Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 7

Part III

Rule 7
Pleadings



Section 1. Filing of Pleadings. - Every pleading, motion and other papers must be filed in ten (10) legible copies.  However, when there is more than one respondent or protestee, the petitioner or protestant must file additional number of copies of the petition or protest as there are additional respondents or protestees.

Sec. 2. How Filed. - The documents referred to in the immediately preceding section must be filed directly with the proper Clerk of Court of the Commission personally, or, unless otherwise provided in these Rules, by registered mail.  In the latter case, the date of mailing is the date of filing and the requirement as to the number of copies must be complied with.

Sec. 3. Form of Pleadings, etc. -
a.  All pleadings allowed by these Rules shall be printed, mimeographed or typewritten on legal size bond paper and shall be in English or Filipino. 
b. Protests or petitions in ordinary actions, special actions, special cases, special reliefs, provisional remedies, and special proceedings, as well as counter-protests, counter-petitions, interventions, motions for reconsideration, and appeals from rulings of board of canvassers shall be verified.  All answers shall be verified. 
c. A pleading shall be verified only by an affidavit stating that the person verifying the same has read the pleading and that the allegations therein are true of his own knowledge.  Verifications based on "information or belief" or upon "knowledge," "information" or "belief" shall be deemed insufficient. 
d.  Each pleading shall contain a caption setting forth the name of the Commission, the title of the case, the docket number and the designation of the pleading.  When an action or proceeding has been assigned to a Division, the caption shall set forth the name of the Division.
Sec. 4. Docket and Assignment of Numbers. - Upon the Filing of a protest or petition, the Clerk of Court of the Commission concerned shall docket the same and assign to it a docket number.  The numbering must be consecutive according to the date it is filed, must bear the year, and prefixed as follows:
a. EPC - for Ordinary Actions 
b. EAC - for Appealed Cases 
c. SPA - for Special Actions 
d. SPC - for Special Cases 
e. SPR - for Special Reliefs 
f. SPP - for Special Proceedings 
g. EO - for Election Offenses
Sec. 5. Non-acceptance of Pleadings. - No pleading shall be accepted by the Commission unless it conforms to the formal requirement provided herein.



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