April 13, 2012

COMELEC RESOLUTION NO. 9386

RULES OF PROCEDURES IN THE INVESTIGATION AND PROSECUTION OF

ELECTION OFFENSE CASES IN THE COMMISSION ON ELECTIONS

WHEREAS, there is a need to reconstruct, reform and amend Rule 34 of

the COMELEC Rules of Procedures entitled "Prosecution of Election Offenses"
to reconcile some conflicts, inconsistencies and ambiguities with other
prevailing laws and rules;
WHEREAS, it is also imperative to standardize the investigative and
prosecutorial works in the Commission on Elections in a unified and simplified
manner and in harmony with existing laws;
WHEREAS, the reconstructed, reformed and amended Rule 34 shall
provide updated and simplified procedural guidelines in the investigation and
prosecution of election offenses;
NOW, THEREFORE, the Commission on Elections, pursuant to the
authority vested in it under the Constitution and other pertinent election
laws, RESOLVED, as it hereby RESOLVES to approve the amendments in Rule
34 of COMELEC Rules of Procedure and to adopt the following rules and
guidelines on the investigation and prosecution of election offenses, to wit:
SECTION 1. Authority of the Commission to Prosecute Election
Offenses. — The Commission shall have the concurrent authority with other
prosecuting arms of the government to conduct preliminary investigation of
all election offenses punishable under the election laws and to prosecute the
same, except as may otherwise be provided by law. aDIHCT

SECTION 2. Authority of COMELEC Lawyers to Investigate and

Prosecute. — All lawyers in the Commission who are Election Officers in the
National Capital Region ("NCR"), Provincial Election Supervisors, Regional
Election Attorneys, Assistant Regional Election Directors, Regional Election
Directors and lawyers of the Law Department are authorized to conduct
preliminary investigation of Complaints involving election offenses under the
election laws which may be filed directly with them, or which may be
indorsed to them by the Commission.
Such authority may be revoked or withdrawn any time by the
Commission whenever in its sound judgment such revocation or withdrawal is
necessary to protect the integrity of the Commission, or when it believes that
successful prosecution of the case can be done by other lawyers in the
Commission.
SECTION 3. Initiation of Complaint. — Initiation of Complaints for
election offenses may be done upon the initiative of the Commission, or upon
written Complaint by any citizen of the Philippines, candidate, registered
political party, coalition of political parties or organizations under the party-list
system or any accredited citizens' arms of the Commission or any law
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 enforcement officer.
SECTION 4. Form of Complaint and Where to File. — The Complaint shall
state the address of the respondent and shall be accompanied by the
Affidavits of the complainant and his witnesses, as well as other supporting
documents to establish probable cause. They shall be in such number of copies
as there are respondents, plus three (3) copies for the official file. The
Affidavits shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or in their absence or
unavailability, before a notary public, each of whom must certify that he
personally examine the affiants and that he is satisfied that they voluntarily
executed and understood their Affidavits.
Complaints, filed upon the initiative of the Commission, may be signed
by the Chairman of the Commission, or the Director of the Law Department
upon direction of the Chairman, which must be subscribed and sworn to.
SECTION 5. Where to File a Complaint. — (a) All election offense
Complaints involving electoral sabotage, or those where some or all of the
respondent/s are COMELEC officials and employees, or that the offense
involved carries a penalty that is non-bailable, shall be filed with the Law
Department. CHDTEA

(b) All other election offenses involving violation of Batas Pambansa Blg.
881, Republic Act Nos. 7166, 6646, 8189, 9189, 9369 and other pertinent
election laws shall be filed with the Offices of the Election Officers if
committed in the National Capital Region, Provincial Election Supervisors or
Regional Election Directors, where the offense was committed or any of its
essential elements took place.
In electoral sabotage cases, or those where one or some of the
respondent/s are COMELEC officials and employees, or that the offense
involved carries a penalty that is non-bailable, are filed with the Regional
Election Directors or Provincial Election Supervisors, or NCR Election Officers,
said officials shall immediately transmit to the Director of the Law
Department a copy of the Complaint and the supporting documents within
five (5) days from receipt thereof.
SECTION 6. Conduct of Preliminary Investigation. — (a) Within ten (10)
days from receipt of the Complaint, the investigating officer shall issue a
subpoena to the respondent/s, attaching thereto a copy of the Complaint,
Affidavits and other supporting documents, giving said respondent/s ten (10)
days from receipt within which to submit Counter-Affidavits and other
supporting documents. The respondent shall have the right to examine all
other evidence submitted by the complainant. Otherwise, the investigating
officer shall dismiss the Complaint if he finds no ground to continue with the
inquiry.
(b) Such Counter-Affidavits and other supporting evidence submitted by
the respondent shall be furnished by the latter to the complainant.
(c) If the respondent cannot be subpoenaed, or if subpoenaed, does not
submit Counter-Affidavits within the ten (10)-day period, the investigating
officer shall base his Resolution on the evidence presented by the
complainant.
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 (d) If the investigating officer believes that there are matters to be
clarified, he may set a hearing to propound clarificatory questions to the
parties or their witnesses, during which the parties shall be afforded an
opportunity to be present, but without the right to examine or cross-examine.
If the parties so desire, they may submit questions to the investigating officer
which the latter may propound to the parties or witnesses concerned.
(e) Thereafter, the investigation shall be deemed concluded, and the
investigating officer shall resolve the case within thirty (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.
Where the respondent is a minor, the investigating officer shall not
conduct the preliminary investigation unless the child respondent shall have
first undergone the requisite proceedings before the Local Social Welfare
Development Officer pursuant to Republic Act No. 9344, otherwise known as
the "Juvenile Justice and Welfare Act of 2006". THIcCA

No motion, except on the ground of lack of jurisdiction or request for

extension of time to submit Counter-Affidavits shall be allowed or granted
except on exceptionally meritorious cases. Only one (1) Motion for Extension
to file Counter-Affidavit for a period not exceeding ten (10) days shall be
allowed. The filing of Reply-Affidavits, Rejoinder-Affidavits, Memoranda and
similar pleadings are likewise prohibited.
A Memorandum, Manifestation or Motion to Dismiss is a prohibitive
pleading and cannot take the place of a Counter-Affidavit unless the same is
made by the respondent himself and verified.
When an issue of a prejudicial question is raised in the Counter-Affidavit,
the investigating officer shall suspend preliminary investigation if its
existence is satisfactorily established. All orders suspending the preliminary
investigation based on existence of prejudicial question issued by the
investigating officer shall have the written approval of the Regional Election
Director or the Director of the Law Department, as the case may be.
SECTION 7. Inquest Proceedings. — Where a person has been arrested
and detained for committing an election offense without the benefit of a
warrant of arrest issued by court, an inquest shall be conducted for the
purpose of determining whether the person should remain in custody and
correspondingly be charged in court.
Where the respondent is a minor, the inquest investigator shall not
conduct an inquest unless the child respondent shall have undergone the
requisite proceedings before the Local Social Welfare Development Officer
pursuant to Republic Act No. 9344, otherwise known as the "Juvenile Justice
and Welfare Act of 2006".
Unless otherwise directed by the Commission, the inquest investigator
shall discharge its functions during the hours of his designated assignments
and only at the police stations of the PNP or at the office of the inquest
investigator.
Inquest proceedings commences only upon receipt by the inquest
investigator of the following:
a. Affidavit of Arrest duly subscribed and sworn to before him by the
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 arresting officer;
b. Investigating Report;
c. Sworn Statements of the complainant/s and witness/es, if available;
and SIHCDA

d. Other supporting pieces of evidence gathered by the arresting officer

during the course of the investigation.
The inquest investigator shall determine if the arrest of the detained
person was made in accordance with paragraphs (a), (b) and (c) of Section 5,
Rule 113 of the Rules of Court. The inquest investigator may summarily
examine the arresting officers on the circumstances surrounding the arrest or
the apprehension of the detained person.
Should the inquest investigator, find the arrest was properly effected,
the detained person shall be asked if he desires to avail himself of a
preliminary investigation, and if he does, the consequences thereof must be
explained to him adequately.
The detained person, with the assistance of his own counsel, shall then
be made to execute a 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 waiver.

Where the detained person does not opt for a preliminary investigation
or otherwise refuses to execute the required waiver, the inquest investigator
shall proceed with the conduct of inquest proceeding, notwithstanding the
absence of counsel, by examining the Sworn Statements/Affidavits of the
complainant witnesses and other supporting evidence submitted.
If the inquest investigator finds that probable cause exists, he shall
prepare the Resolution with the corresponding Information with the
corresponding Recommendation that the same be filed in court. The inquest
must be terminated within eighteen (18) hours from the time of the arrest.
Should the inquest investigator find the arrest was not made in
accordance with Rule 113 of the Rules of Court, he shall:
a) Recommend the release of the person arrested or detained;
b) Prepare the Recommendation indicating the reasons for the action
taken;
c) Serve the Order of release on the law enforcement officer having
custody of the detained; HIESTA

d) Direct the office to serve upon the detainee the subpoena or notice of
preliminary investigation, together 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 appropriate action.
SECTION 8. Duty of Investigating Officer. — The preliminary
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 investigation must be terminated within thirty (30) days after receipt of the
Counter-Affidavits and other evidence of the respondents, and a
Recommendation thereof shall be made.
(a) If the investigating officer finds no cause to hold the respondent for
trial, he shall recommend dismissal of the Complaint.
(b) If the investigating officer finds probable cause to hold the
respondent for trial, he shall prepare the Recommendation, and the
corresponding Information wherein he shall certify under oath that
he has examined the complainant and his witnesses, that there is
reasonable ground to believe that a crime has been committed and
that the accused was informed of the Complaint and of the
evidence submitted against him and that he was given an
opportunity to submit controverting evidence.
(c) In either case, the investigating officer shall, within five (5) days
from the rendition of his Recommendation, forward the records of
the case to:
1) The Commission En Banc, in cases investigated by the Law
Department or the Regional Election Director; or
2) The Regional 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 confidence and shall not be known to the parties, their counsel and/or
any of unauthorized person until the same have been finally acted upon by
the Regional Election Director or the Commission and approved for
promulgation and release to the parties.
Any violation of the foregoing shall subject the investigating officer to
administrative liability, without prejudice to his criminal liability. DcaCSE

SECTION 9. Duty of the Law Department, Regional Election Directors

and Investigating Officers Upon Receipt of the Records. —
(a) In cases investigated by the lawyers in the Law Department, the
Director of the Law Department shall review and evaluate the
Recommendation of investigating officer, prepare a report and
make a Recommendation to the Commission En Banc affirming,
modifying or reversing the same within a period of thirty (30) days
from receipt thereof. If the Commission En Banc approves the
filing of an Information in court against the respondent/s, the
Director of the Law Department shall prepare and sign the
Information for immediate filing with the appropriate court.
(b) In cases investigated by the Assistant Regional Election Director,
Regional Election Attorney, Provincial Election Supervisor, Election
Officer or the field personnel of the Commission, the Regional
Election Director shall review and evaluate the Recommendation
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 shall sign the
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 Recommendation and transmit copies of his approval and the
entire records of the case to the investigating officer concerned for
appropriate action.
(c) If the Recommendation of the investigating officer to dismiss the
case is reversed on the ground that a probable cause exists, the
Regional Election Director shall transmit copies of his Order
reversing the Recommendation of the investigating officer and the
entire records of the case to the investigating officer concerned.
Upon receipt thereof, the investigating officer concerned shall
prepare the corresponding Information against the respondent/s
without conducting another preliminary investigation and file the
same with the proper court. If the Recommendation 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 investigating officer and the entire records
of the case to the investigating officer concerned.
(d) In all cases, the Regional Director or the Commission En Banc,
through the Office of the Clerk of the Commission, shall furnish
the Law Department a copy of his Recommendation and/or
Resolution, as the case may be, within five (5) days. DISTcH

SECTION 10. Promulgation. — In cases investigated by Assistant

Regional Election Director, the Regional Election Attorney, Provincial Election
Supervisor or the field personnel of the Commission, the Regional Election
Director shall furnish the parties or their counsel a copy of the Resolution
either by personal service or by registered mail.
In cases investigated by the Law Department and approved/disapproved
by the Commission En Banc, the Clerk of the Commission shall furnish the
parties or their counsel, a copy of the Resolution of the Commission En Banc
approving or denying the Recommendation either by personal service or by
registered mail.
SECTION 11. Motion for Reconsideration. — In Recommendations
promulgated by the Regional Election Director, only one (1) Motion for
Reconsideration, which shall be filed within fifteen (15) days from the receipt
of the Recommendation, shall be allowed. Motions for Reconsideration shall be
resolved within thirty (30) days from the receipt of the said motion. A Motion
for Leave to file a second 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 the opposing party, and of payment of the filing fee in the
amount of One Thousand Five Hundred Pesos (Php1,500.00).
The pendency of the Motion for Reconsideration shall not suspend the
filing of Information in Court. Where the Information has already been filed in
court, the Regional Election Director may not give due 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.
A Motion for Reconsideration of a Resolution of the Commission En Banc
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 A Motion for Reconsideration of a Resolution of the Commission En Banc
is prohibited.
SECTION 12. Petition for Review. — A party desiring to appeal from the
Recommendation of the Regional Election Director may file a verified Petition
for Review with the Commission En Banc, through the Office of the Clerk of
the Commission, which shall be filed within fifteen (15) days from receipt of
the Recommendation sought to be reviewed or of the Order denying the
Motion for Reconsideration, accompanied by proof that the corresponding
appeal fee in the amount of Five Thousand Pesos (Php5,000.00) has been
paid. CHDTEA

The Petition for Review shall be verified by the petitioner/s and shall
contain the following:
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 Complaint or Information;
3. the venue of the preliminary investigation;
4. the specific material dates showing that it was filed on time;
5. a clear and concise statement of the facts, the assignment of errors,
and the legal basis of the Petition for Review;
6. proof of service of a copy/ies of the Petition for Review to the adverse
party/ies or counsel and the prosecution office concerned;
7. proof of payment of appeal fee;
8. the petitioner shall append to his Petition a legible duplicate original
or certified true copy of the Resolution appealed from; and
9. legible copies of the Complaint, Affidavits/Sworn Statements
(including their translations, if any, duly certified by the
provincial/city prosecutor) and other evidence submitted by both
parties in the preliminary investigation or re-investigation.
Evidence submitted for the first time on appeal shall not be admitted. A
copy of the motion to defer proceedings shall likewise be attached to the
Petition when an Information has already been filed in court.
The petitioner shall also submit together with the Petition, a
Certification under Oath that he has not commenced any other action
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or agency. If there is such
other action or proceedings, he must state the status of the same and if he
should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency thereof within five (5) days from the
knowledge thereof. AIHTEa

The failure of the petitioner to comply with the foregoing requirements

shall be sufficient ground for the dismissal thereof.
Subject to its discretion, the Commission En Banc may require the
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 adverse party to submit his comment to the Petition for Review for a period
not exceeding ten (10) days from receipt. Thereafter, the Petition for Review
shall be deemed submitted for Resolution.
SECTION 13. Duty of Regional Election Director to Render Reports. —
The Regional Election Director shall, within five (5) days from the rendition of
his approval/disapproval on the Recommendation of investigating officers,
submit a written report thereof, to the Commission, through the Law
Department. They shall likewise submit a monthly report on the status of
cases filed with and/or prosecuted by them or any of their investigating
officers pursuant to the authority granted them under Section 2 of this Rule.
Prosecutors belonging to other prosecuting arms of the Government
with concurrent authority with the Commission shall likewise submit a
monthly report on the status of cases filed with and/or prosecuted by them
covering election offenses committed within the election period of any
election.
SECTION 14. Prosecution. — All election offenses cases shall be tried in
the province, city or municipality where the offense was committed or any of
its essential elements took place. All prosecutions for election offenses shall
be prosecuted under the direct control and supervision of the COMELEC
prosecutor.
SECTION 15. Immunity from Criminal Prosecution. — Under such terms
and conditions as it may determine, the Commission may grant immunity
from criminal prosecution to any person whose testimony or whose possession
and production of document or other evidence may be necessary to determine
the truth in any hearing, inquiry or proceeding being conducted by the
Commission or under its authority, in the performance or in the furtherance of
its constitutional functions and statutory objectives. The immunity granted
under this paragraph shall not exempt the witness from criminal prosecution
for perjury or false testimony.
SECTION 16. Repealing Clause. — This Resolution supersedes Rule 34 of
the Comelec Rules of Procedure. All other Comelec Resolutions and issuances
pertaining to investigation and prosecution of election offenses insofar as may
be inconsistent herewith are hereby repealed or amended accordingly. DaCTcA

SECTION 17. Dissemination. — The Education and Information

Department shall furnish copies of this Resolution to the Regional Election
Directors, Assistant Regional Election Directors, Provincial Election Supervisors,
Election Officers, and give it the widest possible dissemination. The Education
and Information Department shall likewise cause the publication of this
Resolution in two (2) daily newspapers of general circulation in the
Philippines.
SECTION 18. Effectivity and Transitory Provisions. — This Resolution
shall take effect on 01 July 2012 after its publication in two (2) newspapers of
general circulation. Complaints filed prior to 01 July 2012 and remain
unresolved shall be subject to Rule 34 of the Comelec Rules of Procedure prior
to this amendment.

(SGD.) SIXTO S. BRILLANTES, JR.

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 Chairman
Commission on Elections

(SGD.) RENE V. SARMIENTO

Commissioner
Commission on Elections

(SGD.) LUCENITO N. TAGLE

Commissioner
Commission on Elections

(SGD.) ARMANDO C. VELASCO

Commissioner
Commission on Elections

(SGD.) ELIAS R. YUSOPH

Commissioner
Commission on Elections

(SGD.) CHRISTIAN ROBERT S. LIM

Commissioner
Commission on Elections

AUGUSTO C. LAGMAN
Commissioner
Commission on Elections
Published in The Philippine Star on April 17, 2012.

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