Order of Comelec Appealable to SC

Settled is the rule that it is the decision, order or ruling of the COMELEC en banc which, in accordance with Article IX-A, Section 7 of the Constitution, may be brought to this Court on certiorari. But this rule should not apply when a division of the COMELEC arrogates unto itself, and deprives the en banc of the authority to rule on a motion for reconsideration, as in this case. Further, the rule is not ironclad; it admits of exceptions as when the decision or resolution sought to be set aside, even if it were merely a Division action, is an absolute nullity. (Aguilar v. Comelec, G.R. No. 185140, June 30, 2009)