Article 101p. 101

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

dispose of it summarily within three (3) days from the

period of referral by the Commission en banc.

(b) The appeal filed with the Commission shall be

docketed by the Clerk of Court concerned.

(c) The answer/opposition shall be verified.

(d) The Division to which the case is assigned shall

immediately set the case for hearing.

(e) At the hearing, no new evidence shall be received,

unless

for

good

reasons

shown,

it

is

clearly

and

convincingly established that the appellant was deprived

of due process by the board of canvassers.

(f) If the appellant is allowed to present new evidence,

oral testimonies may be dispensed with, and in lieu

thereof, the parties may be required to submit their

position

papers,

together

with

affidavits,

counter-affidavits, and other documentary evidence, after

which the case shall be deemed submitted for decision.

Section

11.

Period

Within

Which

Boards

of

Canvassers

Must

Complete

Canvass.

—

Subject to

reasonable

exceptions,

board

of

canvassers

must

complete their canvass within thirty-six (36) hours in cities

not comprising at least one legislative district, and in

municipalities;

within

forty-eight

(48) hours in cities

comprising one or more legislative district and within

seventy-two (72) hours in the provinces.

Section

12.

Submission

of

the

Minutes

of

the

Proceedings of the Board. — Within 15 days from the

termination of canvass, the secretary of the board of

canvassers shall submit to the Law Department of the

Commission on Elections in Manila by registered mail a

certified copy of the minutes of the proceedings of the

board, together with its written rulings on objections to

the

composition

or

proceedings

of

the

board

of

canvassers,

to the inclusion or exclusion of election

returns or to correction of tabulation, and any evidence

offered by the parties, and shall notify by telegram the

said

department

of

the

date

and

the

manner

of

transmittal of the minutes.

D. SPECIAL RELIEFS

Rule 28 — Certiorari, Prohibition and Mandamus

Sec. 1. When Available. — In aid of its appellate

jurisdiction in election cases before courts of general

jurisdiction

relating

to

the

elections,

returns

and

qualifications of elective Municipal officials, and before

courts of limited jurisdiction in cases relating to the

elections, returns and qualifications of elective barangay

officials, the Commission en banc may hear and decide

petitions for certiorari, prohibition or mandamus.

Section 2. Petition for Certiorari or Prohibition. —

When any court or judge hearing election cases has

acted without or in excess of its or his jurisdiction or with

grave abuse of discretion and there is no appeal, nor any

plain, speedy, and adequate remedy in the ordinary

course of law, a person aggrieved thereby may file a

petition for certiorari or prohibition with the Commission

alleging

the

facts

with

certainty

and

praying

that

judgment

be

rendered

annulling

or

modifying

the

proceedings, as the law requires, of such court or judge,

or

commanding

it

or

him

to

desist

from

further

proceeding with the action or matter specified therein, as

the case may be.

The petition shall be accompanied by a certified true

copy of the judgment or order subject thereof, together

with all pleadings and documents relevant and pertinent

thereto.

Section 3. Petition for Mandamus. — When a court

or judge in an election case unlawfully neglects the

performance of an act which the law specifically enjoins

as a duty resulting from his office in relation to such case

and there is no other plain, speedy and adequate remedy

in the ordinary course of law, the person aggrieved

thereby may file a petition with the Commission alleging

the facts with certainty and praying that judgment be

rendered commanding the respondent immediately or at

some other specified time 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

acts complained of.

Section 4. Duty of Clerk of Court of the Commission .

— Upon the filing of the petition, the Clerk of Court

concerned shall calendar the case for en banc ex-parte

hearing of the Commission to determine if it is sufficient

in form and substance.

Section 5. Order to Answer . — If the Commission en

banc shall determine that the petition is sufficient in form

and substance, it shall issue an order requiring the

respondent to answer the petition within ten (10) days

from receipt of a copy thereof. Such order shall be served

on the respondent in such manner as the Commission

may direct, together with a copy of the petition.

Section 6. Proceedings After Answer . — Once an

answer is filed, or the time for its filing has expired, the

Commission may order the proceedings complained of to

be forthwith certified for review and shall hear the case,

and if after such hearing the Commission finds that the

allegations are true, it shall render judgment for such

relief prayed as the petitioner is entitled to, with or

without costs, as justice requires.

Rule 29 — Contempt

Section 1. Direct Contempt Punished Summarily. —

A person guilty of misbehavior in the presence of or so

near the Commission or any of its Divisions as to obstruct

or interrupt the proceedings before it or them, including

disrespect toward the Commission or Division, offensive

personalities toward others or refusal to be sworn or to

answer as a witness, or to subscribe to an affidavit or

deposition when lawfully required to do so, may be

summarily

adjudged

in

direct

contempt

by

the

Commission or any of its Division and punished by a fine

not

exceeding

two

hundred

(P200.00)

pesos

or

imprisonment not exceeding ten (10) days, or both, at the

discretion of the Commission or Division.

Section 2. Indirect Contempt. — After charge in

writing has been filed with the Commission or Division, as

the case may be, and an opportunity given to the

respondent to be heard by himself or counsel, a person

guilty of the following acts may be punished for indirect

contempt:

(a) Misbehavior of the responsible officer of the

Commission in the performance of his official duties or in

his official transactions;

(b) Disobedience of or resistance to a lawful writ,

process,

order,

judgment

or

command

of

the

Commission or any of its Divisions, or injunction or

restraining order granted by it;

(c) Any abuse of or any unlawful interference with the

process or proceedings of the Commission or any of its

Divisions not constituting direct contempt under Section

1 of this Rules;

(d)

Any

improper

conduct

tending,

directly

or

indirectly,

to

impede,

obstruct,

or

degrade

the

administration of justice by the Commission or any of its

Divisions;

(e) Assuming to be an attorney and acting as such

without authority; and

(f) Failure to obey a subpoena duly served.

Section

3.

Penalty

for Indirect Contempt . — If

adjudged guilt, the accused may be punished by a fine

not

exceeding

one

thousand

(P1,000.00)

pesos

or

imprisonment for not more than six (6) months, or both,

at the discretion of the Commission or Division.

Section 4. Warrant of Arrest on a Witness Who Fails

to Attend. — Any provision of these Rules to the contrary

notwithstanding, in case of failure of a witness to attend

despite the issuance of a valid subpoena, the Commission

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