Rule 64 Review of Judgments & Final Orders COMELEC & COA

• Section 1. Scope.

  This Rule shall govern the review of judgments and nal orders or resolutions of the Commission on Elections and the Commission on Audit.
• Section 2. Mode of review. 

  A judgment or nal 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)
• Section 3. Time to file petition.

  The petition shall be led within thirty (30) days from notice of the judgment or nal order or resolution sought to be reviewed. The ling of a motion for new trial or reconsideration of said judgment or nal order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein xed. If the motion is denied, the aggrieved party may le the petition within the remaining period, but which shall not be less than ve (5) days in any event, reckoned from notice of denial. 
• Section 4. Docket and other lawful fees.

  Upon the ling 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
• Section 5. Form and contents of petition. (1)

  The petition shall be veried and led 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, nal 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.
• Section 5. Form and contents of petition. (2)

  Findings of fact of the Commission supported by substantial evidence shall be nal and non-reviewable.

  The petition shall be accompanied by a clearly legible duplicate original or certied true copy of the judgment, nal order or resolution subject thereof, together with certied 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.
• Section 5. Form and contents of petition. (3)


  The petition shall state the specic material dates showing that it was led within the period xed herein, and shall contain a sworn certication against forum shopping as provided in the third paragraph of section 3, Rule 46.The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party, 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.
• Section 6. Order to comment.

  If the Supreme Court nds the petition sucient in form and substance, it shall order the respondents to le 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 led manifestly for delay or the questions raised are too unsubstantial to warrant further proceedings.
• Section 7. Comments of respondents.

  The comments of the respondents shall be led in eighteen (18) legible copies. The original shall be accompanied by certied 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 led by any party unless required or allowed by the Court.
• Section 8. Effect of filing.

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