Nicolas-Lewis v. Commission on Elections
This is a civil case, G.R. No. 223705, entitled "Loida Nicolas-Lewis vs. Commission on Elections". On April 19, 2016, the Supreme Court resolved, without giving due course to the petition, to require the respondent to comment on the petition within a non-extendible period of five (5) days from notice, partially grant the application for a temporary restraining order, and issue a temporary restraining order (TRO) effective immediately and continuing until further orders from this Court. The TRO enjoins the Commission on Elections (COMELEC), its deputies and other related instrumentalities from implementing Section 36.8 of Republic Act No. 9189, as amended by Republic Act No. 10590, and Section 74 (II) (8) and other related provisions of COMELEC Resolution No. 10035 dated January 13, 2016, except within Philippine Embassies, Consulates and other Posts where overseas voters may exercise their right to vote pursuant to the Overseas Absentee Voting System, where partisan political activities shall still be prohibited until further orders from this Court.
ADVERTISEMENT
EN BANC
[G.R. No. 223705. April 19, 2016.]
LOIDA NICOLAS-LEWIS, petitioner, vs. COMMISSION ON ELECTIONS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedAPRIL 19, 2016,which reads as follows:
"G.R. No. 223705 (Loida Nicolas-Lewis vs. Commission on Elections). — Acting on the Petition for Certiorari with Urgent Application for Temporary Restraining Order and/or Writ of Preliminary Injunction, the Court Resolved, without giving due course to the petition, to
(a) REQUIRE the respondent to COMMENT on the petition within a NON-EXTENDIBLE period of five (5) days from notice;
(b) PARTIALLY GRANT the application for temporary restraining order; and
(c) ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining the Commission on Elections (COMELEC), its deputies and other related instrumentalities from implementing the following: (i) Section 36.8 of Republic Act No. 9189, as amended by Republic Act No. 10590; and (ii) Section 74 (II) (8) and other related provisions of COMELEC Resolution No. 10035 dated January 13, 2016, except within Philippine Embassies, Consulates and other Posts where overseas voters may exercise their right to vote pursuant to the Overseas Absentee Voting System, where partisan political activities shall still be prohibited until further orders from this Court. CAIHTE
Let copies of this resolution and the temporary restraining order be PERSONALLY SERVED on the parties." (adv83)
Very truly yours,
(SGD.) FELIPA B. ANAMAClerk of Court
G.R. No. 223705
TEMPORARY RESTRAINING ORDER
LOIDA NICOLAS-LEWIS, petitioner, vs. COMMISSION ON ELECTIONS, respondent.
TO : * Commission on Elections (x)
GREETINGS :
WHEREAS, the Supreme Court, on April 19, 2016, adopted a resolution in the above-entitled case, to wit:
G.R. No. 223705 (Loida Nicolas-Lewis vs. Commission on Elections). — Acting on the Petition for Certiorari with Urgent Application for Temporary Restraining Order and/or Writ of Preliminary Injunction, the Court Resolved, without giving due course to the petition, to
(a) REQUIRE the respondent to COMMENT on the petition within a NON-EXTENDIBLE period of five (5) days from notice;
(b) PARTIALLY GRANT the application for temporary restraining order; and
(c) ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining the Commission on Elections (COMELEC), its deputies and other related instrumentalities from implementing the following: (i) Section 36.8 of Republic Act No. 9189, as amended by Republic Act No. 10590; and (ii) Section 74 (II) (8) and other related provisions of COMELEC Resolution No. 10035 dated January 13, 2016, except within Philippine Embassies, Consulates and other Posts where overseas voters may exercise their right to vote pursuant to the Overseas Absentee Voting System, where partisan political activities shall still be prohibited until further orders from this Court.
Let copies of this resolution and the temporary restraining order be PERSONALLY SERVED on the parties." (adv83) DETACa
NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, respondent Commission on Elections, your deputies and other related instrumentalities, are hereby ENJOINED from implementing the following: (i) Section 36.8 of Republic Act No. 9189, as amended by Republic Act No. 10590; and (ii) Section 74 (II) (8) and other related provisions of COMELEC Resolution No. 10035 dated January 13, 2016, except within Philippine Embassies, Consulates and other Posts where overseas voters may exercise their right to vote pursuant to the Overseas Absentee Voting System, where partisan political activities shall still be prohibited until further orders from this Court.
GIVEN by the Supreme Court of the Philippines, this 19th day of April 2016.
(SGD.) FELIPA B. ANAMAClerk of Court
Footnotes
* Already furnished with copy of petition.
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