Election Investigations Guidebook
accessible and accountable to citizens. The Philippines Anti-Red Tape Act, for
instance, requires all public agencies to set up service standards, known as
Citizen’s Charters. These Charters are made accessible to the public; they are
posted at a conspicuous place within a relevant office and disseminated in
published materials that detail the agency’s mandate, services available, and
procedures for filing complaints.395 The Act also provides for a Report Card Survey, through which the public offices and agencies that provide direct services
are subjected to a Civil Service Commission review. This Report Card is used to
obtain feedback on how provisions in Citizen’s Charters are being followed and
how agencies are performing.396In the electoral context, providing clear disclosure and feedback mechanisms can help inform domestic observation missions
and become a part of a broader effort to build trust in the electoral process.
Independent oversight bodies, such as ombudsmen offices, provide a public
check on investigators and the investigation body. In the Philippines, the Office
of the Ombudsman has the power to:
›
Investigate any act or omission of any public official, employee, office
or agency, including the Commission on Elections;
›
Direct any public official employee or agency to perform an act or
duty required by law, or to stop, prevent, and correct any violation
or irregularity;
›
Direct the body concerned to take appropriate action against a public
official or employee at fault, recommending removal, suspension, demotion, censure, or prosecution;
›
Determine the causes of mismanagement, fraud, and corruption; and
›
Make recommendations for addressing these issues.397
Standard Operating Procedures
Investigative bodies must establish clear, written Standard Operating Procedures (SOPs) to guide “the submission, receipt, handling, transfer, and disposition of evidence” in electoral disputes.398 SOPs must clearly define the duties
395
Anti-Red Tape Act, Rep. Act No. 9485, § 6 (2007) (Phil).
396
Id.
397
Const. (1987), art. XI(13) (Phil.).
398 Joseph T. Latta & Robert E. Giles, Professional Standards, 2012 Int’l Ass’n for Prop. & Evidence 13, http://www.iape.org/
standards/IAPE_Standards_2.4.pdf (SOPs refer to instructions which cover operations that can be standardized or regulated
without “loss of effectiveness”).
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