PROSECUTION of

ELECTION OFFENSES

What are the election laws that

provide for election offenses?

ART. XXII, SECTIONS 261 AND 262 of BATAS PAMBANSA BLG. 881,

“Omnibus Elections Code of the Philippines”

SECTION 27 of REPUBLIC ACT NO. 6646, “The Electoral Reforms Law of 1987″

SECTIONS 9, 25 AND 31 of REPUBLIC ACT NO. 7166,

“An Act providing for Synchronized National and Electoral Reforms, authorizing appropriations therefore, and for other purposes”

SECTION 45 of REPUBLIC ACT NO. 8189, “The Voter’s Registration Act of 1996”

SECTION 5 of REPUBLIC ACT NO. 8295, “An Act providing for the Proclamation of a Lone Candidate for Any Elective Office in a Special Election, and for other purposes”

SECTION 13 of REPUBLIC ACT NO. 9006, “The Fair Election Act”

SECTION 24 of REPUBLIC ACT NO. 9189, “The Overseas Absentee Voting Act of 2003”

SECTIONS 28, 31, 32, 33, 35, 37, 39, 40 and 42 of REPUBLIC ACT NO. 9369,

“An Act Amending Republic Act No. 8436 Entitled ‘An Act Authorizing the Commission on Elections to

Use an Automated Election System in May 11, 1998  National or Local Elections and in

Subsequent National or Local Electoral Exercises, to encourage transparency, credibility, fairness and

accuracy of elections, amending for the purpose Batas Pambansa Blg. 881, as amended, Republic

Act No. 7166 and other related election laws, providing funds therefore and for other purposes.’”

WHO HAS THE POWER TO PROSECUTE ELECTION

OFFENSES?SECTION 43.  Section 265 of Batas Pambansa

Blg. 881 is hereby amended to read as follow:"SECTION 265. Prosecution. - 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 punishable under this Code, and prosecute the

same."

CAN A CITIZEN OR PUBLIC OFFICER MAKE WARRANTLESS ARREST IN CONNECTION

WITH AN OFFENSE RELATING TO ELECTION CAMPAIGN?

No. No person shall be arrested and/or detained at any time for any alleged offense committed during and in connection with any election through any act or language tending to support or oppose any candidate, political party or coalition of political parties under or pursuant to any order of whatever name or nature and by whomsoever issued except upon a warrant of arrest issued by a competent judge after all the requirements of the Constitution shall have been strictly complied with. 

WHAT ARE THE CONSEQUENCES OF VIOLATING THE REQUIREMENT OF

AN ARREST WARRANT IN CONNECTION WITH ELECTION

CAMPAIGN?Any officer or person who violated this requirement shall be punished by imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years, with accessory penalties for election offenses. The provision of Sec. 267 of this Code (on prescription) shall not apply to prosecution under this section. 

WHAT IS THE PRESCRIPTIVE PERIOD FOR THE PROSECUTION OF

ELECTION OFFENSES?Election offenses shall prescribe after

five years after the date of their commission. If the discovery of the offense be made in an election contest proceedings, the period of prescription shall commence on the date on which the judgment of such proceedings becomes final and executory. 

WHO HAS JURISDICTION TO TRY AND DECIDE ELECTION OFFENSE?

The Regional Trial Court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for the violation of the Omnibus Election Code. From this decision of the courts, appeal will lie as in other criminal cases. 

WHAT IS THE RULE ON THE PREFERENTIAL DISPOSITION OF

ELECTION OFFENSES?The investigation and prosecution of cases

involving violations of the election laws shall be given preference by the Commission on Elections and prosecuting officials. Their investigation shall be commenced without delay, and shall be resolved by the investigating officer within five days from its submission for resolution. The courts shall likewise give preference to election offenses over all other cases, except petitions for writ of habeas corpus. Their trial shall likewise be commenced without delay, and shall be conducted continuously until terminated, and the case shall be decided within thirty days from its submission for decision. 

WHAT IS THE REQUIRED PARDON, AMNESTY, PAROLE OR SUSPENSION OF

SENTENCE FOR VIOLATION OF ELECTION LAWS, RULES AND

REGULATIONS MAY BE GRANTED BY THE PRESIDENT?

There must be a favorable recommendation first by the COMELEC. Sec. 5 of Art. XI-C of the Constitution provides that “no pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations may be granted by the President without the favorable recommendation of the Commission.”

THE END