The misuse of public funds for electoral purposes is a grave violation of Philippine election laws, categorized as an election offense. Under the Omnibus Election Code (OEC) and subsequent COMELEC Resolutions, the use of government resources to influence the outcome of an election undermines the democratic process.
If you have evidence of such activities—ranging from the use of government vehicles for campaigning to the distribution of "ayuda" (aid) using public funds to favor specific candidates—here is the comprehensive legal guide on how to file a complaint.
1. Legal Basis for the Complaint
The primary legal basis for complaints regarding the misuse of public funds is Section 261 of Batas Pambansa Blg. 881 (Omnibus Election Code). Specific prohibited acts include:
- Section 261 (o): Use of public funds, money deposited in trust, equipment, or facilities owned or controlled by the government for an election campaign.
- Section 261 (v): Prohibition against the release, withdrawal, or disbursement of public funds during the 45 days before a regular election (and 30 days before a special election).
- Section 261 (w): Prohibition against the construction of public works, delivery of materials for public works, and issuance of treasury warrants or similar devices during the prohibited period.
- Abuse of State Resources (ASR): Modern COMELEC regulations (e.g., COMELEC Resolution No. 11104) further define ASR to include the misuse of budgetary, regulatory, or coercive powers of the state for electoral advantage.
2. Who Can File?
Any registered voter, political party, or coalition may file a complaint. While anonymous tips can trigger a motu proprio (on its own) investigation by COMELEC, a formal legal complaint requires a named complainant to provide sworn testimony.
3. Preparing the Complaint-Affidavit
A formal complaint must be in the form of a Sworn Complaint-Affidavit. To be legally sufficient, it must contain:
Core Requirements:
- Full Identity: Names and addresses of the complainant(s) and respondent(s).
- Chronological Statement of Facts: A detailed "who, what, when, and where" of the misuse.
- Specific Violations: Citation of the specific provision of the Omnibus Election Code or COMELEC Resolution violated.
- Personal Knowledge: A statement that the allegations are based on the complainant’s personal knowledge or authentic records.
- Verification and Certification against Forum Shopping: A sworn statement that you have not filed the same case in another forum.
Essential Evidence to Attach:
- Documentary Evidence: Disbursement vouchers, photos of government vehicles with campaign stickers, or posters of public projects bearing the candidate’s name.
- Testimonial Evidence: Affidavits from witnesses who saw the distribution or misuse.
- Digital Evidence: High-resolution photos, videos, or social media posts (ensure you preserve the metadata or use timestamps).
4. The Filing Process
Once the Complaint-Affidavit is ready and notarized, follow these steps:
| Step | Action | Location/Detail |
|---|---|---|
| 1 | Choose the Venue | File with the COMELEC Law Department in Intramuros, Manila, or the nearest COMELEC Regional/Field Office. |
| 2 | Payment of Fees | Pay the required filing and legal research fees (usually around ₱200-₱500, though this can vary by resolution). |
| 3 | Submission | Submit the original and at least three (3) copies of the complaint and all annexes. |
| 4 | Electronic Filing | Per recent digital initiatives, you may also email a PDF of the notarized complaint to law@comelec.gov.ph, but original hard copies must follow within a few days. |
5. What Happens After Filing?
- Preliminary Investigation: The COMELEC Law Department (or a deputized prosecutor) will determine if there is probable cause.
- Respondent's Counter-Affidavit: The person you accused will be given a chance to respond.
- Resolution: If probable cause is found, COMELEC will file a criminal information in the Regional Trial Court (RTC).
- Disqualification: If the respondent is a candidate, a separate petition for disqualification (under Section 68 of the OEC) may be filed simultaneously based on the same acts.
6. Penalties for Conviction
If found guilty of an election offense involving the misuse of public funds, the penalties are severe:
- Imprisonment: One (1) to six (6) years.
- Disqualification: Permanent disqualification from holding any public office.
- Deprivation of Rights: Loss of the right to vote.
- Fines: For political parties, heavy fines may be imposed.
7. Strategic Considerations
- The "Kontra Bigay" Committee: In 2025 and 2026, COMELEC has intensified the "Kontra Bigay" program. Utilizing their specialized task forces can speed up the validation of evidence.
- Commission on Audit (COA): It is often effective to furnish a copy of your complaint to the COA, as they have the primary mandate to audit the use of public funds and can provide official audit reports to bolster your case.
- Timeline: Act immediately. While the prescription period for election offenses is generally five (5) years, filing during the election period allows for more effective intervention, such as preventing the candidate's proclamation.