RULE 64

Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the
Commission on Audit

Section 1

 Scope. —

o This Rule shall govern the review of

 judgments and
 final orders or
 resolutions of the

Commission on Elections and the Commission on Audit. (n)

Section 2

 Mode of review. —

o A judgment or final order or resolution of the Commission on Elections and the

Commission on Audit may be brought by the aggrieved party to the Supreme Court
on certiorari under Rule 65, except as hereinafter provided. (n; Bar Matter No. 803, 17
February 1998)

BAR MATTER NO. 803 February 17, 1998

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 17,
1998

Bar Matter No. 803. — Re: Correction of clerical errors in the 1997 Rules of Civil Procedure which
were approved on April 8, 1997, effective July 1, 1997. — The Court Resolved to CORRECT the
following provisions in the 1997 Rules of Civil Procedure: (a) Section 7 of Rule 13; (b) Section 1 (c)
of Rule 50; (c) Section 5 of Rule 58; and Section 1 of Rule 63; and (e) Section 2 of Rule 64, to read
as follows:

RULE 13

Sec. 7. Service by mail. — Service by registered mail shall be made by depositing the copy in the
post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known
otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the
postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is
available in the locality of either the sender or the addressee, service may be done by ordinary mail.
(5a)
 RULE 50

SECTION 1. Grounds for dismissal of appeal. — An appeal may be dismissed by the Court of
Appeals on its own motion or on that of the appellee on the following grounds.

xxx xxx xxx

(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5 of Rule
40 and section 4 of Rule 41;

RULE 58

Sec. 5. Preliminary injunction not granted without notice; exception. — No preliminary injunction
shall be granted without hearing and prior notice to the party or person sought to be enjoined. If it
shall appear from facts shown by affidavits or by the verified application that great or irreparable
injury would result to the applicant before the matter can be heard on notice the court to which the
application for preliminary injunction was made, may issue a temporary restraining order to be
effective only for a period of twenty (20) days from service on the party or person sought to be
enjoined except as herein provided. Within the said twenty-day period, the court must order said
party or person to show cause, at a specified time and place, why the injunction should not be
granted, determine within the same period whether or not the preliminary injunction shall be granted
and accordingly issue the corresponding order.

RULE 63

SECTION 1. Who may file petition. — Any person interested under a deed, will, contract or other
written instrument, or whose rights are affected by a statute, executive order or regulation,
ordinance, or any other governmental regulation may, before breach or violation thereof, bring an
action in the appropriate Regional Trial Court to determine any question of construction or validity
arising, and for a declaration of his rights or duties thereunder.

RULE 64

Sec. 2. Mode of review. — A judgment or final order or resolution of the Commission on Elections
and the Commission on Audit may be brought by the aggrieved party to the Supreme Court
on certiorari under Rule 65, except as hereinafter provided. (n)

Section 3

 Time to file petition. —

o The petition shall be filed within thirty (30) days from notice of the judgment or final
order or resolution sought to be reviewed.

 The filing of a motion for new trial or reconsideration of said judgment or final
order or resolution, if allowed under the procedural rules of the Commission
concerned, shall interrupt the period herein fixed.
  If the motion is denied, the aggrieved party may file the petition within the
remaining period, but which shall not be less than five (5) days in any event,
reckoned from notice of denial. (n)

Section 4

 Docket and other lawful fees. —

o Upon the filing of the petition, the petitioner shall pay to the clerk of court

 the docket and other lawful fees and

 deposit the amount of P500.00 for costs. (n)

Section 5

 Form and contents of petition. —

o The petition shall be verified and filed in eighteen (18) legible copies. The petition shall
name the aggrieved party as petitioner and shall join as respondents the Commission
concerned and the person or persons interested in sustaining the

 judgment,
 final order or
 resolution a quo.

The petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds
and brief arguments relied upon for review, and pray for judgment annulling or modifying the
questioned judgment, final order or resolution. Findings of fact of the Commission supported by
substantial evidence shall be final and non-reviewable.

 The petition shall be accompanied by a

o clearly legible duplicate original or certified true copy of the judgment, final order or
resolution subject thereof,

o together with certified true copies of such material portions of the record as are referred
to therein and other documents relevant and pertinent thereto.

The requisite number of copies of the petition shall contain plain copies of all documents attached to the
original copy of said petition.

The petition shall state the specific material dates showing that it was filed within the period fixed
herein, and shall contain a sworn certification against forum shopping as provided in the third
paragraph of section 3, Rule 46.
“ Rule 46, Section 3.

 Contents and filing of petition; effect of noncompliance with requirements. —

o The petition shall contain the full names and actual addresses of all the petitioners and
respondents, a concise statement of the matters involved, the factual background of
the case, and the grounds relied upon for the relief prayed for.

In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice
of the judgment or final order or resolution subject thereof was received, when a motion for new trial or
reconsideration, if any, was filed and when notice of the denial thereof was received.

 It shall be filed in

o seven (7) clearly legible copies together with proof of service thereof on the respondent
with the original copy intended for the court indicated as such by the petitioner, and

o shall be accompanied by a clearly legible duplicate original or certified true copy of the
judgment, order, resolution, or ruling subject thereof, such material portions of the
record as are referred to therein, and other documents relevant or pertinent thereto.

The certification shall be accomplished by the proper clerk of court or by his duly authorized
representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly
authorized representative. The other requisite number of copies of the petition shall be accompanied by
clearly legible plain copies of all documents attached to the original.

 The petitioner shall also submit together with the petition

o a sworn certification that he has not theretofore commenced any other action involving
the same issues in the
 Supreme Court,
 the Court of Appeals or
 different divisions thereof, or any other tribunal or agency;

if there is such other action or proceeding, he must state the status of the same; and if he should
thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes
to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom.

 The petitioner shall pay the

o corresponding docket and other lawful fees to the clerk of court and
o deposit the amount of P500.00

for costs at the time of the filing of the petition.

The failure of the petitioner to comply any of the requirements shall be sufficient ground for the
dismissal of the petition. (n; Bar Matter No. 803, 21 July 1998)

 The petition shall further be accompanied by

o proof of service of a copy thereof on the Commission concerned and on the adverse
party,
o and of the timely payment of docket and other lawful fees.

The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground
for the dismissal of the petition. (n)

Section 6

 Order to comment. —

o If the Supreme Court finds the petition sufficient in form and substance, it shall order
the respondents to file their comments on the petition within ten (10) days from notice
thereof; otherwise, the Court may dismiss the petition outright. The Court may also
dismiss the petition if it was filed manifestly for delay or the questions raised are too
unsubstantial to warrant further proceedings. (n)

Section 7

 Comments of respondents. —

o The comments of the respondents shall be filed in eighteen (18) legible copies. The
original shall be accompanied by certified true copies of such material portions of the
record as are referred to therein together with other supporting papers. The requisite
number of copies of the comments shall contain plain copies of all documents
attached to the original and a copy thereof shall be served on the petitioner.

No other pleading may be filed by any party unless required or allowed by the Court. (n)

Section 8

 Effect of filing. —

o The filing of a petition for certiorari shall not stay the execution of the judgment or final
order or resolution sought to be reviewed, unless the Supreme Court shall direct
otherwise upon such terms as it may deem just. (n)
Section 9

 Submission for decision. —

o Unless the Court sets the case for oral argument, or requires the parties to submit
memoranda, the case shall be deemed submitted for decision upon the filing of the

 comments on the petition, or

 of such other pleadings or
 papers as may be required or
 allowed, or the expiration of the period to do so. (n)