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Am.no.07!4!15-Sc Rules of Procedure on Election Contests

Am.no.07!4!15-Sc Rules of Procedure on Election Contests

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Published by: raynan francis on Aug 30, 2012
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Republic of the PhilippinesSupreme Court
 PURSUANT to the provisions of Article VIII, Section 5(5) of theConstitution, and in order to achieve an expeditious, inexpensive and justdetermination of election cases before the courts, the Supreme Courthereby adopts and promulgates the following rules.
—These Rules shall govern the filing of pleadings, practice and procedure in election protests and petitions for
quo warranto
before courts of general jurisdiction and courts of limited jurisdiction relating to elective municipal and barangay officials.S
. 2.
 Application of the Rules of Court.— 
The Rules of Courtshall apply by analogy or in a suppletory character, and wheneverpracticable and convenient.S
. 3.
—As used in these Rules:(a) Courts refer to the Regional Trial Courts or theMunicipal Trial Courts, including the MetropolitanTrial Courts, Municipal Trial Courts in Cities,Municipal Trial Courts and Municipal Circuit Trial
Rules of Procedure in Election Contests
page 2Courts.(b) Election means the choice or selection of candidates to public office by popular vote throughthe use of the ballot. Specifically, it may refer to theconduct of the polls, including the listing of voters,the holding of the electoral campaign, and the castingand counting of ballots and canvassing of returns.(c) Election Contests refer to election protests orpetitions for
quo warranto.
 (d) Election Protest refers to an election contestrelating to the election and returns of electiveofficials, grounded on frauds or irregularities in theconduct of the elections, the casting and counting of the ballots and the preparation and canvassing of returns. The issue is who obtained the plurality of valid votes cast.(e)
Quo Warranto
under the Omnibus Election Code —refers to an election contest relating to thequalifications of an elective official on the ground of ineligibility or disloyalty to the Republic of thePhilippines. The issue is whether respondentpossesses all the qualifications and none of thedisqualifications prescribed by law.(f) Revision of Ballots refers to the process of arecount of the ballots involving physical counting andsegregation of ballots for the protestant, protestee andother candidates for the same position and therecording of objections and claims to ballots.(g) Promulgation refers to the process by which adecision is published, officially announced, madeknown to the public and delivered to the clerk of courtfor filing, coupled with notice to the parties or theircounsel.
Rules of Procedure in Election Contests
page 3 S
. 4.
 Inherent powers of the court.
—When performing itsfunctions, a court shall have the inherent power to:(a) Preserve and enforce order in its immediate presence;(b) Enforce order in proceedings before it, or before aperson or persons empowered to conduct a judicialinvestigation under its authority;(c) Compel obedience to its judgments, orders andprocesses, and to the lawful orders of a judge out of court, in a case pending therein;(d) Control, in furtherance of justice, the conduct of itsministerial officers, and of all other persons in anymanner connected with a case before it, in everymanner appertaining thereto;(e) Compel the attendance of persons to testify in a casepending therein;(f) Administer or cause to be administered oaths in a casepending therein, and in all other cases where it may benecessary in the exercise of its powers;(g) Amend and control its processes and orders so as tomake them conformable to law and justice; and(h) Authorize a copy of a lost or destroyed pleading orother paper to be filed and used instead of the originaland to restore and supply deficiencies in its recordsand proceedings.S
. 5.
 Means to carry jurisdiction into effect.
—All auxiliarywrits, processes, and other means necessary to carry into effect its powersor jurisdiction may be employed by the court and, if the procedure to befollowed in the exercise of such jurisdiction is not specifically providedby law or these Rules, the court may adopt any suitable process or modeof process which appears conformable to the spirit of said law or rules.

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