18. Jose Miguel T. Arroyo vs. DOJ; COMELEC; Hon. Leila de Lima, et. al. GR No.

199082 Benjamin S. Abalos, Sr. vs. Hon. Leila de Lima; Hon. Sixto S. Brillantes, et. al. GR No. 199085 Gloria Macapagal Arroyo vs. COMELEC, DOJ, et. al. GR No. 199118 July 23, 2013 By Joe

GMA filed motions and supplemental petitions but were dismissed by the Court. Furthermore, the Comelec resolution and Fact Finding Teams initial report were declared valid. The Preliminary Investigation was also declared valid in accordance with Rule 112 of the Rules of Criminal Procedure and Rule 34 of the Comelec Rules of Procedure. Issues: 1. WON the subject joint DOJ-Comelec resolutions be nullified due to the independence of the COMELEC 2. WON the Comelec and not the Joint-Committee has the primary, if not exclusive, authority to conduct preliminary investigation of election cases. 3. WON the Court erred in not upholding GMAs right to ask for an additional time within which to submit her counter affidavit and countervailing evidence. Held: 1. No. In the Joint Order, the Comelec and DOJ include a provision that the resolution of the Joint Committee finding the probable cause for the election offenses shall be finally approved by the Comelec. This proves that the Comelec remains as an independent body. 2. NO. Sec 43 of RA 9369 provides that the Comelec and other prosecuting arms of the government, such as the DOJ, exercise concurrent jurisdiction in the investigation and prosecution of election offenses. This legal basis was ruled in BANAT Party List vs. Comelec. 3. No. The preliminary investigation that was conducted was valid in accordance with Rule 112 of the Revised Rules of Procedure and Rule 34 of Comelec Rules. Under both rules, the respondent shall submit his counter affidavit and that of his witness and other supporting documents relied upon for his defense within ten (10) days from the receipt of the subpoena. The rules use the word shall which means mandatory.

Facts: For resolution are the separate motions filed by the petitioners Gloria Macapagal Arroyo and Jose Miguel T. Arroyo praying that the Court takes another look at the Courts previous decision dismissing their petitions and supplemental petitions against respondents Comelec, DOJ, Sen. Pimentel, Joint DOJ-Comelec Preliminary Investigation Committee and Fact Finding Team. On August 15, 2011, the Comelec and DOJ issued a joint order creating a Joint Committee and Fact Finding Team on the 2004 and 2007 National Elections electoral fraud and manipulation cases. The Joint Committee was tasked to conduct preliminary investigations on the basis of the evidence and charges as recommended by the Fact Finding Team. In its initial report, the Fact Finding Team found out that there was a manipulation of the results in May 14, 2007 senatorial elections in North and South Cotabato and Maguindanao. Moreover, the team recommended for the conduct of preliminary investigation of the petitioners for electoral sabotage due to conspiracy in manipulating the election results. Meanwhile, Sen. Pimentel filed a Complaint-Affidavit for Electoral Sabotage against petitioners and twelve others and several John Does and Jane Does. Petitioners filed separate petitions for Certiorari, Prohibition with prayer for TRO and/or writ of Preliminary Injunction assailing the creation of the Joint Panel. Furthermore, Mike Arroyo filed a Motion to defer proceedings in view of his petition before the Court. On the same day, GMA filed before the Joint Committee an Omnibus Motion Ad Cautelam to require Sen. Pimentel to furnish her with the documents referred to in his complaint-affidavit and election documents for the charge of electoral sabotage. She also prayed for allowing her to file her counter affidavit within ten (10) days from receipt of the requested documents. On the other hand, Abalos filed a Motion to Suspend Proceedings. The aforesaid motions were denied by the Joint Committee which further led for a Motion for Reconsideration. The Joint Committee promulgated a Joint Resolution and was later indorsed to the Comelec. The commission adopted the Joint Resolution. Comelec resolved that an Information for electoral sabotage be filed against GMA and Abalos, while the charges against Mike Arroyo be dismissed for insufficient evidence. Subsequently, an Information was filed with the RTC of Pasay City.