Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 5

Part III

Rule 5
Parties to Actions or Proceedings


Section 1. Applicability. - The Rules under Part III shall apply to all actions and proceedings hereinafter provided for.

Sec. 2. Who May Be Parties. - Only natural or juridical persons or entitites duly authorized by law, such as a voter, a candidate, or registered political parties, organization or coalition of political parties, including parties or organizations under the party-list system, and any such person permitted by these Rules to bring an action or proceeding may be parties in any action or proceeding before the Commission.

Sec. 3. Parties in Interest. - All actions filed with the Commissioner must be prosecuted and defended in the name of the real party in interest.

Sec. 4. Designation of Parties. - A person qualified to be a party under Sec. 2 of this Rule seeking relief shall be referred to as Petitioner or Protestant.  Any person who claims interest adverse to the petitioner or protestant or against whom a claim or interest is directed by the petitioner or protestant, shall be referred to as the Respondent or Protestee.

Sec. 5. Class Suit. - When the subject matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the Commission, one or more may sue or defend for the benefit of all.  But in such case, the Commission shall make sure that the parties actually before it are sufficiently numrous and representative so that all interests concerned are fully protected.  Any party in interest shall have a right to intervene to protect his individual interest.

Sec. 6. Compulsory Joinder of Indispensable Parties. - Parties in interest without whom no final determination of an action can be had shall be joined either as petitioner or protestant or respondent or protestee.

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