Article 90p. 90

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Provided that no change shall be made more than once

every three (3) months; Provided Moreover, that notice

thereof in writing shall be furnished the parties in cases

pending before the Division concerned.

Whenever there is a vacancy in a Division because a

member inhibits himself, is absent, or is disqualified from

sitting in a case, or when a division has only two (2)

regular members, the Chairman may appoint a substitute

Commissioner,

or

the

Chairman

himself may sit as

substitute or third member, and in that event he shall

preside.

Section

7.

Sessions.

—

The

Commission or the

Divisions shall hold sessions on such days and time as it

may specify at the session hall of the Commission, or at

such other places in the Philippines as it may designate.

Section 8. Assignment of Cases. — The assignment

of cases of the two (2) Divisions herein constituted shall

be done strictly through raffle to be conducted regularly

by the Chairman of the Commission in the presence of at

least a majority of the Commissioner; Provided, That the

assignment of cases shall be made as evenly as possible.

Section 9. Consolidation of Cases. — When an action

or proceeding involves a question of law and fact which is

similar to or common with that of another action or

proceeding, the same may be consolidated with the

action or proceeding bearing the lower docket number.

Rule 4 — Disqualification and Inhibition

Section 1. Disqualification or Inhibition of Members .

— (a) No Member shall sit in any case in which he or his

spouse or child is related to any party within the sixth civil

degree of consanguinity or affinity, or to the counsel of

any of the parties within the fourth civil degree of

consanguinity or affinity, or in which he has publicly

expressed prejudgment as may be shown by convincing

proof, or in which the subject thereof is a decision

promulgated by him while previously serving as presiding

judge of an inferior court, without the written consent of

all the parties, signed by them and entered in the records

of the case; Provided, that no Member shall be the

"ponente" of an en banc decision/resolution on a motion

to reconsider a decision/resolution written by him in a

Division.

(b) If it be claimed that a Member is disqualified from

sitting as above provided, the party raising the issue may,

in writing, file his objection with the Commission, stating

the grounds therefor. The member concerned shall either

continue

to

participate

in

the

hearing or withdraw

therefrom, in accordance with his determination of the

question of his disqualification. His decision thereon shall

forthwith

be

made

in

writing

and

filed

with

the

Commission for proper notation and with the records of

the case. No appeal or stay shall be allowed from, or by

reason of, his decision in favor of his own competency

until after final judgment in the case.

(c) A Member may, in the exercise of his sound

discretion, inhibit himself from sitting in a case for just or

valid reasons other than those mentioned above.

Section 2. Disqualification Resulting in Lack of

Quorum . — If the disqualification or inhibition of a

Member

should

result

in

a lack of quorum in the

Commission sitting en banc, the Presiding Justice of the

Court of Appeals, upon request of the Commission, shall

designate a Justice of said Court to sit in said case for the

purpose of hearing and rendering a decision thereon.

PART III INITIATION OF ACTIONS OR

PROCEEDINGS BEFORE THE COMMISSION

Rule 5. — Parties to Actions or Proceedings

Section 1. Applicability. — the Rules under Part III

shall apply to all actions and proceedings hereinafter

provided for.

Section 2. Who may be Parties. — Only natural or

juridical persons or entities duly authorized by law, such

as a voter, a candidate, or registered political parties,

organization or coalition of political parties, including

parties or organizations under the party-list system, and

any such person permitted by these Rules to bring an

action or proceeding may be parties in any action or

proceeding before the Commission.

Section 3. Parties in Interest. — All actions filed with

the Commissioner must be prosecuted and defended in

the name of the real party in interest.

Section

4.

Designation

of Parties . — A person

qualified to be a party under Sec. 2 of this Rule seeking

relief shall be referred to as Petitioner or Protestant. Any

person who claims interest adverse to the petitioner or

protestant or against whom a claim or interest is directed

by the petitioner or protestant, shall be referred to as the

Respondent or Protestee.

Section 5. Class Suit. — When the subject matter of

the controversy is one of common or general interest to

many persons, and the parties are so numerous that it is

impracticable to bring them all before the Commission,

one or more may sue or defend for the benefit of all. But

in such case, the Commission shall make sure that the

parties actually before it are sufficiently numerous and

representative so that all interests concerned are fully

protected. Any party in interest shall have a right to

intervene to protect his individual interest.

Section 6. Compulsory Joinder of Indispensable

Parties. — Parties in interest without whom no final

determination of an action can be had shall be joined

either

as

petitioner

or

protestant

or

respondent or

protestee.

Rule 6 — Commencement of Action or Proceedings

Section 1. Commencement of Action or Proceedings

by Parties. — Any natural or juridical person authorized

by these rules to initiate any action or proceeding shall

file with the Commission a protest or petition alleging

therein his personal circumstances as well as those of the

protestee or respondent, the jurisdictional facts, and a

concise statement of the ultimate facts constituting his

cause or causes of action and specifying the relief sought.

He may add a general prayer for such further or other

relief as may be deemed just or equitable.

Section

2.

Commencement

of

Action

by

the

Commission .

—

In

cases

where

the Commission is

authorized

to

initiate

motu

proprio

an

action

or

proceeding, the Commission shall issue an order for

hearing

reciting

therein

the

purpose for which the

hearing is being called for and a concise statement of

facts giving rise thereto. Copies of such order shall be

served

upon

persons

or

registered

political

parties,

organizations or coalition of political parties known to

have an interest in the matter or who may be affected

thereby,

and

published

in

a

newspaper

of

general

circulation in the Philippines at least ten (10) days before

the scheduled date of hearing.

Rule 7 — Pleadings

Section 1. Filing of Pleadings. — Every pleading,

motion and other papers must be filed in ten (10) legible

copies.

However,

when

there

is

more

than

one

respondent or protestee, the petitioner or protestant

must file additional number of copies of the petition or

protest as there are additional respondents or protestees.

Section 2. How Filed . — The documents referred to in

the immediately preceding section must be filed directly

with

the

proper

Clerk of Court of the Commission

personally, or, unless otherwise provided in these Rules,

by registered mail. In the latter case, the date of mailing is

the date of filing and the requirement as to the number

of copies must be complied with.

Section 3. Form of Pleadings, etc. — (a) All pleadings

allowed by these Rules shall be printed, mimeographed

© Compiled by RGL

90 of 90