February 15, 1993

PART V
PARTICULAR ACTIONS OR PROCEEDINGS

D. SPECIAL RELIEFS

Rule 28
Certiorari, Prohibition and Mandamus

      Sec. 1. When Available. - In aid of its appellate jurisdiction in election cases before courts of general jurisdiction relating to the elections, returns and qualifications of elective Municipal officials, and before courts of limited jurisdiction in cases relating to the elections, returns and qualifications of elective barangay officials, the Commission en banc may hear and decide petitions for certiorari, prohibition or mandamus.

      Sec. 2. Petition for Certiorari or Prohibition. - When any court or judge hearing election cases has acted without or in excess of its or his jurisdiction or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a petition for certiorari or prohibition with the Commission alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings, as the law requires, of such court or judge, or commanding it or him to desist from further proceeding with the action or matter specified therein, as the case may be.

      The petition shall be accompanied by a certified true copy of the judgment or order subject thereof, together with all pleadings and documents relevant and pertinent thereto.

      Sec. 3. Petition for Mandamus. - When a court or judge in an election case unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from his office in relation to such case and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a petition with the Commission alleging the facts with certainty and praying that judgment be rendered commanding the respondent immediately or at some other specified time to do the act required to be done to protect the rights of the petitioner and to pay the damages sustained by the petitioner by reason of the acts complained of.

      Sec. 4. Duty of Clerk of Court of the Commission. - Upon the filing of the petition, the Clerk of Court concerned shall calendar the case for en banc ex-parte hearing of the Commission to determine if it is sufficient in form and substance.

      Sec. 5. Order to Answer. - If the Commission en banc shall determine that the petition is sufficient in form and substance, it shall issue an order requiring the respondent to answer the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondent in such manner as the Commission may direct, together with a copy of the petition.

      Sec. 6. Proceedings After Answer. - Once an answer is filed, or the time for its filing has expired, the Commission may order the proceedings complained of to be forthwith certified for review and shall hear the case, and if after such hearing the Commission finds that the allegations are true, it shall render judgment for such relief prayed as the petitioner is entitled to, with or without costs, as justice requires.
 

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