CCHOPE ELECTION 2001

IN PARTNERSHIP WITH NAMFREL, PPCRV, VOTECARE AND MAJOR MEDIA ORGANIZATIONS!


PROHIBITED PLEADINGS

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 Appeals:32 [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 certain pleadings in the regular courts. The power to promulgate rules concerning pleadings, practice and procedure in all courts is vested on the Supreme Court."33 [Citing Article VIII, Sec. 5 [5].] (Emphasis and italics supplied) 

MIGUEL MELENDRES, JR., petitioner, vs. THE COMMISSION ON ELECTIONS and RUPERTO P. CONCEPCION, respondents. [G.R. No. 129958. November 25, 1999]

 

 



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Last Updated: Monday, April 23, 2001 12:29:52 AM