Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 1


PART I
February 15, 1993

Rule 1
Title and Construction


Section 1. Title of the Rules. - These rules shall be known and cited as the COMELEC Rules of Procedure.

Sec. 2. Applicability. - These rules, except Part VI, shall apply to all actions and proceedings brought before the Commission. Part VI shall apply to election contests and quo warranto cases cognizable by courts of general jurisdiction.

Sec. 3. Construction. - These rules shall be liberally construed in order to promote the effective and efficient implementation of the objectives of ensuring the holding of free, orderly, honest, peaceful and credible elections and to achieve just, expeditious and inexpensive determination and disposition of every action and proceeding brought before the Commission.

Sec. 4. Suspension of the Rules. - In the interest of justice and in order to obtain speedy disposition of all matters pending before the Commission, these rules or any portion thereof may be suspended by the Commission.

Sec. 5. Meaning of Words. - Whenever used in these Rules, the following words or terms shall mean:

a.   Commission - the Commission on Elections

b.   Division - a Division of the Commission on Elections

c.   Chairman - the Chairman of the Commission on Elections

d.   Commissioner - a Commissioner of the Commission on Elections

e.   Member - the Chairman or a Commissioner

f.   Ordinary Actions - shall refer to Election Protests, Quo warranto, and Appeals from decisions of courts in election protest cases

g.   Special Actions - shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as a nuisance candidate, to disqualify a candidate or to postpone or suspend an election

h.   Special Cases - shall refer to Pre-proclamation cases

i.  Special Reliefs - shall refer to Certiorari, Prohibition, Mandamus and Contempt

j.    Provisional Remedies - shall refer to injunction and/or restraining order

k.  Special Proceedings - shall refer to annulment of permanent list of voters, registration of political parties and accreditation of citizens' arms of the Commission
 



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