Creating the Special Committee on the Rules of Procedure in Election Contest before the First Level Courts

August 28, 2018

SUPREME COURT MEMORANDUM ORDER NO. 47-2018

CREATING THE SPECIAL COMMITTEE ON THE RULES OF PROCEDURE IN ELECTION CONTEST BEFORE THE FIRST LEVEL COURTS

WHEREAS, on April 24, 2007, the Supreme Court En Banc promulgated A.M. No. 07-4-15-SC or the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and BarangayOfficials "[p]ursuant to the provisions of Article VIII, Section 5 (5) of the Constitution, 1 and in order to achieve an expeditious, inexpensive and just determination of election cases before the courts;"

WHEREAS, the Rules governed the filing of pleadings, practice and procedure in election protests and petitions for quo warranto before courts of general jurisdiction and courts of limited jurisdiction relating to elective municipal and barangay officials; 2

WHEREAS, the Metropolitan and City Judges Association of the Philippines, Inc. (MetCJAP) is the national association of metropolitan and city judges in the Philippines;

WHEREAS, pursuant to its mandate to assist its member judges in the effective discharge of their judicial functions, the members of its Board of Trustees issued Board Resolution No. 2018-1, praying that the Court create a Committee for the revision of A.M. No. 07-4-15-SC or the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials and that the Court En Banc and/or the Committee to consider proposed amendments to the existing Rules, which was attached to the Letter;

WHEREAS, in the Letter dated April 5, 2018, Hon. Leilani Marie D. Grimares, President, MetCJAP, submitted for the Court's consideration the proposed amendments for the Court's consideration and approval;

WHEREAS, pursuant to the mandate of A.M. No. 07-4-15-SC to achieve an expeditious, inexpensive and just determination of election cases before the courts, there is a need to create a Committee to study and review the proposed amendments and the existing Rules;

NOW THEREFORE, the Special Committee for the Revision of A.M. No. 07-4-15-SC or the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials Committee on Rules of Procedure in Election Contest is hereby created and constituted as follows:

 

Chairperson	Hon. Diosdado M. PeraltaAssociate Justice, Supreme Court
Vice-Chairperson	Hon. Alexander G. GesmundoAssociate Justice, Supreme Court
Members	Hon. Leilani Mari Dacanay-GrimaresMetropolitan Trial Court, Parañaque City, Branch 87
Hon. Belen S. CarasigMetropolitan Trial Court, Parañaque City, Branch 88
Hon. Christian Emmanuel G. PimentelMetropolitan Trial Court, Pasig City, Branch 69
Atty. Camille Leelin TingOffice of the Court Administrator
Secretary	Atty. Ralph Jerome D. SalvadorOffice of Associate Justice Diosdado M. Peralta
Assistant Secretary	Atty. Anna Katrina M. MartinezOffice of Associate Justice Diosdado M. Peralta

 

The Committee shall have the following functions and duties:

1. Assess the nationwide impact of the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials;

2. Survey and compile the best practices employed by the trial court judges in relation to election contests procedure;

3. Propose amendments to the existing Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials;

4. Formulate guidelines for the nationwide implementation of approved amendments to the Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials.

To enable it to perform its functions and duties, the Committee shall be authorized to:

1. Create technical working groups, as the need arises, to look into special issues to be determined by the Committee; CAIHTE

2. Collaborate with the Philippine Judicial Academy for the development of skills and advancement training modules for trial court judges;

3. Invite resource persons who are expert in election law and procedure; and

4. Do such other acts as may be necessary in the performance of its mandate.

The Chairperson, Vice-Chairperson, Members and Members of the Secretariat of the Committee shall receive the usual expense allowances.

This Memorandum Order shall take effect upon its issuance this 28th day of August, 2018.

(SGD.) TERESITA J. LEONARDO-DE CASTROChief Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

(SGD.) DIOSDADO M. PERALTAAssociate Justice

Footnotes

1. SECTION 5. The Supreme Court shall have the following powers:

 (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

2. Rule 1, Section 1, A.M. No. 07-4-15-SC or the Rules of Procedure in election Contests before the Courts Involving Elective Municipal and Barangay Officials.