COMELEC Rules of Procedure - Rule 4

PART II

POWERS OF THE COMMISSION AND TRANSACTION OF BUSINESS

Rule 4

Disqualification and Inhibition

Section 1.  Disqualification or Inhibition of Members. -

a.  No Member shall sit in any case in which he or his spouse or child is related to any party within the sixth civil degree of consanguinity or affinity, or to the counsel of any of the parties within the fourth civil degree of consaguinity or affinity, or in which he has publicly expressed prejudgment as may be shown by convincing proof, or in which the subject thereof is a decision promulgated by him while previously serving as presiding judge of an inferior court, without the written consent of all the parties, signed by them and entered in the records of the case; Provided, that no Member shall be the "ponente" of an en banc decision/resolution on a motion to reconsider a decision/resolution written by him in a Division. 

b.  If it be claimed that a Member is disqualified from sitting as above provided, the party raising the issue may, in writing, file his objection with the Commission, stating the grounds therefor.  The member concerned shall either continue to participate in the hearing or withdraw therefrom, in accordance with his determination of the question of his disqualification.  His decision thereon shall forthwith be made in writing and filed with the Commission for proper notation and with the records of the case.  No appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency until after final judgment in the case. 

c.  A Member may, in the exercise of his sound discretion, inhibit himself from sitting in a case for just or valid reasons other than those mentioned above.

Sec. 2.  Disqualification Resulting in Lack of Quorum. - If the disqualification o inhibition of a Member should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Court of Appeals, upon request of the Commission, shall designate a Justice of said Court to sit in said case for the purpose of hearing and rendering a decision thereon.

Part II	RULES OF PROCEDURE	Part III
Rule 3	Table of Contents	Rule 5