Rules on Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit
Content
RULE 64 - Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit Scope- review of judgments and final orders or resolutions of 1. Commission on Elections 2. Commission on Audit Who aggrieved party
Mode of review - to the Supreme Court on certiorari under Rule 65 How 1. 2. 3. 4. Filing of petition pay to the clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs Order to comment — If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof Comments of respondents. — The comments of the respondents shall be filed in eighteen (18) legible copies. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. No other pleading may be filed by any party unless required or allowed by the Court. Submission for decision. — Unless the Court sets the case for oral argument, or requires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be required or allowed, or the expiration of the period to do so
5. 6.
Grounds for outright dismissal: 1. Petition NOT sufficient in form and substance 2. filed manifestly for delay or 3. questions raised are too unsubstantial to warrant further proceedings. Contents of the Petition - verified - filed in eighteen (18) legible copies - name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment, final order or resolution a quo. - state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review - pray for judgment annulling or modifying the questioned judgment, final order or resolution. - accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. - the requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. - state the specific material dates showing that it was filed within the period fixed herein, and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3, Rule 46. - The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party, and of the timely payment of docket and other lawful fees. - The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.
Note: Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. When - within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. - The filing of a motion for new trial or reconsideration of said judgment or final order or resolution shall interrupt the period. - If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. Effect of filing shall not stay the execution of the judgment or final order or resolution sought to be reviewed, unless the Supreme Court shall direct otherwise
Mode of review - to the Supreme Court on certiorari under Rule 65 How 1. 2. 3. 4. Filing of petition pay to the clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs Order to comment — If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof Comments of respondents. — The comments of the respondents shall be filed in eighteen (18) legible copies. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. No other pleading may be filed by any party unless required or allowed by the Court. Submission for decision. — Unless the Court sets the case for oral argument, or requires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be required or allowed, or the expiration of the period to do so
5. 6.
Grounds for outright dismissal: 1. Petition NOT sufficient in form and substance 2. filed manifestly for delay or 3. questions raised are too unsubstantial to warrant further proceedings. Contents of the Petition - verified - filed in eighteen (18) legible copies - name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment, final order or resolution a quo. - state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review - pray for judgment annulling or modifying the questioned judgment, final order or resolution. - accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. - the requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. - state the specific material dates showing that it was filed within the period fixed herein, and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3, Rule 46. - The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party, and of the timely payment of docket and other lawful fees. - The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.
Note: Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. When - within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. - The filing of a motion for new trial or reconsideration of said judgment or final order or resolution shall interrupt the period. - If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. Effect of filing shall not stay the execution of the judgment or final order or resolution sought to be reviewed, unless the Supreme Court shall direct otherwise
