Rules of Procedure - Rule 6. Commencement of Action or Proceedings

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

Rule 6

Commencement of Action or Proceedings

Sec. 1. Commencement of Action or Proceedings by Parties. - Any natural or juridical person authorized by these rules to initiate any action or proceeding shall file with the Commission a protest or petition alleging therein his personal circumstances as well as those of the protestee or respondent, the jurisdictional facts, and a concise statement of the ultimate facts constituting his cause or causes of action and specifying the relief sought.  He may add a general prayer for such further or other relief as may be deemed just or equitable.

Sec. Commencement of Action by the Commission. - In cases where the Commission is authorized to initiate motu proprio an action or proceeding, the Commission shall issue an order for hearing reciting therein the purpose for which the hearing is being called for and a concise statement of facts giving rise thereto.  Copies of such order shall be served upon persons or registered political parties, organizations or coalition of political parties known to have an interest in the matter or who may be affected thereby, and published in a newspaper of general circulation in the Philippines at least ten (10) days before the scheduled date of hearing.

Part III	RULES OF PROCEDURE	Part III
Rule 5	Table of Contents	Rule 7

COMELEC Rules of Procedure - Rule 5

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

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.

Part III	RULES OF PROCEDURE	Part III
Rule 4	Table of Contents	Rule 6

COMELEC Rules of Procedure - Rule 2

PART II

POWERS OF THE COMMISSION

AND TRANSACTION OF BUSINESS

Rule 2

Powers of the Commission

Section 1. Express Powers. - In the performance of its administrative, quasi-judicial and judicial functions, the Commission shall exercise all such powers and functions as are expressly vested upon it by the Constitution and by law.

Sec. 2. Implied Powers. - The Commission shall likewise exercise such powers as are implied in or are necessary to the effective exercise of its express powers.

Sec. 3. Inherent Powers. - When performing its constitutional or statutory functions, the Commission shall have inherent power to:

1. Preserve and enforce order in its immediate presence;

2. Enforce order in proceedings before it or before any of its offices or officials empowered to conduct investigation under its authority.

3. Compel obedience to its judgments, orders and processes;

4. Control its ministerial officers and all other persons in any manner connected with a case before it, and in every manner appertaining thereto;

5. Compel the attendance of persons to testify in a case pending before it;

6. Administer or cause to be administered oaths in a case pending before it, and in all other cases where it may be necessary in the exercise of its powers;

7. Amend and control its processes and orders so as to make them conformable to law and justice;

8. Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.

Sec. 4. Means to Effect Jurisdiction. - All auxiliary writs, processes and other means necessary to carry into effect its powers or jurisdiction may be employed by the Commission; and if the procedure to be followed in the exercise of such power or jurisdiction is not specifically provided for by law or these rules, any suitable process or proceeding may be adopted.

Sec. 5. Powers and Duties of the Chairman. - The powers and duties of the Chairman of the Commission when discharging his functions in actions or proceedings before the Commission are as follows:

1. To issue calls for the sessions of the Commission;

2. To preside over the sessions of the Commission; and to act as Presiding Commissioner of a Division when expressly authorized in these Rules;

3. To designate any of the Commissioners to preside over sessions of the Commissions en banc in the event of his absence, disqualification or inhibition;

4. To preserve order and decorum during the session;

5. To decide all questions of order, subject to appeal to the Commission en banc;

6. To enforce orders, resolutions, and decisions of the Commission and the Divisions;

7. To sign interlocutory resolution, orders or rulings and temporary restraining orders of the Commission in cases not yet assigned to the Divisions;

8. To take such other measures as he may deem proper upon consultation with the other members of the Commission; and

9. To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.

Sec. 6. Powers and Duties of the Presiding Commissioner. - The powers and duties of the Presiding Commissioner of a Division when discharging its functions in cases pending before the Division shall be as follows:

1. To issue calls for the sessions of the Division;

2. To preside over the sessions of the Division;

3. To preserve order and decorum during the sessions of the Division;

4. To sign interlocutory resolutions, orders or rulings and temporary restraining orders in cases already assigned to the Division;

5. To decide all questions of order, subject to appeal to the full Division; and

6. To take such other measures as he may deem proper upon consultation with the other members of the Division. 

Part I	RULES OF PROCEDURE	Part II
Rule 1	Table of Contents	Rule 3

COMELEC Rules of Procedure - Part IV TOC

Part IV

DISPOSITION OF ACTIONS OR PROCEEDINGS

TABLE OF CONTENTS

RULE	DESCRIPTION
14	SUMMONS
15	PRE-TRIAL
16	SUBPOENA
17	HEARINGS
18	DECISIONS
19	MOTIONS FOR RECONSIDERATION

Part III	RULES OF PROCEDURE	Part III
Rule 13	Table of Contents	Rule 14

COMELEC Rules of Procedure - Part III TOC

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

TABLE OF CONTENTS

RULE	DESCRIPTION
5	PARTIES TO ACTIONS OR PROCEEDINGS
6	COMMENCEMENT OF ACTION OR PROCEEDINGS
7	PLEADINGS
8	INTERVENTION
9	AMENDED AND SUPPLEMENTAL PLEADINGS
10	PERIOD OF PLEADINGS
11	MOTIONS
12	SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
13	PROHIBITED PLEADINGS

Part II	RULES OF PROCEDURE	Part III
Rule 4	Table of Contents	Rule 5