Lawyerly

You're currently signed in as:
User

JERRY B. AGUILAR v. COMELEC

This case has been cited 10 times or more.

	GR Nos. 189431 & 191120 2010-04-07	MAYOR QUINTIN B. SALUDAGA v. COMELEC VILLARAMA, JR., J.
On August 4, 2009, the COMELEC promulgated COMELEC Resolution No. 8654 for the purpose of adopting rules on the payment of COMELEC appeal fees and on the disposition of motions for reconsideration of decisions, resolutions and orders on election protest cases, appeal cases and special relief cases of a division to conform to our ruling in Aguilar v. COMELEC and Insoy.[30]
	GR No. 187635 2010-01-11	MATEO R. NOLLEN v. COMELEC VELASCO JR., J.
On June 30, 2009, the Court, in Aguilar v. COMELEC,[11] pronounced aptly: It should be noted from the aforequoted sections [8 and 9] of the Rule that the appeal fee of PhP 1,000 is paid not to the COMELEC but to the trial court that rendered the decision. Thus the filing of the notice of appeal and the payment of the PhP 1,000-appeal fee perfect the appeal consonant with Sections 10 and 11 of the same Rule. Upon the perfection of the appeal, the records have to be transmitted to the x x x COMELEC within 15 days. x x x
	GR No. 186201 2009-10-09	CARMELINDA C. BARRO PERALTA, J.
Petitioner contends in her Reply[18] that the recent case of Jerry B. Aguilar v. Commission on Elections, et al.,[19] applies to her case. The Court agrees with petitioner.
	GR No. 184268 2009-09-15	ERNESTO BATALLA v. COMELEC VELASCO JR., J.
The issue of the correct appeal fee to be paid for the perfection of an appeal from the decision of the trial court in electoral cases was clarified in very recent cases--Aguilar v. Commission on Elections[28] and Divinagracia v. Commission on Elections.[29] In both cases, the Court clarified that the appellant in an electoral protest case decided by the trial court must file his notice of appeal and pay the PhP 1,000 appeal fee to the trial court that rendered the decision, and must pay to the Comelec Cash Division the required additional PhP 3,200 appeal fee.
	GR No. 186224 2009-08-25	CONSTANCIO D. PACANAN v. COMELEC LEONARDO-DE CASTRO, J.
Our ruling in the very recent case of Aguilar v. Comelec,[14] quoted hereunder, squarely applies to the instant case: Sections 8 and 9, Rule 14 of A.M. No. 07-4-15-SC provide for the following procedure in the appeal to the COMELEC of trial court decisions in election protests involving elective municipal and barangay officials:
	GR No. 183366 2009-08-19	RICARDO C. DUCO v. COMELEC BERSAMIN, J.
Nonetheless, we do not remand the motion for reconsideration to the COMELEC en banc for its proper resolution. As we have done in Aguilar v. COMELEC,[9] we are going to resolve herein the propriety of the dismissal of the appeal "considering the urgent need for the resolution of election cases, and considering that the issue has, after all, been raised in this petition."
	GR No. 183366 2009-08-19	RICARDO C. DUCO v. COMELEC BERSAMIN, J.
Verily, in Aguilar v. COMELEC,[32] the Court has discerned the impact of Resolution No. 8486 on A.M. No. 07-4-15-SC by observing: [Resolution No. 8486] is consistent with A.M. No. 07-4-15-SC and the COMELEC Rules of Procedure, as amended. The appeal to the COMELEC of the trial court's decision in election contests involving municipal and barangay officials is perfected upon the filing of the notice of appeal and the payment of the P1,000.00 appeal fee to the court that rendered the decision within the five-day reglementary period. The non-payment or the insufficient payment of the additional appeal fee of P3,200.00 to the COMELEC Cash Division, in accordance with Rule 40, Section 3 of the COMELEC Rules of Procedure, as amended, does not affect the perfection of the appeal and does not result in outright or ipso facto dismissal of the appeal. Following, Rule 22, Section 9(a) of the COMELEC Rules, the appeal may be dismissed. And pursuant to Rule 40, Section 18 of the same rules, if the fees are not paid, the COMELEC may refuse to take action thereon until they are paid and may dismiss the action or the proceeding. In such a situation, the COMELEC is merely given the discretion to dismiss the appeal or not.
	GR NOS. 186007 & 186016 2009-07-27	SALVADOR DIVINAGRACIA v. COMELEC CARPIO MORALES, J.
In the recent case of Aguilar v. Comelec,[21] the Court harmonized the rules with the following ratiocination: The foregoing resolution is consistent with A.M. No. 07-4-15-SC and the COMELEC Rules of Procedure, as amended. The appeal to the COMELEC of the trial court's decision in election contests involving municipal and barangay officials is perfected upon the filing of the notice of appeal and the payment of the P1,000.00 appeal fee to the court that rendered the decision within the five-day reglementary period. The non-payment or the insufficient payment of the additional appeal fee of P3,200.00 to the COMELEC Cash Division, in accordance with Rule 40, Section 3 of the COMELEC Rules of Procedure, as amended, does not affect the perfection of the appeal and does not result in outright or ipso facto dismissal of the appeal. Following, Rule 22, Section 9(a) of the COMELEC Rules, the appeal may be dismissed. And pursuant to Rule 40, Section 18 of the same rules, if the fees are not paid, the COMELEC may refuse to take action thereon until they are paid and may dismiss the action or the proceeding. In such a situation, the COMELEC is merely given the discretion to dismiss the appeal or not. (Italics in the original; emphasis and underscoring supplied)