This case has been cited 1 times or more.
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2015-09-01 |
PEREZ, J. |
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| It is the considered view that the "action" to be dismissed in cases originally commenced before the COMELEC under Sec. 6, Rule 18 of the COMELEC Rules of Procedure pertains to those originally and directly filed with the COMELEC division or en banc. As taught in San Juan v. COMELEC, the division has jurisdiction to hear and decide election cases, but as for motions for reconsideration of decisions rendered by the division, the COMELEC en banc has jurisdiction over the matter.[42] On the other hand, the cases directly filed with the COMELEC en banc are those specifically provided in the COMELEC Rules of Procedure, such as petitions for postponement of elections under Sec. 1, Rule 26,[43] petitions for failure of election under Sec. 2, Rule 26,[44] complaints or charges for indirect contempt under Sec. 2, Rule 29,[45] preliminary investigation of election offenses under Sec. 1, Rule 34,[46] and all other cases where the COMELEC division is not authorized to act.[47] | |||||