COMELEC Rules of Procedure

Part IV

DISPOSITION OF ACTIONS OR PROCEEDINGS

February 15, 1993



Rule 19
Motions for Reconsideration

Section Guide

     Sec. 1. Grounds of motion for reconsideration

     Sec. 2. Period for filing motions for reconsideration

     Sec. 3. Form and contents of motion for reconsideration

     Sec. 4. Effect of motion for reconsideration on period to appeal

     Sec. 5. How motion for reconsideration disposed of

     Sec. 6. Duty of Clerk of Court of Commission to calendar motion for resolution



Section Details

Section 1. Grounds of Motion for Reconsideration. - A motion for reconsideration may be filed on the grounds that the evidence is insufficient to justify the decision, order or ruling; or that the said decision, order or ruling is contrary to law.

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 proforma, suspends the execution or implementation of the decision, resolution, order or ruling.

Sec. 3. Form and Contents of Motion for Reconsideration. - The motion shall be verified and shall point out specifically the findings or conclusions of the decision, resolution, order or ruling which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or the provisions of law alleged to be contrary to such findings or conclusions.

Sec. 4. Effect of Motion for Reconsideration on Period to Appeal. - A motion to reconsider a decision, resolution, order or ruling when not pro-forma, suspends the running of the period to elevate the matter to the Supreme Court.

Sec. 5. How Motion for Reconsideration Disposed Of. - Upon the filing of a motion to reconsider a decision, resolution, order or ruling of a Division, the Clerk of Court concerned shall, within twenty-four (24) hours from the filing thereof, notify the Presiding Commissioner. The latter shall within two (2) days thereafter certify the case to the Commission en banc.

Sec. 6. Duty of Clerk of Court of Commission to Calendar Motion for Resolution. - The Clerk of Court concerned shall calendar the motion for reconsideration for the resolution of the Commission en banc within ten (10) days from the certification thereof.

 

 


Part IV Rule 18 Part IV
Rule 18
RULES OF PROCEDURE
PART V
Table of ContentsTable of Contents
Part V
Rule 20
Part V Rule 20

 

Updated: 09.15.2009 LTO