EXCERPT FROM THE M IN U T E S OF THE REGULAR EN BAN C M EETING OF THE C O M M IS S IO N O N ELECTIONS HELD O N 26 FEBRUARY 2013

Present: Chairm an C om m ission er C om m ission er C om m ission er C om m ission er

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Sixto S. Brillantes, Jr. Lucenito N. Tagle Elias R. Y usoph Christian Robert S. Lim Maria Gracia Cielo M. Padaca
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13 - 0320 J . IN THE MATTER OF ENLISTIN G THE LEGAL NETW O RK FOR TRUTHFUL ELECTIONS (LENTE) A S A CIVIL SOCIETY PARTNER

This pertains to the Memorandum dated 22 February 2013 of C om m issioner Christian Robert S. Lim requesting for reconsideration of the decision of the C om m ission 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 C om m issioner Lim reads:
This pertains to the Memorandum dated. 15 February 2013 w ith the subject 'PROPOSAL FOR LENTE TO BE CONSIDERED AS A CIVIL SOCIETY PARTNER OF THE COMMISSION' subm itted by the undersigned for inclusion in the agenda of the Com mission En Banc's regular m eeting 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 m ade in light of the urgent need of this Com m ission to educate the electorate, candidates and parties on the significance of cam paign finance laws and how to comply w ith them. As m entioned in LENTE's Letter dated 15 February 2013, the undersigned requested the assistance of LENTE to im plem ent cam paign finance laws by engaging citizen volunteers and em pow ering the electorate themselves to dem and accountability from their future elective officials, taking into account the limited financial and hum an resources of the Commission. Nevertheless, this resource constraint is not an excuse from requiring candidates and parties to strictly comply w ith cam paign finance laws, nor it is an excuse for the Commission from perform ing its duty to 'enforce and adm inister all laws and regulations relative to the conduct of an election' as m andated by the Constitution.

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Minute Resolution N o. 13 In the Matter of Enlisting LENTE as a Civil Society Partner

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U nder Section 52 (k) of the O m nibus Election Code, the Com m ission is em pow ered 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 coordinated operation and activity to assist it in the implementation o f 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 group or organization 'm ay' be accredited as citizens' arm s of the Commission. The use of the w ord 'm ay' denotes that such a process is permissive in nature and not m andatory. It is the position of the undersigned that the Com mission is duly em pow ered by law to enlist the assistance of LENTE, w ith its specialized experience in prom oting election accountability, to perform very specific functions, such as: 1. C onduct public awareness cam paigns on cam paign finance laws and regulation through public fora and symposia; 2. C onduct w orkshops and training of volunteer cam paign finance monitors; 3. Assist in the conduct of briefings for political parties and candidates on cam paign finance; 4. Assist potential com plainants in drafting actual sw ord statem ents and affidavits and in initiating the appropriate complaints; 5. Organize complaints desks, roving teams, and call centers to aid the Comm ission and other deputized law enforcement agencies to respond to complaints relating to election laws and cam paign finance laws in particular; 6. M onitor 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 examination of all disclosure reports and records subm itted to the Commission. It is w orthy of note to state at this point that the engagem ent of LENTE as a civil society partner will entail no financial cost on the p art of this Commission. Kindly include this m atter in the Agenda of the Regular En Banc Meeting scheduled for next Tuesday, 26 February 2013. For your appropriate action please."1

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1 Footnotes omitted.

Minute Resolution N o. 13 In the Matter of Enlisting LENTE as a Civil Society Partner

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The C om m ission RESOLVED, as it hereby RESOLVES, as follows: 1. To grant the request of reconsideration of C om m issioner Lim and approve the enlistm ent of LENTE as a civil society partner pursuant to Section 52 (k) of the O m nibus Election Code; To enter into a M em orandum of A greem ent w ith LENTE to specify the scope of the latter's duties and responsibilities as a civil society partner of the C om m ission; To authorize Chairman Sixto S. Brillantes, Jr. to sign, for and in behalf of the C om m ission, said M em orandum of A greem ent.

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Let the Chairman of the Ad H oc Cam paign Finance Steering C om m ittee im plem ent this Resolution.

SO O RDERED.

CHRISTIAN ROBERT S. LIM Commissioner

MARIA GRACI/A CIELO M. PADACA Commissioner