Case Summary (G.R. No. 199082)
Key Individuals and Context
• Jose Miguel T. “Mike” Arroyo – former First Gentleman, petitioner in G.R. No. 199082
• Benjamin S. Abalos, Sr. – former Comelec Commissioner and Metro Manila mayor, petitioner in G.R. No. 199085
• Gloria Macapagal-Arroyo – former President, petitioner in G.R. No. 199118
• Leila M. De Lima – Secretary, Department of Justice (DOJ)
• Sixto S. Brillantes, Jr. – Chairperson, Commission on Elections (COMELEC)
• Joint DOJ-COMELEC Preliminary Investigation Committee and Fact-Finding Team – created to investigate alleged electoral fraud in 2004 and 2007
Petitioners and Respondents
• Petitioners: Mike Arroyo, Benjamin Abalos Sr., Gloria Macapagal-Arroyo
• Respondents: DOJ; COMELEC; members of the joint committee and fact-finding team
Key Dates and Applicable Law
• Alleged new evidence first surfaced mid-2011 regarding 2004 and 2007 elections
• August 2, 2011 – COMELEC Resolution No. 9266 approved joint investigation
• August 15, 2011 – Joint Order No. 001-2011 constituted joint committee and fact-finding team
• Decision date: September 18, 2012 → 1987 Philippine Constitution applies
• Statutory backdrop: 1987 Constitution, Omnibus Election Code (BP 881), R.A. 9369; Rules of Court Rule 112; COMELEC Rules of Procedure Rule 34
Creation of Joint Investigative Bodies
• COMELEC discovered alleged “massive electoral fraud” in 2004 and 2007 polls
• Resolution 9266 (Aug. 2, 2011): authorized COMELEC to form joint preliminary investigation with DOJ
• DOJ Department Order No. 640 (Aug. 4, 2011): designated three DOJ prosecutors to joint team
• Joint Order 001-2011 (Aug. 15, 2011): formally created
– Fact-Finding Team (DOJ, COMELEC, NBI representatives)
– Preliminary Investigation Committee (DOJ and COMELEC legal officers)
Fact-Finding Team Mandate
• Gather reports, intelligence, investigative leads
• Conduct interviews and take affidavits, compile documentary evidence (e.g., ballots, election returns)
• Assess and evaluate submitted affidavits and documents
• Identify offenders, offenses, violations of election/general criminal laws; prepare complaints and charge sheets
• Regularly submit periodic reports and recommendations to DOJ Secretary, COMELEC Chair, and the Committee
• Deliver full and final report on conclusion of its inquiry
Preliminary Investigation Committee Mandate
• Conduct preliminary investigation based on evidence and charges referred by the Fact-Finding Team
• Compile resolutions finding probable cause for election offenses under the Omnibus Election Code; COMELEC to approve such resolutions under its rules
• Refer non-election offenses directly to appropriate courts
• Operate under rules “complementary” to DOJ and COMELEC procedure; budget jointly funded, subject to Office of the President
Procedural Course and Consolidation of Petitions
• Oct. 20, 2011 – Fact-Finding Team’s Initial Report concluded manipulation in certain provinces; recommended preliminary investigation against Arroyo, Abalos, GMA, and others
• Oct. 17, 2011 – Senator Pimentel filed separate Complaint-Affidavit for electoral sabotage (DOJ-COMELEC Case No. 002-2011)
• Joint Committee consolidated cases, issued subpoenas; respondents ordered to file counter-affidavits
• Petitioners filed separate petitions for certiorari and prohibition with TRO/Writ of Preliminary Injunction; consolidated by the Supreme Court
• COMELEC en banc approved Joint Committee resolution with modifications (Nov. 18, 2011); Informations filed in RTC Pasay (Criminal Case Nos. RPSY-11-04432-CR, etc.)
• GMA filed Omnibus Motion ad Cautelam and motion to vacate before COMELEC; RTC issued arrest warrant; she posted bail
Issues Raised by Petitioners
• Constitutionality of Joint Order 001-2011: due process, equal protection, separation of powers, COMELEC independence
• Existence of statutory authority for COMELEC-DOJ joint preliminary investigation
• Alleged bias/prejudgment by COMELEC and DOJ officials
• Mootness (Arroyo and GMA) and hierarchy of courts
• Publication requirement for Committee’s rules of procedure
Mootness and Jurisdictional Challenges
• Respondents asserted Arroyo’s petition moot (charges dismissed) and GMA’s moot (Information filed; RTC jurisdiction)
• Court found issues not moot: ongoing duties of fact-finding and joint committee; constitutional validity of their creation and proceedings remains undecided
• Court permitted direct resort to Supreme Court via Rule 65 due to constitutional questions, urgency, and alleged denial of due process
Constitutional Basis for Joint Committee
• 1987 Constitution, Article IX-C(6): COMELEC may “investigate and, where appropriate, prosecute” election offenses
• BP 881 Sec. 265 (amended by R.A. 9369 Sec. 43): COMELEC’s exclusive (later concurrent) power to conduct preliminary investigations, with authority to deputize other prosecuting arms
• COMELEC Rules Procedure Rule 34: continuing delegation to DOJ fiscal offices as deputies; appeal to COMELEC on their resolutions
Equal Protection Analysis
• Petitioners argued joint order underinclusive (targets 2004–2007 only) and analogous to invalidated Truth Commission in Biraogo
• Court distinguished: joint mandate covers broad election offenses and various respondents; not limited to Arroyo Administration
• Underinclusivity alone does not violate equal protection; COMELEC has discretion in election-specific investigations
Due Process Analysis
• Petitioners claimed Joint Panel lacked “cold neutrality,” acted as evidence-gatherer, prosecutor, and judge; alleged prejudgment
• Court found no proof that Joint Committee or its members prejudged outcome or that Secretary De Lima/Chairman Brillantes improperly intervened
• Separation of fact-finding team and preliminary committee mandates preserved procedural fairness
Separation of Powers and COMELEC Independence
• Petitioners contended creation of joint bodies usurped legislative power to create offices and compromised COMELEC independence as a constitutional commission (Art. IX-A(1))
• Court held DOJ and COMELEC exercise concurrent jurisdiction under statute; joint committees perform functions already vested by Constitution and laws; no new offices created
• COMELEC en banc maintained final approval over resolutions finding probable cause;
Case Syllabus (G.R. No. 199082)
Facts and Antecedents
- Discovery of new evidence and witnesses indicating massive fraud in the 2004 and 2007 national elections prompted action.
- Comelec issued Resolution No. 9266 on August 2, 2011 to approve a joint investigation with DOJ.
- DOJ Secretary De Lima issued Department Order No. 640 on August 4, 2011, naming three prosecutors to the Joint Committee.
- Comelec–DOJ Joint Order No. 001-2011 on August 15, 2011 created a Joint Preliminary Investigation Committee and a Fact-Finding Team.
- The consolidated petitions for Certiorari and Prohibition under Rule 65 were filed by Jose Miguel Arroyo (G.R. No. 199082), Benjamin Abalos, Sr. (G.R. No. 199085) and Gloria Macapagal-Arroyo (G.R. No. 199118).
Composition of the Joint Bodies
- Fact-Finding Team chaired by an Assistant Secretary of DOJ, with six members: two DOJ prosecutors, two NBI agents, and two Comelec legal officers.
- Joint Preliminary Investigation Committee chaired by the Prosecutor General, with a second DOJ prosecutor and one city prosecutor, plus two Comelec legal officers.
- A joint secretariat and office support both bodies, funded by DOJ and Comelec, with possible funding requests to the Office of the President.
Mandate and Functions
- Fact-Finding Team to gather documentary, testimonial and intelligence evidence; conduct discreet interviews; evaluate affidavits; identify offenders; prepare complaints; submit periodic reports and a final report.
- Joint Committee to conduct preliminary investigations based on evidence and recommendations of the Fact-Finding Team; to prepare resolutions finding probable cause or recommending dismissal.
- Comelec to approve Committee resolutions on election offenses; DOJ Prosecutor General to approve non-election offenses; direct court filings thereafter.
Promulgation of Rules of Procedure
- Joint Committee issued Rules of Procedure on August 23, 2011, intended to “complement” Rule 112 of the Rules on Criminal Procedure and Rule 34 of the Comelec Rules of Procedure.
- Key procedural provisions included: exclusion of new complaints after final Fact-Finding Report (except related ones); prohibition on motions to dismiss in preliminary investigation; allowance of one motion for reconsideration.
- Issue raised as to failure to publish or file these Rules, potentially affecting due process.
Fact-Finding Team Initial Report
- Dated October 20, 2011, the Team focused on alleged manipulation of the May 14, 2007 senatorial election results in North and South Cotabato and Maguindanao.
- Concluded that conspiracy to manipulate votes occurred; recommended preliminary investigation for electoral sabotage against Abalos and ten others in Cotabato, and against 26 persons (including GMA and Abalos) in Maguindanao.
- Recommended administrative charges for several individuals and further investigation for others, including Mike Arroyo.
- Investigation docketed as DOJ-Comelec Ca