brocedure: and to adopt the following rules and guidelines on the

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investigatidn and pr$secution of election offenses, to wit:

Authority of the Commission to'Prosecute Election Offenses. Sectjon The Coinmibsionishall ,have the cdncurrent authilr,ity with other prosecuting arms of the government to conduct preliminary investigation of all election offenses punisfrable:under the election laws and to plosecute the same, except as may otherw,r"l,,l. Provided y:fr

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section 2. Authority of coMELECttZWUtn! !9 investigate-?l! pr?s:cute, All.lawyers ip the Commission who are Election'Officers in the National Capital Region CiruCnlb, . provincial Election Supervisors, $egional Election Attorneys, Assistant Regional Election Directors, Regional Election Directors and lawyers of the Law Oepirtment are author:ized to conduct irreliminary investigation of Complaints inv(2lving electiog offenses under the election laws which may be filed direcuy w th thpmr or which$ay be indorsed !o themiby the Colrnlssion.
Such authority may ff'revoked or withdrawn any time by the Commission whenever in itg sound judfffent such revocation o1 withdrawal is necessary to Lrrql. successful YYrrurr, rr verrvvvJ that or when,.it.,believes Ll l\5' \.tJlllllllJJltJll, Commission, vr of th$ protect the pruLeLt lllLqgllLy ul LIlts integrity in the Commission. lawyers other done by prosecution of the case can be

Initiation of Complaints for election Initiation of Complaint Section Cgmmission; or uporl written ofthe initiative offenses may ,Oe done upon the lil .. .^-I:r:--r -^*, --^-:-r^.--i - r!r-r^ Complaint by qny citizen of the Philippines, candidate, registeled political party, coalition of pqlitical parties or organizations under fhe party-list system or any accredited ciiizHns"arms of tlle Commission or any lavf enforcement officer.

3.

ii The Complaint shall Form of Complaint and Where to File. Section by the Affidavits of accompanied be shall respondentrand the state the addrq$s of supporting documents to othpr well as the complainant and his witnessesl as establish probable cause. They shall be in such number of coni-1 as there are resp'ondents, plus three (3) copies:for the official file. The Affidavits shall be subscribed an{ sworn to before any prosecutor or government official authorized to administer dath, or in theirr absence or unavailability, before a notary public, each of whom nurt certify that he personally examine the affiants and that he is satisfied that they voluntarily executed and understoofl their Affidavits.

4.

Complaihts, filed upon the initiative of the Commission, may be signed by the Chairman ,'Qf the Commission, or the Director of the Law Department upon

direction of the,Chairman, which must be subscribed and sworn to.

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(a) All election offense Where to File .a Complaint. Section Complaints involving efectoral sabotage, or those where some or all of the respondent/s are COI'4ELEC officials and employees, ;or that the offense involved shall be filed with the Law Depaftment. carries a penalty ' :i- that{is non-bailable,

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offenses involving violqtiori of Batas Pambansa Blg. 881, Republic Act Nos. 7166, 6646,8189, 9189,9369 and other pertinent election laws shall ,ne RteO with the Offices of the Election ,Officers if committed in the Ndtional Capitgl Region,' Provincial Election Superyisors or Regional Election Directors, wheii,e the,offense was committed or any of its essential elements took
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(b)

'l']' otn"r election

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wl'tere one or some of the respondent/s are COMELEC officials and employees, or that the offense involved carries a penalfiy that is non-bailable, are filed with the Regional Election Directors or Provincial Election Supervipors, or NCR Election j Officers, said officials shall immediately tibnsmit to the Director of the Law iDepartment a copy of the within five (5) days from receipt thereof. Complaint and the supporting

In electqral sabotpge

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cases,

or those

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$ocuments

days from receipt of the Complaint, the investigating officer shall issue a subpoena

Section,-6, Conduct qf Prelininary Investifiation.-(a) Within ten (10)

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ro trre ,.=p.,nq:9ntys, atLaching thereto a copY of the Complaint, AffidaVitS

and

other supporting documents, giving said respondent/s ten (10) days from receipt within wlrich to submit Counter-Affidavits and other supporting documents, The responOent sh[ll have the right to examine all o{her evidence submitted by thecomplainanq! Otherwise, the investigating officer {;hall dismiss the Complaint if he finds no grgpnd to continue with the inQuiry.
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Such Counter-Affidavits and other supporting evidence submitted by be furnished by the latter to the iomplainant. the respondentishall .:

(b) (c)

if subpoenaed, does not peliod, (10) the investigating officer day submit Counteil-Affidavits within the ten shall base his Resolution on the evidence presented by the complainant.
If ;the respondent cannot be subpoenaeQ, o.r

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(d) Ifi the investigating officer believes thbt there are matters to be clarified, i" rnuy set a hearing to propound clarificatoiy questiohs to the partiOs or
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their witnesse$, during which the parties shall be afforded an oppottunity to be present, but vffithout the right to examine or crqs$-examine. If the parties so desire, they miy submit questions to the investigatin$ officer which the latter may propound to thg parties or witnesses ioncerned.
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ihereafter, the investigation shall be de91ed concluded, and the investigating officer shall resolve the case within thifty (30) days therefrom. Upon the evidence thus adduced, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. iii

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Where the respondent isla minor, the investigQting officer shall not conduct preliminary investigation unless the child " rgspondent shall have first the undergone thel requisite proceedings before the Local Social Welfare Development Officer pursuaht to Republic Act No. 9344, otherwise known as the "Juvenile Justice and Weifare Act of 2006!'.

No motion, except on rthe: ground of lack of jurisdiction or request for extension of tiihe to submit Counter-Affidavits shall Qe allowed or granted except on .*..ptioniiiy meritorious cases. Only one (1) {r4otion for Extension to file Counter-AffidaVit for a period not exceeding ten (10) days shall be allowed. The filing of ReplyiAffidavit$ Rejoinder-Affidavits, Memoranda and similar pleadings
are likewise prqhibited,

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When aln issue of a prejudicial question is raised in the Counter-Affidavit, the investigatir;1g officer shall suspend preliminary inyestigation if its existence is satisfactorily qbtablished. All orders suspending the preliminary investigation based on exisdenqe of prejudicial question issued by lhe investigating officer shall

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deteirnining wfi'ether the person should remain in cus'tody and cOrfesplndingl/ be charged in court.

Where tAe respondent is a minor; the inquest ipvestigator shall not conduct an inquest unfess the child respondent shall have undergone the requisite proceedings befo;e the Local Social Welfare Development Officer pursuant to Republic Act No. ?344, otherwise known as the "Juvenile lustice and Welfare Act of 2006".
Unless othqrwise directed by the Commission, the inquest investigator shall

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discharge its fUnctions during the hours of his pesignated assignments and only at the police stations of the PNP or at the .,:office of the inquest investigator.

Inquest i proceedings commences' only upon receipt investigator of the following: ,

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by the

inquest

a.,iAffidavit of Arrest duly subscribed and sworn to before him by the

arresting officer; :,Investigating b. c. t; Sworn Statements of the complainant/s and witness/es, if available; d.'iOther supporting pigces of evidencq gathered by the arresting officer during the course of the investigation,

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The inqriesf investigator shall determine if the brrest of the detained person was made in aqcordance with paragraphs (a) (b) and j(c) of Section 5, Rule 113 of the Rules of Court. The inquest investigator may su4marily examine the arresting officers on theicirrcumstances rurrounding the arres! or the apprehension of the detained person.
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Should tfre inquest investigator, find the arreSt was properly affected, the detained person shall be asked if he desires to avail himself of a preliminary investigation, andlif he does, the consequences thereof must be explained to him adequately.

The detained person, with the assistance of hi,p own counsel, shall then be made to execute ia waiver of the provisions of Article 125 of the Revised Penal Code. Thereafter, the inquest investigator shall set the case for preliminary investigation, Which shall be terminated within fifteen (15) days from the execution of wriivgr.
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Where tflre,detained person does not opt for a preliminary investigation or otherwise refuies to execute the required waiver, tfe inquest investigator shall proceed with the iconduct of inquest proceeding, no(withstanding the absence of counsel, by examining the Sworn Statements/Affidavits of the complainant witnesses and other supporting evidence submitted.
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If the inpuest investigator finds that probable gause exists, he shall prepare the Resolution with the corresponding Information with the corresponding Recommendatign that the same be filed,in court, The inquest must be terminated
within eighteenr(18) hours from the time of the arrelt.
Should therinquest investigator find the arrest was not made in accordance with Rule 1i3 of the Rules of Coutt, he shall:
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a) Recommend the release of the persolr arrested or detained; b) lrepare the Recommendation indicating the reasons for the .i action i c)i Serve the Order of release on the law enforcement officer having custody of the iJetained; d) Direct the office to serve upon the detainee the subpoena or notice of preliminary investigation, logether with copies of the charge sheet or Complaint, Affidavits or Sworn Statements of the complainant and his witness and other supporting evidence; e) Forward Recommendation, together with the record, to the Regional Election Director for appropiiate action.

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Duty of Investigating Officer. Section Th. preliminary investigation within thifty (30) days after receipt of the Counter-Affidavits must be terminated t' and other evidenqe of the respondents, and a Recommendation thereof shall be made. ,il

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(a) Ifrthe investigating officer finds no cause to hold the respondent for trial, he shall recommend dismissal of the Complaint. to hold the respondent for trial, !"re shall prepare the Recommendation, and the corresponding Information wfierein he shall certify under oath lhat he has examined the complainant anO tris witnesses, that there is reasonable ground to believe that a .,1 crime has beed committed and that the accused wa5 informed of the Complaint and of the evidence submitted against him and that [e was given an opportunity to submit controveding
officer finds probable cduse

(b) If the investigating

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evidence.

In either case, the investigating office; shall, within five (5) days from the rendition of his Recommendation, forward the records of the case to:
cases i investigated Departmpntor the Regional ElFction Diiector;

(c)

1) fhe:i Commission En

Banc,

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by the

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2) The ,ff.egional Election Director, in cases investigated by the Assistant

Regional, Election Director, Regional Election Attorney, or Provincial Election Supervisor or any of the Commission's lawyers assigned in the field office.

All Recommendations prepared by the investigating officer shall be held in strict confidencp and shall not be known to the parties, their counsel and/or any of unauthorized pj:rson until the same have been finally acted upon by the Regional Election Director or the Commission and apprgved for,promulgation and release to the parties.

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Any violption of the foregoingl shall subject I the investigating officer to administrative liability, without prejudice to his criminal liability.:
Duty of the Law Depaftment, Regional Election Directors and Section Investigating Officers lJpon Receipt of the Records.

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ir1 the Law Department, the the Recommendation of and evaluate Director of the,,!aw Department shall review investigating officer, prepare a report and make a Recommendation to the, tt'{

(a) In gases investigated by the lawyers

carn,rrission Ei, Eancarrirmingr modifying or reversing the same within a pefi}d 0f thirty (30) dayp from receipt thereof. If the Commibsion En Banc approves the

filing of an Information in court against the respondept/s, the Director of the Law Department shbll prepare and sign the Information for immediate filing with the
appropriate court.
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Director, Regional Election Attorney, Provincial Election Supervisor, Election Officer or the field personneliof the Commission, the Regional Election Director shall review and evaluate the Rpcommendation of said legal officer within a period of thirty (30) days from receipt thereof. If the Recommendation of the investigating officer is approved by the Regional Election. Director, he shail sign the Recommendation and transmit cppies of his approval and the entirei records of the case to the investigating officer concerned for appropriate action.
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(b) In cases investigated by the Assistant iRegional Election

(c) If thd Recommendation of thb investigating,officer to dismiss the case is reversed on the ground thati a probable cause ei<ists, the Regional Election Director shall tiansmit copies gf his Order reversing lthe Recommendation of the investigating officer and the erltire records of the cade to the investigating officer concerned. Up'on receipt thereilf, th-e investigating officer concerned shall prepare the corresponding Information against the respopdent/s without conducting another preliminary investigation and file the same with the proper court. If the Recommendatipn of the investigating officer to file an Information in court is reversed on the ground that a probable cause does not exist, the Regional Election Director shall transmit copies of his Order reversing the Recommendation of the investigdting officer and the entire records of the case to the investigating officer concerned.

(d) In al! cases, the Regionall,Director or the Commission En Bang through the Office of [he Clerk of the Coniinission, shall furnish the Law Department a copy of his Recommendation and/or Resolution, as the case may be, within five (5) days.
Promulgation. In cases investigated by Assistant Regional Election DirectQr, the Regional Election AtLorney, Provincial Election Supervisor or the field personnel of the Commission, the Regional Election Diiector shall furnish the parties or their counsel a copy of the Resolution either by personal service or by registered niail,

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In casesjinvestigated by the Law Department qnd approved/disapproved by the Commission Fn Banc, the Clerk of the Commissiqn shall furnish the parties or their counsel, d copy of the Resolution of the Comnlission En Banc approving or denying the Recommendation either by personal service or by registered mail.
Sectiorl

promulgated

11. Motion for Reconsideration. , .- In Recommendations by the Regional Election Director, j only one (1) Motion for

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Reconsideration, Which shall be filed within fifteen (lS) Oays fr.om the receipt of the Recommeridation, shall be allowed. Motions for Reconsideration shall be resolved withinithifty (30) days from the receipt of the said motion. A Motion for Leave to file a 6econd Motion for Reconsideration is strictly prohibited.

The Motion for Reconsideration shall state clearly and distinctly the grounds relied upon in support thereof, be verified, and accompanied by proof of service to

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the opposing pa\,

and of Payrnent of the fiting'fee in the amoun[ 0f Ong

Thousand Five ill-lundred Pesos (Php1,500.00).

The pendency of the MotiOn for Reconsideratioh shall not suspend the filing of Information,lin Court. Where the Information haq already been filed in court, the Regional Election Director may not give duel course to the Motion for Reconsideration until there is a showing that the movant has filed a motion with the court for suspension of the proceedings, and the court has granted such motion to suspend.
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of the Commission Fn Banc is A Motion for Reconsideration of a Resolution ': prohibited.

A party desiring to appeal from the Section 12. Petition for Review. Recommendati6n of the Regional Election Director niay file a vefified Petition for Review with the Commission En Banc, through tn{ Ofnce of the Clerk of the Commission, Which shall be filed within fifteen (t$) days from receipt of the Recommendation sought to be revlewed or of the.Order denying the Motion for Reconsideratiod, qccompanied by proof that the corresponding appeal fee in the amount of Five;iThousand Pesos (Php5,000.00) has bejen .
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The Petition for Review shall be verified by the petitioner/s and

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contain the following:

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complete names and specific addresses of the parties; the Election Case Number (EO No.), Fact finding Investigation Number (FF INV No), if any and title of the case including the offense charged in the Qomplaint or the vbnue of the preliminary investigation; the specific material dates showing that jt was filed on time; a cleFr and concise statement of the facts, the assignment of errors, and the legal basis of the Petition for Review; proot of service of a copy/ies of the Petiticin for Review to the adverse ParV/ies or counsel and the prosecution office concerned; payment vr ree/ proofi vr of uHt/uqr appeal fee; of HuyrrrlrrL ylvvll the fletitioner sflall append to his Petition a legible duplicate original or certified true copy of the Resolution appealed from; and legibl,e copies of the Complaint, Affidavits/$worn Statements (including their translations, if any, duly certified by the provincial/city prosecutor) parties in preliminary in the prelimina by both i pafties and lother evidence submitted by re-investigation, investigation or

Information;

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Evidenc submitted for the first time on apppal shall not be admitted. A copy of the mcition to defer: proceedings shall likewisp be attached to the Petition when an Inforniation has already been filed in court.
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of the petrcioner to comply-with the,foregoing requifements Shall be sufficient qround for the dismissal thereof. i'i'1 Subiect to its discretion, the Commission Fn Banc may require the adverse party to runriq his comment to the Petition for Review for a period not exceeding iun (f O) days from receipt. Thereafter, the Petition'for Review shatl be deemed submitted for i1 i, Duty of Regional Election Directorto Render Reports. -The Sectiort Reqional Electibn Director shall, within five (5) days from the rendition of his apiroval/disap$roval on the Recommendation of investigating officers, submit a *ritt.n report',ihereof, to the Commission, through. the Law Depaftment. They shall likewise dubmit a nionthly report on the statup of cases filed with and/or prosecuted by tnem or any of their investigating officgrs pursuant to the authority granted them qnder Section 2 of this

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Resplution. i3.

Rule'

prosecutors belonging to other prosecuting arms of the Government with concurrent authority with the Commission shall likeltiise submit a monthly report on the status bf cases filed with and/or prosecuted by them covering election offenses committed within the election period of any election'
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All election offendes cases shall be tried in the Prosecutlon Sectiqn province, city or municipality where the offense was committed or any of its essential elemfnts took place. All prosecutions for election offenses shall be prosecuted under the direct control and supervision of the COMELEC prosecutor.

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conditions as it,imay determine, the Commission may grant immunity from criminal prosecution toi,any person whose testimony or whose possession and production of document oi other evidence may be necessary to determine the truth in any hearing, inquirlr gr proceeding being conduited by the Commission or under its authority, in the performance or in the furtherance of its constitutional functions and statutory {biectives. The immunity granted under this paragraph shall not exempt the withe5s from criminal prosecution for perjury or false testimony'

Section,l5. Immunity from Criminal Prosecution - Under such terms

and

This Resolytion supersedes Rule 34 of Section 16. Repealing Clause. Comelec Resolutions and issuances All other Procedure. the Comelec Rules of fertaining to investigation and prosecution of electioh offenses insofar as may be inconsistJnt hei'ewith are hereby repealed or amendeb accordingly.

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The Education and Information Department Section iT., Dissemination shall furnish cOlpies of this Resolution to the Regiona! Election Directors, Assistant Regional flection Directors, Provincial Electign Superirisors, Election Officers, and give it the Widest possible dissemination. The jEducation and Information fiepartment snbtt,likewise cause the publication of this Resolution in two (2) daily newspapers of ;leneral circulation in the PhilipPines,

:,1-l This Resolution shall Effectivity and Transitory Provisipns. Section f take effect on bt July 2012 after its publication tnig (2) newspapers of general remain unresolved shall be 2012 anl July __ _-.' filed .'.-_ prior circulation. -- 01 r'.-. to '' Corhplaints "-.: | :prior to this amendment. subiect to -- Rule::34 ' '-'-:- of the Comelec Rules of Procedure l' ,i

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AUFUSTO C. LAGMAN t Commissioner

REsoi,lrrron ivo,igl85
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RTTLES .OF PROCEDURES IN TI{E INVESTIGATIOT,{ Ar'ID PROSEOUUON OF ELECTION OFI'EI!SX CAF,I]Si I}i THE

C'lillMIS$IOli Oll ELIIUI]ICilS.

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