On 06 Feb 1988, a permanent nursing attendant filed a complaint agaisnt the OIC-Mayor with the COMELEC for allegedly transferring her to a very remote barangay without prioer permission or clearance from the COMELEC. On 26 Sep 1988, a criminal case was filed with the respondent court for violation of Secrion 261, Paragraph h of the Omnibus Election Code.
Whethe ror not a preliminary investigation conducted by a provincial election supervisor involving election offenses have to be coursed throught the provincial fiscal before the RTC may take cognizance of the investigation and determine whether there is probable cause.
The determination of probable cause is a function of the judge. It is not for the provincial fiscal or prosecutor nor for the election supervisor to ascertain.