Municipal and Barangay (OEC Sec. 254)
•Notice served upon the protestee by means of a summons at the postal address stated in his COC except when the protesteehas made the court understand that he has been notiﬁed of theprotest or has ﬁled his answer •The protestee shall answer within ﬁve days after receipt of thesummons, or, in case there has been no summons from the dateof his appearance and in all cases before the commencement of the hearing of the protest or contest. The answer shall deal only with the election in the polling places which are covered by theallegations of the contest •Should the protestee desire to impugn the votes received by the protestant in other polling places, he shall ﬁle a counter-protest within the same period ﬁxed for the answer serving a copy thereof upon the protestant by registered mail or by personal delivery or through the sheri
•The protestant shall answer the counter-protest within ﬁvedays after notice•Within the period of ﬁve days counted from the ﬁling of theprotest any other candidate for the same o
ce may intervene inthe case as other contestants and ask for a
rmative relief in hisfavor by a petition in intervention, which shall be considered asanother contest, except that it shall be substantiated within thesame proceedings. The protestant or protestee shall answer theprotest in intervention within ﬁve days after notice•If no answer shall be ﬁled to the contest, counter-protest, or tothe protest in intervention, within the time limits respectively ﬁxed, a general denial shall be deemed to have been entered•In election contest proceedings, the permanent registry list of voters shall be conclusive in regard to the question as to whohad the right to vote in said election.
Regional, Provincial, City (COMELEC Resolution8804) Who may ﬁle:
by any candidate who was voted for in thesame o
ce and who received the second of third highest number of votes or, in a multi-slot position, was among the next four candidates following the last ranked winner duly proclaimed.
An election protest or petition for quo warranto shall be ﬁled directly with the Commission within a non-extendible period of ten days following the date of proclamation.Each contest shall refer exclusively to one o
ce but contents for o
ces of the Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang Panglungsod may beconsolidated in one case. The pendency of a pre-proclamation controversy involving the validity of the proclamation as deﬁned by law shall suspend therunning of the period to ﬁle an election protest. The Director of the Election Contest and AdjudicationDepartment (ECAD) shall immediately docket the Protest andra
e the case to either the First or Second Division of theCommission.
Summary dismissal of election contest Ground:
a) The Commission has no jurisdiction over the subject matter;b) The protest is insu
cient in form and content as required inSection 7 hereof;c) The petition is ﬁled beyond the period prescribed in theserules;d) The ﬁling fee is not paid within the period for the ﬁling theelection protest or petition for quo warranto; ande) In case of protest where a cash deposit is required, the cashdeposit is not paid within ﬁfteen (15) days from the ﬁling of theprotest.
Within three (3) days from the ﬁling of theprotests, the Clerk of the Commission or the Divisionconcerned shall issue the corresponding summons to theprotestee or respondent, together with a copy of the protest,requiring the ﬁling of an answer within a non-extendible periodof ﬁve days from notice. Whenever the allegations in the protest or counter-protest so warrant and when it ﬁnds the same necessary, the Commissionmay order the production and custody of ballot boxes, electiondocuments, data storage devices, and machines used in theelections.
:Within three days after the ﬁling of the last responsive pleading allowed by these rules, or expiration of the same period without any responsive pleading having been ﬁled, the Commission shall conduct a mandatory preliminary conference among the parties.Subpoena ad testiﬁcandum or subpoena duces tecum may beissued by the Division motu proprio, or upon request of theparties in any case.
Recount of Ballots
: The recount of ballots shall commenceon the date speciﬁed in the preliminary conference order, unlessrescheduled by Order of the Division.
Once commenced, the recount shallcontinue from day to day as far as practicable until terminated
During the recount of ballots, no personother than the Commission, the clerk of the Commission, theRecount Coordinators and the members of the recount committees, the parties and their duly authorizedrepresentatives, shall have access to the recount area.
Conduct of the Recount:
shall be done manually and visually and according to the procedures under the OEC.