CAYETANO V COMELEC
CAYETANO V COMELEC
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10/20/21, 10:20 PM SUPREME COURT REPORTS ANNOTATED VOLUME 648
* EN BANC.
562
RESOLUTION
NACHURA, J.:
Before us is a petition for certiorari under Rule 64, in
relation to Rule 65 of the Rules of Court, assailing the
Orders issued by public respondent Commission on
Elections
563
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564
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565
566
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567
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568
569
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570
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10/20/21, 10:20 PM SUPREME COURT REPORTS ANNOTATED VOLUME 648
except when all the members of the division decide to refer the
matter to the COMELEC En Banc.
Thus, in general, interlocutory orders of a COMELEC
Division are not appealable, nor can they be proper
subject of a petition for certiorari. To rule otherwise would
not only delay the disposition of cases but would also
unnecessarily clog the Court docket and unduly burden the Court.
This does not mean that the aggrieved party is without
recourse if a COMELEC Division denies the motion for
reconsideration. The aggrieved party can still assign as
error the interlocutory order if in the course of the
proceedings he decides to appeal the main case to the
COMELEC En Banc. The exception enunciated in Kho and
Repol is when the interlocutory order of a COMELEC Division is
a patent nullity because of absence of jurisdiction to issue the
interlocutory order, as where a COMELEC Division issued a
temporary restraining order without a time limit, which is the
Repol case, or where a COMELEC Division admitted an answer
with counter-protest which was filed beyond the reglementary
period, which is the Kho case.
This Court has already ruled in Reyes v. RTC of Oriental
Mindoro, that “it is the decision, order or ruling of the
COMELEC En Banc that, in accordance with Section 7,
Art. IX-A of the Constitution, may be brought to the
Supreme Court on certiorari.” The exception provided in Kho
and Repol is unavailing in this case because unlike in Kho and
Repol, the assailed interlocutory orders of the COMELEC First
Division in this case are not a patent nullity. The assailed orders
in this case involve the interpretation of the COMELEC Rules of
Procedure. Neither will the Rosal case apply because in that case
the petition for certiorari questioning the interlocutory orders of
the COMELEC Second Division and the petition for certiorari and
prohibition assailing the Resolution of the COMELEC En Banc on
the main case were already consolidated.”8
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571
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9 Kho v. COMELEC, 344 Phil. 878, 886; 279 SCRA 463, 473 (1997).
10 See Rules of Court, Rule 65, Sec. 1.
572
Petition dismissed.
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