Article 88p. 88

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Act,

subject

to

the

provisions

of

the

immediately

succeeding section.

SECTION 8. Indemnification. — The Commission

shall

establish

an

equitable

legal

indemnification

package for persons rendering election service which

shall be in the form of legal assistance and other forms of

legal protection and indemnification for all legal costs

and expenses reasonably incurred by such persons in any

administrative, civil, or criminal action, suit or proceeding

to which they have been made a party by reason of the

performance of their functions or duties, unless they are

finally adjudged in such action or proceeding to be guilty

of an election offense.

The legal assistance and indemnification shall not

cover any action or suit initiated by a person rendering

election service in his or her personal capacity or on

behalf

of

the

Commission,

unless

such

action,

proceeding, or claim was authorized by the Commission.

SECTION 9. Procedure. — The claimants shall file

their

respective

claims

for

legal

assistance

and

indemnification with their respective agencies and shall

secure the approval of their respective heads of agencies

on the terms and conditions of the engagement of

counsel. Private individuals rendering election service

shall file their claims with the Commission.

If the claimant is found not guilty of an election

offense, he or she shall liquidate his or her cash advances

or be allowed reimbursement for reasonable expenses, as

the case may be. However, if the claimant is found to be

guilty of an election offense, he or she shall be denied

reimbursement or if cash advances have been made, he

or she shall return the cash advance made through salary

deduction or reimbursement, as may be applicable.

The funds to be used for the grant of legal assistance

and indemnification shall be drawn from the agency’s

annual appropriation and from the trust fund provided

under this Act.

SECTION 10. Election Offense. — Any person who

makes

or

causes the delay in the payment of the

honoraria and allowances due persons rendering election

service beyond the prescribed period of fifteen (15) days

from the date of election shall be liable for an election

offense.

SECTION 11. Establishment and Administration of a

Trust Fund. — The Commission shall establish a special

trust fund for medical assistance, death benefits, legal

assistance and indemnification as provided under this

Act. The trust fund shall not be used for purposes other

than what are provided for by this Act.

SECTION 12. Appropriation Clause. — The initial

funding of this Act shall be charged against the current

year’s appropriations of the Commission. Thereafter, such

amount

as

may

be

necessary

for

the

continued

implementation of this Act shall be included in the

annual General Appropriations Act.

SECTION 13. Implementing Rules and Regulations.

— Within ninety (90) days from the effectivity of this Act,

the Commission with the assistance of the DepED, Office

of the Solicitor General, Department of Justice, National

Teacher Organizations, Election Monitoring Organizations

and such other civil society organizations as may be

determined

by

the

Commission

shall formulate the

implementing rules and regulations of this Act.

SECTION 14. Transitory Clause. — Within thirty (30)

days after the effectivity of this Act, the Commission shall

determine if it still has material time to implement

Section 3 hereof on the non-compulsory election service

of public school teachers in the 2016 national and local

elections, otherwise the same shall be implemented in

subsequent elections.

SECTION 15. Repealing Clause. — All laws, decrees,

orders, and issuances, or portions thereof, which are

inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly.

SECTION

16.

Separability Clause. — Should any

provision

of

this

Act

or

part

hereof

be

declared

unconstitutional,

the

other

provisions

or

parts

not

affected thereby shall remain valid and effective.

SECTION 17. Effectivity Clause. — This Act shall take

effect

immediately

after

its

publication

in

two

(2)

newspapers of general circulation.

COMELEC Rules of Procedure

As amended by COMELEC Resolution Nos 9523, 9599

COMELEC Rules of Procedures in the Investigation and

Prosecution of Election Offense Cases

February 15, 1993

As amended by:

COMELEC Resolution No. 9523, September 25, 2012

COMELEC Resolution No. 9599, December 21, 2012

Pursuant to Section 6 of Article IX-A and Section 3 of

Article IX-C of the Constitution of the Republic of the

Philippines and the powers vested in it by existing laws,

the Commission on Elections hereby promulgates the

following

rules

governing

pleadings,

practice

and

procedure before it or any of its offices:

PART I INTRODUCTORY PROVISIONS

Rule 1 — Title and Construction

Section 1. Title of the Rules. — These rules shall be

known and cited as the Comelec Rules of Procedure.

Section 2. Applicability . — These rules, except Part VI,

shall apply to all actions and proceedings brought before

the Commission. Part VI shall apply to election contests

and quo warranto cases cognizable by courts of general

jurisdiction.

Section 3. Construction. — These rules shall be

liberally construed in order to promote the effective and

efficient implementation of the objectives of ensuring

the holding of free, orderly, honest, peaceful and credible

elections and to achieve just, expeditious and inexpensive

determination

and

disposition

of

every

action

and

proceeding brought before the Commission.

Section 4. Suspension of the Rules . — In the interest

of justice and in order to obtain speedy disposition of all

matters pending before the Commission, these rules or

any

portion

thereof

may

be

suspended

by

the

Commission.

Section 5. Meaning of Words . — Whenever used in

these Rules, the following words or terms shall mean:

(a) Commission — the Commission on Elections

(b) Division — a Division of the Commission on

Elections

(c) Chairman — the Chairman of the Commission on

Elections

(d)

Commissioner

—

a

Commissioner

of

the

Commission on Elections

(e) Member — the Chairman or a Commissioner

(f) Ordinary Actions — shall refer to Election Protests,

Quo warranto, and Appeals from decisions of courts in

election protest cases

(g) Special Actions — shall refer to Petitions to deny

course to certificate of candidacy, to declare a candidate

as a nuisance candidate, to disqualify a candidate or to

postpone or suspend an election

(h) Special Cases — shall refer to Pre-proclamation

cases

© Compiled by RGL

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