Review of Judgments and Final Orders or Resolutions of the

Commission on Elections and the Commission on Audit

RULE 64

Scope
-

This Rule shall govern the review of judgments and final orders or resolutions of the
Commission on Elections and the Commission on Audit.

Mode of review
-

A judgment or final order or resolution of the Commission on Elections and the

Commission on Audit may be brought by the aggrieved party to the Supreme Court
on certiorari under Rule 65, except as hereinafter provided.

Time to file Petition

a. within thirty (30) days from notice of the judgment or final order or resolution sought
to be reviewed.
Filing of a motion for new trial or reconsideration interrupts the period herein fixed.
If motion is denied
b. File the petition within the remaining period, but which shall not be less than five (5)
days in any event, reckoned from notice of denial.

The petitioner shall pay to the clerk of court the docket and other lawful fees and
deposit the amount of P500.00 for costs.

Form and Contents of Petition

a. Petition shall be verified and filed in eighteen (18) legible copies.
b. Name the aggrieved party as petitioner and shall join as respondents the Commission
concerned and the person or persons interested in sustaining the judgment,
c. State the facts with certainty
d. Present clearly the issues involved
e. Set forth the grounds and brief arguments relied upon for review
f. Pray for judgment annulling or modifying the questioned judgment, final order or
resolution
g. shall be accompanied by a clearly legible duplicate original or certified true copy of
the judgment together with certified true copies of such material portions of the
record

h. state the specific material dates showing that it was filed within the period fixed and
should contain a sworn certification against forum shopping
i. Accompanied by proof of service of a copy thereof on the Commission concerned and
on the adverse party, and of the timely payment of docket and other lawful fees.

Findings of fact of the Commission supported by substantial evidence shall be final

and non-reviewable.
The failure of petitioner to comply with any of the foregoing requirements shall be
sufficient ground for the dismissal of the petition.

When to file a comment by the respondent

-

Ten (10) days from notice

if it was filed manifestly for delay or the questions raised are too unsubstantial to
warrant further proceedings, the Court can dismiss the petition

Comments of respondent
-

Shall be filed in eighteen (18) legible copies; The original shall be accompanied by
certified true copies of such material portions of the record as are referred to therein
together with other supporting papers.

No other pleading may be filed by any party unless required or allowed by the Court.

Effect of filing
-

The filing of a petition for certiorari shall not stay the execution of the judgment or
final order or resolution sought to be reviewed, unless the Supreme Court shall direct
otherwise upon such terms as it may deem just

When is it deemed submitted for decision

a. Upon the filing of the comments on the petition
b. Upon filing of other pleadings or papers as may be required or allowed
c. Expiration of the period to file a comment.

Certiorari, Prohibition and Mandamus

RULE 65

Petition for Certiorari

-

When any tribunal, board or officer exercising judicial or quasi-judicial functions has
acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary course of law, a person aggrieved
thereby may file:

a.
b.

A verified petition in the proper court, alleging the facts with certainty
praying that judgment be rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental reliefs as law and justice may
require

Petition for prohibition

-

When the proceedings of any tribunal, corporation, board, officer or person, whether
exercising judicial, quasi-judicial or ministerial functions, are without or in excess of
its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file:

a.
b.

A verified petition in the proper court, alleging the facts with certainty
Praying that judgment be rendered commanding the respondent to desist from
further proceedings in the action or matter specified therein;
c. Granting such incidental reliefs as law and justice may require.

Petition for Mandamus

-

When any tribunal, corporation, board, officer or person unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting from an
office, trust, or station, or unlawfully excludes another from the use and enjoyment of
a right or office to which such other is entitled, and there is no other plain, speedy
and adequate remedy in the ordinary course of law, the person aggrieved thereby
may file:

a.
b.

A verified petition in the proper court, alleging the facts with certainty
Praying that judgment be rendered commanding the respondent, immediately or at
some other time to be specified by the court, to do the act required to be done to

protect the rights of the petitioner, and to pay the damages sustained by the
petitioner by reason of the wrongful acts of the respondent.

In the first two petitions mentioned above, it should be accompanied by a certified

true copy of the judgment, order or resolution subject thereof, copies of all pleadings
and documents relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46.
For petition for mandamus, it should contain a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46

When to file
-

Not later than sixty (60) days from notice of the judgment, order or resolution.
If a motion for reconsideration or new trial is timely filed, whether such motion is
required or not, the sixty (60) day period shall be counted from notice of the denial of
said motion.

No extension of time to file the petition shall be granted except for compelling reason
and in no case exceeding fifteen (15) days.

Where to file
a. Supreme Court
b. If it relates to the acts or omissions of a lower court or of a corporation, board, officer
or person, in the Regional Trial Court exercising jurisdiction over the territorial area
c. Court of Appeals whether or not the same is in aid of its appellate jurisdiction or if it
involves the acts or omissions of a quasi-judicial agency
d. Sandiganbayan if it is in aid of its appellate jurisdiction.

Duty of Petitioner/Private Respondent

-

When the petition filed relates to the acts or omissions of a judge, court, quasijudicial agency, tribunal, corporation, board, officer or person, the petitioner shall
join, as private respondent or respondents with such public respondent or
respondents, the person or persons interested in sustaining the proceedings in the
court.

Private respondent shall have the duty to:

Appear and defend, both in his or their own behalf and in behalf of the public
respondent or respondents affected by the proceedings
The costs awarded in such proceedings in favor of the petitioner shall be against the
private respondents only, and not against the judge, court, quasi-judicial agency,

tribunal, corporation, board, officer or person impleaded as public respondent or

respondents.
The court may also direct the public respondents not appear in or file an answer or
comment to the petition or any pleading therein.
Furthermore, if the case is elevated to a higher court by either party, the public
respondents shall be included therein as nominal parties.

When to comment the Petition

-

If the petition is sufficient in form and substance to justify such process, within ten
(10) days from receipt of a copy thereof.

In petitions for certiorari before the Supreme Court and the Court of Appeals, the
provisions of section 2, Rule 56, shall be observed. Before giving due course thereto,
the court may require the respondents to file their comment to, and not a motion to
dismiss, the petition. Thereafter, the court may require the filing of a reply and such
other responsive or other pleadings as it may deem necessary and proper.

Expediting proceedings; injunctive relief

The court in which the petition is filed may issue:
a. Orders expediting the proceedings
b. Temporary restraining order
c. Writ of preliminary injunction for the preservation of the rights of the parties pending
such proceedings.

The petition shall not interrupt the course of the principal case unless a temporary
restraining order or a writ of preliminary injunction has been issued against the public
respondent.

Proceedings after comment is filed

-

The court may hear the case or require the parties to submit memoranda. If after
such hearing or submission of memoranda or the expiration of the period for the
filing thereof the court finds that the allegations of the petition are true, it shall
render judgment for the relief prayed for or to which the petitioner is entitled.

The court, however, may dismiss the petition if it finds the same to be patently
without merit, prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration.

Service and enforcement of order or judgment.

a. A certified copy of the judgment rendered in accordance with the last preceding
section shall be served upon the court, quasi-judicial agency, tribunal, corporation,
board, officer or person concerned and;
b. In case of disobedience, the punishment shall be contempt.