PART II
TABLE OF CONTENTS
RULE
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DESCRIPTION
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3
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4
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Monday, February 15, 2010
COMELEC Rules of Procedure - Rule 10
Part III
Rule 10
Periods for Pleading
Section 1. Title to Answer. - Unless otherwise provide in these Rules,
a. In ordinary actions, special reliefs, and special proceedings, the answer must be filed within five (5) days from service of summons and a copy of the petition; and
b. In special actions and special cases, the answer must be filed within three (3) days from service of summon and a copy of the petition.
Sec. 2. Answer to Amended Protest or Petition. - If the protest or petition is amended, the time foxed for the filing and service of the answer shall, unless otherwise ordered, run from receipt of the notice of the order admitting the amended protest or petition or from service of such amended protest or petition. An answer filed before the amendment shall stand as an answer to the amended protest or petition, unless a new one is filed within five (5) days from notice or service as herein provided.
Sec. 3. Answer to Counter-Protest or Counterclaim. - A counter-protest, or a counterclaim when appropriate, must be filed within five (5) days from the date of service thereof upon the protestant or petitioner.
Sec. 4. Period to Intervene and Time to Answer Intervention. - Whenever intervention is allowed the same must be filed within five (5) days from receipt of the order permitting the intervention, unless a different period is fixed by the Commission or Division.
Sec. 5. Reply. - Unless otherwise provided in these Rules, a reply may be filed within five (5) days from receipt of the answer.
Sec. 6. Extension of Time to Plead. - Unless otherwise provided in these Rules, the time to plead may be extended by the Commission upon motion and on such terms as it may deem just.
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Rule 11
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COMELEC Rules of Procedure - Rule 9
Part III
Rule 9
Amended and Supplemental Pleadings
Section 1. When Amendments Allowed as a Matter of Right. - A party may amend his pleadings once as a matter of course at any time before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within five days after it is served.
Sec. 2. Amendments Only by Leave. - After the case is set for hearing, substantial amendments may be made only upon leave of the Commission or the Division, as the case may be. Such leave may be refused if it appears to the Commission or the Division that the motion was made with intent to delay the action or that the cause of action or defense is substantially altered. Orders of the Commission or the Division upon the matters provided in this section shall be made upon motion duly filed, and after the adverse party has been notified and afforded an opportunity to be heard.
Sec. 3. Matters Subject of Supplemental Pleadings. - Upon motion of a party the Commission or a Division, as the case may be, may, upon notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. If the Commission or the Division deems it advisable that the adverse party should plead thereto, it shall so order, specifying the time therefor.
COMELEC Rules of Procedure - Rule 4
PART II
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
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Table of Contents
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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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COMELEC Rules of Procedure - Rule 3
PART II
Rule 3
How the Commission Transacts Business
Section 1. How Business is Transacted. - In the exercise of its Constitutional or statutory powers, functions, and duties, the Commission may sit en banc or in to Divisions.
Sec. 2. The Commission En Banc. - The Commission shall sit en banc in cases hereinafter specifically provided, or in pre-proclamation cases upon a vote of a majority of the members of the Commission, or in all other cases where a division is not authorized to act, or where, upon a unanimous vote of all the Members of a Division, an interlocutory matter or issue relative to an action or proceeding before it is decided to be referred to the Commission en banc.
Sec. 3. The Commission Sitting in Divisions. - The Commission shall sit in two (2) Divisions to hear and decide protests or petitions in ordinary actions, special actions, special cases, provisional remedies, contempt, and special proceedings except in accreditation of citizen's arms of the Commission.
Sec. 4. Composition of a Division. - Each Division shall be composed of three Commissioners, one of whom shall be the Presiding Commissioner. The Commission en banc shall determine who shall compose a Division.
Sec. 5. Quorum; Votes Required. -
a. When sitting en banc, four (4) Members of the Commission shall constitute a quorum for the purpose of transacting business. The concurrence of a majority of the Members of the Commission shall be necessary for the pronouncement of a decision, resolution, order or ruling.
b. When sitting in Division, two (2) Members of a Division shall constitute a quorum to transact business. The concurrence of at least two (2) Members of a Division shall be necessary to reach a decision, resolution, order or ruling. If this required number is not obtained, the case shall be automatically elevated to the Commission en banc for decision or resolution.
c. Any motion to reconsider a decision, resolution, order or ruling of a Division shall be resolved by the Commission en banc except motions on interlocutory orders of the division which shall be resolved by the division which issued the order.
Sec. 6. Change in Composition; Substitution. - The composition of a Division may be changed by the Chairman of the Commission whenever necessary, Provided that no change shall be made more than once every three (3) months; Provided Moreover, that notice thereof in writing shall be furnished the parties in cases pending before the Division concerned. Whenever there is a vacancy in a Division because a member inhibits himself, is absent, or is disqualified from sitting in a case, or when a division has only two (2) regular members, the Chairman may appoint a substitute Commissioner, or the Chairman himself may sit as substitute or third member, and in that event he shall preside.
Sec. 7. Sessions. - The Commission or the Divisions shall hold sessions on such days and time as it may specify at the session hall of the Commission, or at such other places in the Philippines as it may designate.
Sec. 8. Assignment of Cases. - The assignment of cases of the two (2) Divisions herein constituted shall be done strictly through raffle to be conducted regularly by the Chairman of the Commission in the presence of at least a majority of the Commissioner; Provided, That the assignment of cases shall be made as evenly as possible.
Sec. 9. Consolidation of Cases. - When an action or proceeding involves a question of law and fact which is similar to or common with that of another action or proceeding, the same may be consolidated with the action or proceeding bearing the lower docket number.
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