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

APPLICABILITY OF RULE 64
1987 CONSTITUTION
ARTICLE IX-A — COMMON PROVISIONS
Section 7. XXXXX Unless otherwise provided by this 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 thirty days
from receipt of a copy thereof.
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)
--> Rule 64 governs the review of judgments, final orders, or resolutions of the —
1. Commission on Elections (COMELEC)
2. Commission on Audit (COA)
--> Rule 64 does NOT apply to the Civil Service Commission (CSC). The proper mode to contest
the judgment, final order, or resolution of the CSC is to file a petition for review under Rule
43 with the CA as per R43, Civil Service Law,.
--> MODE OF REVIEW: Via Petition for Certiorari in accordance with R65
RULE: A PARTY AGGRIEVED BY THE 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 resolutions of
PRAYED FOR such tribunal or bodies when there is a grave abuse of jurisdiction
amounting to lack or excess of jurisdiction and there is no other plain,
speedy, and adequate remedy
DIRECTED ONLY against the judgments, final Judgment, final order, resolution,
AGAINST orders or resolutions of the interlocutory order, or proceedings
COMELEC or COA of any tribunal, board or officer in
--> Interlocutory orders are NOT the exercise of either —
included 1. Judicial
2. Quasi-judicial functions
PERIOD TO Filed within 30 days from notice Filed within 60 days from notice of the
FILE PETITION of judgment, final order or judgment, final order, or resolution
resolution sought to be reviewed
EFFECT OF The filing of an MR or MNT, if The period within which to file the
FILING AN MR allowed (by the Rules of the petition, if the MR or MNT is
OR MNT COMELEC or COA) interrupts denied, is still a fresh period of 60
the period for the filing of a days from notice of the denial of the
petition for certiorari. motion.
--> If the motion is denied, the --> Fresh period Rule under Neypes
aggrieved party may file the case appliess.
petition within the remaining
period, but not less than 5
days reckoned from the notice
of denial (no fresh period)
COURT WITH Supreme Court Next level court. Observe the principle
JURISDICTION of hierarchy of courts
 RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA
ISSUES TO BE RESOLVED
GRAVE ABUSE OF DISCRETION
--> exists when there is an evasion of a positive duty or a virtual refusal to perform a duty enjoined by
law or to act in contemplation of law and evidence but on caprice, whim and depotism
Section 5. 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
Section 1. Petition for certiorari. — When any tribunal, board or officer
exercising judicial or quasi-judicial functions has acted without or in
excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or
any plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal, board
or officer, and granting such incidental reliefs as law and justice may
require.
--> 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
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 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 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 S3, R46.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
 RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA
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)
PROCEDURE UNDER RULE 64 --> Apply Rule 65 suppletorily as to what Rule 64 lacks.
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)
1. FILING OF THE PETITION FOR CERTIORARI
--> COURT WITH JURISDICTION: Supreme Court
--> PERIOD TO FILE: w/in 30 days from notice of judgment or FO or resolution sought to be
reviewed.
--> BUT the filing of MNT/MR, if allowed under the procedural rules of the Commission
concerned, shall interrupt the 30-day period. If MNT/MR is denied, the aggrieved party may
file PetCert within the remaining period, but which shall not be less than five (5) days,
reckoned from notice of denial. NO FRESH PERIOD RULE!
--> The interruption rule presupposes that the MR or MNT is NOT pro forma.
--> Upon the filing of PetCert, PETITIONER shall:
1. pay to the clerk of court the docket and other lawful fees
2. deposit the amount of P500.00 for costs.
--> EFFECT OF FILING OF THE PETITION — 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.
--> CONTENTS AND FORMALITIES OF THE PETITION —
--> FAILURE TO COMPLY W/ PROCEDURAL REQ’MENTS = sufficient ground for the dismissal of
PetCert
1. PETITION: Verified Petition, 18 legible copies.
2. PARTIES:
PETITIONER - aggrieved party
RESPONDENT - COA/COMELEC + persons interested in sustaining the judgment, final order or
resolution a quo.
3. CONTENTS: (S5, R64)
a. State the facts with certainty and
b. Present clearly the issues involved
c. Set forth the grounds and brief arguments relied upon for review
d. Pray for judgment annulling or modifying the questioned judgment, final order or resolution.
e. State specific material dates showing that it was filed w/in period - MATERIAL DATA(DATE)
RULE
4. SUPPORTING DOCUMENTS: accompanied by:
a. A clearly legible duplicate original or certified true copy of the judgment, final order or
resolution subject thereof,
b. Certified true copies of such material portions of the record as are referred 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
--> 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:
 RULE 64: REVIEW OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS OF COMELEC AND COA
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.