CRIMINAL PROCEEDINGS FOR ELECTION OFFENSES

FILING OF COMPLAINT APPEAL TO THE COMMISSION

A verified COMPLAINT, supported by affidavits
DISMISSAL
May be made only to the Commission within
may be filed with: (no probable cause)
ten (10) days from receipt of the resolution of
• the Law Department of the COMELEC;
said officials, provided, however that this shall
not divest the Commission of its power to
• or with the offices of the Election motu proprio review, revise, modify or
Registrars, Provincial Election Supervisors reverse the resolution of the chief state
or Regional Election Directors, Any decision, order or ruling
ACTION prosecutor and/or provincial/city prosecutors. of the Commission may be
of the Director of the Law The decision of the Commission on said brought to the Supreme
• or the State Prosecutor, Provincial Fiscal or Dept, or the State Prosec, appeals shall be final & immediately Court on certiorari by the
City Fiscal. Prov./City Fiscal, as the aggrieved party within thirty
case may be (30) days from its
promulgation. (Rule 37,
COMELEC Rules of
Procedure)

PRELIMINARY FILING OF
FORWARD the records of the case to: THE INFORMATION (RTC)
INVESTIGATION The Director of the Law Department of Quantum of Evidence required:
Upon direction of the Chairman of the MOTU PROPRIO
the Commission in cases investigated Beyond reasonable doubt
COMELEC, the preliminary investigation may COMPLAINTS
by any of the Commission lawyers or
be delegated to: The COMELEC itself may file
field personnel, and
• any lawyer of said Department, complaints, which may
• or to any of the Regional Election The State Prosecutor, Provincial Fiscal signed by the Chairman of
Directors, or Provincial Election the COMELEC, or the
or City Fiscal, as the case may be PRE – TRIAL STAGE
Director of the Law
Department upon direction
NO of the Chairman, and need
SUFFICIENT RESOLUTION and not be verified
Complaint GROUND INFORMATION within 5 days TRIAL STAGE * presumed to be based on
sufficient in DISMISSA from termination, finding
form and L probable cause to hold the
substance? respondent for trial

* JUDGMENT *
YES
YES
PROBA NON Recommen if
BLE d convicted
CAUSE? DISMISS PENALTIES UNDER THE
SUBPOENA issued to the respondent
(complaint, affidavits, etc attached) giving AL LAW
him 10 days from receipt within which to Imprisonment of not less than one
submit counter affidavits and other year but not more than six years and
supporting documents shall not be subject to probation.
In addition, disqualification to hold
TERMINATION OF public office and deprivation of the
PRELIMINARY right of suffrage.
INVESTIGATION within 20
days after receipt of the Any political party found guilty shall
counter-affidavits/ evidence of be sentenced to pay a fine of not less
Respondent shall have the right to examine the respondent than ten thousand pesos (P
all other evidence submitted by the 10,000.00), which shall be imposed
complainant. He must also furnish counter- upon such party after criminal action
affidavits and other supporting evidence to has been instituted in which their
the complainant. Investigator may set corresponding officials have been
a hearing for found guilty.
*If the respondent cannot be subpoenaed, or clarificatory For Violations of RA 9369:
if subpoenaed, does not submit counter- questions Any person convicted for violation of this
affidavits within the ten day period, the Act, except those convicted of the crime of
investigating officer shall base his resolution electoral sabotage, shall be penalized with
on the evidence presented by the imprisonment of eight years and one day to
twelve (12) years without possibility of
 CIVIL PROCEEDINGS (ELECTION OFFENSES)

Grounds under the Law:

CIVIL CODE PROVISIONS:

Art 27. Failure or Neglect to perform Official Duty

Art 32. Violating Rights and Liberties of Private

Individuals.
(5) Freedom of Suffrage

Art 2176. Acts done without or in excess of official

authority, causing damage to another, with fault or
negligence.
Offender: Public Officer or Private Individual
Purpose: restitution, reparation or indemnification of
the private offended party for the damage or injury he
sustained by reason of the delictual or felonious act of
the accused

Where filed:
Metro Manila:
MeTC/MTC if P400,000.00 and below;
RTC if exceeding P400,000.00
Outside Metro Manila:
MeTC/MTC if P300,000.00 and below;
RTC if exceeding P300,000.00

Requisites:
Individual sustained damage to himself;

a wrong or violation of the right of that individual by

public official;

If public officer, sued in official and personal capacity

Quantum of Evidence:
Preponderance of evidence - By preponderance of evidence is
meant that the evidence as a whole adduced by one side is superior
to that of the other. It refers to the weight, credit and value of the
aggregate evidence on either side and is usually considered to be
synonymous with the term "greater weight of evidence" or "greater
weight of the credible evidence". It is evidence which is more
convincing to the court as worthy of belief than that which is offered
in opposition thereto