Local Absentee Voting Act

Section 1

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, is contrary to law.

Section 2

A motion to reconsider a decision shall be filed within five (5) days from the promulgation thereof. Such motion, if not pro forma, suspends the execution or implementation, of the decision, resolution, order or ruling.

Section 3

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.

Section 4

Effect of Motion for Reconsideration on Period to File Petition for Certiorari to the Supreme Court. — A motion to reconsider a decision, resolution, when not pro-forma, suspends the running of the period to elevate the matter to the Supreme Court.

Section 5

Upon the filing of a motion to reconsider a decision, resolution, order or ruling of a Division, the ECAD Clerk 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.

Section 6

The EACD Director concerned shall calendar the motion for reconsideration for the resolution of the Commission en banc within ten days from the certification thereof.

Section 7

The motion for reconsideration shall be decided within fifteen (15) days from the date the case or matter is deemed submitted for decision, unless otherwise provided by law.

Section 8

The decision of the Commission shall become final and executory five days after its promulgation and receipt of notice by the parties.