Rules of Procedure - Part V - Rule 34

Sec. 1. Authority of the Commission to prosecute election offenses

Sec. 2. Continuing delegation of authority to other prosecution arms of the government

Sec. 3. Initiation of complaint

Sec. 4. Form of complaint and where to file

Sec. 5. Referral for preliminary investigation

Sec. 6. Conduct of preliminary investigation

Sec. 7. Presumption of existence of probable cause

Sec. 8. Duty of investigating officer

Sec. 9. Duty of the Law Department, State Prosecutor, Provincial or City Fiscal upon receipt of records

Sec. 10. Appeals from the action of the State Prosecutor, Provincial or City Fiscal

Sec. 11. Duty of State Prosecutor, Provincial or City Fiscal to render reports

Sec. 12. Private prosecutor

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.

Sec. 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 Such authority may be revoked or withdrawn any time by the Commission whenever in its judgment such revocation or withdrawal is necessary to protect the integrity of the Commission, promote the common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.

Sec. 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.

Sec. 4. Form of Complaint and Where to File. -

1. 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;


2. 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.


3. 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.

Sec. 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.

Sec. 6. Conduct of Preliminary Investigation. -

1. 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.


2. Such counter-affidavits and other supporting evidence submitted by the respondent shall be furnished by him to the complainant.


3. 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.


4. 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.


5. 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.

Sec. 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.

Sec. 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.

1. If the investigating officer finds no cause to hold the respondent for trial, he shall recommend dismissal of the complaint.


2. 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.


3. 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 Director of the Law Department of the Commission in cases investigated by any of the Commission lawyers or filed personnel, and


2. The State Prosecutor, Provincial Fiscal or City Fiscal, as the case may be, pursuant to the continuing authority provided for in Section 2 of this Rule.

Sec. 9. Duty of the Law Department, State Prosecutor, Provincial or City Fiscal Upon Receipt of Records. -

1. Within ten (10) days from receipt of the records stated in paragraph (c) of the immediately preceding section, the State Prosecutor, Provincial or City Fiscal shall take appropriate action thereon, immediately informing the parties of said action.


2. In cases investigated by the lawyers or the field personnel of the Commission, the Director of the Law Department shall review and evaluate the recommendation of said legal officer, prepare a report and make a recommendation to the Commission affirming, modifying or reversing the same shall be included in the agenda of the succeeding meeting en banc of the Commission. If the Commission 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.


3. In all other cases, if the recommendation to dismiss or the resolution to file the case in court is approved by State Prosecutor, Provincial or City Fiscal, they shall likewise approve the Information prepared and immediately cause its filing with the proper court.


4. If the recommendation to dismiss is reversed on the ground that a probable cause exists, the State Prosecutor, or the Provincial or City Fiscal, may, by himself prepare and file the corresponding information against the respondent or direct any of his assistants to do so without conducting another preliminary investigation.

Sec. 10. Appeals from the Action of the State Prosecutor, Provincial or City Fiscal. - Appeals from the resolution of the State Prosecutor, or Provincial or City Fiscal on the recommendation or resolution of investigating officers may be made only to the Commission within ten (10) days from receipt of the resolution of said officials, provided, however that this shall not divest the Commission of its power to motu proprio review, revise, modify or reverse the resolution of the chief state prosecutor and/or provincial/city prosecutors. The decision of the Commission on said appeals shall be immediately executory and final.

Sec. 11. Duty of State Prosecutor, Provincial or City Fiscal to Render Reports. - The State Prosecutor, Provincial or City Fiscal shall, within five (5) days from the rendition of their resolution on recommendation or resolution of investigating officers, make a written report thereof to the Commission. They shall likewise submit a monthly report on the status of cases filed with and/or prosecuted by them or any of their assistants pursuant to the authority granted them under Section 2 of this Rule.

Sec. 12. Private Prosecutor. - The appearance of a private prosecutor shall be allowed in cases where private rights involving recovery of civil liability are involved.

F. SPECIAL PROCEEDINGS
Accreditation of Citizens' Arms of the Commission

Sec. 1. Who may be accredited as citizens' arms of the Commission

Sec. 2. Petition to be accredited

Sec. 3. Contents of the petition

Sec. 4. Notice of hearing

Sec. 5. Opposition

Sec. 6. Decision

Sec. 7. Certificate of accreditation

Sec. 8. Submission of names and addresses of local representatives

Sec. 9. Appointment of watchers by election registrars

Sec. 10. Revocation of accreditation

Sec. 11. Expiration of accreditation

Section 1. Who May Be Accredited as Citizens' Arms of the Commission. - Any bona fide non partisan group, association or organization from the civic, youth, professional, educational, business or labor sectors with indentifiable leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist the Commission in the performance of its functions and activities as mandated by the Constitution and by law, may be accredited as citizens' arms of the Commission.

Sec. 2. Petition to be Accredited. - The group, association or organization mentioned in Section 1 hereof may file a petition for accreditation duly verified by its President, Chairman of the Board of Directors, or any of its duly authorized officer.

Sec. 3. Contents of the Petition. - The petition shall state the following:

1. The constituency to which petitioner seeks accreditation;


2. That it is not supporting any candidate, political party, organization or coalition of political parties, in the constituency where it seeks accreditation;


3. Nature of its membership (whether civic, youth etc.); names of its officers or organizers, location of principal office or place of business and an assurance of its capability to undertake a coordinated operation and activity to assist the Commission;


4. That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the Commission in the performance of its specific functions and activities provided by law, and such other functions and activities provided by law, and such other functions and activities which the Commission may assign;


5. That it shall strictly remain non-partisan and impartial during the registration and election periods;


6. That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities; or of any foreigner, whether natural or juridical person;


7. That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government, or any of its agencies or instrumentalities, or from any foreigner, a natural or juridical person;


8. That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and


9. That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartially.

Sec. 4. Notice of Hearing. - Upon the filing of the petition, the Commission en banc shall immediately set it for hearing. The Commission may, if it deems necessary, order the publication of the petition in a newspaper of general circulation at the expense of the petitioner.

Sec. 5. Opposition. - Any person, group, association or organization, political party or coalition of political parties possessing relevant information or evidence against the petitioner may oppose its accreditation by filing a verified opposition. Notwithstanding the absence of any opposition, the Commission may motu proprio require the petitioner to present evidence to support its petition.

Sec. 6. Decision. - The decision of the Commission granting the petition may provide conditions to be strictly complied with by the petitioner.

Sec. 7. Certificate of Accreditation. - If the decision is for the accreditation of the petitioner, the Commission shall issue a certificate of accreditation containing the following:

1. The name of the group or organization;


2. The constituency to which it is accredited; and
3. The political exercise for which it is accredited.

Sec. 8. Submission of Names and Addresses of Local Representatives. - After its accreditation, the petitioner shall submit to the Election Registrars in the constituency where it is accredited, the names and addresses of its local representatives who shall act as non-partisan watchers and substitute watchers therein during the entire electoral exercise.

Sec. 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.

Sec. 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.

Sec. 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.