Comelec allows police to act as prosecutors of election offenses

CEBU, Philippines –  To ensure prompt and proper investigation of election gun ban offenses, the Commission on Elections authorizes the chiefs of police to conduct preliminary investigation of cases.

Resolution No. 9045 promulgated by Comelec en banc on September 22, 2010 provides instructions to chiefs of police of cities and municipalities on the conduct of preliminary investigation for gun ban violations in connection with the October 25, 2010 Barangay and Sangguniang Kabataan elections.

The Comelec has the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses and to prosecute the same.

The absence of prosecutors in some cities and municipalities to immediately conduct preliminary investigation of election offenses has prompted the poll body to authorize the chiefs of police to do the job.

The chiefs of police or their duly authorized investigators shall take the affidavit of the arresting officer, take the statement of the respondent, confiscate the firearm and issue the proper receipt, cause the respondent to sign an affidavit binding himself to be present at the preliminary investigation and take the statement of the witnesses.

It further orders the chiefs of police to treat humanely and with utmost respect of the constitutional and human rights of the person who is undergoing preliminary examination.

The chiefs of police shall submit the investigation report, together with all documents and evidence gathered during the preliminary examination, within three days from arrest to the corresponding provincial or city prosecutor, furnishing the Law Department of the Commission with copies of the report. (FREEMAN)