Members of fact-finding panel in DOJ-Comelec poll fraud probe named

Published August 23, 2011 12:19pm

Justice Secretary Leila de Lima has tapped department officials, prosecutors, and National Bureau of Investigation lawyers to be part of the fact-finding team that will assist the DOJ-Commission on Elections joint inquiry into allegations of poll fraud in the 2004 and 2007 elections. In Department Order No. 675 issued Tuesda, De Lima named DOJ Assistant Secretary Zabedin M. Azis as chair of the fact-finding team. Azis will have the following as members: Malabon-Navotas City Prosecutor Jorge G. Catalan Jr., Muntinlupa City Prosecutor Edward M. Togonon, and NBI lawyers Cesar Bacani and Dante Jacinto. The fact-finding team was given 45 days to conduct its evidence-gathering and submit a report to the DOJ, Comelec, and the joint preliminary investigation panel formed by the two agencies. The preliminary investigation committee, headed by Prosecutor General Claro Arellano, will carry out the main poll fraud inquiry. A preliminary probe seeks to determine if there is probable cause that warrants the indictment of the named respondents before the proper courts. Duties of fact-finding team In an earlier order, the DOJ and the Comelec agreed to designate the following tasks to the fact-finding team:

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. â€” Sophia Dedace/RSJ, GMA News

Tags: 2004pollfraud, 2004polls, 2007pollfraud, 2007polls, comelec