Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RESOLUTION No. 3467
IN THE MATTER OF REQUESTING THE HONORABLE SECRETARY OF JUSTICE TO ASSIGN PROSECUTORS AS MEMBERS OF A SPECIAL TASK FORCE TO ASSIST THE COMMISSION IN THE INVESTIGATION AND PROSECUTION OF ELECTION OFFENSES IN THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS AND REITERATING THE CONTINUING DEPUTATION OF PROSECUTORS UNDER RULE 34 OF THE COMELEC RULES OF PROCEDURE
WHEREAS, one of the constitutional tasks of the Commission is to "investigate and where appropriate, prosecute cases of violations of election laws";
WHEREAS, in connection with the May 14, 2001 national and local elections, these tasks are hampered by the lack of lawyers of the Commission to handle the investigation and prosecution of election offenses;
WHEREAS, under Sec. 265 of the Omnibus Election Code, the Commission may avail itself of the assistance of the prosecuting arm of the government;
NOW, THEREFORE, pursuant to the authority vested in it by Sec. 2, paragraph (6) Article IX-C of the Constitution, and Secs. 265 and 269 of the Omnibus Election Code, the Commission
RESOLVED to promulgate, as it hereby promulgates, as follows:
Section 1. COMELEC-DOJ Special Task Force. - The Commission hereby requests the Honorable Secretary of Justice to designate ten (10) Prosecutors of the Department of Justice as members of a special task force in the National Capital Region and two (2) Prosecutors in each province, hereinafter referred to as COMELEC-DOJ Special Task Force, which shall assist the Commission in the exercise of its power to conduct preliminary investigation of election offenses punishable under election laws, and prosecute the same. The Law Department shall supervise the investigatory and prosecutory functions of the COMELEC-DOJ Special Task Force.
For this purpose, the Commission hereby reiterates the continuing deputation of the Chief State Prosecutor, Provincial and City Prosecutors and their assistants under said Rule, as well as their powers and functions thereunder.
Sec. 2. Functions of the COMELEC-DOJ Special Task Force. - The COMELEC-DOJ Task Force shall have the following functions:
a) conduct inquest against persons apprehended in flagrante delicto for violation of election laws committed a day before and on election day and file the proper information in court, if warranted;
b) assist the officials and deputies of the COMELEC in the prosecution of election cases; and
c) perform such other functions that may be assigned by the Commission due to the exigency of the service.
Sec. 3. Rules governing preliminary investigation and prosecution of other election offenses. - Preliminary investigation and prosecution of other election law violations not included in Sec. 2 hereof shall be governed by the Comelec Rules and Procedures.
Sec. 4. Turn over of documents and evidence in preliminary examination. - In furtherance of the enforcement of the bans on firearms and security personnel and other election law violations, the PNP Chief of Police of cities/municipalities shall, after conducting the investigation of complainants and witnesses, require all officers and men under his jurisdiction to turn over all documents and evidence in connection with arrests made for violation of the election laws during the elections.
Sec. 5. Where to hold office: progress reports. - The COMELEC-DOJ Special Task Force shall hold office at the Law Department of the Commission. It shall submit to the Commission periodic progress reports of investigation and prosecutions handled by it under Sec. 2 hereof.
Sec. 6. Effectivity. - This resolution shall take effect after seven (7) days from its publication in two (2) daily newspapers of general circulation in the Philippines.
Sec. 7. Dissemination. - The Education and Information Department shall cause the publication of this resolution and furnish a copy hereof to the Department of Justice and the Chief of the Philippine National Police for dissemination to the different station commanders in the country.
Let the Law Department implement this Resolution.
(SGD.) HARRIET O. DEMETRIOU, Chairman
(SGD.) JULIO F. DESAMITO, Commissioner
(SGD.) TERESITA DY-LIACCO FLORES, Commissioner
(SGD.) LUZVIMINDA G. TANCANGCO, Commissioner
(SGD.) RALPH C. LANTION, Commissioner
(SGD.) RUFINO S.B. JAVIER, Commissioner
(SGD.) MEHOL K. SADAIN, Commissioner
Promulgated, January 12, 2001.
The Lawphil Project - Arellano Law Foundation
