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PERIOD FOR FILING MOTION FOR RECONSIDERATION FIRST. Private respondent maintains that the filing of his Motion for Reconsideration on June 25, 1998 was within the 5-day reglementary period as he received a copy of the June 9, 1998 Order of the COMELEC only on June 22, 1998. We do not agree with the private respondent for he cannot count the 5-day reglementary period from the date he received the June 9, 1998 Order of the COMELEC. Section 2, Rule 19 of the COMELEC Rules of Procedure clearly provides that private respondent's Motion for Reconsideration should be "x x x filed within five (5) days from the promulgation thereof," thus: "Sec. 2. Period for Filing Motions for Reconsideration. - A motion to reconsider a decision, resolution, order, or ruling of a Division shall be filed within five (5) days from the promulgation thereof. Such motion, if not pro-forma, suspends the execution or implementation of the decision, resolution, order or ruling." A party cannot feign ignorance of the date of promulgation of a decision or resolution because it is previously fixed and notice is served upon him in advance. Thus, Section 5, Rule 18 of the COMELEC Rules of Procedure provides: "Sec. 5. Promulgation. - The promulgation of a decision or resolution of the Commission or a Division shall be made on a date previously fixed, of which notice shall be served in advance upon the parties or their attorneys personally or by registered mail or by telegram."En
Banc, Justice Puno,
ARTHUR V. VELAYO, petitioner, vs. COMMISSION ON ELECTIONS
AND ERNESTO NATIVIDAD, respondents
[G.R. No. 135613. March 9, 2000]
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CCHOPE ELECTION
2001 
