Application
of Rule 65 under Rule 64
Sec. 7,
Art. IX-A of the Constitution reads, “unless otherwise provided by the Constitution
or by law, any decision, order or ruling of each commission may be brought to
the Supreme Court on certiorari by the aggrieved party within
30 days from receipt of a copy thereof.” The provision was interpreted by the
Supreme Court to refer to certiorari under Rule 65 and not appeal by certiorari
under Rule 45 (Aratuc vs. COMELEC, 88 SCRA 251; Dario vs. Mison, 176
SCRA 84). To implement the above constitutional provision, the SC
promulgated Rule 64.
What is the scope of Rule 64?
Rule 64 governs the
review of judgments and final orders or resolutions of the:
1.
Commission on Elections
2.
Commission on Audit
● Decisions of the Civil Service
Commission shall be appealed to the Court of Appeals which has exclusive appellate
jurisdiction over all judgments or final orders of such commission (RA
7902).
What is the mode of
review?
Certiorari under Rule
65
Where to file the petition for certiorari
Supreme Court
● A judgment or final
order or resolution of the COMELEC and the COA may be brought by the aggrieved
party to the Supreme Court on certiorari
under Rule 65, except as hereinafter provided. (Rule 64, Sec. 2).
When to file the petition?
The petition shall be
filed within thirty (30) days from notice of the judgment or final order
or resolution sought to be reviewed. (Rule 64, Sec. 3)
What is the effect of filing a motion for new trial or
reconsideration?
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. (Rule 64, Sec. 3)
What if the motion for the new trial or reconsideration
is denied?
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. (Rule 64, Sec. 3)
Rule 64 vs. Rule 65
|
Rule 64
|
Rule 65
|
|
Directed
only to the judgments, final orders or resolutions of the COMELEC and COA
|
Directed
to any tribunal, board or officers exercising judicial or quasi-judicial
functions
|
|
Filed
within 30 days from notice of the judgment
|
Filed
within 60 days from notice of the judgment
|
|
The
filing of a motion for reconsideration or a motion for new trial, if allowed,
interrupts the period for the filing of the petition for certiorari. If the
motion is denied, the aggrieved party may file the petition within the
remaining period, but which shall not be less than 5 days reckoned from the
notice of denial.
|
The
period within which to file the petition if the motion for reconsideration or
new trial is denied is 60 days from notice of the denial of the motion.
|
Will the filing of the petition for certiorari stay the execution
of the judgment, final order or resolution of the COMELEC and COA?
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 SC directs otherwise upon such terms as it may deem just (Rule 64, Sec. 8). To prevent the execution of the judgment, the
petitioner should obtain a temporary restraining order or a writ of preliminary
injunction because the mere filing of a petition does not interrupt the course
of the principal case.
Form and contents of petition
a) Petition shall be
verified and filed in 18 legible copies;
b) Petition shall
name the aggrieved party as petitioner and join as respondents the Commission
concerned and the person(s) interested in sustaining the judgment, final order,
or resolution a quo.
c) Petition shall
state the facts with certainty, present the issues involved clearly, set forth the
grounds and brief arguments relied upon, and pray for judgment annulling or
modifying the question judgment, order or resolution.
d) Petition shall be
accompanied by clearly legible duplicate original or certified true copy of the
of the questioned judgment, order or resolution, together with certified true
copes of material portions of the record as are referred to therein, and other
relevant and pertinent documents.
e) Petition shall
state the specific material dates showing that it was filed within the period
fixed.
f) Petition shall contain
a sworn certification of non-forum shopping.
g) Petition shall be
accompanied by proof of service of a copy thereon on the Commission concerned
and on the adverse party, and of the timely payment of docket and other lawful fees.
Failure of petitioner
to comply with any of the above shall be sufficient ground for dismissal of the
petition. (Rule 64, Sec. 5)
Order to comment
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.
When may the court dismiss the petition?
1. If the petition is
not sufficient in form and substance
2. If the petition
was filed manifestly for delay
3. If the questions
raised are too unsubstantial to warrant further proceedings. (Rule 64, Sec. 6)
No other pleading
No other pleading may be filed by any party unless otherwise required
or allowed by the Court.
Submission for decision
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. (Rule 64, Sec. 8)
0
Comments
