RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA

APPLICABILITY
Section 1. Scope. OF —RULE
This 64Rule shall govern the review of judgments and
--> final
Rule orders
64 governs the review
or resolutions of the of Commission
judgments, final orders,
on Elections or
and the
Commission on Audit. (n)
resolutions of the —
Section 2. Mode of review. — A judgment or final order or resolution of
1.the
Commission
Commission on Elections (COMELEC)
on Elections and the Commission on Audit may be
2.brought
Commissionby the aggrieved party to the Supreme Court on certiorari
on Audit (COA)
under Rule 65, except as hereinafter provided. (n; Bar Matter No.
--> 803,
Rule 1764February
does NOT apply to the Civil Service Commission (CSC). The
1998)
proper mode
1987 CONSTITUTION
to contest the judgment, final order, or resolution of the CSC
is to fileIX-A
ARTICLE a petition
— COMMONforPROVISIONS
review under Rule 43 with the CA as per R43, Civil
Section
Service 7. XXXXX Unless otherwise provided by this Constitution or by
Law,.
law, any decision, order, or ruling of each Commission may be brought
--> to
MODEthe OF REVIEW:
Supreme Via on
Court Petition for Certiorari
certiorari by the in accordance with R65
aggrieved party within
RULE:thirty days from
A PARTY receipt of a
AGGRIEVED BYcopyTHEthereof.
JUDGMENT, FINAL ORDER, OR
RESOLUTION OF THE COMELEC OR THE COA MAY FILE A PETITION
FOR CERTIORARI UNDER RULE 65 WITH THE SUPREME COURT.
--> Thus, if the mode of review is a petition for certiorari under Rule 65, then
this means that the judgments or final orders of the COMELEC or COA
referred to in Rule 64 are NOT reviewable by appeal by the courts.
Because when appeal is available, certiorari is not the proper remedy.
--> RIANO: Rule 64 only applies to judgments, final orders, or resolutions of
the COMELEC or the COA and NOT interlocutory orders. Thus, when a
petition for certiorari is directed against an interlocutory order of the
commission, Rule 65 should apply.
--> Rule 64 points to the application of Rule 65 on a petition for certiorari,
thus, Rule 65 provide the rules to be applied under Rule 64, however, there
are slight differences in R64 & R65—
RULE 64 VS RULE 65
RULE 64 RULE 65
RELIEF Purpose is to annul or modify the judgment, final orders, or
PRAYED resolutions of such tribunal or bodies when there is a grave
FOR abuse of jurisdiction amounting to lack or excess of
jurisdiction and there is no other plain, speedy, and
adequate remedy
DIRECTED ONLY against the Judgment, final order,
AGAINST judgments, final orders resolution, interlocutory
or resolutions of the order, or proceedings of any
COMELEC or COA tribunal, board or officer in
--> Interlocutory orders the exercise of either —
are NOT included 1. Judicial
2. Quasi-judicial functions
PERIOD Filed within 30 days from Filed within 60 days from notice
TO FILE notice of judgment, final of the judgment, final order,
PETITION order or resolution or resolution sought to be
reviewed
EFFECT The filing of an MR or MNT, The period within which to file
OF if allowed (by the Rules the petition, if the MR or MNT
FILING AN of the COMELEC or COA) is denied, is still a fresh
MR interrupts the period period of 60 days from notice
OR MNT for the filing of a of the denial of the motion.
petition for certiorari. --> Fresh period Rule under
--> If the motion is denied, Neypes case appliess.
the aggrieved party
may file the petition
within the remaining
period, but not less than
5 days reckoned from
the notice of denial (no
fresh period)
COURT Supreme Court Next level court. Observe the
WITH principle of hierarchy of
JURISDICT courts
ION

ISSUES
Section TO
5. BE RESOLVED
Form and contents of petition. — XXXXXX Findings of fact of
the Commission supported by substantial evidence shall be final and
non-reviewable. XXXXXX

RULE 65 — CERTIORARI, PROHIBITION AND MANDAMUS

RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA
--> PRAYER: judgment annulling/modifying the questioned judgment, final
order, or resolution.
--> GROUND: Similar to R65, the petition must raise jurisdictional grounds. It
must be alleged that the COMELEC or COA acted without or in excess of
jurisdiction or with grave abuse of discretion amounting to lack or excess of
jurisdiction.
--> The findings of fact of the Commission, when supported by substantial
evidence shall be final and non-reviewable. These are the proper subjects
of an appeal, not certiorari. This rule is understandable when viewed form
the nature of the petition for certiorari which raises only issues or
jurisdiction and not facts.
--> Findings of fact of quasi-judicial agencies are generally accorded respect
and even finality by the court, if supported by substantial evidence, in
recognition of their expertise on the specific matters under their
jurisdiction. (Reyna VS COA)
PROCEDURE UNDER RULE 64
PROCEDURE UNDER
Section 3. Time RULE
to file 64 --> Apply
petition. — The Rule 65 suppletorily
petition as to within
shall be filed what
Rule 64 lacks.
thirty (30) days from notice of the judgment or final order or
resolution
Section sought
9. PETITION to be reviewed.
Submission for The filing of a motion for new trial
1. FILING OF THE
or reconsideration
decision. — Unless of the FOR
said CERTIORARI
judgment
Court or final order or resolution, if
-->allowed
COURT WITH
sets under the the JURISDICTION:
caseprocedural
for oral Supreme
rules of Court
the Commission concerned, shall
interrupt
argument, the orperiod
requires
--> PERIOD TO FILE: w/in 30 days from notice herein the fixed. If ofthe motion
judgment is or
or FO denied, the
resolution
aggrieved
partiesparty to submitmay file the petition within the remaining period, but
memoranda,
sought
which to
theshall be reviewed.
casenotshall be less be than
deemed five (5) days in any event, reckoned from
--> BUT
notice thedenial.
of
submitted filing
forof(n) MNT/MR, upon
decision if allowed under the procedural rules of
Section the 8. Effect
filing
the Commission ofof filing.
the comments
concerned — The filing
, shall of a petition
interrupt the 30-day for period.
certiorariIf
shall on thenot petition,
stay the or execution
of such of the judgment or final order or
MNT/MR
resolution is denied,
sought
other pleadings or papers as tothe be aggrieved
reviewed, party
unlessmay file
the PetCert
Supreme within
Court the
shall
remaining
directmay otherwise period,
be required uponorbut
such which
termsshall
allowed, as itnotmaybedeemlessjust.
than(n) five (5) days,
Section or 4.
reckoned theDocket
from and ofother
expiration
notice of the
denial. lawful
NO FRESHfees.
PERIOD— UponRULE! the filing of the
petition,
period the to do petitioner
so. (n) shall pay to the clerk of court the docket
-->
andTheother interruption
lawful fees rule presupposes
and deposit that the the MR or
amount ofMNT is NOT
P500.00 procosts.
for forma.(n)
--> Upon the
Section 5. filing
Formof and PetCert, PETITIONER
contents shall:
of petition. — The petition shall be
verified and filed in eighteen (18) legible copies. The petition shall
1. pay
name thetoaggrieved
the clerk ofparty court asthe petitioner
docket and other lawful fees
and shall join as respondents
the2. deposit
Commission the amount
concernedof P500.00
and the for costs.
person or persons interested in
-->sustaining
EFFECT OF theFILING
judgment, OF final order or resolution
THE PETITION — The filing a quo.
of a The petition
petition for
shall state the facts with certainty, present clearly the issues
certiorari set
involved, shall forth
NOT stay the thegroundsexecution
and briefof thearguments
judgment relied
or final order
upon or
for
resolution
review, andsoughtpray to be judgment
for reviewed annulling or modifying the questioned
judgment,
--> UNLESS final order or
the Supreme Court resolution.
shall direct Findings upon
otherwise of such
fact terms
of asthe
Commission supported by substantial evidence shall be final and non-
it may deem just.
reviewable.
--> CONTENTS
The petition AND FORMALITIES
shall be accompanied OF THEby PETITION
a clearly — legible duplicate
-->original
FAILURE or
resolution TO certified true copy of the judgment, final order or
COMPLY
subject W/ PROCEDURAL
thereof, together with REQ’MENTS
certified= true sufficient ground
copies of
for the
suchdismissal
material of portions
PetCert of the record as are referred to therein and
other documents relevant and
1. PETITION: Verified Petition, 18 legible copies. pertinent thereto. The requisite number
of copies of the petition shall contain plain copies of all
2. PARTIES:
documents attached to the original copy of said petition.
PETITIONER
The petition shall - aggrieved
state party
the specific material dates showing that it
was filed within
RESPONDENT the period fixed
- COA/COMELEC herein, interested
+ persons and shall in contain a sworn
sustaining the
certification against forum shopping as provided in the third
judgment, final order or resolution a quo.
paragraph of S3, R46.The petition shall further be accompanied by
3. CONTENTS:
proof of service (S5, R64) of a copy thereof on the Commission concerned and
onState
a. the the adverse
facts party,
with and ofand
certainty the timely payment of docket and other
lawful fees.
b. Present clearly the issues involved
The failure of petitioner to comply with any of the foregoing
requirements
c. Set forth the grounds shall be and sufficient
brief argumentsground forupon
relied the for
dismissal
review of the
petition. (n)
Section 6. Order to comment. — If the Supreme Court finds judgment,
d. Pray for judgment annulling or modifying the questioned the petitionfinal
order or in
sufficient resolution.
form and substance, it shall order the respondents to
file their specific
e. State commentsmaterialon the datespetition within
showing thattenit (10) days w/in
was filed from period
notice -
thereof; otherwise, the Court may dismiss the petition outright. The
CourtMATERIAL
may alsoDATA(DATE) dismiss theRULE petition if it was filed manifestly for
4. SUPPORTING
delay or the questions DOCUMENTS: raisedaccompanied by:
are too unsubstantial to warrant further
proceedings.
a. A clearly (n) legible duplicate original or certified true copy of the judgment,
Section 7. Comments of respondents. — The comments of the respondents
shallfinal be order
filedorin resolution
eighteen subject
(18) thereof,
legible copies. The original shall be
accompanied
b. Certified by truecertified true material
copies of such copies of such of
portions material
the recordportions of the
as are referred
record as are referred to therein together with other supporting
to therein
c. 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. **
5. ATTACHMENTS:
a. Sworn certification against forum shopping (S3, Rule 46)
b. Proof of service of a copy of petition on the Commission concerned and
adverse party
c. Proof of the timely payment of docket and other lawful fees.
2. COURT CAN EITHER ORDER THE — (S6, Rule 64)
a. Respondent to comment
RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA
--> If SC finds the petition sufficient in form and substance;within 10days
from notice thereof
--> 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.
b. OUTRIGHT Dismissal of the petition due to either:
i. Insufficiency of the petition in form or substance
ii. Filed manifestly for delay
iii. Questions raised are too unsubstantial to warrant further proceedings
3. IF IT GIVES DUE COURSE TO THE PETITION, THE COURT IN ITS
DISCRETION MAY EITHER:
a. Set the case for oral argument
b. Require the parties to submit memoranda
4. THE CASE SHALL BE DEEMED SUBMITTED FOR DECISION
--> This is 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.