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RULE 64- Review of Judgments and Final Orders or Resolutions of the Commission on Elections and

the Commission on Audit

Scope- review of judgments and final orders or resolutions of

1. Commission on Elections

2. Commission on Audit

Who

- aggrieved party

Mode of review

- to the Supreme Court on certiorari under Rule 65

How

1. Filing of petition

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

3. Order to commentIf the Supreme Court finds the petition sufficient in form and substance, it shall

order the respondents to file their comments on the petition within ten (10) days from notice thereof

4. Comments of respondents.The comments of the respondents shall be filed in eighteen (18) legible

copies. The original shall be accompanied by certified true copies of such material portions of therecord as are referred to therein together with other supporting papers. The requisite number of

copies of the comments shall contain plain copies of all documents attached to the original and a copy

thereof shall be served on the petitioner.

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

6. Submission for decision.Unless the Court sets the case for oral argument, or requires the parties

to submit memoranda, the case shall be deemed submitted for decision upon the filing of the

comments on the petition, or of such other pleadings or papers as may be required or allowed, or the

expiration of the period to do so

Grounds for outright dismissal:

1. Petition NOT sufficient in form and substance

2. filed manifestly for delay or

3.

questions raised are too unsubstantial to warrant further proceedings.

Contents of the Petition

- verified

- filed in eighteen (18) legible copies

- name the aggrieved party as petitioner and shall join as respondents the Commission concerned and

the person or persons interested in sustaining the judgment, final order or resolution a quo.

- state the facts with certainty, present clearly the issues involved, set forth the grounds and brief

arguments relied upon for review

- pray for judgment annulling or modifying the questioned judgment, final order or resolution.

- accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order

or resolution subject thereof, together with certified true copies of such material portions of the

record as are referred to therein and other documents relevant and pertinent thereto.

-

the requisite number of copies of the petition shall contain plain copies of all documents attached tothe original copy of said petition.

- state the specific material dates showing that it was filed within the period fixed herein, and shall

contain a sworn certification against forum shopping as provided in the third paragraph of section 3,

Rule 46.

- The petition shall further be 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.

- The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground

for the dismissal of the petition.

8/13/2019 Rules on Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commissi

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