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MOTION TO DISMISS FILED IN A REGULAR COURT IS NOT PROHIBITED PLEADING Petitioner’s argument that the filing of a
motion to dismiss in an election contest filed with a regular court is not
a prohibited pleading is well taken. As we pointed out in Melendres,
Jr. v. COMELEC: 45 [G.R. No. 129958, 25 November 1999, pp. 15-16.] Neither can petitioner
seek refuge behind his argument that the motion to dismiss filed by
private respondent is a prohibited pleading under Section 1, Rule 13 of
the COMELEC Rules of Procedure because the said provision refers to
proceedings filed before the COMELEC. The applicable provisions on the
matter are found in Part VI of the Rules of Procedure titled
"PROVISIONS GOVERNING ELECTION CONTESTS BEFORE TRIAL COURT" and
as this Court pointedly stated in Aruelo v. Court of Appeals46
[227 SCRA 311 [1993].] It must be noted that nowhere
in Part VI of the COMELEC Rules of Procedure is it provided
that motions to dismiss and bill of particulars are not allowed in
election protests or quo warranto cases pending before regular courts. Constitutionally
speaking, the COMELEC cannot adopt a rule prohibiting the filing of a
certain pleading in the regular courts. The power to promulgate rules
concerning pleadings, practice and procedure in all courts is vested in
the Supreme Court.47 [Citing Article VIII, Section 5 (5), Constitution.] The foregoing pronouncement, however, will not extricate petitioner from his predicament because the denial of petitioner’s motion to dismiss was based on the fact that the other grounds relied therein was considered unmeritorious and not because the said motion is a prohibited pleading in electoral protest cases. While the challenged COMELEC Resolution may not have been entirely correct in dismissing the petition in this regard, the soundness of its discretion to accord unto the trial court the competence to resolve the factual issues raised in the controversy cannot be doubted. En Banc, Justice Ynares-Santiago, ABDULMADID P.B. MARUHOM, petitioner, vs. COMMISSION ON ELECTIONS and HADJI JAMIL DIMAPORO, respondents. [G.R. No. 139357. May 5, 2000]
For any
inquiries or comment, you may contact the WEBMASTER
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CCHOPE ELECTION
2001 
