JOSE MIGUEL T. ARROYO, petitioner vs.

DEPARTMENT OF JUSTICE;
COMMISSION ON ELECTIONS et.al., respondents
G.R. No. 199082, September 18, 2012, EN BANC
PERALTA, J.

FACTS:

The discovery of alleged new evidence and the surfacing of new

witnesses indicating the occurrence of massive electoral fraud and manipulation of
election results in the 2004 and 2007 National Elections prompted COMELEC to issue
Resolution No. 9266 on August 2, 2011 creating a committee jointly with the
Department of Justice (DOJ) which shall conduct preliminary investigation on alleged
election offenses and anomalies committed. On August 15, 2011, the COMELEC and
DOJ issued a Joint Order No. 001-2011 creating and constituting a Joint Committee and
Fact-Finding Team composed of officials from both agencies wherein the latter was
tasked to gather real, documentary and testimonial evidence which can be utilized in the
preliminary investigation to be conducted by the former.

The subject of the initial report of the Fact-Finding Committee would be

the alleged electoral fraud and manipulation of results during May 14, 2007 elections
particularly in the Senatorial category in the provinces of North and South Cotabato and
Maguindanao. The said Committee recommended that petitioners Benjamin Abalos,
Gloria Macapagal-Arroyo, Jose Miguel “Mike” Arroyo and several others be subjected to
preliminary investigation for electoral sabotage for manipulating the election results in
the aforementioned provinces. Meanwhile, Senator Aquilino Pimentel III also filed a
complaint for electoral sabotage against said petitioners.

On October 24, 2011, the Joint Committee issued two subpoenas against
petitioners and thereafter said petitioners filed before the Court separate petitions
assailing the creation of the Joint Panel.
ISSUE:

Whether or not the COMELEC has jurisdiction under the law to conduct
preliminary investigation jointly with the DOJ?

RULING:

Yes. The COMELEC has jurisdiction under the law to conduct preliminary
investigation jointly with the DOJ.

The COMELEC is granted the power to investigate and where appropriate,

prosecute cases of election offenses. On the other hand, DOJ is mandated to
administer the criminal justice system in accordance with the accepted processes
thereof consisting in the investigation of the crimes, prosecution of offenders and
administration of the correctional system. Hence, COMELEC through its duly authorized
legal offices is given the power, concurrent with other prosecuting arms of the
government such as the DOJ to conduct preliminary investigation of all election
offenses.

The Court holds that it is the Constitution, statutes and the Rules of Court and
not the assailed Joint Order which give the DOJ and the COMELEC the power to
conduct preliminary investigation. No new power is given to them by virtue of the
assailed order. As to the members of the Joint Committee and Fact-Finding Committee
Team, they perform such functions that they already perform by virtue of their current
positions as prosecutors of the DOJ and legal officers of the COMELEC.