COMELEC Resolutions


RESOLUTION NO. 9333



IN THE MATTER OF DESIGNATING THE MEMBERS OF THE SPECIAL PROSECUTION TEAM OF THE COMMISSION ON ELECTIONS (COMELEC) AND DEPUTIZING PROSECUTORS OF THE DEPARTMENT OF JUSTICE (DOJ) IN CONNECTION WITH THE ELECTORAL SABOTAGE CASES BEING INVESTIGATED AND PROSECUTED BY THE COMMISSION ON ELECTIONS.


Promulgation: 18 January 2012


WHEREAS, Section 2, paragraph (6), Article IX-Cof the 1987 Philippine Constitution provides that:

Section 6. The Commission on Elections shall exercise the following powers and functions:
x x x

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.”



WHEREAS, Section 265 of the Omnibus Election Code provides that:


“the Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government: Provided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted.”

WHEREAS, prior to the enactment of R.A. No. 9369, under Section 2, Rule 34 of the COMELEC Rules of Procedures, the COMELEC granted the Chief State Prosecutor, all Provincial and City Prosecutors, or their respective assistants are given continuing authority, as its deputies, to conduct preliminary investigation of complaints involving election offenses and to prosecute the same.

WHEREAS,  Section 43 of R.A. 9369 amending Section 265 of Batas Pambansa Blg. 881 provides that the Commission shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses and to prosecute the same.

WHEREAS, the Supreme Court recognized that the COMELEC may avail of the assistance of the DOJ when it provided in the case of BANAT v. Comelec, that:

  “ x x x We also note that while Section 265 of BP 881 vests in the COMELEC the “exclusive power” to conduct preliminary investigations and prosecute election offenses, it likewise authorizes the COMELEC to avail itself of the assistance of other prosecuting arms of the government. In the 1993 COMELEC Rules of Procedure, the authority of the COMELEC was subsequently qualified and explained.“

WHEREAS, the Supreme Court also acknowledged that without the assistance of provincial and city fiscals and their assistants and staff members, and of the state prosecutors of the DOJ, the prompt and fair investigation and prosecution of election offenses committed before or in the course of nationwide elections would simply not be possible.  It also recognized the fact that enfeebled by lack of funds and the magnitude of its workload, the COMELEC does not have sufficient number of legal officers to conduct such investigation and to prosecute such cases. Hence, the need to tap the assistance of other prosecuting arms of the government.

WHEREAS, the Commission has filed before the Regional Trial Court (RTC) of Pasay City three (3) electoral sabotage cases entitled and docketed as follows:

  1.  “People of the Philippines vs. Congs. Gloria Macapagal-Arroyo, Andal Ampatuan, Sr., Atty. Lintang Bedol, ” Criminal Case Nos.R-PSY-11-00495-CR and R-PSY-11-00495-CR pending at the RTC, Br. 112 (1 count)

  2.  “People of the Philippines vs. Benjamin S. Abalos, Sr., Atty. Yogie Martirizar and Capt. Peter Reyes” Criminal Case Nos.R-PSY-11-00495-CR and R-PSY-11-00495-CR pending at the RTC, Br. 112 (2 counts);

  3.  “People of the Philippines vs. Atty.Lilian Suan-Radam” , Criminal Case Nos.R-PSY-11-00495-CR pending at the RTC, Br. 114 (11 counts).

 

NOW, THEREFORE, pursuant to the authority vested in it by Sec. 2, paragraph (6), Article IX-C of the Constitution, and Sections 265 and 269 of the Omnibus Election,  Code,  R.A. No. 9369 and other pertinent election laws, the Commission RESOLVED as it hereby RESOLVES to adopt the following:
         
Section 1. Criminal cases to be prosecuted. – The following cases shall be prosecuted by the COMELEC, through its Special Prosecution Team, with the assistance of the Prosecutors from the Department of Justice (DOJ) as well as the Private Prosecutors of the private complainant/s:

  1. Criminal Case No. R-PSY-11-04432-CR, “People of the Philippines vs. Cong. Gloria Macapagal-Arroyo, Andal Ampatuan, Sr., Atty. Lintang Bedol, ” pending at the RTC, Br. 112 (1 counts);

  2. Criminal Case Nos.R-PSY-11-00495-CR and R-PSY-11-00495-CR entitled “ People of the Philippines vs. Benjamin S. Abalos, Sr., Atty. Yogie Martirizar and Capt. Peter Reyes” pending at the RTC, Br. 112 (2 counts); and

  3. Criminal Case Nos.R-PSY-11- Nos. R-PSY-11-03190 CR to and  R-PSY-11-03200 CR, “ People of the Philippines vs. Atty.Lilian Suan-Radam” pending at the RTC, Br. 114 (11 counts).


Sec. 2. COMELEC Prosecution Team.  – The Commission hereby grants authority to the following officials to designate the Members of the Prosecution Team of the aforementioned cases:


  1. Commissioner. Christian Robert S. Lim  - Supervising Commissioner
  2. Atty. Esmeralda A. Ladra                       - Asst. Supervising Head/ Director IV

                                                                        Law Department 


Sec. 3. Deputized DOJ Prosecutors. – The Secretary of the Department of Justice or her duly authorized representative is hereby authorized to designate, not more than six (6) DOJ Prosecutors,  who shall be deputized to assist in the prosecution of the aforementioned cases. The Deputized DOJ Prosecutors shall be under the direct control and supervision of the Commission, through its Prosecution Team.
         
Sec. 4. Where to hold office. – The COMELEC Special Prosecution Team and the Deputized DOJ Special Prosecutors shall hold office at the Law Department, Commission on Elections or any office as may be designated by the COMELEC. They shall submit to the COMELEC and to the DOJ, a periodic progress reports of said criminal cases they are handling.

Sec. 5. Revocation of deputization. – The deputization of DOJ prosecutors may be revoked or withdrawn any time by the COMELEC whenever in its judgment it is necessary to protect the integrity of the COMELEC, promote the common good, or when it believes that successful prosecution of the case can be done by the COMELEC.

Sec. 6. Funding. – Expenses and all other incidental costs that may be incurred in the course of the prosecutions of the said cases shall be for the account of the COMELEC.  

Sec. 7. Effectivity. – This resolution shall take effect immediately.

Sec. 8. Dissemination. – The Education and Information Department shall cause the publication of this resolution and furnish a copy hereof to the Department of Justice, the Courts, the Department of the Interior and Local Government and the parties involved in the instant cases.

Let the Law Department implement this resolution.

 

SO ORDERED.

 

(Sgd.) SIXTO S. BRILLANTES, JR.
Chairman
(Sgd.) RENE V. SARMIENTO
Commissioner		 (Sgd.) LUCENITO N. TAGLE
Commissioner
(Sgd.) ARMANDO C. VELASCO
Commissioner		 (Sgd.) ELIAS R. YUSOPH
Commissioner
(Sgd.) CHRISTIAN ROBERT S. LIM
Commissioner		 (Sgd.) AUGUSTO C. LAGMAN
Commissioner

 

Posted: 01.20.2012 JJSH Table of Contents Back to Top Download PDF Get Adobe Reader