Election Investigations Guidebook
of the offense, penalties for improper, wrongful, or negligent conduct may
include transfer, suspension, termination, fine, and prosecution.386
The Philippines provides a good example of a comprehensive procedure
for disciplinary action and associated penalties. According to the election
law, if an election officer is found guilty of misconduct following a procedure
that protects the officer’s due process rights, the authority with jurisdiction
over the matter can order suspension, removal from office, and fines.387 The
Anti-Graft and Corrupt Practices Act provides for further penalties, including
imprisonment, fines, removal or dismissal from public office, permanent
disqualification from public office, and confiscation or forfeiture of assets.388
In addition, the Congress is empowered to impeach members of the Election
Commission for a culpable violation of the Constitution, such as treason or
corruption.389
386 See, e.g., Kingdom of Bhutan, Election Act of the Kingdom of Bhutan § 324 (2008); Republic of Georgia, Law of Georgia
on Public Service No. 45, arts. 78, 79 (1997).
387 Omnibus Election Code, B.P.Blg. 881, art. VII, sec. 52 (Phil.) (“[A]s any public official or employee, regardless of whether
or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months’ salary or suspension not
exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate
body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine
not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.”)
388
Anti-Graft and Corrupt Practices Act, Rep. Act No. 3019, § 9 (1960) (Phil.).
389 Const. (1987), art. XI, sec. 2 (Phil.) (“The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public
trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.”).
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