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MARIA LAARNI L. CAYETANO v. COMELEC

This case has been cited 3 times or more.

2015-01-21
LEONEN, J.
Respondents contend that the assailed notice and letter are not subject to review by this court, whose power to review is "limited only to final decisions, rulings and orders of the COMELEC En Banc rendered in the exercise of its adjudicatory or quasi-judicial power."[23] Instead, respondents claim that the assailed notice and letter are reviewable only by COMELEC itself pursuant to Article IX-C, Section 2(3) of the Constitution[24] on COMELEC's power to decide all questions affecting elections.[25] Respondents invoke the cases of Ambil, Jr. v. COMELEC,[26] Repol v. COMELEC,[27] Soriano, Jr. v. COMELEC,[28] Blanco v. COMELEC,[29] and Cayetano v. COMELEC,[30] to illustrate how judicial intervention is limited to final decisions, orders, rulings and judgments of the COMELEC En Banc.[31]
2015-01-21
LEONEN, J.
Finally, respondents cited Cayetano v. COMELEC, a recent election protest case involving the mayoralty candidates of Taguig City.[48] Petitioner assailed a resolution of the COMELEC denying her motion for reconsideration to dismiss the election protest petition for lack of form and substance.[49] This court clarified the general rule and refused to take cognizance of the review of the COMELEC order. While recognizing the exceptions in ABS-CBN, this court ruled that these exceptions did not apply.[50]
2013-01-08
REYES, J.
Section 7, Article IX of the 1987 Constitution in part substantially provides that any decision, order or ruling of any of the Constitutional Commissions may be brought for review to the Supreme Court on certiorari within 30 days from receipt of a copy thereof.  The orders, ruling and decisions rendered or issued by the COMELEC en banc must be final and made in the exercise of its adjudicatory or quasi-judicial power.[30] Further, Section 1, Rule 64 of the Rules of Court states that it shall govern the review of final judgments and orders or resolutions of the COMELEC and the Commission on Audit.