DOJ-Comelec fact-finding body to assist in probe of poll fraud

(Updated 3:27 p.m.) The Department of Justice (DOJ) and the Commission on Elections (Comelec) will create a separate fact-finding committee to assist in the probe into allegations of massive cheating in the 2004 and 2007 elections. On Monday, Justice Secretary Leila de Lima said: "We are also creating a joint fact-finding committee which will be tasked to collate, gather, assess, and evaluate all available evidence — real, documentary, and testimonial evidence. The fact-finding committee will have 45 days to discharge its task." The fact-finding committee will be under the five-member preliminary investigation panel that will lead the probe into the alleged poll fraud, De Lima said. The fact-finding body will gather evidence as a preliminary inquiry determines if there is probable cause to file criminal cases against the respondents before the proper courts. De Lima, however, clarified that the main probe panel can begin its investigation "without waiting for the completion of the work of the fact-finding committee." Specific tasks In the joint order released Monday afternoon, the DOJ and the Comelec outlined the specific tasks of the fact-finding team. These include:

Gather and document reports, intelligence information, and investigative leads from official as well as unofficial sources and informants;

Conduct interviews, record testimonies, take affidavits of witnesses, and collate material and relevant documentary evidence, such as, but not limited to, election documents used in the 2004 and 2007 national elections. For security reasons, or to protect the identities of informants, the fact-finding team may conduct interviews or document testimonies discreetly;

Assess and evaluate affidavits already executed and other documentary evidence submitted or may be submitted to the fact-finding team and/or [preliminary investigation] committee;

Identify the offenders, their offenses and the manner of their commission, individually or in conspiracy, and the provisions of election and general criminal laws violated, establish evidence for individual criminal and administrative liability and prosecution, and prepare the necessary documentation such as complaints and charge sheets for the initiation of preliminary investigation proceedings against said individuals to be conducted by the Committee;

Upon the termination of its investigation, make a full and final report to the [preliminary investigation] committee, the Secretary of Justice, and the chairman of the Comelec. Alleged rigging of votes The investigation was spurred by the exposés of former elections supervisor Lintang Bedol and multiple murder suspect and suspended Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan. Both are key players in alleged rigging of votes in the 2004 and 2007 elections. Last month, a team of policemen led by Senior Superintendent Rafael Santiago also broke their silence and spoke publicly about the operation to break into the Batasan Pambansa complex in January and February 2005. Santiago said his team provided security to civilians, who supposedly stole original election returns (ERs) with fabricated ones. The operation was allegedly carried out ensure that former President Gloria Macapagal-Arroyo will still emerge as the winner should there be a recount of votes. A recount at that time was expected to be requested by actress Susan Roces, widow of the late Fernando Poe Jr., Mrs. Arroyo's closest opponent. Mrs. Arroyo's camp, however, has earlier denied involvement in poll fraud. - VVP/RSJ, GMA News