coMMl SSION. ON ELECi.:.

ITD ADMIN

D MAY 0 { 202rt
I /'.
G'r: I1!E .) :5rPh
Republic of the Philippines
-tros*#<l- /rp,*
COMMISSION ON ELECTIONS
lntramuros, Manila

INTERNAL RULES PERTAINING Garcio G.M., Chairman

TO PENDING PETITIONS FOR Inting 5.8., Commissiorter
CORRECTION OF MANIFEST Casqueio, M.S. Commission*
ERRORS IN CONNECTION WITH Ferolino, A.P., Commissioner
THE OCTOBER 30, 2023
Bulay, R.E., Commissioner
Maceda, 8.P.,
BARANGAY AND Celis, N.J.,
Commissioner
Commissionu
SANGGUNIANG KABATAAN
ELECTIONS (BSKE), AND
SUBSEQUENT BsKEs
THEREAFTER.

P romulg at e il: February 15, 2024

RESOLUTION NO. L0975

WHEREAS, under section 3, Article IX-C of the 19g7 Constitutioo

the Commission on Elections (COMELEC) may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre_proclamation
controversies. All such election cases shall be heard. and decided in
division, provided that motions for reconsideration of decisions shall
be decided by the Commission enbanc.

WHEREAS, pursuant to Section 2, Rule 3 of the 1993 COMELEC

Rules of Procedure, the Commission shall sit en banc in cases
hereinafter specifically provided, or in pre-proclamation cases upon a
vote of a majority of the members of the Commission.

WHEKEAS, inBaytano. COMELEC,I the Supreme Court clarified

that when the case demands only the exercise by the CoMELEC of its
administrative functions, such as the correction of a manifest mistake

1 Reynato Bayta?t, et al. os. Cotnmission on Elections, G.R. No. 153%5

4 Februarv 2003
 Page 2 of 4

in the addition of votes or an erroneous tabulation in the statement of

votes, the COMELEC en banc shall exercise jurisdiction.

WHEKEAS, the correction of the manifest mistake in

mathematical addition requires for a mere clerical task of the board of
canvassers; thus, such remedy is purely administrative.z

WHEREAS, proclamations and eventual assumption of office

predicated on cierical ard "manifest" errors are not reflective of the
legitimate will of the electorate, and are not valid.

WHEREAS, annulment of proclamation is merely an incidental

effect of a correction of manifest errors which will not affect the
conferment of original jurisdiction with the Commission En Banc.

WHEREAS, there is a need to facilitate the immediate and speedy

resolution of petitions for correction of manifest errors pending before
the Commission.

WHEKEAS, under Commission en barzc Omnibus Order dated 26

october 2023,3 the Clerk of the Commission is designated as Hearing
Officer for the purpose of conducting hearings and reception of
evidence in special cases filed in connection with the 2023 BSKE.

NOW, THEREFORE, by virtue of the powers vested by the

Constitution, the omnibus Election Code, and other pertinent laws
and resolutions, the COMELEC has RESOLVED, as it hereby
RESOLVES, to implement the following internal procedures with
respect to petitions for correction of manifest errors:

z Riurrtlo
"Boy" Canicoss us. Commission on Elections,et. sl., G.R. No. 12031g, 5 December 1997
3In re: Designation of Heari,rg officer for speciar Cases F ed in Connection
with the 2023
Barangay and sangguniang Kabataan Elections
@SKE) promulgated on 26 october 2026
 Page 3 of 4

srcrroN 1. sttspensionof the Rules. - In the interest of justice and

in order to obtain speedy disposition of all matters pending before the
CommissiorL pre-marking evidence shall be dispensed with. Annexes
to the petition shall be adopted as formal exhibits.

Section 2. Nature, - The petition shall be heard summarily. In lieu

of oral testimonies, the parties shall be required to submii written
pleadings together with documentary evid.ence. Only when there is a
need for clarification of certain matters may a hearing be scheduled
observing section 6, Rule 34 of the COMELEC Rules oiproced.ure.

Section 3. Initial Assessment ba the Office of the Clerk of the

Commission. Upon initial assessment of the docketed petition, the
Office of the Clerk of the Commission shall immedia tely issue an
Ord.er, among otherc, directing the affected candidatels to file a
verified answer cum memorandum and the concerned Election Officer
to submit a comment
_specifically stating his/her findings and
recommendation and the certiFied true copies of the rilevant
documents within three (3) days from receipt thereof.

Upon filing of the verified answer cum memorandum, and the

submission of the Election officer's comment, or after the lapse of the
period to file the same, the petition sha]l be deemed. submitted for
resolution.

In instances when an answer cum memotandum or intervention

is filed by a respondent or aJfected.party, the petition sharl referred
back to the office of the crerk of the Commission for raffling to a
division.

otherwise, the case records sharl be referred to the Review

Committee through the Office of the Chairman for disposition.

_ Srcrrou 4. Reaiew_Committee. - A special committee of lawyers

from the office of theChairman and office of the Commissioners shar
review the petition and submit to the Commission En Bancl+sfindings
and recommendation thereto which shan be in the form of a resoluti#.

SECTION 4. Disposition,
- The Commission Ez Banc shardecid.e
the petition within fifteen (15) days from receiving the
recommendation.
 Page 4 ol 4

SECTION 5. Publication and E ctiai - The Education and

Information Departme nt (EID) is directed to cause the publication of
the instant rules in on e (1) newspaper of general circulation and the
COMELEC website. Th ese rules shall be immediately effective upon
approval and publicati on.

SO ORDERED.

GEORGE E GARCIA

J^
S CORRO B.INTI ARLO
Commissioner omtms

AIMEE LINO B LAY

Commissionerd'
s ner

ERNESTO DI NAND P. MACEDA,JR. NE SON . CELIS

Commissioner CommissionerL\)

CERTIFICATION

APPROVED for publication, February 15,2024.

(

CO .D LA
Director IV
Office of the Commission Secretary

This Resolution can be verified at this number (02)g52729g7; email address

comsec@com elec ov