Article 107p. 107

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

by means of summons upon each respondent within five

(5) days after the filing of the petition.

Section 7. Answer . — Within five (5) days from receipt

of the notice and a copy of the petition, the respondent

shall file his verified answer to the petition.

Section 8. Substantial and Formal Amendments of

Pleadings. — The provision of Section 8 of Rule 35 of

these Rules shall apply in respect to amendments of

pleadings.

Section 9. Immediate Hearing; Presentation and

Reception of Evidence. — Upon the joinder of issues, the

Clerk of Court shall immediately set the case for hearing.

The presentation and reception of evidence shall be

made in the manner prescribed in Section 2 Rule 17 of

these Rules.

Section 10. Termination of Hearing. — The hearing

shall be completed within thirty (30) days from the date

of the filing of the petition.

Section 11. Decision. — The court shall decide the

case within thirty (30) days from the date it is submitted

for decision, but in every case within six (6) months after

its filing.

Section

12.

Promulgation

and

Finality

of

the

Decision.

—

The

decision

of

the

court

shall

be

promulgated on a date set by it of which due notice must

be given the parties. It shall become final five (5) days

after its promulgation.

No motion for reconsideration shall be entertained.

Section 13. Notice of Final Decision. — As soon as a

decision becomes final, notice thereof shall be sent to the

Commission on Elections, and the Department of Local

Government. If the decision is adverse to the respondent,

notice shall likewise be sent to the Commission on Audit.

Section 14. Appeal. — From any decision rendered by

the

court,

the

aggrieved

party

may

appeal

to

the

Commission on Elections, without five (5) days after the

promulgation of the decision.

Section 15. Preferential Disposition of Quo Warranto

Cases. — The courts shall give preference to quo warranto

over all other cases, except those of habeas corpus.

PART VII ELEVATION OF DECISIONS TO THE

SUPREME COURT

Rule 37 — Review of Decisions of the Commission

Section 1. Petition for Certiorari; and Time to File. —

Unless otherwise provided by law, or by any specific

provisions in these Rules, any decision, order or ruling of

the Commission may be brought to the Supreme Court

on certiorari by the aggrieved party within thirty (30) days

from its promulgation.

Section 2. Non-reviewable Decisions. — Decisions in

appeals from courts of general or limited jurisdiction in

election cases relating to the elections, returns, and

qualifications of municipal and barangay officials are not

appealable.

Section

3.

Decisions

Final

After

Five

Days.

—

Decisions in pre-proclamation cases and petitions to deny

due course to or cancel certificates of candidacy, to

declare a candidate as nuisance candidate or to disqualify

a candidate, and to postpone or suspend elections shall

become final and executory after the lapse of five (5) days

from

their

promulgation,

unless

restrained

by

the

Supreme Court.

PART VIII GENERAL PROVISIONS

Rule 38 — Clerk of Court and Deputy Clerk of Court of the

Commission

Section 1. Clerk of Court. — (a) In Special Actions,

Special Cases and Special Proceedings, the Director of the

Law Department or his duly authorized representative

shall serve as the Clerk of Court of the Commission.

(b) In ordinary Actions, and in Special Reliefs, the

Director

of

the

Electoral

Contests

Adjudication

Department shall serve as the Clerk of Court of the

Commission.

Section 2. Duties of the Clerks of Court. — The Clerks

of

Court

of

the

Commission

shall,

subject

to

the

supervision of the Chairman of the Commission, manage

for the Commission the proper hearing and disposition of

all cases within their respective area of responsibility as

stated in Section 1 hereof. Each shall:

(a)

Receive

all

pleadings

and

other

documents

properly presented, endorsing on each such document

the date when it was filed, and furnishing each Member a

copy thereof;

(b) Keep a judicial docket wherein shall be entered in

chronological order the cases and the proceedings had

thereon;

(c) Prepare the calendar of cases;

(d) Attend sessions of the Commission and enter in a

minute book all proceedings therein;

(e) Issue under his signature and the office seal,

notices, orders and decisions which are to be given due

course, furnishing each Member copies thereof;

(f)

Execute

orders,

resolutions,

decisions

and

processes issued by the Commission;

(g) Keep a judgment book containing a copy of

judgments rendered by the Commission in the order of

their

dates,

and

a

book

of

entries

of

judgments

containing at length in chronological order entries of all

final judgments or orders of the Commission;

(h) Keep an account of the funds received and

disbursed relative to the cases when so directed;

(i) Keep and secure all records, papers, files, exhibits,

the office seal and other public property committed to his

charge;

(j) Perform such other duties as are prescribed by law

for clerks of superior courts; and

(k) Keep such books and perform such duties as the

Commission may direct.

Section 3. Deputy Clerks of Court. — (a) The Assistant

Director of the Law Department shall serve as Deputy

Clerk of Court in all cases where the Director of said

Department acts as the Clerk of Court of the Commission.

(b) The Assistant Director of the Electoral Contests

Adjudication Department shall serve as the Deputy Clerk

of

Court

in

all

cases

where

the

Director

of

said

Department acts as the Clerk of Court of the Commission.

Section 4. Duties of Deputy Clerks of Court . — The

Deputy Clerks of Court shall assist their respective Clerks

of

Court

and

shall

perform

such

other

duties and

functions as may be assigned to them by their respective

Clerks of Court.

Section 5. Division Clerks of Courts. — Each Division

shall have a Division Clerk of Court who must be a

ranking lawyer from either the Law Department or the

Electoral

Contests

Adjudication

Department

and

designated

by

the

Commission

upon

the

joint

recommendation of the Directors of said departments.

Section 6. Duties of the Division Clerks of Court. — A

Division Clerk of Court shall:

(a) Attend the hearings of sessions of his Division;

(b) Coordinate in the preparation of the calendar of

cases;

(c) Call the cases in the calendar during sessions or

hearings;

(d) Supervise the stenographers;

(e) Administer oaths to witnesses;

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