Article 102p. 102

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

or any of its Divisions, upon proof of service of the

subpoena to said witness, may issue a warrant of arrest

against said witness and direct that he be brought before

the

Commission

or

any

of

its

Divisions

where

his

attendance is required.

E. PROVISIONAL REMEDIES

Rule 30 — Injunction

Section 1. Preliminary Injunction. — The Commission

or any of its Divisions may grant preliminary injunction in

any ordinary action, special action, special case, or special

relief pending before it.

Section

2. Grounds for Issuance of Preliminary

Injunction . — A preliminary injunction may be granted at

any time after the commencement of an action or

proceeding and before judgment when it is established

that:

(a) The petitioner or protestant is entitled to the relief

demanded and the whole or part of such relief consists in

restraining the commission or continuance of the acts

complained of, or in the performance of an act or acts,

either for a limited period or perpetually; asia dc

(b) The commission or continuance of some act

complained of during the pendency of the action or the

non-performance thereof would work injustice to the

petitioner or protestant;

(c) The respondent or protestee is doing, threatens, or

is about to do, or is procuring to be done, some act in

violation of petitioner's/protestant's rights respecting the

subject

of

the

action,

and

tending

to

render

the

judgment ineffectual.

Section 3. Grant of Injunction Discretionary. — The

grant of the preliminary injunction is entirely left to the

sound discretion of the Commission or its Divisions.

Section 4. Bond for Preliminary Injunction. — No

writ of preliminary injunction shall be issued unless the

applicant shall file a bond, in an amount to be fixed by

the Commission or the Division concerned, to the effect

that the petitioner/protestant will pay to such party all

damages which the latter may sustain by reason of the

injunction if the Commission or the Division concerned

shall finally decide that the petitioner/protestant was not

entitled thereto.

Section

5.

Preliminary

Injunction

Not

Granted

Without Notice; Issuance of Restraining Order . — No

preliminary injunction shall be granted without notice to

the adverse party. If it shall appear from the facts shown

by

affidavits

or

the

verified

petition

that

great

or

irreparable injury would result to the applicant before the

matter can be heard on notice, the Commission or any

Division

to

which

the

application

for

preliminary

injunction was made, may issue a restraining order to be

effective only for a period of twenty (20) days from date of

its issuance. Within the said twenty-day period, the

Commission or the Division as the case may be, must

cause an order to be served on the respondent requiring

him to show cause, at a specified time and place, why the

injunction should not be granted, and determine within

the

same

period

whether

or

not

the

preliminary

injunction shall be granted and shall accordingly issue

the corresponding order. In the event that the application

for preliminary injunction is denied, the restraining order

is deemed automatically vacated.

F. SPECIAL PROCEEDINGS

Rule 31 — Annulment of Permanent List of Voters

Section

1.

Grounds.

—

Any

book

of voters not

prepared in accordance with the provisions of law, or the

preparation

of which has been effected with fraud,

bribery, forgery, impersonation, intimidation, force, or any

other

similar irregularity, or which list is statistically

improbable, may be annulled by the Commission.

Section 2. Petition to Annul. — Any voter, election

registrar, or duly registered political party, organization or

coalition

of

political

parties

may

file

with the Law

Department of the Commission a petition to annul a

permanent list of voters.

Section 3. Notice of Hearing. — Within three days

from

the

filing

of

the

petition,

the Clerk of Court

concerned shall make a report of the petition of the

Commission which shall determine either to give it due

course or to deny the same. If the Commission shall

decide to give it due course, an Order to that effect, fixing

the date of hearing, shall be published in a newspaper of

general circulation in the province or city concerned once

a week for two consecutive weeks, the last of which shall

not be less than ten days prior to the date of hearing.

Copies of the order shall likewise be furnished to all

registered political parties, organization or coalition or

political

parties

in

the

province

or

city

concerned.

Expenses for the publication and notices shall be borne

by the petitioner, which as preliminary estimated, shall be

deposited with the Commission. If the petitioner is an

Election Registrar the expenses for publication shall be

borne by the Commission.

Section 4. Time to File Opposition . — On or before

the date set for the hearing, any interested party may file

a verified opposition to the petition.

Section 5. Summary Proceedings. — The petition

may be heard summarily.

Section 6. Delegation of Hearing and Reception of

Evidence. — The hearing and reception of evidence may

be delegated by the Commission to any of its officials

who are members of the Philippine Bar.

Section 7. Prohibition of Execution of Decision . —

Any

provision

of

these

Rules

to

the

contrary

notwithstanding, a decision to annul a book of voters

shall not be executed within sixty (60) days before an

election.

Rule 32 — Registration of Political Parties or Organization

Section 1. Petition for Registration. — Any political

party, organization or coalition of political parties seeking

registration pursuant to Section 2 (5), Subdivision C of

Article IX of the Constitution shall file with the Law

Department of the Commission a petition duly verified by

its President and Secretary -General, or any official duly

authorized to do so under its Constitution and By-laws;

Section 2. Contents of Petition. — The petition for

registration shall state the following:

(1) Full name of the political party, organization or

coalition of political parties;

(2) The principal headquarters and post office address

for

election

purposes,

including

its

branches

and

divisions, if any;

(3) The date and place of its organization;

(4) The date and manner of election or selection of its

officers;

(5) The names and addresses of its organizers and

officers, Executive Committee members, Directorate, or

Party Convention delegates, if any;

(6) The extent of its constituency;

(7) Its program of government;

(8) That it is not a religious sect or denomination;

(9) That it shall not pursue its goals through violence

or other unlawful means;

(10)

That

it

shall

uphold

and

adhere

to

the

Constitution and shall obey all laws and legal orders

promulgated by duly constituted authorities;

(11) That it is not supported by, nor does it accept

financial contribution from any foreign government or

their agencies; and

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