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JOSELITO R. MENDOZA v. COMELEC

This case has been cited 3 times or more.

2015-09-01
PEREZ, J.
When that dispute reached this Court in Mendoza, we sustained the protestee. We held that the first effect applied because the case before the COMELEC en banc was an electoral protest that was "originally commenced" in the commission. We noted that while the electoral protest only reached the COMELEC en banc through the motion for reconsideration of the decision of a division, the same did not change the nature of the case before it; the motion for reconsideration not being an appeal.[19] Thus, we held that the failure of the COMELEC en banc to decide the motion for reconsideration would result—not in the denial of the said motion or the affirmance of the division's decision—but in the dismissal of the electoral protest itself, pursuant to the first effect under Section 6, Rule 18 of the COMELEC Rules.[20]
2015-09-01
PEREZ, J.
Rule 34 - Prosecution of Election Offenses Evidently, what Part V actually discloses are the particular cases or matters that may be considered as "actions or proceedings" for purposes of the COMELEC Rules. Notably, all the actions or proceedings identified thereunder, save for the provisional remedy of injunction, are all main cases cognizable by the COMELEC. Notable too is that a motion for reconsideration from a decision of a division — which is but a part of a main case - is not among those included n Part V.[33]
2013-04-02
CARPIO, J.
- Failure to submit its Statement of Contribution and Expenditures for the 2007 Elections. Omnibus Resolution dated 7 November 2012[34] 23 204239 12-060 (PLM) Green Force for the Environment Sons and Daughters of Mother Earth (GREENFORCE) Cancelled registration and accreditation