Article 104p. 104

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

non-partisan watchers and substitute watchers therein

during the entire electoral exercise.

Section 9. Appointment of Watchers by Election

Registrars. — Unless the impartiality or non-partisanship

of the members concerned is questioned in writing, the

Election

Registrar

shall

extend

the

corresponding

appointments to such members as poll watchers stating

therein the precincts to which they are assigned. The

members so appointed shall have the same duties,

functions, and rights as watchers of registered political

parties, organization or coalition of political parties.

Section

10.

Revocation of Accreditation. — The

accreditation of any group, association or organization as

Citizens' Army may be revoked by the Commission after

notice and hearing, whenever it shows or acts with

partiality in any political issue or to any political party,

organization

or

coalition

of

political

parties,

or

has

performed acts in excess of its duties and functions as

provided

by

law,

or

has failed to comply with the

conditions imposed upon it in the decision granting

accreditation.

Section

11.

Expiration

of

Accreditation.

—

The

accreditation shall automatically lapse at the end of the

election period of the political exercise for which the

petitioner was accredited as citizens' arm.

G. ELECTION OFFENSES

Rule 34 — Prosecution of Election Offenses

Section 1. Authority of the Commission to Prosecute

Election Offenses. — The Commission shall have the

exclusive power 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.

Section 2. Continuing Delegation of Authority to

Other Prosecution Arms of the Government . — The

Chief State Prosecutor, all Provincial and City Fiscals,

and/or

their

respective

assistants

are

hereby

given

continuing authority, as deputies of the Commission, 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

or

its

duly

authorized

representatives

and

to

prosecute

the

same.

Such

authority may be revoked or withdrawn any time by the

Commission whenever in its judgment such revocation or

withdrawal is necessary to protect the integrity of the

Commission, promote the common good, or when it

believes that successful prosecution of the case can be

done by the Commission.

Section 3. Initiation of Complaint. — Initiation of

complaint

for

election offenses may be done motu

proprio by the Commission, or upon written complaint by

any

citizen

of

the

Philippines,

candidate,

registered

political

party,

coalition

of

political

parties

or

organizations

under

the

partylist

system

or

any

accredited citizens arms of the Commission.

Section 4. Form of Complaint and Where to File. —

(a) When not initiated motu proprio by the Commission,

the

complaint

must

be

verified

and

supported

by

affidavits

and/or

any

other

evidence.

Motu

proprio

complaints may be signed by the Chairman of the

Commission, or the Director of the Law Department upon

direction of the Chairman, and need not be verified;

(b)

The

complaint

shall

be

filed

with

the

Law

Department of the Commission; or with the offices of the

Election Registrars, Provincial Election Supervisors or

Regional

Election Directors, or the State Prosecutor,

Provincial Fiscal or City Fiscal. If filed with any of the latter

three (3) officials, investigation thereof may be delegated

to any of their assistants.

(c) If filed with the Regional Election Directors or

Provincial

Election

Supervisors,

said

officials

shall

immediately furnish the Director of the Law Department

a copy of the complaint and the supporting documents,

and inform the latter of the action taken thereon.

Section 5. Referral for Preliminary Investigation. — if

the

complaint

is

initiated

motu

proprio

by

the

Commission, or is filed with the Commission by any

aggrieved

party,

it

shall

be

referred

to

the

Law

Department

for

investigation. Upon direction of the

Chairman

of

the

Commission,

the

preliminary

investigation may be delegated to any lawyer of said

Department, or to any of the Regional Election Directors

or Provincial Election Supervisors, or any lawyer of the

Commission .

Section 6. Conduct of Preliminary Investigation. —

(a) If on the basis of the complaint, affidavits and the

supporting evidence, the investigating officer finds no

ground to continue with the inquiry, he shall recommend

the dismissal of the complaint and shall follow the

procedure

prescribed

in

Section

8(c)

of

this

Rule.

Otherwise, he shall issue a subpoena to the respondent,

attaching thereto a copy of the complaint, affidavits and

other supporting documents giving said respondent 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.

(b)

Such

counter-affidavits and other supporting

evidence submitted by the respondent shall be furnished

by him to the complainant.

(c) If the respondent cannot be subpoenaed, or if

subpoenaed, doe not submit counter-affidavits within

the ten day period, the investigating officer shall base his

resolution on the evidence presented by the complainant.

(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 ten (10) 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.

Section 7. Presumption of Existence of Probable

Cause . — A complaint initiated motu propio by the

Commission

is presumed to be based on sufficient

probable

cause

and

the

investigating

officer

must

forthwith

issue

the

subpoena

mentioned

in

the

immediately preceding section.

Section 8. Duty of Investigating Officer. — The

preliminary

investigation

must be terminated within

twenty (20) days after receipt of the counter-affidavits

and other evidence of the respondents, and resolution

thereof shall be made within five (5) days thereafter.

(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 cause to hold the

respondent for trial, he shall prepare the resolution, 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:

© Compiled by RGL

104 of 104