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

COMELEC Rules of Procedure - Part II TOC

PART II

POWERS OF THE COMMISSION AND TRANSACTION OF BUSINESS

TABLE OF CONTENTS

RULE	DESCRIPTION
2	POWERS OF THE COMMISSION
3	HOW THE COMMISSION TRANSACTS BUSINESS
4	DISQUALIFICATION AND INHIBITION

Part I	RULES OF PROCEDURE	Part II
Rule 1	Table of Contents	Rule 2

COMELEC Rules of Procedure - Rule 10

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

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.

Part III	RULES OF PROCEDURE	Part III
Rule 9	Table of Contents	Rule 11

COMELEC Rules of Procedure - Rule 9

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

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.

Part III	RULES OF PROCEDURE	Part III
Rule 8	Table of Contents	Rule 10

COMELEC Rules of Procedure - Rule 4

PART II

POWERS OF THE COMMISSION AND TRANSACTION OF BUSINESS

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	RULES OF PROCEDURE	Part III
Rule 3	Table of Contents	Rule 5

COMELEC Rules of Procedure - Rule 1

PART I

INTRODUCTORY PROVISIONS

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
 

Part I	RULES OF PROCEDURE	Part II
Rule 1	Table of Contents	Rule 2