RULE 64

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

Section 1. Scope. — 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. — 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)

Section 3. Time to file petition. — 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. — 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. — 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 clearly legible duplicate original or certified true copy of the
judgment, final order or resolution subject thereof, 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.

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. (n)

Section 6. 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; 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. — 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. — 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. — 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)