With the May 10, 2010 polls only nine months away, the Commission on Elections (Comelec) has revised its guidelines on the payment of appeal fees in poll disputes and on the disposition of motions for reconsideration of decisions, resolutions and orders on election protest cases (EPC), election appeal cases (EAC) and special relief cases (SPR) with the end in view of expediting the resolution of election disputes.

The new guidelines, contained in Comelec en banc Resolution 8654 that it approved in conformity with the decision of the Supreme Court last June 30, 2009 on the case of Jerry Aguilar vs Comelec and Romulo R. Ensoy, specifically provide that appeal to the Comelec of the trial court’s decision in election contest involving municipal and barangay officials is perfected upon the filing of notice of appeal and the payment of P1,000 appeal fee to the court that rendered the decision within five days.

The resolution, signed by Chairman Jose A.R. Melo and Commissioners Rene V. Sarmiento, Nicodemo T. Ferrer, Lucenito N. Tagle, Armando C. Velasco and Elias R. Yusoph, provides that non-payment of or the insufficient payment of the additional appeal fee of P3,200 to the Comelec Cash Division will not affect the perfection of the appeal nor shall it be a ground for its outright dismissal.

It further provides that if the appeal was filed before the effectivity of Resolution 8486, the appellant shall be directed to pay the additional appeal fee of P3,200 within 15 days from notice. If the appellant refuses to comply, the appeal shall be dismissed, Comelec said.

Regarding motion for reconsideration, Comelec new guidelines provide that such motion shall suspend the execution or implementation of the decision, resolution, order or ruling sought to reconsidered.

If a motion for execution of the decision or resolution of a division is filed prior to the filing of a motion for reconsideration or within two days after its filing and the case is not yet certified to or elevated to the Comelec en banc, the division where the case is pending may certify and elevate the case, together with the motion for reconsideration as parts of the records of the case, to the Comelec en banc for appropriate action.