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10-4-1-SC RESOLUTION Acting on the recommendation of the Chairman and Members of the Sub-committee on Internal Rules, the Court RESOLVED to APPROVE the “2010 Rules of Procedure in Election Contests before the Courts Involving Elective Municipal Officials.” These Rules shall take effect fifteen (15) days after their publication in a newspaper of general circulation in the Philippines. April 27, 2010. REYNATO S. PUNO Chief Justice RENATO C. CORONA Associate Justice PRESBITERO J. VELASCO, JR. Associate Justice TERESITA J. LEONARDO-DE CASTRO Associate Justice DIOSDADO M. PERALTA Associate Justice MARIANO C. DEL CASTILLO Associate Justice MARTIN S. VILLARAMA, JR. Associate Justice JOSE CATRAL MENDOZA Associate Justice ANTONIO T. CARPIO Associate Justice CONCHITA CARPIO MORALES Associate Justice ANTONIO EDUARDO B. NACHURA Associate Justice ARTURO D. BRION Associate Justice LUCAS P. BERSAMIN Associate Justice
ROBERTO A. ABAD Associate Justice JOSE PORTUGAL PEREZ Associate Justice 2010 RULES OF PROCEDURE FOR MUNICIPAL ELECTION CONTESTS RULE 1: SCOPE SECTION 1. Title and coverage.—These Rules shall be known and cited as The 2010 Rules of Procedure for Municipal Election Contests. These Rules shall apply to election contests under the Automated Election System using the Precinct Count Optical Scan, and shall govern the filing of pleadings, practice and procedure in these contests. SEC. 2. Application of the Rules of Court.—The Rules of Court shall apply to aspects of pleadings, practice and procedure in election contests not specifically provided for in these Rules. SEC. 3. Explanation of terms.—For purposes of and as used in these Rules: (a) Courts—refers to the Regional Trial Courts; (b) Election—means the choice or selection of candidates for public office by popular vote through the use of the ballot. Specifically, it covers the conduct of the polls, including the listing of voters, the holding of the electoral campaign, the casting and counting of ballots, the consolidation and transmission of results, and the canvassing of the returns; (c) Automated Election System or AES—refers to an election system using the technology designated by the Commission on Elections (COMELEC) for voting, counting, consolidating, canvassing, transmission of election results, and other electoral processes; (d) Precinct Count Optical Scan or PCOS—refers to the machine as well as the technology using an optical ballot scanner, located in every precinct, that scans or reads paper ballots that voters mark by hand and insert into the scanner to be counted; (e) Official ballot—refers to the paper ballot, capable of being optically scanned, with the pre-printed names of all candidates and with ovals corresponding to each of the printed names. The ovals are the spaces where voters express their choice through marking or shading using a COMELEC-provided marking pen. (f) Picture Image of the Ballot—refers to the image of the ballot captured by the PCOS machine at the time the voter feeds his/her ballot, which image is later stored in a memory or removable data storage device attached to the PCOS machines. (g) Election Return—refers to the document showing the date of the election, the province, city, municipality and the precinct where voting is held, and the number of votes in figures for each candidate in a precinct or in clustered precincts. (h) Electronic Election Return—refers to the copy of the election return in electronic form, generated by the PCOS machine, that is electronically transmitted to: (1) the Municipal Board of Canvassers for the official canvass; (2) the COMELEC Back-Up Server; (3) the server for the dominant majority party; (4) the server for dominant minority party; server for the citizens’ arm authorized by the COMELEC to conduct a parallel count; and (6) the Kapisanan ng mga Brodkaster sa Pilipinas or KBP.
retrieved or produced electronically. (n) Municipal Certificate of Canvass—refers to the document in electronic and in printed form. (r) Electronic document—refers to the record of information or the representation of information. an electronic document refers to either the picture image of the ballots or the electronic copies of the election returns. and authenticated by the manual signatures and thumbmarks of the Board of Election Inspectors (BEI) members. This document records the votes obtained by candidates in each precinct. recorded. district. and provincial results to get the total votes of all candidates at every canvass level. (q) Audit Log—refers to the electronic document. grounded on fraud or irregularities committed in the conduct of the elections. (j) Electronic transmission—refers to the act of conveying data in electronic form from one location to another. which is received. (t) Election contests—refers to election protests or petitions for quo warranto. Municipality. data. the statements of votes. that accurately reflects the electronic document. municipality. the electronic form of which is the official canvass result in the municipality electronically-transmitted to a higher canvass level. transmitted. A data storage device includes the back-up storage device under COMELEC custody that likewise stores authentic electronic copies of data. (p) Data Storage Device—refers to the device that stores electronic documents from where data may be obtained when necessary to verify the accuracy and correctness of election data. (o) Certificate of Canvass and Proclamation—refers to the official document in printed form. City. city. the audit log. municipal and city. (k) Canvass proceedings—refer to the proceedings that involve the consolidation of precinct election results at the municipal level. It includes digitally-signed documents and any printout or output. (m) Statement of Votes by Precinct. the certificates of canvass. stored. and the courts shall be guided accordingly. For purposes of these Rules. District. containing the names of all candidates who obtained the highest number of votes in a particular municipality and certifying to these candidates’ proclamation as winners. described or however represented. (u) Election protest—refers to an election contest involving the election and returns of municipal elective officials. stored in the PCOS machine’s data storage device. Province. processed.. or Overseas Absentee Voting (OAV) Station— refers to a document in electronic and in printed form generated by consolidation machines or by computers during the canvass proceedings. The data storage device used in a PCOS shall be under the custody and direct responsibility of the election officer after completion of the voting process. i. in the casting . and other electronic data processed by the PCOS and consolidation machines. containing the list of all activities the PCOS machine performs from the time that it is powered on until it is turned off. votes shall be counted manually under the guidelines provided by the COMELEC. symbols or other modes of written expression. (l) Consolidation machine—refers to the machine used during the canvass proceedings to consolidate precinct. or OAV Station. containing the total votes in figures obtained by each candidate in the municipality. province. (s) Manual count of ballots—where voting using the AES ballots proceeded manually because the PCOS machines could not be used. readable by sight or other means.(i) Printed Election Return—refers to the copy of the election return printed by the PCOS machine on paper. by which a fact may be proved and affirmed. as the case may be. The term also includes the formal proclamation of the election winners at the municipal level. figures.e.
these Rules. nor shall a petition for quo warranto include an election protest. but conformable with. in the consolidation of votes and in the canvassing of returns.—A petition contesting the election or returns for an elective municipal office shall be filed with the proper Regional Trial Court by any candidate who was voted for the same office and who received the second or third-highest number of votes or. in a multi-slot position. Inherent powers of the court. the adverse party shall be known as the protestee. and inexpensive determination and disposition of municipal election contests. SEC. 3. .and the counting of the ballots. resort to other modes of service must be accompanied by a written explanation why the service or filing was not done personally. law. How initiated. on the ground of ineligibility or disloyalty to the Republic of the Philippines. Construction. SEC. The issue is whether the respondent possesses all the qualifications and none of the disqualifications prescribed by law. contests for offices of the Sangguniang Bayan may be consolidated in one case. including the initiatory petition and other subsequent papers. the segregation of ballots for the protestant. An election protest or a petition for quo warranto shall be filed directly with the court in three legible copies plus such number of copies corresponding to the number of protestees or respondents. processes.—The Rules shall be liberally construed to achieve a just. 4. SEC. The issue is who obtained the plurality of valid votes cast. (v) Quo Warranto under the Omnibus Election Code—refers to an election contest involving the qualifications for office of an elective municipal official. and the recording of the objections and claims to these ballots. Each contest shall refer exclusively to one office.—A regional trial court acting on an election contest shall have all the inherent powers of a court provided under Rule 135 of the Rules of Court. including the power to issue auxiliary writs. SEC. A pleading or motion violating this Rule shall be considered not to have been filed. not otherwise classified as a pre-proclamation controversy cognizable by the COMELEC. was among the next four candidates following the last-ranked winner duly proclaimed. however. (x) Promulgation—refers to the process of officially issuing the court’s decision or order in an election contest. the protestee and other candidates for the same position. 5. An election protest shall not include a petition for quo warranto. or the Rules of Court. RULE 2: ELECTION CONTESTS SECTION 1. shall be done personally. SEC.—An election contest is initiated by the filing of an election protest or a petition for quo warranto against an elective municipal official. Except for papers emanating from the court. as reflected in the official results of the election contained in the Statement of Votes by Precinct. Jurisdiction of regional trial courts. (w) Revision of ballots—refers to the recount of ballots through their physical count. expeditious.—Regional trial courts shall have exclusive original jurisdiction over all election contests involving municipal officials. Election protest. 4. 2.—Service and filing of pleadings. Modes of service and filing. The party filing the protest shall be designated as the protestant. and other means necessary to carry its authority or jurisdiction into effect and to adopt suitable processes not expressly provided by.
6. which must be annexed to the election protest or petition for quo warranto. 9. SEC. shall suspend the running of the period for the filing of an election protest or petition for quo warranto. SEC. 10. except when the Supreme Court has affirmed the COMELEC decision. (ii) the date of proclamation. The protestant or petitioner shall sign personally the certificate of non-forum shopping. Quo warranto. the facts giving the petitioner standing to file the petition. SEC.— (a) An election protest or petition for quo warranto shall commonly and specifically state the following facts: (i) the position involved.— The election protest or petition for quo warranto shall be filed within a non-extendible period of ten (10) days counted from the date of proclamation. either en banc or in division.—A petition for quo warranto against an elective municipal official shall be filed with the proper Regional Trial Court by any registered voter who voted in the municipal election. non-extendible. and (iii) the number of votes credited to the parties per the proclamation. 5. (c) An election protest shall also state: (i) that the protestant was a candidate who had duly filed a certificate of candidacy and had been voted for the same office. involving the validity of the proclamation as defined by law. 7. A verification based on “information and belief” or upon “knowledge.—The decision of the COMELEC.SEC. Pendency of pre-proclamation controversy. (iii) the petitioner’s cited ground for ineligibility or the specific acts of disloyalty to the Republic of the Philippines. COMELEC judgment in disqualification case. in a disqualification case shall not be a bar to the filing of a petition for quo warranto based on the same ground. An unverified or insufficiently verified petition or one that lacks a certificate of non-forum shopping shall be dismissed outright and shall not suspend the running of the required period for the filing of an election protest or petition for quo warranto. . SEC. SEC. information and belief” is not sufficient. (b) A quo warranto petition shall also state: (i) if the petitioner is not a candidate for the same municipal position. (ii) the qualifications for the municipal office and the disqualifications prescribed by law. the adverse party shall be known as the respondent. Contents of the protest or petition. Petition must be verified and accompanied by a certificate of non-forum shopping. The party filing the petition shall be designated as the petitioner. Period to file protest or petition. 8.—An election protest or a petition for quo warranto shall be verified by an affidavit stating that the affiant has read the petition and that its allegations are true and correct of the affiant’s own knowledge or based on authentic records.—The pendency of a pre-proclamation controversy.
Summons. Service of summons. by tendering them to him or her.—The Supreme Court shall designate the Regional Trial Courts within a judicial region that shall take cognizance of election protests and petitions for quo warranto.—The summons shall be served by handing copies of the summons and of the protest or the petition to the protestee or the respondent in person or. in case of the protestee’s or the respondent’s refusal to receive and sign these copies. an explanation why the votes are not specified. (d) The filing fee is not paid within the period for filing the election protest or petition for quo warranto. 2. 12. motu proprio. the clerk of court shall issue the corresponding summons to the protestee or to the respondent. RULE 3: SUMMONS SECTION 1. A raffle conducted by the executive judge shall determine the assignment of cases to these courts. No court shall assume jurisdiction over an election contest unless the case has been properly assigned to it as provided herein. 11. together with a copy of the protest or petition.(ii) the total number of precincts in the municipality. anomalies or irregularities in the protested precincts. service may be effected by leaving copies of the summons and the protest or the petition at: . the clerk of court must serve personal notice to the parties. and (e) In a protest case where cash deposit is required. If. counter-protest or petition for quo warranto on any of the following grounds: (a) The court has no jurisdiction over the subject matter. SEC. if the votes of the parties are not specified.—The court shall summarily dismiss. the protestee or the respondent cannot be served in person as provided above. for justifiable causes. (iii) the protested precincts and votes of the parties in the protested precincts per the Statement of Votes by Precinct or. an election protest. At least twenty-four (24) hours before the raffle. SEC. and the raffle shall be open to the public. and (iv) a detailed specification of the acts or omissions complained of showing the electoral frauds. (c) The petition is filed beyond the period prescribed in these Rules. Summary dismissal of election contests. requiring the filing of an answer within a non-extendible period of five days from notice. The Supreme Court shall issue the necessary circular implementing this proviso. SEC. the deposit is not paid within five (5) days from the filing of the protest. except in single-sala courts or courts specifically designated by the Supreme Court. Proof of service to the parties shall be submitted to the court.—Within twenty-four (24) hours from the filing of a protest or petition. The Court may order a change of venue or place of trial for compelling reasons to avoid a miscarriage of justice. (b) The petition is insufficient in form and content as required under Section 10. stating the date and time of the raffle. Raffle of cases.
with proof of service of a copy on the protestant or the petitioner. the protestee or the respondent shall file an answer in three (3) legible copies. (b) Compulsory counterclaim or cross-claim not set up barred. other than the amount of unliquidated damages and issues on the appreciation of ballots. Answer to counterclaim or counter-protest. whenever practicable. a deputy sheriff. and shall deny the rest. The protestee or respondent shall specify the averments that are true and material. an explanation should be made for the omission. (b) Allegations not specifically denied deemed admitted. or (2) there is another action pending between the same parties for the same cause. The protestee may incorporate a counter-protest in the answer. and upon proof of such failure – shall proceed to render judgment granting the relief prayed for on the basis of the allegations of the verified protest or petition. 2. 3. counter-protest. Effect of failure to plead. he or she shall set forth the substance of the matters relied upon to support the denial. SEC. Verified answer.—The summons shall be served by a sheriff. (c) Effect of failure to answer. anomalies or irregularities in the counter-protested precincts. special and affirmative defenses. shall be deemed admitted when not specifically denied. or (b) the protestee’s or the respondent’s office or regular place of business. unless the court in its discretion opts to require the protestant or the petitioner to submit evidence ex parte. 3. 4. a detailed specification of the acts or omissions complained of as electoral fraud. in the proper case. RULE 4: ANSWER AND COUNTER-PROTEST SECTION 1. or (3) the action is barred by a prior judgment or by the statute of limitations.— (a) Specific denial.— Material averments in the protest or petition. and a compulsory counterclaim.—The protestant or petitioner shall answer the counterclaim or counter-protest within a non-extendible period of five (5) days from notice. Allegations in the answer.—Within five (5) days from receipt of the summons and the copy of the protest or petition. SEC. The answer shall be verified and may set forth admissions and denials. SEC. SEC. The court shall dismiss the claim when it appears from the pleadings or the evidence on record that (1) the court has no jurisdiction over the subject matter.(a) the protestee’s or the respondent’s residence. The counter-protest shall specify the counter-protested precincts and the parties’ votes per the Statement of Votes by Precinct and. with a person of suitable age and discretion residing therein. a process server or any other suitable person authorized by the court issuing the summons.—A protestee or respondent must specify each material allegation of fact whose truth he or she does not admit. . By whom served. if the votes are not so specified. the court – upon motion of the protestant or the petitioner.—Defenses and objections not pleaded are deemed waived.— (a) Defenses and objections not pleaded. with a competent person in charge thereof.—If the protestee or the respondent fails to answer within the time allowed in an election protest that does not involve ballot revision or in a petition for quo warranto.—A compulsory counterclaim or a crossclaim not set up shall be barred. with notice to the protestee or the respondent.
RULE 6: PROHIBITED PLEADINGS SECTION 1. (b) Motion for a bill of particulars. has the right to be present and to observe the proceedings. limitations. affidavits or other papers. at its initiative or on motion. except upon submitted proof of service on the adverse party. (e) Petition for relief from judgment. Amendments. Rule 13 of these Rules. No hearings on motions. time shall not run until the next working day. (c) Demurrer to evidence. or for reopening of trial. (f) Motion for extension of time to file pleadings. SEC. Motions must be in writing. A motion shall be deemed submitted for resolution unless the adverse party files his or her written objections within five (5) days from service. substantial amendments that broaden the scope of the action or introduce an additional cause or causes of action may be allowed only upon leave of court. without the right to object and to lay claim to ballots and election returns.—In computing any period of time prescribed or allowed by these Rules. only the protestant’s revisors may participate.—No motion shall be set for hearing.—The court shall not act on any written motion. by order of the court or by any applicable statute. except as provided under Section 7.—After the expiration of the period for the filing of an election protest. motions or petitions shall not be allowed in the cases covered by these Rules: (a) Motion to dismiss the petition. 5. except for those made in open court. counter-protest or petition for quo warranto. The court shall resolve a motion within five (5) days from the time it is deemed submitted for resolution. During these proceedings. the day of the act or the event marking the start when time begins to run is to be excluded and the date of performance included. Proof of service necessary. 2. examination. falls on a Saturday. Any amendment in matters of form – such as a defect in the designation of the parties and other clearly clerical or typographical errors – may be summarily corrected by the court at any stage of the proceedings. SEC. RULE 5: MOTIONS SECTION 1. the court shall issue the appropriate order and shall proceed to render judgment based on the results of the revision. and no oral argument shall be allowed in support of any motion. or his or her duly authorized representative. provided the correction does not prejudice the adverse party. or for the reconsideration of a judgment. or a legal holiday in the place where the court sits. except on the ground of lack of jurisdiction over the subject matter. Prohibited pleadings and motions. (g) Memoranda.—All motions shall be in writing. Leave of court may be refused if the motion for leave appears to the court to be intended for delay. 6. a Sunday. SEC. How to compute time. The protestee. .—The following pleadings. If the last day of the period. SEC.Where the election protest involves revision or examination of ballots or the verification or re-tabulation of the election returns. 3. (d) Motion for new trial. verification or re-tabulation. as so computed. except upon the court’s express direction.
000. The cash deposit shall be applied by the court to the payment of the compensation of revisors as provided under Section 3. Rule 10 of these Rules. shall make a cash deposit with the court in the following amounts: (i) One Thousand Pesos (P1.00) shall be made within ten (10) days from the filing of the protest or counter-protest. counter-protest or petition for quo warranto shall be accepted for filing without the payment of a filing fee in the amount of Three Thousand Pesos (P3. When circumstances so demand (such as when the deposit has been or is about to be depleted). the cost of the production in court and the storage and maintenance of automated election equipment and paraphernalia. Grounds to dismiss must be set up in the answer. Any unused cash deposit shall be returned to the depositing party after the complete termination of the protest or counter-protest.000. Cash deposit.00). Defenses not raised are deemed waived.— (a) In addition to the fees prescribed in the preceding section. the required sum shall be paid in full within ten (10) days from the filing of the protest or counter-protest.000. The balance shall be paid in installments under the schedule the court may require after hearing the protestant or counter-protestant on the matter. RULE 7: FILING FEES AND CASH DEPOSITS SECTION 1.— All grounds to dismiss an election protest or petition for quo warranto must be set up or pleaded as affirmative or special defenses. or the verification or re-tabulation of election returns. the court may require the payment of additional cash deposits. (ii) Twenty-five Thousand Pesos (P25. and of all the expenses incidental to revision. including but not limited to the cost of supplies and miscellaneous expenses of the revision committee. SEC.00) for each precinct covered by the protest or counter-protest. Filing fees.000.00) for every protest. If claims for damages and attorney’s fees are set forth in a protest or counter-protest. The court may.(h) Motion to declare the protestee or the respondent in default. (j) Motion for the inhibition of the presiding judge.00) for the cost of bringing to court and of storing and maintaining the PCOS. hold a preliminary hearing on the grounds so pleaded. SEC. 2. counter-protest or petition for quo warranto filed. a cash deposit in the amount of One Hundred Thousand Pesos (P100. as amended. (k) Reply or rejoinder. or which may require bringing copies of other election documents and paraphernalia to court.000.—No protest. and (iv) If the required deposit shall exceed One Hundred Thousand Pesos (P100.00). the consolidation machines and other automated election paraphernalia brought to court as evidence or as necessary equipment in considering the protested or counter-protested ballots. . additional filing fees shall be paid in accordance with the schedule under Rule 141 of the Rules of Court. and (l) Third-party complaint. except on clearly valid grounds.000. (i) Dilatory motion for postponement.000. 2. the protestant in an election protest requiring revision or examination of ballots.00) to be paid upon the filing of the election protest or counter-protest. (iii) If the amount to be deposited does not exceed One Hundred Thousand Pesos (P100. provided that the deposit shall in no case be less than Twenty-five Thousand Pesos (P25. at its discretion.
may seek the assistance of the Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and the election equipment. (b) Failure to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest or counter-protest. the PCOS and consolidation machines (if necessary). RULE 8: PRODUCTION AND CUSTODY OF BALLOT BOXES. and other documents or paraphernalia involved in the protest or counter-protest. the House of Representatives Electoral Tribunal or the Commission on Elections) with preferential rights of custody and revision in simultaneous protests under COMELEC Resolution No. the electronic data storage devices. Once required. devices and election documents. election returns. SEC. to be brought before it. Rule 10 of these Rules. DATA STORAGE DEVICES AND PCOS MACHINES USED IN THE ELECTIONS (A) SECTION 1. electronic data storage devices and other election documents and paraphernalia. Issuance of precautionary protection order. PCOS machines. .— Where the allegations in a protest so warrant. 2. at its discretion. When ballot boxes and election documents are brought before the court. the lists of voters and voting records. The expenses necessary and incidental to the production in court of the ballot boxes and election documents and the production. The parties may send representatives to witness the retrieval and transfer. the books of voters. 2812 dated 17 October 1995. ELECTION DOCUMENTS. devices and documents to its custody. the PCOS and consolidation machines.—Within forty-eight (48) hours from receipt of an answer with counter-protest. election documents or paraphernalia mentioned above are also involved in election contests before other fora (such as the Presidential Electoral Tribunal. the court shall order the ballot boxes with their keys. the books of voters and other documents or paraphernalia used in the election. the Senate Electoral Tribunal. The expenses necessary and incidental to the return of the materials and documents produced in court to their original custodians or to the proper tribunal after the termination of the case shall likewise be shared proportionately by the protestant and the protestee based on the number of precincts they respectively contest. the protestee (counter-protestant) shall pay the cash deposit within a non-extendible period of three days from receipt of the court’s order. The court. The court shall notify the parties of the date and time of retrieval and transfer from their respective custodians of the ballot boxes. as well as the automated election equipment and records such as the data storage devices containing electronic data evidencing the conduct and results of elections in the contested precincts. data storage devices. Section 10. PCOS machines. the court shall coordinate with and make the appropriate request with the higher tribunals for the temporary prior custody of ballot boxes. or for the synchronization of revision activities.The same amount of cash deposit shall be required from the protestee (counter-protestant). Where any of the ballot boxes. the electronic data storage devices and all other automated election documents and paraphernalia. the lists of voters and voting records. The absence. storage and maintenance of PCOS machines. of a representative of a party shall not be reason to postpone or delay the retrieval or transfer of the above-mentioned equipment. the court shall order – simultaneously with the issuance of summons – the municipal treasurer and election officer concerned to take immediate and appropriate measures to safeguard the integrity of all the ballot boxes and the ballots. and automated election paraphernalia and documents shall be shouldered and promptly paid by the protestant and counter-protestant in proportion to the precincts covered by their protests or counter-protests. however. should continuation of revision be ordered pursuant to paragraph 2. when the allegations in a protest or counter-protest so warrant. ballots. data storage devices.
for quo warranto proceedings. Notice through counsel. The briefs shall contain the following: (a) A summary of admitted facts and proposed stipulations. (b) The issues to be tried or resolved (i. Counsels appearing without their clients should be specifically authorized to appear for and to bind their clients on the matters covered by the preliminary conference. (i) The procedure in handling the PCOS and other electronic machines and data. Appearances of parties. wholly or partially. Notice to counsel is notice to the party. 4.. (g) The number of revision committees to be constituted. RULE 9: PRELIMINARY CONFERENCE SECTION 1. (h) The procedure to be followed in case the election protest or counter-protest seeks.—The parties have the duty to appear in person before the court at the preliminary conference. electronic data from the COMELEC back-up server under conditions and safeguards required by COMELEC.SEC. Preliminary conference brief. . Access to electronic data in the COMELEC back-up server. the alleged frauds or irregularities committed in the conduct of the election. (d) The limitation of the number of witnesses. or the verification or re-tabulation of election returns. and (j) Other matters that may contribute to the prompt disposition of the case. 2. for election protests.—The parties shall file with the court their respective preliminary conference briefs and serve these on the adverse party in a manner that shall ensure the other party’s receipt of the brief at least one day before the date of the preliminary conference. SEC. as counsel is charged with the duty to notify the party represented.e. have been destroyed due to natural disasters or calamities. the court may order the COMELEC to provide the moving party access to. or to recover and use. 3. (b) The necessity or desirability of amendments to the pleadings.—The notice of preliminary conference shall be served on counsel or on the party himself or herself who is not represented by counsel. the ground for ineligibility or acts of disloyalty). especially those where the ballot boxes or ballots are unavailable or are missing.—Within three (3) days after the filing of the last responsive pleading allowed by these Rules. or where the PCOS and other electronic data are missing. the court shall conduct a mandatory preliminary conference among the parties to consider: (a) The simplification of issues.—Upon motion duly made based on demonstrated need. (e) The nature of the testimonies of the witnesses and whether they relate to evidence that do not involve the ballots. 3. (c) The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof. cannot be located. Preliminary conference. SEC. (f) The withdrawal of certain protested or counter-protested precincts. the examination of ballots. mandatory. or on the expiration of this period without any responsive pleading having been filed. or otherwise. SEC.
They shall exercise extraordinary diligence and take the precautionary measures required by this level of diligence to prevent the loss. if this is the case. 6. 2. Each revision committee shall be composed of a chairperson and two members. The failure of the protestee/respondent or of the duly authorized counsel to appear at the preliminary conference may likewise have the effect provided under Section 4(c). in question and answer form. in every case under its strict supervision. The court shall specify in its order when the revision of ballots or the re-tabulation of election returns shall commence. and the misuse of the electronic election machines. or the verification or re-tabulation of election returns.—The failure to file the required brief or to provide the brief’s mandatory contents shall have the same effect as the failure to appear at the preliminary conference. conducting the proceedings with the same dignity and discipline the court itself brings to the proceedings. the starting date of which shall be within five (5) days from the termination of the preliminary conference. SEC. Effect of failure to appear. SEC. subject to oral cross-examination. Revision committee. Rule 4 of these Rules. i. disappearance or impairment of the integrity of the ballots and the election documents. (g) The proposed number of revision committees and the names of proposed revisors and alternate revisors. 5. SEC. (d) A manifestation indicating the use of or the intent to use discovery procedures or referral to commissioners. The revisors shall discharge their duties with the highest degree of integrity.. the court may allow the protestant/petitioner to present evidence ex parte and render judgment based on the evidence presented.—The court shall issue an order summarizing the matters taken up and the stipulations or agreements reached during the conference within three (3) days following the termination of the preliminary conference. their addresses. devices and paraphernalia. one of whom is designated by the protestant and the other by the protestee. Failure to file brief. .(c) The documents or exhibits to be presented. SEC. under the supervision of the court. (e) The number and names of witnesses. (f) A manifestation of withdrawal of certain protested or counter-protested precincts. RULE 10: REVISION OF BALLOTS SECTION 1. Start of revision. The revision committee shall conduct the revision in the court premises or at such other place the court may designate. whether electronic or printed.e. 7. and the substance of their respective testimonies. at its own initiative. which shall serve as their direct testimonies. and (h) The procedure to be followed in case the election protest or counter-protest seeks the revision or examination of ballots. or counter-protest or petition. The testimonies of witnesses shall be by affidavits.—The revision of ballots shall commence on the date specified in the preliminary conference order.—As many revision committees as may be necessary shall be constituted. The parties shall also designate their respective substitute revisors.—The failure of the protestant/petitioner or the duly authorized counsel to appear at the preliminary conference authorizes the court. to dismiss the protest. Preliminary conference order. The court shall designate the chairperson and a recorder from among its personnel.
—If the revisor of the protestee is absent or late for thirty minutes and no alternate appears as a substitute. The court may at any time designate another chairperson if the regular chairperson fails for any reason to report. The compensation for a recorder shall be Three Hundred Pesos (P300. the condition of the ballot box and its locks and locking mechanism.SEC. (d) The votes appearing in election returns copy for the ballot box shall then be recorded in the minutes. before anything else.— (a) Period for revision. the ballot boxes scheduled for revision for that day and the corresponding ballot box keys in the possession of the chairperson.—During the revision. and the ballots shall no longer be revised. 5. without regard to the votes obtained by the parties. This will be followed by the counting of the torn.—If the protestant’s revisor or the revisors of both parties or their alternates fail to appear without justifiable reason within one hour after the scheduled start of the revision. the data storage devices and PCOS machines used in the precincts concerned or any other device that can be used to authenticate or assure the genuineness of the ballots. the clerk of court. SEC. . and the chairperson shall state the facts of absence and waiver in the revision report. from Monday to Friday. the ballot boxes containing the ballots in protested and counter-protested precincts. Continuous revision. 6.m.00) per ballot box for the chairperson and Three Hundred Pesos (P300. the parties are deemed to have waived their right to the revision for that day. The revisors may take fifteen-minute breaks during the revision. (c) The ballot box shall then be opened and the ballots taken out. the chairperson and the members of the revision committees.—The court shall fix the compensation of the revisors at Eight Hundred Pesos (P800. as long as the chairperson and one party revisor are present. The party revisors shall each be entitled to an additional per diem of Five Hundred Pesos (P500. the revision committee must also determine whether the integrity of the ballot box has been preserved. unused stray and rejected ballots. (c) If the revisor of the protestee is absent or late. except on non-working holidays. if needed.00) per ballot box for each party revisor. SEC. the parties and their duly authorized representatives. (b) The revision committee shall initially note.m. 4. shall be returned to the court’s ballot box custodian. This compensation shall be chargeable against the cash deposit as provided for under Section 2. no person other than the judge.00) per day.00) per ballot box. to 4:30 p. The protestee shall be deemed to have waived the right to appear and to object to the revision of ballots made during his or her revisor’s absence or tardiness.m. Conduct of revision. Based on this observation. shall have access to the revision area. the revision shall nevertheless commence. Compensation of the revisors.—The revision shall not be delayed or postponed by reason of the absence or tardiness of a party’s revisor or substitute revisor. (d) If the revisor of the protestant or the revisors of both parties fail to appear. should be in the custody of the court: i. SEC. to 12:00 noon and from 1:30 p. The “valid” ballots shall first be counted.—The revision of the votes on the ballots shall be done manually and visually and through the use of appropriate PCOS machines. and ii. 3. and record this condition in the revision report. according to the procedure below: (a) On the scheduled day of revision.—Revision shall be conducted from 8:30 a. Prohibited access. (b) Revision to continue even if a party revisor is absent or late. the following. Rule 7 of these Rules. as classified at the polling place.
Preparation and submission of revision report. (iii) security envelopes containing the election returns. and (iv) numbered paper seal of the envelopes. not by human determination.—The committee shall prepare and submit to the court a revision report per precinct stating the following: (a) the precinct number. (c) the votes of the parties per physical count. (k) After all the ballots from one ballot box have been counted. the revision committee shall bear in mind that the will of the voters reflected as votes in the ballots shall as much as possible be given effect. 7. (i) The rules on the appreciation of ballots under Section 211 of the Omnibus Election Code shall apply suppletorily when appropriate. through its chairperson and members. (g) The revision committee shall thereafter proceed to look at the ballots and count the indicated votes for the contested position. (h) In looking at the shades or marks used to register votes. or by another device certified by the Commission to be capable of performing the desired authentication requirement through the use of the bar codes and ultra-violet ray code detection mechanism. (j) There shall be a tally sheet in at least 5 copies. The court shall provide a non-partisan technical person who shall conduct the necessary authentication process to ensure that the data or image stored is genuine and not a substitute. SEC. Thereafter. (ii) self-locking security metal or plastic seals (inner and outer) and padlocks of the ballot boxes. However. plus additional copies depending on the number of additional parties. it shall proceed to instruct the printing of the picture image of the ballots stored in the data storage device for the precinct. Furthermore. Any issue as to whether a certain mark or shade is within the threshold shall he determined by using the PCOS machine. (b) the date. . has determined that the integrity of the ballots has been preserved. the revision committee shall secure the contested ballots and complete the recount report for the precinct. (f) The recount shall only proceed after the revision committee. The authentication shall be through the use of the PCOS machine actually used during the elections in the subject precinct. the revision committee must authenticate each and every ballot to make sure that it was the same ballots cast and fed to the PCOS machine during the voting. (d) the condition and serial numbers of the following: (i) ballot boxes. setting technicalities aside. that shall be used to tally the votes as they are counted through the use of taras or sticks. Only after this determination can the printed picture image be used for the recount. marks or shades that are less than 50% of the oval shall not be considered as valid votes. the recount shall be done simultaneously. as when proof of tampering or substitution exists. place and time of revision. it shall proceed to recount the votes from the ballots of the next precinct.(e) Prior to the actual revision. the votes are presumed to have been made by the voter and shall be so considered unless reasons exist to justify their rejection. (l) In case of multiple revision committees. (m) In the event that the revision committee determines that the integrity of the ballots and the ballot box have not been preserved.
10.—Revision of ballots shall start with those from the protested precincts. through the appreciation of ballots and other submitted . particularly: (i) the number of registered voters. (h) the grounds of objections. Post-revision determination of the merit or legitimacy of the protest prior to revision of the counter-protest. the protestant shall be required to point to a number of precincts. (i) the number of stray ballots. and shall form part of the records of the case. The per. that will best attest to the votes recovered. used in the election. SEC. (g) the number of ballots objected to by the parties indicating therein the exhibit numbers.precinct revision report shall be signed and certified by the chairperson and by the parties’ revisors.—Immediately after the revision or examination of ballots. and (k) the entries in the Minutes of Voting and Counting. corresponding to twenty percent (20%) of the total of the revised protested precincts. the court shall inquire about the security markings on the ballots and the security measures used in the election documents from the Chairperson of COMELEC who shall be obliged to indicate these markings. The parties shall be notified of the results of this inquiry. or the verification or re-tabulation of election returns in the counter-protested precincts. In addition to the per-precinct revision report. the revision or examination of ballots. (iii) the number of official ballots. the availability of and other circumstances attendant to the PCOS machines and other automated election devices and paraphernalia used in the revision. together with their serial numbers. The revision forms shall be made available prior to revision.— When a revision of ballots is ordered. Each party furnished with a copy of the committee report may submit its comments thereon within a non-extendible period of three (3) days from notice. ballot objections and claims. a committee report summarizing the data. (f) the votes of the parties per the ballot box copy of the election returns and per the tally sheet/board found inside the ballot box. votes. and for the guidance of the revisors. (ii) the number of voters who actually voted. and other vital information that may aid the court in determining the authenticity of the ballots and election documents. and (v) the unused ballots together with their serial numbers. SEC. within three days from termination of the revision. 8. or the verification or retabulation of election returns in all protested precincts. 9. measures. Order of revision. (iv) the number of ballots actually used indicating the serial numbers of the ballots.(e) if required. subject to the provisions of Section 10 hereof. if so conducted based on the provisions of Section 10 below. (j) the claims on ballots with their exhibit numbers. In the meanwhile. SEC. shall be suspended for a period not exceeding fifteen days to allow the court to preliminarily determine. the revision committee shall also prepare and submit to the court. or that will best exemplify the fraud or irregularities pleaded in the protest. Inquiry as to security markings and vital information relative to ballots and election documents. and significant observations made in the revision of ballots from the protested precincts and later from the counter-protested precincts.
a party may move for the technical examination of the presented evidence within five (5) days after completion of revision in the protest or counter-protest. who shall provide. the PNP Crime Laboratory. and (d) The ballots covered by these objections. (b) The documents or machines/equipment to be subjected to technical examination. 3. revision with respect to the remaining precincts shall proceed at the same time that the ballots or election documents from the counter-protested precincts are being revised. A party may attend the technical examination. the technical examination shall proceed with or without the attendance of a party.g. the court shall proceed with the appreciation and revision of ballots from the counterprotested precincts. provided that due notice has been given. the Department of Science and Technology. In the latter case. SEC. Based on the results of this post-revision preliminary determination. fingerprint examination. (c) The objections made in the course of the revision of ballots which the movant intends to substantiate with the results of the technical examination. 11. Photocopying simultaneous with revision. the Commission on Elections. either personally or through a representative. .—Experts necessary for the conduct of technical examination shall be provided by the party requesting the same and may come from the National Bureau of Investigation. If the motion is granted. The expenses for technical examination shall be for the account of the party requesting the examination.. or experts from the private sector. the protestee shall be required to pay the cash deposit within a non-extendible period of three (3) days from notice. After completion of the revision of the protested precincts. and shall be completed within the period specified by the court. unless the court grants an extension based on exceptionally meritorious ground. etc. The other party may secure the services of his or her own expert who may only observe. 2. SEC. The technical examination shall be under the supervision of the clerk of court. Experts.— Except when the protest or counter-protest involves allegation of massive substitute voting. However. upon such terms and conditions as the court may impose. the court may allow the photocopying of ballots and election documents. the court may dismiss the protest without further proceedings if the validity of the grounds for the protest is not established by the evidence from the chosen twenty percent (20%) of the protested precincts. SEC.—On the motion of a party.).—The court may grant the motion for technical examination at its discretion and under the conditions it may impose. the technical examination shall start within five (5) days from notice to both parties. contents. Technical examination. Continuation of appreciation of ballots. the merit or legitimacy of the protest based on the chosen twenty percent (20%) of the protested precincts. or the verification or re-tabulation of election returns in the counter-protested precincts.election documents. time limits. not interfere with. RULE 12: PHOTOCOPYING OF BALLOTS SECTION 1. RULE 11: TECHNICAL EXAMINATION SECTION 1. Motion for technical examination. in no case to exceed twenty successive working days.—If the court decides not to dismiss the protest after the preliminary examination of the evidence from the chosen twenty percent (20%) of the protested precincts. specifying: (a) The nature of the technical examination requested (e. the examination conducted by the movant’s experts. or proceed with revision or examination of the ballots.
the reception of evidence on the issues. shall automatically form part of court records and may be adopted by the other parties as their evidence. Failure to submit the affidavit of a witness within the specified time shall constitute a waiver of the party’s right to present testimonial evidence. SEC.—On the motion of a party. shall be done simultaneously with the revision of ballots that may be required. Where conducted.. and shall be under the supervision of the clerk of court. must start at the commencement of revision and. parties to provide own photocopying units. or (b) the technical examination. In offering testimonial evidence. and shall be submitted to the court and served on the adverse party at least three (3) days before the hearing. . (b) The protestee or respondent shall then adduce evidence in support of the defense. fraud. The affidavit shall be in question and answer form. Presentation and reception of evidence. Copying or reproduction of electronic data. the party shall require the proposed witness to execute an affidavit which shall be considered as the witness’ direct testimony. order of hearing. that a witness has to be fully cross-examined in one day – shall strictly be followed. permits them to offer evidence on their original case.—If at the preliminary conference the parties have agreed on issues that do not involve the examination and appreciation of ballots or other election documents (e. near the revision area. terrorism or violence). unless the court for good reasons and in the furtherance of justice. The reception of evidence on all other matters or issues incidental to or involving the ballots and related election documents shall be made upon completion of (a) the revision of ballots or election documents.The photocopying. including the testimonies of witnesses.g. Reception of evidence shall be made in accordance with the following order of hearing: (a) The protestant or petitioner shall present evidence in support of the protest or petition. counterclaim or counter-protest. as far as practicable. the court may allow the reproduction of electronic data that are submitted as evidence. as well as the ballots objected to or claimed by the parties and the submitted electronic evidence. 2. subject to the right of the adverse party to object to its inadmissible portions and to orally cross-examine the witness. The affidavit shall be based on personal knowledge. 3. subject to the court’s discretion to extend the cross-examination for justifiable reasons. The revision reports. must be completed simultaneously with the termination of revision. shall set forth facts as would be admissible in evidence.. if allowed. if allowed by the court under the provisions of Rule 11 of these Rules. and (d) No sur-rebuttal evidence shall be allowed.e. if any. The one-day-cross-examination-of-witness rule – i. and shall show affirmatively that the affiant is competent to testify on the stated matters. or that are within the custody and control of the COMELEC under the conditions and safeguards the COMELEC shall require. The requesting party shall provide an efficient photocopying unit and shall bear all attendant expenses.—Photocopying shall be done within the premises of the court. (c) The parties may then respectively offer rebuttal evidence only. The costs and expenses shall be for the account of the party seeking the reproduction. SEC. RULE 13: PRESENTATION OF EVIDENCE SECTION 1. vote-buying.
Offer of evidence shall be done orally on the last day of hearing allowed for each party after the presentation of the party’s last witness. Offer of evidence. and the data generated reflect the activities entered in these electronic machines and devices. until fully completed or terminated at the court’s order. SEC. Disputable presumptions. which shall be submitted within three days from notice of the court’s order. The filing of dilatory pleadings or motions shall constitute direct contempt of court and shall be punished accordingly.SEC. SEC. (iii) Political parties and candidates were duly represented by pollwatchers. Adjournments and postponements. (iv) The PCOS and consolidation machines and the data storage devices are all in order. SEC. unless otherwise authorized by the Supreme Court. 3. 4. Burden of proof. The court shall rule on the offer of evidence in open court. (iv) Pollwatchers were able to perform their functions. (v) The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors. However. (ii) The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct.—No motion for postponement shall be allowed.—The following presumptions are considered as established facts. If the court rejects any evidence offered. from the first day reception of evidence starts. packing and distribution of election documents or paraphernalia were properly and timely done.—Burden of proof is the duty of a party to present evidence of the facts in issue to establish his or her claim or defense. unless contradicted and overcome by other evidence: (a) On the election procedure: (i) The election of candidates was held on the date and at the time set and in the polling place determined by the Commission on Elections. Reception of evidence continuous.—The court shall not consider any evidence that has not been formally offered. as far as practicable. In no case shall the entire period for reception of evidence exceed ten successive days for each party. the court may. SEC. allow the party to make an offer of evidence in writing. In no case shall the resetting of hearings have an interval exceeding three calendar days.—Reception of evidence. 2. 5. (b) On election paraphernalia: (i) Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections are genuine. except for clearly meritorious reasons. and (iii) The allocation. at its discretion. the party may make a tender of the excluded evidence. The opposing party shall be required to immediately interpose objections to the offer. nor shall the postponements of hearing granted to each party exceed three (3). shall continue from day to day. (c) On appreciation of ballots: . once commenced. 6. and (vi) The Audit Log contains the list of all activities performed by the PCOS machines from the time it was powered on until it was turned off. (ii) The Boards of Election Inspectors were duly constituted and organized.
SEC. when a several judgment is proper. 4. 7. and (v) The exercise of one’s right to vote was voluntary and free. (c) On stray ballots—The court must specify and state in detail why the ballots are considered stray. the winner shall be the candidate who obtained the plurality of the valid votes cast. render judgment against one or more of them. whichever is earlier. leaving the protest or petition to proceed against the others. device or paraphernalia that resulted in fake or spurious results. In an election protest.—The court shall decide the election contest within thirty (30) days from the date the case is submitted for decision. Promulgation of decision. in no case beyond six (6) months after its filing. who shall .—In a protest or petition against several protestees or respondents.(i) A ballot with appropriate security markings is valid. An election protest is deemed submitted for decision after completion of the reception of evidence or. or the operation or aspects of the machine. device or paraphernalia—The court must specify the COMELEC security markings or features that are not found in the ballot. (d) On claimed ballots—The court must specify the exact basis for admitting claimed votes or crediting these to either party. SEC. SEC. or. (ii) The ballot reflects the intent of the voter. The court. (b) On fake or spurious ballots. election document. shall observe the following rules: (a) On marked ballots—The court must specify and point to the marking clearly indicating the voter’s intent to identify the ballot. Rendition of decision. 3. or by the delivery of a copy of the signed decision to the clerk of court.—The court may allow the parties to submit their respective memoranda within a non-extendible period of ten (10) days from the verbal ruling of the court on the last offer of exhibits. Form of decision in election protests. RULE 14: DECISION SECTION 1. if the offer was made in writing. the court shall examine and appreciate the original ballots. reply or rebuttal memorandum shall be allowed. Failure to comply with this timeline shall be considered a serious offense and shall be a ground for disciplinary action against the judge. within ten (10) days from receipt of the written ruling of the court. In addition.—After the termination of the revision of ballots and before rendering its decision in an election protest that involved a revision. except in the case of assistors. the court may. the judge shall be relieved of all duties and functions except to decide the election case. machine. if the parties were allowed to submit memoranda.—The decision signed by the presiding judge shall be promulgated by reading its dispositive portion in open court on a date set with notice to the parties and filing the decision with the clerk of court. No supplemental. (iii) The ballot was properly accomplished. election document. unless the Supreme Court authorizes an extension in writing. Several judgments. upon submission of their memoranda or the expiration of the period for their filing. SEC. machine. 2. in its appreciation of the ballots and in ruling on the parties’ claims and objections. (iv) A voter personally prepared one ballot. six (6) months after the submission of the case for decision. Submission of memoranda. device or paraphernalia considered fake or spurious.
5. SEC. the court. RULE 15: COSTS.—The COMELEC has the authority to issue the extraordinary writs of certiorari. including the original and three copies of the transcript of stenographic notes of the proceedings.—The clerk of court shall. Immediate transmittal of records of the case. The record shall contain the dispositive part of the judgment and shall be signed by the clerk.00). SEC. 12. 6. SEC. in the decision sought to be executed. Entry of judgment. Jurisdiction of the Commission on Elections in certiorari cases. During the twenty(20)-day period. together with all the evidence. subject to the following rules: (a) Execution pending appeal shall not issue except upon motion and hearing with prior notice of the motion of at least three (3) days to the adverse party. 10. the Department of the Interior and Local Government.forthwith indicate the date of rendition and cause true copies thereof to be served.—The courts shall give preference to election contests over all other cases. within fifteen (15) days from the filing of the notice of appeal. that the defeat of the protestee or the victory of the protestant has been clearly established. Execution pending appeal. SEC. The corresponding writ of execution shall issue after twenty (20) days if no restraining order or status quo order is issued. The motion for execution pending appeal must be supported by good reasons cited and stated by the court in a special order. on the counsels or on the parties if they are not represented by counsel. should the losing party secure a reversal of the judgment on appeal. 9. SEC. DAMAGES AND ATTORNEY’S FEES . 11. except petitions for habeas corpus and for the writs of amparo and habeas data. prohibition and mandamus only in aid of its appellate jurisdiction over decisions of the courts in election cases involving elective municipal officials. at its discretion and while still in possession of the original records. an aggrieved party shall have twenty working days from notice of the special order within which to secure a restraining order or status quo order from the Supreme Court or the COMELEC.—If no appeal is filed within the time provided in these Rules. and (ii) manifest. 8. SEC. Appeal fee. the judgment shall be entered by the clerk in the book of entries of judgments. the complete records of the case.—On motion of the prevailing party with notice to the adverse party. simultaneously with the filing of the notice of appeal. SEC. by filing a notice of appeal with the court that rendered the decision.—The court’s promulgated decision shall become final and executory five (5) days after receipt of notice by the parties if no appeal is taken. 13. These reasons must: (i) constitute superior circumstances demanding urgency that would outweigh the injury or damage. may order the execution of its decision before the expiration of the period to appeal. and the Commission on Audit. Notice of final decision.—As soon as the decision becomes final. personally or by registered mail. SEC. with copy served on the adverse counsel or on the adverse party who is not represented by counsel. the issuance of a writ of execution pending appeal shall be stayed.—The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1. Finality of decision. (b) If the court grants an execution pending appeal. Preferential disposition of election contests. The date of finality of the judgment shall be the date of its entry. the clerk of court shall send notices to the COMELEC. SEC.000. transmit to the Electoral Contests Adjudication Department. with a certificate that the judgment has become final and executory. 7. Appeal. COMELEC.—An aggrieved party may appeal the decision to the COMELEC within five (5) days after promulgation.
the counter-protestant or the petitioner.—All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. 2. Affidavit as evidence. . copies or duplicates shall not be admissible to the same extent as the original if: a) a genuine question is raised as to the authenticity of the original. SEC. to apportion the costs. When a protest. “Digitally signed” refers to an electronic document or electronic data message bearing a digital signature verified by the public key listed in a certificate. SEC.—Costs shall be allowed to the prevailing party as a matter of course. SEC.—When a document is in two or more copies executed at or about the same time with identical contents. 2.—The person seeking to introduce an electronic document in an election protest has the burden of proving its authenticity in the manner provided in this Rule. or by other equivalent techniques that accurately reproduce the original. b) By evidence that other appropriate security procedures or devices for authentication of electronic documents authorized by the Supreme Court or by law for the authentication of electronic documents were applied to the document. a counter-protest or a petition for quo warranto is found to be frivolous. or b) under the circumstances. it would be unjust or inequitable to admit the copy in lieu of the original. its authenticity must be proved by any of the following means: a) By evidence that it has been digitally signed by the person purported to have signed it. Damages and attorney’s fees. or by chemical reproduction.—In all election contests. RULE 16: ELECTRONIC EVIDENCE SECTION 1. or by mechanical or electronic re-recording.SECTION 1. or is a counterpart produced by the same impression as the original. when allowed. Notwithstanding the foregoing. the court may adjudicate damages and attorney’s fees as it may deem just and as established by the evidence. 2. Burden of proving authenticity. Copies as equivalent of the originals. The court shall have the power. 3. or from the same matrix. a counter-protest or a petition for quo warranto is dismissed. if the aggrieved party has included these claims in the pleadings. The court may render judgment for costs if a protest. double or treble costs may be imposed on the protestant.—Before any electronic document or data offered as authentic is received in evidence. for special reasons. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein. Original of an electronic document or data. Costs. The affiant shall be made to affirm the contents of the affidavit in open session and may be cross-examined as a matter of right by the adverse party. such copies or duplicates shall be regarded as the equivalent of the original.—An electronic document or data shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or an output readable by sight or other means and shown to reflect the data accurately. as may be equitable. Manner of authentication. or c) By other evidence showing its integrity and reliability to the satisfaction of the judge. SEC. RULE 17: AUTHENTICATION OF ELECTRONIC DOCUMENTS AND DATA SECTION 1.
SEC.M. 07-4-15SC (The Rules of Procedure In Election Contests Before The Courts Involving Municipal and Barangay Officials) which became effective on May 15.—The Rules on Electronic Evidence shall apply to evidentiary aspects of pleadings. No. . regulations or circulars of the Supreme Court or parts thereof that are inconsistent with any provision of these Rules are hereby deemed repealed or modified accordingly.—These Rules shall take effect fifteen (15) days after their publication in a newspaper of general circulation in the Philippines. 2007. 3. 2. these rules supersede A. RULE 18: FINAL PROVISIONS SECTION 1. Repealing clause. Effectivity clause.SEC. resolutions. practice and procedure in election contests not otherwise specifically provided for in these Rules. All other rules.—For municipal election contests. The Rules on Electronic Evidence.
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