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Republic of the Philippines
COMMISSION ON ELECTIONS
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Manila

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RULES OF I,iPROCEDURES rN THE


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BRILUNTE Sirto 5. Jr., Chairhan
SARMIiFNTO, Rene V., com#issioner
TNVESTTGATION AND PROSECUTION TAGL7 Lucenito N., conlAhgbner
OF ELECTION;,'QrreNSE CASES IN THE VEUSCO, Armando C., co,rLnMoner
YUSQP,H, Elias R., cbrdDnrssrbner
coMMrssroN oN ELECTTONS. ,

LIM, C,hristian Robert 5.,


-------------- -il- - - - -.- - - - : - - - - - - - - - - - -- ----- x UGMAN, Augusto C.
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PROM(JLGATED
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Apri 1 13,2012 "wx";
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RESOLUTION.NO.
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the COMELEC Rules of Procedures entitled "Prosecufion of Election Offenses" to


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reconcile somei,conflicts, inconsistencies and ambiguities with other prevailing laws
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and.rules; i.lt '
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WHEREAS, '|
i,.li t it is also imperative to standalrdize the investigative and
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prosecutorial Works,in the Commission on Electionq in a unified and simplified

NOW; TIIEREFORE, the Commission on Elections, pursuant to the authority


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vested in it unijer the Constitution and other ilertinent election laws, RESOLVED,
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as it Brsol-vEs to approve the arhendm"hts in Rule 34 of COMELEC
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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:

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Sectjon 1.Authority of the Commission to'Prosecute Election Offenses.


The Coinmibsionishall ,have the cdncurrent authilr,ity with other prosecuting
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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 *
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 provincial Election Supervisors, $egional Election Attorneys,
CiruCnlb, .
Assistant Regional Election Directors, Regional Election Directors and lawyers of
the Law Oepirtment are author:ized to conduct irreliminary investigation of
Complaints inv(2lving electiog offenses under the election laws which may be filed
direcuy w th thpmr or which$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
protect the
pruLeLt LIlts integrity of th$
lllLqgllLy ul Commission, vr
Ll l\5' \.tJlllllllJJltJll, YYrrurr, rr verrvvvJ that
or when,.it.,believes Lrrql. successful
prosecution of the case can be done by other lawyers in the Commission.

Section 3. Initiation of Complaint Initiation of Complaints for election


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offenses may ,Oe done upon the initiative ofthe Cgmmission; or uporl written
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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.
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Section 4. Form of Complaint and Where to File. The Complaint shall
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state the addrq$s of the respondentrand shall be accompanied by the Affidavits of
the complainant and his witnessesl as well as othpr supporting documents to
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.

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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Section
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5. Where to File .a Complaint. --


(a) All election offense
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
carries a penalty shall be filed with the Law Depaftment.
' :i- that{is non-bailable, :

(b) 'l']'otn"r election


RIJ 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
Place'
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In electqral sabotpge cases, wl'tere one or some of the
or those
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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
Complaint and the supporting within five (5) days from receipt thereof.
$ocuments
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Section,-6, Conduct qf Prelininary Investifiation.-(a) Within ten (10)


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

(b) Such Counter-Affidavits and other supporting evidence submitted by


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

(d) Ifi the investigating officer believes thbt there are matters to be
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clarified, i" rnuy set a hearing to propound clarificatoiy questiohs to the partiOs or
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. i
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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.
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Where the respondent isla minor, the investigQting officer shall not conduct
the preliminary investigation unless the child " rgspondent shall have first
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!'.
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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
deteirnining wfi'ether the person should remain in cus'tody and cOrfesplndingl/ be
charged in court.
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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".
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Unless othqrwise directed by the Commission, the inquest investigator shall
discharge its fUnctions during the hours of his pesignated assignments and only at
.,:office of the inquest investigator.
the police stations of the PNP or at the

Inquest i proceedings commences' only upon receipt


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by the inquest
investigator of the following: , .

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a.,iAffidavit of Arrest duly subscribed and sworn to before him by the
arresting officer;
b. :,InvestigatingReport; i

c. t; Sworn Statements of the complainant/s and witness/es, if


available;and :

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
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detained person.

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. i

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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. i

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
taken;
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c)i Serve the Order of release on the law enforcement officer having
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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.

Section 8. Duty of Investigating Officer. Th. preliminary investigation


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must be terminated
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within thifty (30) days after receipt of the Counter-Affidavits
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.
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(b) If the investigating officer finds probable cduseto 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
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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 evidence. I

(c) In either case, the investigating office; shall, within five (5) days
from the rendition of his Recommendation, forward the records of the case to:

1) fhe:i Commission En Banc, in '

cases i investigated by the Law


Departmpntor the Regional ElFction Diiector; o;
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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.
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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.:

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Section Duty of the Law Depaftment, Regional Election Directors and


Investigating Officers lJpon Receipt of the Records.
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(a) In gases investigated by the lawyers ir1 the Law Department, the
Director of the,,!aw Department shall review and evaluate the Recommendation of
investigating officer, prepare a report and make a Recommendation to the,
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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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(b) In cases investigated by the Assistant iRegional Election 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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(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.
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Section f 0. Promulgation. In cases investigated by Assistant Regional


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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,

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.
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Sectiorl 11. Motion for Reconsideration. , .- In Recommendations
promulgated by the Regional Election Director, j only one (1) Motion for
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
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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).
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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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A Motion for Reconsideration of a Resolution of the Commission Fn Banc is


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prohibited.

A party desiring to appeal from the


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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
'l oaid.
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The Petition for Review shall be verified by the petitioner/s and


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shall
contain the following:
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1. complete names and specific addresses of the parties;


2. 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 Information; i

3. the vbnue of the preliminary investigation; i

4. the specific material dates showing that jt was filed on time;


5. a cleFr and concise statement of the facts, the assignment of errors,
and the legal basis of the Petition for Review;
6. proot of service of a copy/ies of the Petiticin for Review to the adverse
ParV/ies or counsel and the prosecution office concerned;
7.
t t proofi vr
ylvvll payment vr
of HuyrrrlrrL of uHt/uqr
appeal fee;
ree/
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B. the fletitioner sflall append to his Petition a legible duplicate original or


certified true copy of the Resolution appealed from; and
9. legibl,e copies of the Complaint, Affidavits/$worn Statements (including
their translations, if any, duly certified by the provincial/city prosecutor)
and lother evidence submitted by by both i pafties in the prelimina
parties in preliminary
investigation or re-investigation,
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Evidenc submitted for the first time on apppal shall not be admitted. A
copy of the mcition to defer: proceedings shall likewisp be attached to the Petition
when an Inforniation has already been filed in court. I
rn" 1q;lulre of the petrcioner to comply-with the,foregoing requifements Shall
be sufficient qround for the dismissal thereof.
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Subiect to its discretion, the Commission Fn Banc may require the adverse
party to runriq his comment to the Petition for Review for a period not exceeding
iun (f O) days from receipt. Thereafter, the Petition'for Review shatl be deemed
submitted for Resplution.
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Sectiorti3. Duty of Regional Election Directorto Render Reports. -The
Reqional Electibn Director shall, within five (5) days from the rendition of his
apiroval/disap$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 Rule' ,

prosecutors belonging to other prosecuting arms of the Government with


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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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Sectiqn i4.
Prosecutlon All election offendes cases shall be tried in the
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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.

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


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'
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Section 16. Repealing Clause. This Resolytion supersedes Rule 34 of


the Comelec Rules of Procedure. All
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other Comelec Resolutions and issuances
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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Section iT., Dissemination -The Education and Information Department


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, i

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Section f 8.
Effectivity and Transitory Provisipns. This Resolution shall
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take effect on bt July 2012 after its publication tnig (2) newspapers of general
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circulation.
'' Corhplaints
"-.: r'.-. to
.'.-_ prior
filed -- 01 _-.' 2012 anl| remain unresolved shall be
July __
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subiect to ' '-'-:- of the Comelec Rules of Procedure prior to this amendment.
-- Rule::34
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AUFUSTO C. LAGMAN
t Commissioner

REsoi,lrrron ivo,igl85 RTTLES .OF PROCEDURES IN TI{E


INVESTIGATIOT,{ Ar'ID PROSEOUUON
OF ELECTION OFI'EI!SX CAF,I]Si I}i THE
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: C'lillMIS$IOli Oll ELIIUI]ICilS. j


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