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Today is Sunday, May 19, 2013

Republic of the PhilippinesSUPREME COURT

Manila

RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE MUNICIPAL O

R E S O L U T I O N

dation of the Chairman and Members of the Sub-committee on Internal Rules, the Court RESOLVED to APPROVE the "the Courts Involving Elective Municipal Officials."

fteen (15) days after their publication in newspaper of general circulation in the Philippines.

REYNATO S. PUNO
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Chief Justice

ANTONIO T. CARPIOAssociate Justice

RENATO C. CORONAAssociate Justice

CONCHITA CARPIO MORALESAssociate Justice

PRESBITERO J. VELASCO, JR.Associate Justice

ANTONIO EDUARDO B. NACHURAAssociate Justice

TERESITA J. LEONARDO-DE CASTRAssociate Justice

ARTURO D. BRIONAssociate Justice

DIOSDADO M. PERALTAAssociate Justice

LUCAS P. BERSAMINAssociate Justice

MARIANO C. DEL CASTILLOAssociate Justice

ROBERTO A. ABADAssociate Justice

MARTIN S. VILLARAMA, JR.Associate Justice

JOSE PORTUGAL PEREZAssociate Justice

JOSE CATRAL MENDOZAAssociate Justice

ellano Law Foundation

2010 RULES OF PROCEDURE FOR MUNICIPAL ELECTION CONTESTS

RULE IS C O P E

erage. These Rules shall be known and cited as The 2010 Rules of Procedure for Municipal Election Contests.

o election contests under the Automated Election System using the Precinct Count Optical Scan, and shall govern the fontests.

the Rules of Court. The Rules of Court shall apply to aspects of pleadings, practice and procedure in election contest

f terms. For purposes of and as used in these Rules:

s refers to the Regional Trial Court;

on means the choice or selection of candidates for public office by popular vote through the use of the ballot. Specificaincluding the listing of voters, the holding of the electoral campaign, the casting and counting of ballots, the consolidatio


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nd the canvassing of the returns;

ated Election System or AES refers to an election system using the technology designated by the Commission on Eleunting, consolidating, canvassing, transmission of election results, and the returns;

ct Count Optical Scan or PCOS refers to the machine as well as the technology using an optical ballot scanner, locatereads paper ballots that voters mark by hand and insert into the scanner to be counted;

al ballot refers to the paper ballot, capable of being optically scanned, with the pre-printed names of all candidates andhe printed names. The ovals are the spaces where voters express their choice through marking or shading using a COM

Image of the Ballot refers to the image of the ballot captured by the PCOS machine at the time the voter feeds his/hea memory or removable data storage device attached to the PCOS machines.

on Return refers to the document showing the date of the election, the province, city, municipality and the precinct whef votes in figures for each candidate in a precinct or in clustered precincts.

onic Election Return refers to the copy of the election return in electronic form, generated by the PCOS machine, that Municipal Board of Canvassers for the official canvass; (2) the COMELEC Back-Up Server; (3) the server for the domidominant minority party; (5) server for the citizens arm authorized by the COMELEC to conduct a parallel count; and (6ter sa Pilipinas or KBP.

Election Return refers to the copy of the election return printed by the PCOS machine on paper, and authenticated bbmarks of the Board of Election Inspectors (BEI) members.

nic transmission refers to the act of conveying data in electronic form from one location to another.

ss proceedings refers to the proceedings that involve the consolidation of precinct election results at the municipal lev

l proclamation of the election winners at the municipal level.

idation machine refers to the machine used during the canvass proceedings to consolidate at every canvass level.

ment of Votes by Precinct, Municipality, City, District, Province, or Overseas Absentee Voting (OAV) Station -refers to nted form generated by consolidation machines or by computers during the canvass proceedings. This document records in each precinct, municipality, city, district, province, or OAV Station, as the case may be.

ipal Certificate of Canvass refers to the document in electronic and in printed form, containing the total votes in figures in the municipality the electronic form of which is the official canvass result in the municipality electronically-transmitted

cate of Canvass and Proclamation refers to the official document in printed form, containing the names of all candidat

f votes in a particular municipality and certifying to these candidates proclamation as winners.

Storage Device refers to the device that stores electronic documents from where data may be obtained when necessactness of election data. The data storage device used in a PCOS shall be under the custody and direct responsibility of n of the voting process. A data storage device includes the back-up storage device under COMELEC custody that likewcopies of data.

Log refers to the electronic document, stored in the PCOS machines data storage device, containing the list of all act


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from the time that it is powered on until it is turned off.

onic document refers to the record of information or the representation of information, data, figures, symbols or other m or however represented, by which a fact may be proved and affirmed, which is received, recorded, transmitted, storedelectronically. It includes digitally-signed documents and any printout or output, readable by sight or other means, that

document.

ses of these Rules, an electronic document refers to either the picture image of the ballots or the electronic copies of thts of votes, the certificates of canvass, the audit log, and other electronic data processed by the PCOS and consolidatio

al count of ballots where voting using the AES ballots proceeded manually because the PCOS machines could not bemanually under the guidelines provided by the COMELEC, and the courts shall be guided accordingly.

n contests refers to election protests or petitions for quo warranto.

on protest refers to an election contest involving the election and returns of municipal elective officials, grounded on frad in the conduct of the elections, i.e., in the casting and the counting of the ballots, in the consolidation of votes and in th

wise classified as a pre-proclamation controversy cognizable by the COMELEC. The issue is who obtained the plurality

Warranto under the Omnibus Election Code refers to an election contest involving the qualifications for office of an elecd of ineligibility or disloyalty to the Republic of the Philippines. The issue is whether the respondent possesses all the qu

cations prescribed by law.

ion of ballots refers ton the recount of ballots through their physical count; the segregation of ballots for the protestants for the same position and the recording of the objections and claims to these ballots.

ulgation refers to the process of officially issuing the courts decision or order in an election contest.

ers of the court. A regional trial court acting on an election contest shall have all the inherent powers of a court provide

the power to issue auxiliary writs, processes, and other means necessary to carry its authority or jurisdiction into effect provided by, but conformable with, law, these Rules, or the Rules of Court.

The Rules shall be liberally constructed to achieve a just, expeditious, and inexpensive determination and disposition

RULE 2ELECTION CONTESTS

f regional trial courts. Regional trial courts shall have exclusive original jurisdiction over all election contests involving m

An election contest is initiated by the filing of an election protest or a petition for quo warranto against an elective mun

uo warranto shall be filed directly with the court in three legible copies plus such number of copies corresponding to the

not include a petition for quo warranto, nor shall a petition for quo warranto include an election protest.

vice and filing. Service and filing of pleadings, including the initiatory petition and other subsequent papers, shall be dohe court, resort to other modes of service must be accompanied by a written explanation why the service or filing was no


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ng this Rule shall be considered not to have been filed. 1avvphi1

st. A petition contesting the election or returns for an elective municipal office shall be filed with the proper Regional Tme office and who received the second or third-highest number of votes or, in a multi-slot position, was among the nextly proclaimed, as reflected in the official results of the election contained in the Statement of Votes by Precinct. The par

tant; the adverse party shall be known as the protestee.

exclusively to one office; however, contests for offices of the Sangguniang Bayan may be consolidated in one case.

. A petition for quo warranto against an elective municipal official shall be filed with the proper Regional Trial Court byection. The party filing the petition shall be designated as the petitioner; the adverse party shall be known as the respond

be verified and accompanied by a certificate of non-forum shopping. An election protest or a petition for quo warrantoffiant has read the petition and that its allegations are true and correct of the affiants own knowledge or based on authed belief" or upon "knowledge, information and belief" is not sufficient.

er shall sign personally the certificate of non-forum shopping, which must be annexed to the election protest or petition

ntly verified petition or one that lacks a certificate of non-forum shopping shall be dismissed outright and shall not suspeng of an election protest or petition for quo warranto.

protest or petition; non-extendible. The election protest or petition for quo warranto shall be filed within a non-extendibproclamation.

pre-proclamation controversy. The pendency of a pre-proclamation controversy, involving the validity of the proclamathe period for the filing of an election protest or petition for quo warranto.

dgment in disqualification case. The decision of the COMELEC, either en banc or in division, in a disqualification casewarranto based on the same ground, except when the Supreme Court has affirmed the COMELEC decision.

the protest or petition. (a) An election protest or petition forquo warranto shallcommonlyand specifically state the fol

the position involved;

) the date of proclamation; and

i) the number of votes credited to the parties per the proclamation.

warranto petition shall also state:

if the petitioner is not a candidate for the same municipal position, the facts giving the petitioner standing to file the pet

) the qualifications for the municipal office and the disqualifications prescribed by law;

i) the petitioners cited ground for ineligibility or the specific acts of disloyalty to the Republic of the Philippines.

ction protest shall also state:


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that the protestant was a candidate who had duly filed a certificate of candidacy and had been voted for the same offic

) the total number of precincts in the municipality;

i) the protested precincts and votes of the parties are not specified, an explanation why the votes are not specified; and

v) a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularitie

es. The Supreme Court shall designate the Regional Trial Court within a judicial region that shall take cognizance of eo. A raffle conducted by the executive judge shall determine the assignment of cases to these courts except in single-say the Supreme Court. No court shall assume jurisdiction over an election contest unless the case has been properly ass

hours before the raffle, the clerk of court must serve personal notice to the parties, stating the date and time of the raffled to the court, and the raffle shall be open to the public. The Supreme Court shall issue the necessary circular implemen

hange of venue or place or trial for compelling reasons to avoid a miscarriage of justice.

smissal of election contests. The court shall summarily dismiss, motu proporio, an election protest, counter-protest or nds:

ourt has no jurisdiction over the subject matter;

etition is insufficient in form and content as required under Section 10;

etition is filed beyond the period prescribed in these Rules;

ling fee is not paid within the period for filling the election protest or petition for quo warranto; and

rotest case where cash deposit is required, the deposit is not paid within five (5) days from the filling of the protest.

RULE 3S U M M O N S

Within twenty-four (24) hours from the filling of a protest or petition, the clerk of court shall issue the corresponding sumwith a copy of the protest or petition, requiring the filling of an answer within a non-extendible period of five days from n

mmons. The summons shall be served by handing copies of the summons and of the protest or the petition to the protprotestees or the respondents refusal to receive and sign these copies, by tendering them to him or her.

he protestee or the respondent cannot be served in person as provided above, service may be effected by leaving copie

rotestees or the respondents residence, with a person of suitable age and discretion residing therein, or

rotestees or the respondents office or regular place of business, with a competent person in charge thereof.

ved. The summons shall be served by a sheriff, a deputy sheriff, a process server or any other suitable person authori


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RULE 4ANSWER AND COUNTER-PROTEST

er; counter-protest. Within five (5) days from receipt of the summons and the copy of the protest or petition, the protes) legible copies, with proof of service of a copy on the protestant or the petitioner.

ied and may set forth admissions and denials, special and affirmative defenses, and a compulsory counterclaim. The pswer.

specify the counter-protested precincts and the parties votes per the Statement of Votes by Precinct and, in the properor omissions complained of as electoral fraud, anomalies or irregularities in the counter-protested precincts; if the votes ade for the omission. 1avvphi1

unterclaim or counter-protest. The protestant or petitioner shall answer the counterclaim or counter-protest within a no

the answer.

fic denial. A protestee or respondent must specify each material allegation of fact whose truth he or she does not admall set forth the substance of the matters upon to support the denial. The protestee or respondent shall specify the avermand shall deny the rest.

tions not specify denied deemed admitted. Material averments in the protest or petition, other than the amount of unliqthe appreciation of ballots, shall be deemed admitted when not specifically denied.

re to plead.

ses and objections not pleaded. Defenses and objections not pleaded are deemed waived. The court shall dismiss thpleadings or the evidence on record that (1) the court has no jurisdiction over the subject matter; or (2) there is another aties for the same cause; or (3) the action is barred by a prior judgement or by the statute of limitations.

ulsory counterclaim or cross-claim not set up barred. A compulsory counterclaim or a cross-claim not set up shall be b

of failure to answer. If the protestee or the respondent fails to answer within the time allowed in an election protest thar in a petition for quo warranto, the court upon motion of the Protestant or the petitioner, with notice to the protestee ouch failure shall proceed to render judgment granting the relief prayed for on the basis of the allegations of the verifiedin its discretion opts to require the protestant or the petitioner to submit evidence ex parte.

st involves revision or examination of ballots or the verification or re-tabulation of the election returns, the court shall issu

udgment based on the results of the revision, examination, verification or re-tabulation. During these proceedings, only te, or his or her duly authorized representative, has the right to be present and to observe the proceedings, without the rion returns.

ute time. In computing any period of time prescribed or allowed by these Rules, by order of the court or by any applicathe start when time begins to run is to be excluded and the date of performance included. If the last day of the period, alegal holiday in the place where the court sits, time shall not run until the next working day.

limitations. After the expiration of the period for the filling of an election protest, counter-protest or petition for quo wa


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n the scope of the action or introduce an additional cause of action may be allowed only upon leave of court. Leave of cto the court to be intended for delay. Any amendment in matters of form such as a defect in the designation of the pa

errors may summarily corrected by the court at any stage of the proceedings, at its initiative or on motion, provided therty.

RULE 5M O T I O N S

be in writing. All motions shall be in writing, except for those made in open court.

ce necessary. The court shall not act on any written motion, except upon submitted proof of service on the adverse pa

on motions. No motion shall be set for hearing, and no oral argument shall be allowed in support of any motion, excepd submitted for resolution unless the adverse party files his or her written objections within five (5) days from service. Thm the time it is deemed submitted for resolution.

RULE 6

PROHIBITED PLEADINGS

adings and motions. The following pleadings, motions or petitions shall not be allowed in the cases covered by these

n to dismiss the petition, except on the ground of lack of jurisdiction over the subject matter;

n for a bill of particulars;

rrer to evidence;

n for new trial, or for the reconsideration of a judgment, or for reopening of trial;

n for relief from judgment;

for extension of time to file pleadings, affidavits or other papers;

randa, except as provided under Section 7, Rile 13 of these Rules;

n to declare the protestee or the respondent in default;

y motion for postponements;

for the inhibition of the presiding judge, except on clearly valid grounds;

or rejoinder; and

arty complaint.

smiss be set up in the answer. All grounds to dismiss an election protest or petition for quo warranto must be set up oes not raised are deemed waived. The court may, at its discretion, hold a preliminary hearing on the grounds so pleade

RULE 7


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FILING FEES AND CASH DEPOSITS

No protest, counter-protest or petition for quo warranto shall be accepted for filling without the payment of a filling fee in0.00) for every protest, counter-protest or petition for quo warranto filed.

d attorneys fees are set forth in a protest or counter-protest, additional filling fees shall be paid in accordance with the smended.

ition to the fees prescribed in the preceding section, the protestant in an election protest requiring revision or examination or re-tabulation of election returns, or which may require bringing copies of other election documents and paraphernaosit with the court in the following amounts:

One Thousand Pesos (P1,000.00) for each precinct covered by the protest or counter-protest, provided that the depositan Twenty-five Thousand Pesos (P25,000.00) to be paid upon the filling of the election protest or counter-protest;

Twenty-five Thousand Pesos (P25,000.00) for the cost of bringing to court and of storing and maintaining the PCOS, thnd other automated election paraphernalia brought to court as evidence or as necessary equipment in considering the protested ballots;

If the amount to be deposit does not exceed One Hundred Thousand Pesos (P100,000.00), the required sum shall be ays from the filling of the protest or counter-protest; and

. If the required deposit shall exceed One Hundred Thousand Pesos (P100,000.00), a cash deposit in the amount of Onesos (P100,000.00) shall be made within ten (10) days from the filling of the protest or counter-protest. The balance shander the schedule the court may require after hearing the Protestant or counter-Protestant on the matter.

deposit shall be applied by the court to the payment of the compensation of revisors as provided under Section 3, Rule

penses incidental to revision, including but not limited to the cost of supplies and miscellaneous expenses of the revisionn in court and the storage and maintenance of automated election equipment and paraphernalia.

cumstances so demand (such as when the deposit has been or is about to be depleted), the court may require the paymAny unused cash deposit shall be returned to the depositing party after the complete termination of the protest or count

e amount of cash deposit shall be required from the protestee (counter-protestant), should continuation of revision be orh 2, Section 10, Rule 10 of these Rules. Once required, the protestee (counter-protestant) shall pay the cash deposit wiays from receipt of the courts order.

e to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest

RULE 8PRODUCTION AND CUSTODY OF BALLOT BOXES, ELECTION DOCUMENTS,

DATA STORAGE DEVICES AND PCOS MACHINES USED IN THE ELECTIONS (A)

recautionary protection order. Where the allegations in a protest so warrant, the court shall order simultaneously witand election officer concerned to take immediate and appropriate measures to safeguard the integrity of all the ballot brecords, the books of voters and other documents or paraphernalia used in the election, as well as the automated electidevices containing electronic data evidencing the conduct and results of elections in the contested precincts.


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oxes and election documents are brought before the court. Within forty-eight (48) hours from receipt of an answer witor counter-protest so warrant, the court shall order the ballot boxes with their keys, the PCOS and consolidation machinof voters and voting records, the books of voters, and other documents or paraphernalia involved in the protest or coun

parties of the date and time of retrieval and transfer from their respective custodians of the ballot boxes, the PCOS andcs data storage devices and all other automated election documents and paraphernalia. The parties may send represene absence, however, of a representative of a party shall not be reason to postpone or delay the retrieval or transfer of thelection documents.

n, may seek the assistance of the Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring thquipment, devices and documents to its custody.

oxes, ballots, PCOS machines, data storage devices, election returns, election documents or paraphernalia mentioned other for a (such as the Presidential Electoral Tribunal, the Senate Electoral Tribunal, the House of Representatives Eles) with preferential rights of custody and revision in simultaneous protests under COMELEC Resolution No. 2812 dated make the appropriate request with the higher tribunals for the temporary prior custody of ballot boxes, PCOS machines

n documents and paraphernalia, or for the synchronization of revision activities.

and incidental to the production in court of the ballot boxes and election documents and the production, storage and mevices, and automated election paraphernalia and documents shall be shouldered and promptly paid by the protestant s covered by their protects or counter-protests. The expenses necessary and incidental to the return of the materials antodians or to the proper tribunal after the termination of the case shall likewise be shared proportionately by the protestats they respectively contest.

ctronic data in the COMELEC back-up server. Upon motion duly made based on demonstrated need, the court may oaccess to, or to recover and use, electronic data from the COMELEC back-up server under conditions and safeguards

RULE 9

PRELIMINARY CONFERENCE

onference; mandatory. Within three (3) days after the filling of the last responsive pleading allowed by these Rules, or nsive pleading having been filed, the court shall conduct a mandatory preliminary conference among the parties to cons

mplification of issue;

ecessary or desirability of amendments to the pleadings;

ossibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof;

mitation of the number of witnesses;

ature of the testimonies of the witnesses and whether they relate to evidence that do not involve the ballots, or otherwis

thdrawal of certain protested or counter-protested precincts, especially those where the ballot boxes or ballots are unave located, have been destroyed due to natural disasters or calamities, or where the PCOS and other electronic data are

umber of revision committees to be constituted;

rocedure to be followed in case the election protest or counter-protest seeks, wholly or partially, the examination of ballo


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of election returns;

ocedure in handling the PCOS and the other electronic machines and data; and

matters that may contribute to prompt disposition of the case.

h counsel. The notice of preliminary conference shall be served on counsel or on counsel on the party himself or hersel is to notice to the party, as counsel is charged with the duty to notify the party represented.

of parties. - The parties have the duty to appear the person before the court at the preliminary conference. Counsels aphorized to appear for and to bind their clients on the matters covered by the preliminary conference.

onference brief. The parties shall file with the court their respective preliminary conference briefs and serve these on ththe other partys receipt of the brief at least one day before the date of the preliminary conference. The briefs shall cont

mary of admitted facts and proposed stipulations;

sues is to be tried and resolved (i.e., for election protests, the alleged frauds or irregularities committed in the conduct oproceedings, the ground for ineligibility or acts of disloyalty);

ocuments or exhibits to be presented;

nifestation indicating the use of the intent to use discovery procedures or referral to commissioners;

umber and names of witnesses, their addresses, and the substance of their respective testimonies. The testimonies of win question and answer form, which shall serve as their direct testimonies, subject to oral cross-examination;

festation of withdrawal of certain protested or counter protested precincts, if this is the case;

roposed number of revision committees and the names of proposes revisors and alternated revisors; and

rocedure to be followed in case the election protest or counter protest seeks the revision or examination of ballots, or then returns.

brief. - The failure to file the required brief or to provide the briefs mandatory contests shall have the same effect as the

re to appear. The failure of the protestant/petitioner or the duly authorized counsel to appear at the preliminary conferess the protest, or counter-protest or petition. The failure of the protestee/respondent or of the duly authorized counsel tohave the effect provided under Section 4(c), Rule 4 of these Rules, i.e., the court may allow the protestant/petitioner to nt based on the evidence presented.

nference order. The court shall issue an order summarizing the matters taken up and the stipulations or agreements r3) days following the termination of the preliminary conference. The court shall commence, the starting date of which she preliminary conference.

RULE 10REVISION OF BALLOTS


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on. The revision of ballots shall commence on the date specified in the preliminary conference order.

mittee; under the supervision of the court. As many revision committees as may be necessary shall be constituted. Eaerson and two members, one of whom is designated by the protestant and the other by the protestee. The court shall deng its personnel. The parties shall also designate their respective substitute revisors.

hall conduct the revision in the court premises or at such other place in the court may designate, in every case under its

rge their duties with the highest degree of integrity, conducting the proceedings with the same dignity and discipline the exercise extraordinary diligence and take the precautionary measures requires by this level of diligence to prevent loss, y of the ballots and the election documents, whether electronic or printed, and the misuse of the electronic election mac

n of the revisors. - The court shall fix the compensation of the revisors at Eight Hundred Pesos (P800.00) per ballot box300.00) per ballot box for each party revisor. The party revisors shall each be entitled to an additional per diem of Five on for a recorder shall be Three Hundred Pesos (P300.00) per ballot box. This compensation shall be chargeable againn2, Rule 7 of these Rules.

evisions.

d for revision. Revision shall be conducted from 8:30 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m. from Mondayolidays. The revisors may take fifteen-minute breaks during the revision.

on to continue even if a party revisor is absent or late. The revision shall bot be delayed or postponed by reason of thvisor or substitute revisor, as long as the chairperson and one party revisor are present. The court may at any time desiar chairperson fails for any reason to report.

revisor of the protestee is absent or late. - If the revisor of the protestee is absent or late for thirty minutes and no alternaon shall nevertheless commence. The protestee shall be deemed to have waived the right to appear and to object to the

or her revisors absence or tardiness.

revisor of the protestant or the revisors of both parties fail to appear. If the protestants revisor or the revisors of both pwithout justifiable reason within one hour after the scheduled start of the revision, the ballot boxes scheduled for revisio

nding ballot box keys in the possession of the chairperson, shall be returned to the courts ballot box custodian, and the he parties are deemed to have waived their right to the revision for that day, and the chairperson shall state the facts of eport.

cess. During the revision, no person other than the judge, the clerk of the court, the chairperson and the members of thorized representatives shall have the access to the revision area.

vision. The revision of the votes on the ballots shall be done manually and visually and through the use of appropriate

re below:

e scheduled day of revision, the following, if needed, should be in the custody of the court:

the ballot boxes containing the ballots in protested and counter protested precincts; and

) the data storage devices and the PCOS machines used in the precincts concerned or any other device that can be use genuineness of the ballots;


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evision committee shall initially note, before anything else, the condition of the ballot box and its locks and locking mechin the revision report. Based on this observation, the revision committee must also determine whether the integrity of th

d.

allot box shall then be opened and the ballots taken out. The "valid" ballots shall first be counted, without regard to the v

his will be followed by the counting of the torn, unused stray and rejected ballots, as classified at the polling place.

otes appearing in the election returns copy for the ballot box shall then be recorded in the minutes.

o the actual revision, the revision committee must authenticate each and every ballot to make sure that it was the sameachine during the voting. The authentication shall be through the use of PCOS machines actually used during the electiother device certified by the Commission to be capable of performing the desired authentication requirement through theviolet ray code detection mechanism.

count shall only proceed after the revision committee, through its chairperson and members, has determined that the inserved.

evision committee shall thereafter proceed to look at the ballots and count the indicated votes for the contested position.

king at the shades or marks used to register votes, the revision committee shall bear in mind that the will of the voters reall as much as possible be given effect, setting technicalities aside. Furthermore, the votes are presumed to have beensidered unless reasons exist to justify their rejection. However, marks or shades that are less than 50% of the oval shaly issue as to whether a certain mark or shade is within the threshold shall be determined by using the PCOS machine, n

es on the appreciation of the ballots under Section211 of the Omnibus Election Code shall apply suppletorily when app

shall be a tally sheet in at least 5 copies, plus additional copies depending on the number of additional parties, that shalre counted through the use of taras and sticks.

all the ballots from one ballot box have been counted, the revision committee shall secure the contested ballots and comnct. Thereafter, it shall proceed to recount the votes from the ballots of the next precinct.

e of multiple revision committees, the recount shall be done simultaneously.

event that the revision committee determines that the integrity of the ballots and the ballot box have not been preserveg or substitution exists, it shall proceed to instruct the printing of the picture image of the ballots stored in the data storag

shall provide a non-partisan technical person who shall conduct the necessary authentication process to ensure that thand not a substitute. Only after this determination can the printed picture image be used for the recount,

nd submission of revision report. The committee shall prepare and submit to the court a revision reportperprecinct st

ecinct number;

te, the place and the time of revision;


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tes of the parties per physical count;

ndition and the serial numbers of the following:.

ballot boxes;

) self-locking security metal or plastic seals (inner and outer) and padlocks of the ballot boxes;

i) security envelopes containing the election returns; and

v) numbered paper seal of the envelopes;

ired, the availability of and other circumstances attendant to the PCOS machines and other automated election deviceson;

es of the partiesperthe ballot box copy of the election returns andperthe tally sheet/board found inside the ballot box;

mber of ballots objected to by the parties indicating therein the exhibit numbers;

ounds of objections;

mber of stray ballots;

ms on ballots with their exhibit numbers; and

tries in the Minutes of Voting and Counting, particularly:

the number of registered voters;

) the number of voters who actually voted;


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i) the number of official ballots, together with their serial numbers, used in the election;

v) the number if ballots actually used indicating the serial numbers of the ballots; and

) the unused ballots together with their serial numbers.

on forms shall be made available prior to the revision. The per-precinct revision report shall be signed and certified by tevisors, and shall form part of the records of the case.

n to the per-precinct revision report, the revision committee shall also prepare and submit to the court, within three daysa committee report summarizing the data, votes, ballot objections and claims, and significant observations made during sted precincts and later from the counter-protested precincts, if so conducted based on the provisions of Section 10 belopy of the committee report may submit its comments thereon within a non-extendible period of three (3) days from notice

ion. Revision of ballots shall start with those from the protested precincts , subject to the provisions of Section 10 ther

security markings and vital information relative to ballots and election documents. When a revision of ballots is orderedall inquire about the security markings on the ballots and the security measures used in the election documents from the

dicate this markings, measures and other vital information that may aid the court in determining the authenticity of the bshall be notified of the results of this inquiry.

n determination of the merit or legitimacy of the protest prior to revision of the counter-protest. Immediately after the reor re-tabulation of election returns in all protested precincts, the protestant shall be required to point to a number of prehe total of the revised protested precincts, that will best attest to the votes recovered, ore that will best exemplify the franwhile, the revision or examination of the ballots, or the verification or re-tabulation of election returns in the counter-proot exceeding fifteen days to allow the court to preliminarily determine, through the appreciation of ballots and other subm


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the protest based in the chosen twenty percent (20%) of the protested precincts.

his post-revision preliminary determination, the court may dismiss the protest without further proceedings if the validity oevidence from the chosen twenty percent (20%) of the protested precincts; or proceed with the revision or examination ifon of election returns in the counter-protested precincts. In the latter case, the protestee shall be required to pay the cas

e (3) days from notice.

of the appreciation of ballots. - If the court decides not to dismiss the protest after the preliminary examination of the evhe protested precincts, revision with respect to the remaining precincts shall proceed at the same time that the ballots o

ecincts are being revised. After completion of the revision of the protested precincts, the court shall proceed with the appprotested precincts.

RULE 11TECHNICAL EXAMINATION

chnical examination; contents. Except when the protest or counter-protest involves allegation of massive substitute von of the presented evidence within five (5) days after completion of the revision in the protest or counter-protest, specifyi

ature of the technical examination requested (e.g., fingerprint examination, etc.);

ocuments or machines/equipment to be subjected to technical examination;

bjections made in the course of the revision of ballots which the movant intends to substantiate with the results of the tec

allots covered by these objections.

mination; time limits. The court may grant the motion for technical examination at its discretion and under the conditiochnical examination shall start within five (5) days from notice to both parties, and shall be completed within the period s

successive working days, unless the court grants an extension based on exceptionally meritorious ground. A party may

nally or through a representative. However the technical examination shall proceed with or without the attendance of a p

al examination shall be for the account of the party requesting the examination. The technical examination shall be und

shall provide. Experts necessary for the conduct of technical examination shall be provided by the party requesting thvestigation, the PNP Crime Laboratory, the Commission on Elections, the Department of Science and Technology, or eay secure the services of his or her own expert who may only observe, not interfere with, the examination conducted by

RULE 12PHOTOCOPYING OF BALLOTS

simultaneous with revision. On the motion of a party, the court may allow the photocopying of ballots and election docurt may impose. The photocopying, if allowed, must start at the commencement of revision and, as far as practicable, mermination of revision.

cted; parties to provide own photocopying units. Photocopying shall be done within the premises of the court, near thethe clerk of court. The requesting party shall provide an efficient photocopying unit and shall bear all attendant expense

production of electronic data. On the motion of a party, the court may allow the reproduction of electronic data that are


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y and control of the COMELEC under the conditions and safeguards the COMELEC shall require. The costs and expeneproduction.

RULE 13PRESENTATION OF EVIDENCE

and reception of evidence; order of hearing. If at the preliminary conference the parties have agreed on issues that dos or other election documents (e.g., vote-buying, fraud, terrorism or violence), the reception of evidence on the issues, simultaneously with the revision of ballots that may be required.

e on all other matters or issues incidental to or involving the ballots and related election documents shall be made upontion documents; or (b) the technical examination, if allowed by the court under the provisions of Rule 11 of these Rules.

all be made in accordance with the following order of hearing:

rotestant or petitioner shall present evidence in support of the protest or petition;

rotestee or respondent shall then adduce evidence in support of the defense, counterclaim or counter-protest, if any;

arties may then respectively offer rebuttal evidence only, unless the court for good reasons and in the furtherance of juson their original case; and

r-rebuttal evidence shall be allowed.

dence, the party shall require the proposed witness to execute an affidavit which shall be considered as the witness dirto object to its inadmissible portions and to orally cross-examine the witness. The affidavit shall be based on personal kible in evidence, and shall show affirmatively that the affiant is competent to testify on the stated matters. The affidavit s

e submitted to the court and served on the adverse party at least three (3) days before the hearing.

davit of witness within the specified time shall constitute a waiver of the partys right to present testimonial evidence.

ination-of witness rule i.e., that a witness has to be fully cross-examined on one day shall strictly be followed, subjecation for justifiable reasons.

well as the ballots objected to or claimed by the parties and the submitted electronic evidence, shall automatically form pther parties as their evidence.

nce. The court shall not consider any evidence that has not been formally offered. Offer of evidence shall be done oraparty after the presentation of the partys last witness. The opposing party shall be required to immediately interpose ober of evidence in open court. However, the court may, at its discretion, allow the party to make an offer of evidence in wys from notice of the courts order. If the court rejects any evidence offered, the party may make a tender of the exclude

evidence continuous. Reception of evidence, once commenced, shall continue from day to day, as far as practicable, order. In no case shall the entire period for reception of evidence exceed ten successive days for each party, from the fitherwise authorized by the Supreme Court.

s and postponements. No motion for postponement shall be allowed, except for clearly meritorious reasons. In no caseexceeding three calendar days, nor shall the postponements of hearing granted to each party exceed three (3). The fili


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irect contempt of court and shall be punished accordingly.

of. Burden of proof is the duty of a party to present evidence of the facts in issue to establish his or her claim or defen

esumptions. The following presumptions are considered as established facts, unless contradicted and overcome by ot

e election procedure:

The election of candidates was held on the date and at the time set and in the polling place determined by the Commis

) The Boards of Election Inspectors were duly constituted and organized;

i) Political parties and candidates were duly represented by pollwatchers;

v) Pollwatchers were able to perform their functions;

) The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors;

i) The Audit Log contains the list of all activities performed by the PCOS machines from the time it was powered on unti

ection paraphernalia:

Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections a

) The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are t

i) The allocation, packing and distribution of election documents or paraphernalia were properly and timely done;

v) The PCOS and consolidation machines and the data storage devices are all in order, and the data generated reflect tese electronic machines and devices.

preciation of ballots:

A ballot with appropriate security markings is valid;

) The ballot reflects the intent of the voter;

i) The ballot was properly accomplished;

v) A voter personally prepared one ballot, except in the case of assistors; and

) The exercise of ones right to vote was voluntary and free.

f memoranda. The court may allow the parties to submit their respective memoranda within a non-extendible period oon the last offer of exhibits; or, if the offer was made in writing, within ten (10) days from receipt of the written ruling of thndum shall be allowed.

RULE 14


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D E C I S I O N

decision. The court shall decide the election contest within thirty (30) days from the date the case is submitted for decisunless the Supreme Court authorizes an extension in writing. Failure to comply with this timeline shall be considered a

action against the judge. In addition, six (6) months after the submission of the case for decision, the judge shall be relie

e the election case.

emed submitted for decision after completion of the reception of evidence or, if the parties were allowed to submit memoexpiration of the period for their filing, whichever is earlier. In an election protest, the winner shall be the candidate who o

ion in election protests. After the termination of the revision of ballots and before rendering its decision in an election pxamine and appreciate the original ballots. The court, in its appreciation of the ballots and in ruling on the parties claimses:

arked ballots The court must specify and point to the marking clearly indicating the voters intent to identify the ballot.

ke or spurious ballots, election document, machine, device or paraphernalia The court must specify the COMELEC seot found in the ballot, election documents, machine, device or paraphernalia considered fake or spurious, or the operatidevice or paraphernalia that resulted in fake or spurious results;

ay ballots The court must specify and state in detail why the ballots are considered stray;

aimed ballots The court must specify the exact basis for admitting claimed votes or crediting these to either party.

ments. In a protest or petition against several protestees or respondents, the court may, when a several judgment is prem, leaving the protest or petition to proceed against the others.

of decision. The decision signed by the presiding judge shall be promulgated by reading its dispositive portion in open

filing the decision with the clerk of court; or by the delivery of a copy of the signed decision to the clerk of court, who shaue copies thereof to be served, personally or by registered mail, on the counsels or on the parties if they are not represe

cision. The courts promulgated decision shall become final and executory five (5) days after receipt of notice by the pa

ment. If no appeal is filed within the time provided in these Rules, the judgment shall be entered by the clerk in the boojudgment shall be the date of its entry. The record shall contain the dispositive part of the judgment and shall be signed

ent has become final and executory.

decision. As soon as the decision becomes final, the clerk of court shall send notices to the COMELEC, the Departmmmission on Audit.

aggrieved party may appeal the decision to the COMELEC within five (5) days after promulgation, by filing a notice of ath copy served on the adverse counsel or on the adverse party who is not represented by counsel.

The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pling of the notice of appeal.

ransmittal of records of the case. The clerk of court shall, within fifteen (15) days from the filing of the notice of appeal,partment, COMELEC, the complete records of the case, together with all the evidence, including the original and three


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e proceedings.

ending appeal. On motion of the prevailing party with notice to the adverse party, the court, at its discretion and while ser the execution of its decision before the expiration of the period to appeal, subject to the following rules:

tion pending appeal shall not issue except upon motion and hearing with prior notice of the motion of at least three (3) don for execution pending appeal must be supported by good reasons cited and stated by the court in a special order. Th

constitute superior circumstances demanding urgency that would outweigh the injury or damage, should the losing pardgment on appeal; and

) manifest, in the decision sought to be executed, that the defeat of the protestee or the victory of the protestant has bee

court grants an execution pending appeal, an aggrieved party shall have twenty working days from notice of the special ing order or status quo order from the Supreme Court or the COMELEC. The corresponding writ of execution shall issueg order or status quo order is issued. During the twenty (20)-day period, the issuance of a writ of execution pending app

of the Commission on Elections in certiorari cases. The COMELEC has the authority to issue the extraordinary writs oits appellate jurisdiction over decisions of the courts in election cases involving elective municipal officials.

disposition of election contests. The courts shall give preference to election contests over all other cases, except petitnd habeas data.

RULE 15COSTS, DAMAGES AND ATTORNEYS FEES

allowed. Costs shall be allowed to the prevailing party as a matter of course. The court shall have the power, for specile. The court may render judgment for costs if a protest, a counter-protest or a petition for quo warranto is dismissed. Wuo warranto is found to be frivolous, double or treble costs may be imposed on the protestant, the counter-protestant or

d attorneys fees. In all election contests, the court may adjudicate damages and attorneys fees as it may deem just ad party has included these claims in the pleadings.

RULE 16ELECTRONIC EVIDENCE

electronic document or data. An electronic document or data shall be regarded as the equivalent of an original documntout or an output readable by sight or other means and shown to reflect the data accurately.

uivalent of the originals. When a document is in two or more copies executed at or about the same time with identical pression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduct

y reproduce the original, such copies or duplicates shall be regarded as the equivalent of the original.

going, copies or duplicates shall not be admissible to the same extent as the original if:

ine question is raised as to the authenticity of the original; or

he circumstances, it would be unjust or inequitable to admit the copy in lieu of the original.


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vidence. All matters relating to the admissibility and evidentiary weight of an electronic document may be established bdge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to tfiant shall be made to affirm the contents of the affidavit in open session and may be cross-examined as a matter of righ

RULE 17

AUTHENTICATION OF ELECTRONIC DOCUMENTS AND DATA

ving authenticity. The person seeking to introduce an electronic document in an election protest has the burden of proRule.

thentication. Before any electronic document or data offered as authentic is received in evidence, its authenticity must

dence that it has been digitally signed by the person purported to have signed it. "Digitally signed" refers to an electronicsage bearing a digital signature verified by the public key listed in a certificate.

dence that other appropriate security procedures or devices for authentication of electronic documents authorized by the

thentication of electronic documents were applied to the document; or

er evidence showing its integrity and reliability to the satisfaction of the judge.

Electronic Evidence. The Rules on Electronic Evidence shall apply to evidentiary aspects of pleadings, practice and ppecifically provided for in these Rules.

RULE 18FINAL PROVISIONS

use. For municipal election contests, these rules supersede A.M. No. 07-4-15-SC (The Rules of Procedure In Electional and Barangay Officials) which became effective on May 15, 2007. All other rules, resolutions, regulations or circulars

onsistent with any provision of these Rules are hereby deemed repealed or modified accordingly.

use. These Rules shall take effect fifteen (15) days after their publication in a newspaper of general circulation in the Ph

ellano Law Foundation

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