RULE 64

- This rule refers to a mode of review or on appeal from a judgment, final

order or resolution of the Commission on Elections and the Commission
on Audit (acting as quasi-judicial bodies.
- While it is a mode of review, rule 64 still provides that the petitioner
should still adopt the procedure set in rule 65 (involving original actions).
- In the absence of grave abuse of discretion amounting to lack or excess
of jurisdiction, questions of fact cannot be raised in a petition for
certiorari under rule 64. Any resort to a petition under rule 64 in relation
to rule 65 is limited to resolution of jurisdictional issues, not to correct
simple errors of judgments.

JURISDICTION

- Unless otherwise provided by the Constitution or by law, the aggrieved

party may bring any decision, order or ruling of the COMELEC & COA
(under rule 64) to the Supreme Court on certiorari (under rule 65) within
30 days from receipt of a copy thereof (Art. IX-A, Sec. 7, 1987
Constitution).
- For this reason, the rules of court provides for a separare rule specifically
applicable only to the decisions of the COMELEC and the COA. There is
a different procedure for the review of cases decided by the CSC.
o The appellate jurisdiction of the CA has been expanded to include
cases decided or resolved by the CSC. (R.A. No. 7902, amending
BP Blg. 129
o Appeals from awards, judgments, final orders or resolutions of the
CSC in the exercise of its quasi-judicial functions may be taken to
the CA within 15 days from notice of the award, judgment, final
order, or resolution or from the date of its last publication, if pf
publication is required by law for its effectivity, or of the denial of
petitioner’s motion for new trial or reconsideration duly filed in
accordancxe with the governing law of the CSC. (SC Revised
Administrative Circular No. 1-95).
 The appeal shall be by petition for review under Rule 43.

TIMELINESS OF FILING PETITION

- The period for filing a petition under rule 64 is 30 days from notice of
judgment, final order or resolution sought to be reviewed, and not the
 60-day period under rule 65. Although rule 64 provides that the
procedure under rule 65 shall be applied, it contemplates only those not
already provided for in rule 64.
- The fresh period rule applicable under rule 65 is not available
under rule 64.
FRESH PERIOD RULE

o Under rule 64, the filing of a motion for new trial or

reconsideration of the said judgment, final order or resolution, if
allowed under the rules of the COMELEC & COA, shall interrupt
the 30-day period of filing the petition. If the motion for new trial or
reconsideration is denied however, the aggrieved party will still
have to file the petition within the remaining time in the 30-day
period under rule 64, or not less than 5 days in any event, counted
from the notice of denial.
o Under sec. 4 of rule 65 on the other hand, the petition shall be
filed not later than 60 days from notice of the judgment. In case a
motion for reconsideration or new trial is timely filed, denial of the
same will still allow petitioner a fresh 60-day period to file petition
from notice of the denial of motion for new trial, reconsideration.
o As a rule, the 30-day period is inextendible, considering that rules
64 & 65 are bereft of any provision on allowing an extension of
time to file the petition.
o In case of exceptional circumstances however, the SC may allow
exceptions to the rule.
 Osmena vs COA: Osmena filed petition on July 27. It was
argued however he only had until July 11 to file the petition,
immaterial whether he went abroad for his checkup.
Osmena argued that the remaining 12-day period should be
counted not from the receipt of the Office of Mayor but from
the time he had actual knowledge of the denial of his MR/ or
the time he officially reported back to office on July 15. The
SC ruled that Osmena’s reasons were sufficient to justify the
relaxation of the rules.

THE PETITION

- Petition shall be verified and filed in 1 original, properly marked, and 4

copies, unless the case is referred to the SC en banc, in which event, the
parties shall file 10 additional copies.
- The requirement under rule 64 of the 18 legible copies was already
amended by the Efficient Use of Paper Rule.
- The petition shall

1. Name the aggrieved party as the petitioner & shall join as

respondents the commission concerned and the person/s
interested in sustaining the judgment, final order or resolution a
quo.
2. State the facts with certainty, present clearly the issues involved,
set forth the grounds and brief arguments relied upon for review;
&
3. Pray for judgment annulling or modifying the questioned
judgment, final order or resolution.
4. Accompanied by a clearly legible duplicate original or certified
true copy of the judgment, final order or resolution subject
thereof, together with certified true copies of such material
portions of the records as are referred tot herein and other
documents relevant and pertinent thereto.
5. State the specific material dates showing that it was filed within
the period fixed under the rules
6. Contain a sworn certification against forum shopping, stating
that he has not theretofore commenced any other action
involving the same issues in the SC, CA or different divisions
thereof, or any other tribunal or agency

- If there is such other action or proceeding, he must state

the status of the same; and if he should thereafter learn
that a similar action or proceeding has been filed or is
pending before the SC, CA or different divisions thereof,
or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and other tribunal
or agency thereof within 5 days therefrom.

7. Be accompanied by proof of service of a copy thereof on the

Commission concerned and on the adverse party
8. Accompanied with timely payment f docket and other lawful fees.
Petitioner, upon filing of the petition, shall pay the clerk of court
the docket and other lawful fees, and deposit P500 for costs.

- The failure of the petitioner to comply with any of the foregoing

requirements shall be sufficient ground for the dismissal of the petition.
- Findings of fact of the Commission, supported by substantial evidence,
shall be final and non-reviewable.
- The filing of a petition for certiorari shall not stay the execution of the
judgment or final order or resolution sought to be reviewed, unless the
SC shall direct otherwise upon such terms as it may be deem just.
o In order to stay the execution, the petitioner should apply for and
obtain injunctive relief.
o Thus, petition under rule 64 may be accompanied by an
application for the issuance of temporary restraining order and/or
writ of preliminary injunction, so that injunctive relief may be
issued to restrain or stay the execution of the judgment or final
order or resolution sought to be reviewed during the pendency of
the petition.

OUTRIGHT DISMISSAL OF PETITION AND ORDER TO COMMENT

- The petition may be dismissed outright if the SC finds that the petition is
not sufficient in form and substance, if it was filed manifestly for delay,
or the questions raised are too unsubstantial to warrant further
proceedings.
- Petition may be dismissed if the case becomes moot or non-justiciable.
(Pormento vs.Estrada).
- If the SC finds the petition sufficient in form and substance, the SC shall
order the respondents to file their comments on the petition within 10
days from notice thereof.
- Order to comment is equivalent to summons in ordinary civil actions.
- The comments of the respondents shall be filed in 1 original, properly
marked, and 4 copies, unless the case is referred to the SC En Banc, in
which event the parties shall file 10 additional copies.
o The original shall be accompanied by certified true copies of such
material portions of the records as are referred to therein together
with other supporting papers.
o For En Banc, the parties need to submit only 2 sets of annexes, 1
attached to the original and an extra copy
o For the Division, the parties need to also submit 2 sets of annexes,
1 attached to the original and an extra copy.
o No other pleading may be filed by any party unless required or
allowed by the Court.
 RULE 64 & RULE 65

- A petition under rule 64 is directed only against judgments, final orders

or resolutions of the COMELEC and COA. A petition under rule 65 are
directed against any tribunal, board or officers exercising judicial or
quasi-judicial functions, or on the part of any branch or instrumentality
of the government, pursuant to the expanded jurisdiction of the courts in
relation to certiorari cases.
- A petition under rule 64 must be filed within 30 days from notice of the
judgment or resolution. Petitions under rule 65 must be filed within 60
days from notice of the judgment or resolution
- Under Rule 64, a motion for reconsideration filed to assail the judgment
or resolution of the COMELEC or COA shall interrupt the 30-days period
and the petitioner shall have the remaining period within which to file
the petition from notice of the denial of the motion for reconsideration,
which shall in no case be less than 5 days. Under rule 65, the aggrieved
party will have another 60-day period within which to file the petition,
counted from notice of the denial of the motion for reconsideration.
- In the absence of grave abuse of discretion, questions of fact cannot
be raised in a petition for certiorari under Rules 64 & 65
o Petition for certiorari is not to correct simple errors of judgment.
Questions of fact cannot be raised in petitions filed under rules 64
& 65 except to determine whether the COMELEC or the COA
were guilty of grave abuse of discretion amounting to lack or
excess of jurisdiction.
- In certiorari proceedings under rule 65, judicial review does not go as far
as to examine and assess the evidence of the parties and to weigh the
probative value thereof; It does not include an inquiry as to the
correctness of the evaluation of evidence.