Article 89p. 89

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(i)

Special

Reliefs

—

shall

refer

to

Certiorari,

Prohibition, Mandamus and Contempt

(j) Provisional Remedies — shall refer to injunction

and/or restraining order

(k) Special Proceedings — shall refer to annulment of

permanent list of voters, registration of political parties

and accreditation of citizens' arms of the Commission.

PART II POWERS OF THE COMMISSION AND

TRANSACTION OF BUSINESS

Rule 2 — Powers of the Commission

Section 1. Express Powers . — In the performance of

its administrative, quasi-judicial and judicial functions, the

Commission shall exercise all such powers and functions

as are expressly vested upon it by the Constitution and by

law.

Section 2. Implied Powers. — The Commission shall

likewise exercise such powers as are implied in or are

necessary to the effective exercise of its express powers.

Section 3. Inherent Powers . — When performing its

constitutional or statutory functions, the Commission

shall have inherent power to:

(a) Preserve and enforce order in its immediate

presence;

(b) Enforce order in proceedings before it or before

any of its offices or officials empowered to conduct

investigation under its authority.

(c) Compel obedience to its judgments, orders and

processes;

(d)

Control

its

ministerial

officers

and

all

other

persons in any manner connected with a case before it,

and in every manner appertaining thereto;

(e) Compel the attendance of persons to testify in a

case pending before it;

(f) Administer or cause to be administered oaths in a

case pending before it, and in all other cases where it

may be necessary in the exercise of its powers;

(g) Amend and control its processes and orders so as

to make them conformable to law and justice;

(h) Authorize a copy of a lost or destroyed pleading or

other paper to be filed and used instead of the original,

and to restore, and supply deficiencies in its records and

proceedings.

Section

4.

Means

to

Effect

Jurisdiction .

—

All

auxiliary writs, processes and other means necessary to

carry

into

effect

its

powers

or

jurisdiction

may

be

employed by the Commission; and if the procedure to be

followed in the exercise of such power or jurisdiction is

not specifically provided for by law or these rules, any

suitable process or proceeding may be adopted.

Section 5. Powers and Duties of the Chairman. —

The

powers

and

duties

of

the

Chairman

of

the

Commission when discharging his functions in actions or

proceedings before the Commission are as follows:

(a) To issue calls for the sessions of the Commission;

(b) To preside over the sessions of the Commission;

and to act as Presiding Commissioner of a Division when

expressly authorized in these Rules;

(c) To designate any of the Commissioners to preside

over sessions of the Commissions en banc in the event of

his absence, disqualification or inhibition;

(d)

To

preserve

order

and

decorum

during the

session;

(e) To decide all questions of order, subject to appeal

to the Commission en banc;

(f) To enforce orders, resolutions, and decisions of the

Commission and the Divisions;

(g) To sign interlocutory resolution, orders or rulings

and temporary restraining orders of the Commission in

cases not yet assigned to the Divisions;

(h) To take such other measures as he may deem

proper upon consultation with the other members of the

Commission; and

(i) To exercise such other powers as are vested upon

him by law or by specific provisions of these Rules.

Section 6. Powers and Duties of the Presiding

Commissioner. — The powers and duties of the Presiding

Commissioner

of

a

Division

when

discharging

its

functions in cases pending before the Division shall be as

follows:

(a) To issue calls for the sessions of the Division;

(b) To preside over the sessions of the Division;

(c)

To

preserve

order

and

decorum

during

the

sessions of the Division;

(d) To sign interlocutory resolutions, orders or rulings

and

temporary

restraining

orders

in

cases

already

assigned to the Division;

(e) To decide all questions of order, subject to appeal

to the full Division; and

(d) To take such other measures as he may deem

proper upon consultation with the other members of the

Division.

Rule 3 — How the Commission Transacts Business

Section 1. How Business is Transacted. — In the

exercise

of

its

Constitutional

or

statutory

powers,

functions, and duties, the Commission may sit en banc or

in to Divisions.

Section

2.

The

Commission

En

Banc .

—

The

Commission

shall

sit

en

banc

in

cases

hereinafter

specifically provided, or in pre-proclamation cases upon a

vote of a majority of the members of the Commission, or

in all other cases where a division is not authorized to act,

or where, upon a unanimous vote of all the Members of a

Division, an interlocutory matter or issue relative to an

action or proceeding before it is decided to be referred to

the Commission en banc.

Section 3. The Commission Sitting in Divisions . —

The Commission shall sit in two (2) Divisions to hear and

decide protests or petitions in ordinary actions, special

actions, special cases, provisional remedies, contempt,

and

special

proceedings

except

in

accreditation

of

citizen's arms of the Commission.

Section

4.

Composition

of

a

Division .

—

Each

Division shall be composed of three Commissioners, one

of

whom shall be the Presiding Commissioner. The

Commission en banc shall determine who shall compose

a Division.

Section 5. Quorum; Votes Required. — (a) When

sitting en banc, four (4) Members of the Commission shall

constitute a quorum for the purpose of transacting

business. The concurrence of a majority of the Members

of

the

Commission

shall

be

necessary

for

the

pronouncement of a decision, resolution, order or ruling.

(b) When sitting in Division, two (2) Members of a

Division shall constitute a quorum to transact business.

The concurrence of at least two (2) Members of a Division

shall be necessary to reach a decision, resolution, order or

ruling. If this required number is not obtained, the case

shall be automatically elevated to the Commission en

banc for decision or resolution.

(c) Any motion to reconsider a decision, resolution,

order or ruling of a Division shall be resolved by the

Commission en banc except motions on interlocutory

orders of the division which shall be resolved by the

division which issued the order.

Section 6. Change in Composition; Substitution. —

The composition of a Division may be changed by the

Chairman

of

the

Commission

whenever

necessary,

© Compiled by RGL

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