Article 97p. 97

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

12.

Prior to promulgation of a decision or resolution,

a

Division or the Commission En Banc may, in its

discretion, call for a hearing in the event it deems it

necessary to propound clarificatory questions on factual

issues.

13.

No other pleadings seeking affirmative relief shall

be allowed. If after termination of the Conference, but

prior to promulgation of a decision or resolution, a

supervening event occurs that produces evidence that

could materially affect the determination of the grant or

denial of the Petition, a party may submit the same to the

Division

or

Commission

En

Banc, where applicable,

through a Manifestation.

Section 5. Delegation of Reception of Evidence. —

The Commission may designate any of its officials, who

are members of the Philippine Bar, to hear the case and

to receive evidence only in cases involving barangay

officials.

Section 6. Promulgation. — The promulgation of a

decision or resolution of the Division or the Commission

En Banc shall be made by filing or delivering a complete

copy of the decision, resolution, order or ruling to the

Clerk of the Commission concerned.

The Clerk of the Commission shall provide the parties

a copy of the Decision or Resolution of the Division or

Commission

En

Banc

only

by

personal

service

or

registered mail.

Section 7. Motion for Reconsideration. — A motion to

reconsider a Decision, Resolution, Order or Ruling of a

Division shall be filed within five (5) days from receipt

thereof and upon the payment of filing fee in the amount

of P1,000.00. Such motion, if not pro-forma, suspends the

execution for implementation of the Decision, Resolution,

Order and Ruling. The movant shall be required to furnish

a copy of his motion for reconsideration to the adverse

party prior to filing the same with the Office of the Clerk

of Commission.

Within forty-eight (48) hours from the filing thereof,

the Clerk of the Commission shall notify the Presiding

Commissioner.

The

latter

shall

within

two

(2)

days

thereafter certify the case to the Commission En Banc .

The Clerk of the Commission shall calendar the

Motion for Reconsideration for the resolution of the

Commission En Banc within three (3) days from the

certification thereof without need of comment from the

adverse party.

Section 8. Effect if Petition Unresolved. — If a

Petition to Deny Due Course to or Cancel a Certificate of

Candidacy is unresolved by final judgment on the day of

elections, the petitioner may file a motion with the

Division or Commission En Banc, as may be applicable,to

suspend the proclamation of the candidate concerned,

provided that the evidence for the grounds for denial to

or cancel certificate of candidacy is strong. For this

purpose, at least three (3) days prior to any election, the

Clerk of the Commission shall prepare a list of pending

cases and furnish all Commissioners copies of the said list.

A

Decision

or

Resolution

is

deemed

final

and

executory if, in case of a Division ruling, no motion for

reconsideration is filed within the reglementary period, or

in cases of rulings of the Commission En Banc , no

restraining order is issued by the Supreme Court within

five (5) days from receipt of the decision or resolution.

Section 9. Effect of Granting of Petition. — In the

event a Petition to Deny Due Course to or Cancel a

Certificate of Candidacy is granted by final judgment as

defined in the immediately preceding section, the votes

cast for the candidate whose certificate of candidacy has

been cancelled or denied due course shall be deemed as

stray votes.

(as amended by COMELEC Resolution No. 9523)

Rule 24 — Proceedings Against Nuisance Candidates

Section 1. Grounds. — Any candidate for any elective

office who filed his certificate of candidacy to put the

election process in mockery or disrepute or to cause

confusion among the voters by the similarity of the

names of the registered candidates or who by other acts

or circumstances is clearly demonstrated to have no bona

fide intention to run for the office for which the certificate

of candidacy has been filed, thus preventing a faithful

determination of the true will of the electorate, may be

declared a nuisance candidate, and his certificate of

candidacy

may

be

denied

due

course

or

may

be

cancelled.

Section 2. Who May File Petition to Declare a

Candidate as Nuisance Candidate. — Any registered

candidate for the same position may file a verified

Petition to declare a candidate as a nuisance candidate.

Section 3. Period to File the Petition. — The Petition

shall

be

filed

personally

or

through

an

authorized

representative, within five (5) days from the last day for

the

filing

of

certificates of candidacy. In case of a

substitute candidate, the Petition must be filed within

five (5) days from the time the substitute candidate filed

his certificate of candidacy.

Section 4. Motu Proprio Cases. — The Commission

may, at any time before the election, motu proprio ,

declare a candidate as a nuisance candidate subject to an

opportunity to be heard.

Section 5. Applicability of Rule 23. — Except for motu

proprio cases, Sections 3 , 4 , 5 , 6 , 7 , and 8 of Rule 23 shall

apply in proceedings against nuisance candidates.

If the person declared as a nuisance candidate and

whose certificate of candidacy has been cancelled or

denied due course does not have the same name and/ or

surname as a bona fide candidate for the same office, the

votes cast for such nuisance candidate shall be deemed

stray pursuant to Section 9 of Rule 23 .

If the person declared as a nuisance candidate and

whose certificate of candidacy has been cancelled or

denied due course has the same name and/or surname

as a bona fide candidate for the same office, the votes

cast shall not be considered stray but shall be counted

and tallied for the bona fide candidate. However, if there

are two or more bona fide candidates with the same

name and/or surname as the nuisance candidate, the

votes cast for the nuisance candidate shall be considered

as stray votes. (as amended by COMELEC Resolution No.

9599)

(as amended by COMELEC Resolution No. 9523)

Rule 25 — Disqualification of Candidates

Section 1. Grounds. — Any candidate who, in an

action or protest in which he is a party, is declared by final

decision of a competent court, guilty of, or found by the

Commission to be suffering from any disqualification

provided by law or the Constitution .

A Petition to Disqualify a Candidate invoking grounds

for a Petition to Deny to or Cancel a Certificate of

Candidacy

or

Petition

to Declare a Candidate as a

Nuisance Candidate, or a combination thereof, shall be

summarily dismissed.

Section 2. Who May File Petition for Disqualification.

— Any registered voter or any duly registered political

party, organization or coalition of political parties may file

a verified Petition to disqualify a candidate.

Section 3. Period to File Petition. — The Petition shall

be filed any day after the last day for filing of certificates

of candidacy, but not later than the date of proclamation.

Section 4. Applicability of Rule 23. — Except in motu

proprio cases, Sections 3 , 4 , 5 , 6 , 7 , and 8 of Rule 23 shall

apply in proceedings to disqualify a candidate.

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