Aquinoleandrorodelvatienzamarinetheasterandayos

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Unformatted text preview: nc’s decision is still not favorable, the same, in accordance with Art. IX‐A, Sec. 7, “may be brought to the Supreme Court on certiorari.” (Reyes v. RTC of Oriental Mindoro, G.R. No. 108886, May 5, 1995) Note: The fact that decisions, final orders or rulings of the COMELEC in contests involving elective municipal and barangay offices are final, executory and not appealable, (Art. IX‐C, Sec. 2[2]) does not preclude a recourse to the Supreme Court by way of a special civil action of certiorari. (Galido v. COMELEC, G.R. No. 95346, Jan. 18, 1991) Q: Can the COMELEC exercise its power of contempt in connection with its functions as the National Board of Canvassers during the elections? A: Yes. The effectiveness of the quasi‐judicial power vested by law on a government institution hinges on its authority to compel attendance of the parties and/or their witnesses at the hearings or proceedings. In the same vein, to withhold from the COMELEC the power to punish individuals who refuse to appear during a fact‐ finding investigation, despite a previous notice and order to attend, would render nugatory the COMELEC’s investigative power, which is an essential incident to its constitutional mandate to secure the conduct of honest and credible elections. (Bedol v. COMELEC, G.R. No. 179830, Dec. 3, 2009) Q: What cases fall under the jurisdiction of COMELEC by division? A: Election cases should be heard and decided by a division. If a division dismisses a case for failure of counsel to appear, the MR may be heard by the division. Note: In Balajonda v. COMELEC, G.R. No. 166032, Feb. 28, 2005, the COMELEC can order immediate execution of its own judgments. Q: What cases fall under the jurisdiction of COMELEC en banc? A: Motion for Reconsideration of decisions should be decided by COMELEC en banc. It may also directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. Note: Any decision, order or ruling of the COMELEC in the exercise of its quasi‐judicial functions may be brought to the SC on certiorari under Rules 64 and...
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This document was uploaded on 03/12/2014.

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