Professional Documents
Culture Documents
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Republic of the Philippines
COMMISSION ON ELECTIONS
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Manila
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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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WHEREAS, '|
i,.li t it is also imperative to standalrdize the investigative and
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Rules of Brocedure: and to adopt the following rules and guidelines on the
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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.
$ocuments
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ro trre ,.=p.,nq:9ntys, atLaching thereto a copY of the Complaint, AffidaVitS and
other supporting documents, giving said respondent/s ten (10) days from receipt
within wlrich to submit Counter-Affidavits and other supporting documents, The
responOent sh[ll have the right to examine all o{her evidence submitted by
thecomplainanq! Otherwise, the investigating officer {;hall dismiss the Complaint if
he finds no grgpnd to continue with the inQuiry. i
(d) Ifi the investigating officer believes thbt there are matters to be
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clarified, i" rnuy set a hearing to propound clarificatoiy questiohs to the partiOs or
their witnesse$, 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
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
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.
(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:
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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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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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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' ,
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.
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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
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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
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