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EXCERPT FROM THE MINUT ES OF THE REGULAR EN B ANC

MEETING OF THE COM MISSIO N O N ELECTIONS

HELD ON 26 FEBRUARY 2013

Present:Chairm an Sixto S. Brillantes, Jr.

Co m m issione r Lucenito N. Tagle

Co m m issioner Elias R. Yusoph

C om m issio ne r Christian Robert S. Lim

C om m issio ne r Maria Gracia Cielo M. Padaca

X X X X X X X X X

13 - 0320 J . IN THE MATTER OF ENLISTING THE LEGAL

NETWORK FOR TRUTHFUL ELECTIONS (LENTE) AS A CIVIL

SOCIETY PARTN ER

This pertains to the Memorandum dated 22 February 2013 of

Commissioner Christian Robert S. Lim requesting for reconsideration

of the decision of the Com mission En Banc to require LENTE to file a

petition for accreditation as a citizens' arm under Rule 33 of the

COMELEC Rules of Procedure. The Memorandum of Commissioner

Lim reads:

This pertains to the Memorandum dated. 15 February 2013

with the subject 'PROPOSAL FOR LENTE TO BE CONSIDERED

AS A CIVIL SOCIETY PARTNER OF THE COMMISSION'

submitted by the undersigned for inclusion in the agenda of the

Commission En Banc's regular meeting held last 19 February 2013.

The undersigned respectfully requests for the

reconsideration of the Commission En Banc's decision to require

LENTE to file a petition for accreditation as a citizens' arm . This

plea for reconsideration is being made in light of the ur gen t need of

this Commission to educate the electorate, candidates and parties

on the significance of campaign finance laws and how to comply

with them. As men tioned in LENTE's Letter dated 15 February 2013,

the undersigned requested the assistance of LENTE to implement

campaign finance laws by engaging citizen volunteers and

empowering the electorate themselves to demand accountability

from their future elective officials, taking into account the limited

financial and h um an resources of the Comm ission. Nevertheless,this resource constraint is not an excuse from requiring candidates

and parties to strictly comply with campaign finance laws, nor it is

an excuse for the Commission from performing its duty to 'enforce

and administer all laws and regulations relative to the conduct of

an election' as man date d by the Constitution.

cAf

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Minute Resolution No. 13

In the Matter of Enlisting LENTE as a Civil Society Partner

Page 2

Under Section 52 (k) of the Omnibus Election Code, the

Commission is empowered to 'enlist non-partisan group or

organizations o f citizens from the civic, youth, professional, educational,

business or labor sectors known for their probity, impartiality and

integrity with the membership and capability to undertake a coordinatedoperation and activity to assist it in the implementation of the provision of

this Code and the resolutions, orders and instructions of the Commission

for the purpose o f ensuring free, orderly and honest election in any

constituency.' Note that in Rule 33 of the COMELEC Rules of

Procedure, any bona fide non-partisan grou p or organ ization 'may'

be accredited as citizens' arms of the Comm ission. The use of the

wo rd 'ma y' denotes that such a process is permissive in nature and

not ma ndato ry. It is the position of the unders igne d that the

Commission is duly empowered by law to enlist the assistance of

LENTE, with its specialized experience in promoting election

accountability, to perform very specific functions, such as:

1. Condu ct public awaren ess camp aigns on cam paign finance

laws and regulation through public fora and symposia;

2. Con duct worksh ops and training of volunteer campaign

finance monitors;

3. Assist in the conduct of briefings for political parties and

candidates on campaign finance;

4. Assist potential complainants in drafting actual sword

statements and affidavits and in initiating the appropriate

complaints;

5. Organize complaints desks, roving teams, and call centers to

aid the Commission and other deputized law enforcement

agencies to respond to complaints relating to election laws

and cam paign finance laws in particular;

6. Mon itor the progress of the complaints initiated in various

agencies, such as the D epartm ent of Justice or its prosecution

units; and

7. Participate in the audit, inspection and exam ination of all

disclosure reports and records submitted to the Commission.

It is w orth y of note to state at this point tha t the engagem ent

of LENTE as a civil society partner will entail no financial cost on

the pa rt of this Commission.

Kindly include this matter in the Agenda of the Regular EnBanc Meeting sch eduled for next Tuesday, 26 February 2013.

For your appropriate action please."1

c*r

1Footnotes omitted.

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Minute Resolution No. 13 -

In the Matter of Enlistin g LENTE as a Civil So ciety Partner

Page 3 of 3

The Commission RESOLVED, as it hereby RESOLVES, as

follows:

1. To grant the request of reconsideration of Com missioner

Lim and approve the enlistment of LENTE as a civil society

partner pursuant to Section 52 (k) of the Omnibus Election

Code;

2. To enter into a M emo rand um of Ag reem ent with LENTE

to specify the scope of the latter's duties and

responsibilities as a civil society partner of the

Commission;

3. To authorize Chairman Sixto S. Brillantes, Jr. to sign, for

and in behalf of the Commission, said Memorandum of

Agreement.

Let the Chairman of the Ad Hoc Campaign Finance Steering

Committee implement this Resolution.

SO ORDERED.

CHRISTIAN ROBERT S. LIM MARIA GRACI/A CIELO M. PADACA

Commissioner Commissioner