FILING OF COMPLAINT FOR ELECTION OFFENSE WITH THE COMELEC

1. Complaint for election offense may be filed with the Comelec or through the
Prosecutor’s Office.

Complaint for election offense may be filed with the Comelec through the
following manner:

a. In-Person filing with the Law Department, Office of the Regional Election
Director (ORED), Office of the Provincial Election Supervisor (OPES) or the
Office of the Election Officer (OEO) where the alleged election offense took
place;1 or

b. E-mail in PDF format to the official e-mail address of the Law Department or
ORED, OPES or OEO where the alleged election offense took place. All other
supporting documents including Affidavits of Witnesses, if any, shall also be
scanned and e-mailed together with the complaint.

Immediately after filing through e-mail, the party shall send, through the
fastest means available, including registered mail or any courier service, all
pleadings, answers motions, comments, notices, and other court submissions,
with complete annexes in four (4) hard copies.

The date of receipt of the complaint via e-mail shall be considered the date of
filing.2

If the complaint is filed with the ORED, OPES or OEO, copy shall be immediately
furnished the Law Department.

The complaint must be duly subscribed and sworn to before a public prosecutor
or a notary public.

2. The Law Department shall evaluate the complaint. If the complaint is sufficient in
form, the Law Department shall docket the complaint as election offense case (EO
Case).

If the complaint is not sufficient in form (it is not subscribed and sworn to before
public prosecutor or notary public), the Law Department shall notify the
Complainant to comply with the requirements set forth in Comelec Resolution No.
10673, otherwise, the complaint shall not be accepted or docketed.

3. The Law Department shall refer the EO case to the Investigating Officer for the
conduct of preliminary investigation;

4. The Investigating Officer shall conduct the preliminary investigation.

a. The Investigating Officer shall issue subpoena to the respondent, attaching a

copy of the complaint, affidavits and other supporting documents
b. The respondent shall submit a counter-affidavit and other supporting
documents, within ten (10) days from receipt of the subpoena

1 Section 4 (b) Rule 34, Comelec Rules of Procedure

2 Section 2, Rule 2, Resolution No. 10673
 c. If the investigating officer finds the need to clarify some matters, a hearing
may be scheduled to propound clarificatory questions to the parties or their
witnesses or through submission of judicial-affidavits. The parties shall be
afforded an opportunity to be present but without the right to examine or
cross-examine.

d. The investigation shall be deemed concluded and the investigating officer

shall resolve the case within ten (10) days therefrom.

5. The investigating officer shall prepare his or her Recommendation and shall
determine whether or not there is sufficient ground to hold the respondent for
trial.

If respondent failed to submit a counter-affidavit, the investigating officer shall

base his or her recommendation on the evidence and documents on record.

6. The Investigating Officer shall submit his or her Recommendation, together with
the entire records of the EO case to the Law Department.

7. The Law Department shall review and evaluate the recommendation of the
Investigating Officer.

The Law Department shall prepare and submit its report to the Commission En
Banc (Review of Recommendation) of whether to adopt, modify or reverse the
findings of the Investigating Officer. The EO case shall be included in the agenda
of the succeeding en banc meeting of the Commission.

8. If the Commission En Banc resolves to approve the filing of an information in court

against the respondent, the Director of the Law Department shall prepare and sign
the Information for immediate filing with the appropriate court, upon finality of
the resolution of the Commission En Banc.

If the Commission En Banc resolves to dismiss the EO case for lack of probable
cause, the resolution and the entire records of the case shall be transmitted to the
Law Department.

9. In both instances, the Law Department shall serve a copy of the resolution of the
Commission En Banc to the parties or their counsels, either by personal service of
registered mail.

10. The respondent may file with the Law Department a Motion for Reconsideration
of the Resolution of the Commission En Banc within five (5) days from receipt of
the resolution and pay the filing fee of Five Hundred Pesos (P500.00).