Rules of Procedure

DEVICES AND PCOS MACHINES USED IN THE

ELECTIONS (A) 22
SPECIAL RULES RULE 9 PRELIMINARY CONFERENCE 23
OF PROCEDURE RULE 10 REVISION OF BALLOTS

RULE 11 TECHNICAL EXAMINATION
23
25

RULE 12 PHOTOCOPYING OF BALLOTS 25
Supplement to the Rules of Court RULE 13 PRESENTATION OF EVIDENCE 26

RULE 14 DECISION 27
TABLE OF CONTENTS
RULE 15 COSTS, DAMAGES AND ATTORNEY’S FEES

27
A.M. No. 07-4-15-SC | RULES OF PROCEDURE IN RULE 16 ELECTRONIC EVIDENCE 27
ELECTION CONTESTS BEFORE THE COURTS INVOLVING RULE 17 AUTHENTICATION OF ELECTRONIC
ELECTIVE MUNICIPAL AND BARANGAY OFFICIALS 2 DOCUMENTS AND DATA 28
RULE 1 SCOPE 2 RULE 18 FINAL PROVISIONS 28
RULE 2 ELECTION CONTESTS 2
RULE 3 SUMMONS 3 A.M. No. 10-4-29-SC | THE 2010 RULES OF THE
PRESIDENTIAL ELECTORAL TRIBUNAL 28
RULE 4 ANSWER AND COUNTER-PROTEST 3
TITLE AND CONSTRUCTION 28
RULE 5 MOTIONS 4
THE TRIBUNAL 29
RULE 6 PROHIBITED PLEADINGS 4
ELECTION CONTESTS 30
RULE 7 FILING FEES AND CASH DEPOSITS 4
SUMMONS, ANSWERS AND COUNTER-PROTESTS 30
RULE 8 PRODUCTION AND CUSTODY OF BALLOT
BOXES AND ELECTION DOCUMENTS 5 FILING FEES, CHARGES AND DEPOSITS 31
RULE 9 PRELIMINARY CONFERENCE 5 PRODUCTION AND CUSTODY OF BALLOT BOXES,
ELECTION DOCUMENTS, DATA STORAGE DEVICES,
RULE 10 REVISION OF BALLOTS 6 AND MACHINES USED IN ELECTIONS 32
RULE 11 TECHNICAL EXAMINATION 7 REVISION OF VOTES 32
RULE 12 PHOTOCOPYING OF BALLOTS 7 TECHNICAL EXAMINATION 34
RULE 13 PRESENTATION OF EVIDENCE 7 SUBPOENAS 34
RULE 14 DECISION 8 RECEPTION EVIDENCE 34
RULE 15 COSTS, DAMAGES AND ATTORNEY'S FEES 9 INITIAL DETERMINATION OF THE GROUNDS FOR
RULE 16 TRANSITORY PROVISION 9 PROTEST 35
RULE 17 FINAL PROVISIONS 9 VOTING 35
DECISION 35
A.M. No. 00-8-10-SC | RULES OF PROCEDURE ON
CORPORATE REHABILITATION (2008) 9 COSTS 36
RULE 1 COVERAGE 9 SUPPLEMENTARY RULES 36
RULE 2 DEFINITION OF TERMS AND CONSTRUCTION AMENDMENT 36
9 EFFECTIVITY 36
RULES 3 GENERAL PROVISIONS 10
A.M. No. 15-04-06-SC | FINANCIAL LIQUIDATION AND
RULE 4 DEBTOR-INITIATED REHABILITATION 13 SUSPENSION OF PAYMENTS RULES OF PROCEDURE FOR
RULE 5 CREDITOR-INITIATED REHABILITATION 15 INSOLVENT DEBTORS (2015) 36
RULE 6 PRE-NEGOTIATED REHABILITATION 15 RULE 1 Coverage and General Provisions 36
RULE 7 RECOGNITION OF FOREIGN PROCEEDINGS 16 RULE 2 Liquidation of Insolvent Juridical Debtors 37
RULE 8 PROCEDURAL REMEDIES 18 RULE 3 Insolvency of Individual Debtors 38
RULE 9 FINAL PROVISIONS 18 A. Suspension of Payments 38
ANNEX "A" AFFIDAVIT OF GENERAL FINANCIAL B. Voluntary Liquidation 40
CONDITION 18 C. Involuntary Liquidation 40
A.M. No. 10-4-1-SC | 2010 RULES OF PROCEDURE FOR RULE 4 Provisions Common to Liquidation in
MUNICIPAL ELECTION CONTESTS 18 Insolvency of Individual and Juridical Debtors 42
RULE I SCOPE 18 A. The Liquidation Order 42
RULE 2 ELECTION CONTESTS 20 B. Secured Creditors 42
RULE 3 SUMMONS 21 C. The Liquidator 42
RULE 4 ANSWER AND COUNTER-PROTEST 21 D. Determination of Claims 44
RULE 5 MOTIONS 21 E. Avoidance Proceedings 44
RULE 6 PROHIBITED PLEADINGS 21 F. The Liquidation Plan 44
RULE 7 FILING FEES AND CASH DEPOSITS 22 RULE 5 Procedural Remedies 45
RULE 8 PRODUCTION AND CUSTODY OF BALLOT RULE 6 Effectivity 45
BOXES, ELECTION DOCUMENTS, DATA STORAGE

© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(f) Administer or cause to be administered oaths in a case

pending therein, and in all other cases where it may be
A.M. No. 07-4-15-SC | RULES OF necessary in the exercise of its powers;
PROCEDURE IN ELECTION CONTESTS (g) Amend and control its processes and orders so as to
BEFORE THE COURTS INVOLVING make them conformable to law and justice; and
(h) Authorize a copy of a lost or destroyed pleading or
ELECTIVE MUNICIPAL AND BARANGAY other paper to be filed and used instead of the original
OFFICIALS and to restore and supply deficiencies in its records and
proceedings.

SEC. 5. Means to carry jurisdiction into effect. - All
auxiliary writs, processes, and other means necessary to
RULE 1 SCOPE carry into effect its powers or jurisdiction may be
employed by the court and, if the procedure to be
SECTION 1. Coverage. - These Rules shall govern the followed in the exercise of such jurisdiction is not
filing of pleadings, practice and procedure in election specifically provided by law or these Rules, the court may
protests and petitions for quo warranto before courts of adopt any suitable process or mode of process which
general jurisdiction and courts of limited jurisdiction appears conformable to the spirit of said law or rules.
relating to elective municipal and barangay officials.
SEC. 2. Application of the Rules of Court. - The Rules of
Court shall apply by analogy or in a suppletory character, RULE 2 ELECTION CONTESTS
and whenever practicable and convenient. SECTION 1. Jurisdiction of regional trial courts. -
SEC. 3. Definitions. - As used in these Rules: Regional trial courts shall have exclusive original
jurisdiction over all election contests involving elective
(a) Courts - refer to the Regional Trial Courts or the municipal officials.
Municipal Trial Courts, including the Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial SEC. 2. Jurisdiction of municipal trial courts. - Municipal
Courts and Municipal Circuit Trial Courts. trial courts shall have exclusive original jurisdiction over all
election contests involving elective barangay officials.
(b) Election - means the choice or selection of candidates
to public office by popular vote through the use of the SEC. 3. How initiated. - An election contest is initiated by
ballot. Specifically, it may refer to the conduct of the polls, the filing of an election protest or a petition for quo
including the listing of voters, the holding of the electoral warranto against an elective municipal or barangay
campaign, and the casting and counting of ballots and official. An election protest or a petition for quo warranto
canvassing of returns. shall be filed directly with the proper court in three
legible copies plus such number of copies corresponding
(c) Election Contests - refer to election protests or to the number of protestees or respondents.
petitions for quo warranto.
An election protest shall not include a petition for quo
(d) Election Protest - refers to an election contest relating warranto, nor shall a petition for quo warranto include an
to the election and returns of elective officials, grounded election protest.
on frauds or irregularities in the conduct of the elections,
the casting and counting of the ballots and the SEC. 4. Modes of service and filing. - Service and filing
preparation and canvassing of returns. The issue is who of pleadings, including the initiatory petition and other
obtained the plurality of valid votes cast. papers, shall be done personally. Except with respect to
papers emanating from the court, a resort to other
(e) Quo Warranto under the Omnibus Election Code - modes of service must be accompanied by a written
refers to an election contest relating to the qualifications explanation why the service or filing was not done
of an elective official on the ground of ineligibility or personally. A violation of this Rule shall be cause to
disloyalty to the Republic of the Philippines. The issue is consider the pleading or paper as not filed.
whether respondent possesses all the qualifications and
none of the disqualifications prescribed by law. SEC. 5. Election protest. - A petition contesting the
election or returns of an elective municipal or barangay
(f) Revision of Ballots - refers to the process of a recount of official shall be filed with the proper regional trial court or
the ballots involving physical counting and segregation of municipal trial court by any candidate who was voted for
ballots for the protestant, protestee and other candidates the same office and who received the second or third
for the same position and the recording of objections and highest number of votes or, in a multi-slot position, was
claims to ballots. among the next four candidates following the last-ranked
(g) Promulgation - refers to the process by which a winner duly proclaimed, as reflected in the official results
decision is published, officially announced, made known of the election contained in the Statement of Votes By
to the public and delivered to the clerk of court for filing, Precinct. The party filing the protest shall be designated
coupled with notice to the parties or their counsel. as the protestant; the adverse party shall be known as the
protestee.
SEC. 4. Inherent powers of the court. - When
performing its functions, a court shall have the inherent Each contest shall refer exclusively to one office; however,
power to: contests for offices of Sangguniang Bayan or
Sangguniang Barangay may be consolidated in one
(a) Preserve and enforce order in its immediate presence;
case.
(b) Enforce order in proceedings before it, or before a
SEC. 6. Quo Warranto. - A petition for quo warranto
person or persons empowered to conduct a judicial
against an elective municipal or barangay official shall be
investigation under its authority;
filed with the proper regional trial court or municipal trial
(c) Compel obedience to its judgments, orders and court by any registered voter who has voted in the
processes, and to the lawful orders of a judge out of court, election concerned. The party filing the petition shall be
in a case pending therein; designated as the petitioner; the adverse party shall be
(d) Control, in furtherance of justice, the conduct of its known as the respondent.
ministerial officers, and of all other persons in any SEC. 7. Petition must be verified and accompanied by
manner connected with a case before it, in every manner a certificate of non-forum shopping. - An election
appertaining thereto; protest or a petition for quo warranto shall be verified by
(e) Compel the attendance of persons to testify in a case an affidavit stating that the affiant has read the petition
pending therein; and that the allegations therein are true and correct of
affiant's own knowledge or based on authentic records. A
verification based on "information and belief" or upon the

© Compiled By RGL 2 of 45


"knowledge, information and belief" is not a sufficient (e) In case of protest where a cash deposit is required, the
verification. cash deposit is not paid within five days from the filing of
The protestant or petitioner shall sign personally the the protest.
certificate of non-forum shopping which must be
annexed to the election protest or petition for quo RULE 3 SUMMONS
warranto.
SECTION 1. Summons. - Within twenty-four hours from
An unverified petition or one with insufficient verification
the filing of the protest or petition, the clerk of court shall
or unaccompanied by a certificate of non-forum
issue the corresponding summons to the protestee or
shopping shall be dismissed outright and shall not
respondent, together with a copy of the protest or
suspend the running of the reglementary period to file an
petition, requiring the filing of an answer within a
election protest or petition for quo warranto.
non-extendible period of five days from notice.
SEC. 8. Period to file protest or petition;
SEC. 2. Service of summons. - The summons shall be
non-extendible. - The election protest or petition for quo
served by handing a copy to the protestee or respondent
warranto shall be filed within the non-extendible period
in person or, in case of refusal of the protestee or
of ten days following the date of proclamation.
respondent to receive and sign for it, by tendering the
SEC. 9. Pendency of pre-proclamation controversy. - same.
The pendency of a pre-proclamation controversy
If, for justifiable causes, the protestee or respondent
involving the validity of the proclamation as defined by
cannot be served in person as provided above, service
law shall suspend the running of the period to file an
may be effected by leaving copies of the summons at:
election protest or petition for quo warranto.
(a) the residence of protestee or respondent with some
SEC. 10. COMELEC judgment in disqualification case. -
person of suitable age and discretion residing therein, or
A decision of the Commission on Elections, either in
division or en banc, in a disqualification case shall not bar (b) the office or regular place of business of protestee or
the filing of a petition for quo warranto based on the respondent with some competent person in charge
same ground, except when the Supreme Court has thereof.
affirmed the COMELEC decision. SEC. 3. By whom served. - The summons shall be served
SEC. 11. Contents of the protest or petition. - An election by the sheriff, deputy sheriff, process server or any
protest or petition for quo warranto shall specifically state suitable person authorized by the court issuing the
the following facts: summons.
(a) the position involved;
(b) the date of proclamation; and RULE 4 ANSWER AND COUNTER-PROTEST
(c) the number of votes credited to the parties per SECTION 1. Verified answer; counter-protest. - The
proclamation. answer shall be verified and may set forth admissions and
An election protest shall also state: denials, special and affirmative defenses and a
compulsory counterclaim. The protestee may incorporate
(d) the total number of precincts of the municipality or a counter-protest in the answer. Within five days from
the barangay concerned; receipt of the summons and a copy of the protest or
(e) the protested precincts and votes of the parties in the petition, the protestee or respondent shall file an answer
protested precincts per the Statement of Votes By in three legible copies, with proof of service of a copy
Precinct or, if the votes of the parties are not specified, an upon the protestant or petitioner.
explanation why the votes are not specified; and The counter-protest shall specify the counter-protested
(f) a detailed specification of the acts or omissions precincts and any votes of the parties therein per the
complained of showing the electoral frauds, anomalies or Statement of Votes By Precinct, or, if not so specified, an
irregularities in the protested precincts. explanation why the votes are not specified, and a
detailed specification of the acts or omissions
SEC. 12. Raffle of cases. - The Supreme Court shall complained of showing the electoral frauds, anomalies or
designate the courts which shall take cognizance of irregularities in the counter-protested precincts.
election protests and petitions for quo warranto.
Assignment of cases to such courts shall be done SEC. 2. Answer to counterclaim or counter-protest. -
exclusively through raffle conducted by the executive The protestant or petitioner shall answer the
judge or by the judges designated by the Supreme Court. counterclaim or counter-protest within a non-extendible
No court may assume jurisdiction over an election period of five days from notice.
contest unless assigned to it by raffle. Twenty-four hours SEC. 3. Allegations in the answer. -
before the raffle, the clerk of court must serve notice
personally on the parties, stating its date and time. Proof (a) Specific denial. - A protestee or respondent must
of service shall be submitted. The raffle shall be open to specify each material allegation of fact the truth of which
the public. The Supreme Court shall issue the necessary is not admitted and, whenever practicable, shall set forth
circular implementing this proviso. the substance of the matters relied upon in support of
the denial. The protestee or respondent shall specify so
The Court may order a change of venue or place of trial much of the averments that are true and material and
for compelling reasons to avoid a miscarriage of justice. shall deny the remainder.
SEC. 13. Summary dismissal of election contest. - The (b) Allegations not specifically denied deemed admitted.
court shall summarily dismiss, motu proprio, an election - Material averment in the protest or petition, other than
protest, counter-protest or petition for quo warranto on the amount of unliquidated damages and issues as to the
any of the following grounds: appreciation of ballots, shall be deemed admitted when
(a) The court has no jurisdiction over the subject matter; not specifically denied.
(b) The petition is insufficient in form and content as SEC. 4. Effect of failure to plead. -
required in Section 11 hereof; (a) Defenses and objections not pleaded. - Defenses and
(c) The petition is filed beyond the period prescribed in objections not pleaded are deemed waived. However,
these Rules; when it appears from the pleadings or the evidence on
record that the court has no jurisdiction over the subject
(d) The filing fee is not paid within the period for filing the matter, that there is another action pending between the
election protest or petition for quo warranto; and same parties for the same cause, or that the action is


barred by a prior judgment or the statute of limitations, (b) Motion for a bill of particulars;
the court shall dismiss the claim. (c) Demurrer to evidence;
(b) Compulsory counterclaim or cross-claim not set up (d) Motion for new trial, or for reconsideration of a
barred. - A compulsory counterclaim, or a cross-claim not judgment, or for reopening of trial;
set up shall be barred.
(e) Petition for relief from judgment;
(c) Effect of failure to answer. -I n an election protest that
does not involve ballot revision or a petition for quo (f) Motion for extension of time to file pleadings, affidavits
warranto, if the protestee or respondent fails to file an or other papers;
answer within the time allowed, the court shall, upon (g) Memoranda, except as provided under Section 7, Rule
motion of the protestant or petitioner with notice to the 13 of these Rules;
protestee or respondent and upon proof of such failure,
proceed to render judgment on the basis of the (h) Motion to declare the protestee or respondent in
allegations of the verified election protest or petition for default;
quo warranto granting the relief prayed for, unless the (i) Dilatory motion for postponement;
court in its discretion requires the protestant or petitioner
to submit evidence ex parte. (j) Motion to inhibit the presiding judge except on clearly
valid grounds;
However, in the case of election protests involving ballot
revision or examination, verification or re-tabulation of (k) Reply or rejoinder; and
the election returns, the court shall order such revision of (l) Third-party complaint.
ballots or examination, verification or re-tabulation of SEC. 2. Grounds to dismiss must be set up in the
election returns. The court shall proceed to render answer. - All grounds to dismiss an election protest or
judgment based on the results of the revision or petition for quo warranto must be set up or pleaded as
examination, verification or re-tabulation of election affirmative or special defenses. Defenses not raised are
returns. During the revision or examination, verification or deemed waived. The court may, in its discretion, hold a
re-tabulation of election returns, only the revisors of the preliminary hearing on the grounds so pleaded.
protestant may participate. The protestee or duly
authorized representative has the right to be present and
observe the proceedings without the right to object and RULE 7 FILING FEES AND CASH DEPOSITS
make claims to ballots and election returns.
SECTION 1. Filing fees. - No protest, counter-protest or
SEC. 5. How to compute time. - In computing any period petition for quo warranto shall be accepted for filing
of time prescribed or allowed by these Rules, or by order without the payment of a filing fee in the amount of
of the court, or by any applicable statute, the day of the Three Thousand Pesos (P3,000.00) for each interest.
act or event from which the designated period of time
begins to run is to be excluded and the date of If claims for damages and attorney's fees are set forth in a
performance included. If the last day of the period, as protest or counter-protest, additional filing fees shall be
thus computed, falls on a Saturday, a Sunday, or a legal paid in accordance with the schedule provided for in Rule
holiday in the place where the court sits, the time shall 141 of the Rules of Court, as amended.
not run until the next working day. SEC. 2. Cash deposit. - (a) In addition to the fees
SEC. 6. Amendments; limitations. - After the expiration prescribed in the preceding section, the protestant in an
of the period for the filing of the election protest, election protest requiring revision of ballots or
counter-protest or petition for quo warranto, substantial examination, verification or re-tabulation of election
amendments that broaden the scope of the action or returns, or which may require the bringing to the court of
introduce an additional cause or causes of action may be copies of other election documents and paraphernalia,
allowed only upon leave of court. Such leave may be shall make a cash deposit with the court in the following
refused if it appears to the court that the motion was amounts:
made with intent to delay. Any amendment in matters of (1) One Thousand Pesos (P1,000.00) for each precinct
form, such as a defect in the designation of the parties involved in the protest or counter-protest; provided that,
and other clearly clerical or typographical errors, may be in no case shall the deposit be less than Twenty-Five
summarily corrected by the court at any stage of the Thousand Pesos (P25,000.00) to be paid upon the filing of
proceedings, at its initiative or on motion, provided no the election protest (counter-protest);
prejudice is caused thereby to the adverse party.
(2) If the amount to be deposited does not exceed One
Hundred Thousand Pesos (P100,000.00), the same shall
RULE 5 MOTIONS be paid in full within ten days after the filing of the
protest; and
SECTION 1. Motions must be in writing. - Except those
made in open court during the course of the (3) If the deposit exceeds One Hundred Thousand Pesos
proceedings, all motions shall be in writing. (P100,000.00), a cash deposit in the amount of One
Hundred Thousand Pesos (P100,000.00) shall be made
SEC. 2. Proof of service necessary. - No written motion within ten days after the filing of the protest.
shall be acted upon by the court without proof of service
on the adverse party. The balance shall be paid in such installments as may be
required by the court with at least five days advance
SEC. 3. No hearings on motions. - Motions shall not be notice to the party required to make the deposit.
set for hearing, unless the court directs otherwise. No oral
argument shall be allowed in support thereof. The The cash deposit shall be applied by the court to the
adverse party may file written objections five days from payment of the compensation of revisors as provided
its service upon the expiration of which such motion is under Section 3, Rule 10 of these Rules and of all expenses
deemed submitted for resolution. The court shall resolve incidental to revision but not limited to supplies and
the motion within five days. miscellaneous expenses of the revision committee. When
the court determines that the circumstances so demand,
as when the deposit has been depleted, it may require
RULE 6 PROHIBITED PLEADINGS additional cash deposits. Any unused cash deposit shall
be returned to the party making the same after complete
SECTION 1. Prohibited pleadings and motions. - The termination of the protest or counter-protest.
following pleadings, motions or petitions shall not be
allowed in the cases covered by these Rules: The same amount of cash deposit shall be required from
the protestee (counter-protestant), should continuation
(a) Motion to dismiss the petition except on the ground of of revision be ordered pursuant to paragraph 2, Section 9,
lack of jurisdiction over the subject matter; Rule 10 of these Rules. Once required, the protestee


(counter-protestant) shall pay the cash deposit within a (3) The possibility of obtaining stipulations or admission of

non-extendible period of three days from receipt of the facts and of documents to avoid unnecessary proof;
corresponding order. (4) The limitation of the number of witnesses;
(b) Failure to make the cash deposits required within the (5) The nature of the testimonies of the witnesses and
prescribed time limit shall result in the automatic whether they relate to evidence aliunde the ballots, or
dismissal of the protest, or counter-protest. otherwise;
(6) The withdrawal of certain protested or
RULE 8 PRODUCTION AND CUSTODY OF counter-protested precincts (especially those where the
BALLOT BOXES AND ELECTION DOCUMENTS ballot boxes or ballots are unavailable or are missing and
cannot be located or destroyed due to natural disasters or
SECTION 1. Issuance of precautionary protection order. calamities);
- Where the allegations in a protest so warrant, and
simultaneously with the issuance of summons, the court (7) The number of revision committees to be constituted;
shall order the municipal treasurer and election officer (8) The procedure to be followed in case the election
concerned to take immediate steps or measures to protest or counter-protest seeks, wholly or partially, the
safeguard the integrity of all the ballot boxes, lists of examination, verification or re-tabulation of election
voters with voting records, books of voters and other returns; and
documents or paraphernalia used in the election. (9) Such other matters as may aid in the prompt
SEC. 2. When ballot boxes and election documents are disposition of the case.
brought before the court. - Within forty-eight hours SEC. 2. Notice through counsel. - The notice of
from receipt of the answer with counter-protest, if any, preliminary conference shall be served on counsel or on
and whenever the allegations in a protest or the party who has no counsel. Notice to counsel is notice
counter-protest so warrant, the court shall order the to the party, as counsel is charged with the duty to notify
ballot boxes with their keys, lists of voters with voting the party represented.
records, books of voters and other documents or
paraphernalia involved in the protest or counter-protest, SEC. 3. Appearances of parties. - It shall be the duty of
to be brought before it. the parties and counsel to appear before the court in
person at the preliminary conference.
The court shall notify the parties of the date and time for
the retrieval from their respective custodians of the ballot SEC. 4. Preliminary conference brief. - The parties shall
boxes and election documents. The parties may send file with the court and serve on the adverse party, in such
representatives to witness the activity. The absence, manner as shall ensure their receipt at least one day
however, of a representative of a party shall not be reason before the date of the preliminary conference, their
to postpone or delay the bringing of the ballot boxes and respective briefs which shall contain the following:
election documents into the custody of the court. (1) A summary of admitted facts and proposed stipulation
The court, in its discretion, may seek the assistance of the of facts;
Philippine National Police or the Armed Forces of the (2) The issues to be tried or resolved;
Philippines in ensuring the safe delivery of the ballot
boxes and election paraphernalia into the custody of the (3) The pre-marked documents or exhibits to be
court. presented, stating their purpose;
Where any of the ballot boxes, ballots, election returns, (4) A manifestation of their having availed or their
election documents or paraphernalia mentioned in the intention to avail themselves of discovery procedures or
first paragraph above are also involved in election referral to commissioners;
contests before other fora , such as the Presidential (5) The number and names of the witnesses, their
Electoral Tribunal, the Senate Electoral Tribunal, the addresses, and the substance of their respective
House of Representatives Electoral Tribunal or the testimonies. The testimonies of the witnesses shall be by
Commission on Elections, which, under COMELEC affidavits in question and answer form as their direct
Resolution No. 2812 dated 17 October 1995, have testimonies, subject to oral cross examination;
preferential right over the custody and revision of ballots
involved in simultaneous protests, the court shall make (6) A manifestation of withdrawal of certain protested or
the appropriate coordination and request with the higher counter-protested precincts, if such is the case;
tribunal involved as to temporary prior custody of ballot (7) The proposed number of revision committees and
boxes and revision of ballots and other documents, or names of their revisors and alternate revisors; and
synchronization of such revision of ballots and other (8) In case the election protest or counter-protest seeks
election documents. the examination, verification or re-tabulation of election
The expenses necessary and incidental to the bringing of returns, the procedure to be followed.
the ballot boxes and election documents shall be SEC. 5. Failure to file brief. - Failure to file the brief or to
shouldered and promptly paid by the protestant. The comply with its required contents shall have the same
expenses necessary and incidental to the return of the effect as failure to appear at the preliminary conference.
ballot boxes and election documents to their original
custodians or the proper tribunal after the termination of SEC. 6. Effect of failure to appear. - The failure of the
the case shall be shared proportionately by the protestant protestant or counsel to appear at the preliminary
and protestee based on the number of precincts conference shall be cause for dismissal, motu proprio , of
respectively contested by them. the protest or counter-protest. The failure of the protestee
or counsel to appear at the preliminary conference shall
have the same effect as provided in Section 4(c), Rule 4 of
RULE 9 PRELIMINARY CONFERENCE these Rules, that is, the court may allow the protestant to
present evidence ex parte and render judgment based
SECTION 1. Preliminary conference; mandatory. -
on the evidence presented.
Within three days after filing of the last responsive
pleading allowed by these Rules, or the expiration of the SEC. 7. Preliminary conference order. - Within three
same period without any responsive pleading having days following the date of the preliminary conference, the
been filed, the court shall conduct a mandatory court shall issue an order summarizing the matters taken
preliminary conference among the parties to consider: up and stipulations or agreements reached during the
conference. The court shall specify in the preliminary
(1) The simplification of issues;
conference order when the revision of ballots will
(2) The necessity or desirability of amendments to the commence, which shall be within five days from the
pleadings; termination of the preliminary conference.



(a) the precinct number;

RULE 10 REVISION OF BALLOTS (b) the date, place and time of revision;
SECTION 1. Start of revision. - The revision of ballots shall (c) the votes of the parties per physical count;
commence on the date specified in the preliminary (d) the condition and serial numbers of the following:
conference order.
(1) ballot boxes;
SEC. 2. Revision committee; under the supervision of
the court. - There shall be constituted such number of (2) self-locking security metal or plastic seals(inner and
revision committees as may be necessary. Each revision outer) and padlocks of the ballot boxes;
committee shall be composed of a chairperson and two (3) security envelopes containing the election returns; and
members, one designated by the protestant and another
designated by the protestee. The court shall designate (4) numbered paper seal of the envelopes;
the chairperson from among its personnel. The parties (e) the votes of the parties per ballot-box copy of the
shall also designate their respective substitute revisors. election returns and per the tally sheet/board found
The revision committee shall conduct the revision in the inside the ballot box;
court premises or at such other place as may be (f) the number of ballots objected to by the parties
designated by the court, in every case under its strict indicating therein the exhibit numbers;
supervision.
(g) the grounds of objections;
The revisors shall discharge their duties with the highest
(h) the number of stray ballots;
degree of integrity, conducting the proceedings with the
same dignity and discipline as if undertaken by the court (i) the claims on ballots with their exhibit numbers; and
itself. They shall exercise extraordinary diligence and take (j) the entries in the Minutes of Voting and Counting,
precautionary measures to prevent the loss, particularly:
disappearance or impairment of the integrity(such as
marking or spoilage by any means) of the ballots and (1) the number of registered voters;
election documents. (2) the number of voters who actually voted;
SEC. 3. Compensation of the revisors. - The court shall (3) the number of official ballots together with their serial
fix the compensation of the revisors at Four Hundred numbers used in the election;
Pesos(P400.00) per ballot box for the chairperson and
One Hundred Fifty Pesos (P150.00) per ballot box for each (4) the number of ballots actually used indicating the
party revisor. The party revisors shall be entitled to an serial numbers of the ballots; and
additional per diem of Five Hundred Pesos (P500.00) (5) the unused ballots together with their serial numbers.
each per day. This compensation shall be chargeable
The revision forms shall be made available prior to
against the cash deposit as provided for in Section 2, Rule
revision. The per-precinct revision report shall be signed
7 of these Rules.
and certified to by the chairperson and the revisors of the
SEC. 4. Continuous revision. - parties, and shall form part of the records of the case. A
(a) Period for revision. - Revision shall be conducted from copy of the required form for the revision report is hereto
8:30 o'clock in the morning to 12:00 noon and from 1:30 to attached.
4:30 o'clock in the afternoon from Monday to Friday, In addition to the per-precinct revision report, the revision
except on non-working holidays. The revisors may take a committee shall also prepare and submit to the court,
fifteen-minute break in each session. within three days from termination of the revision, a
(b) Revision to continue even if a party revisor is absent or committee report summarizing the data, votes, ballot
late. - The revision of ballots shall not be delayed or objections and claims, and significant observations made
postponed by reason of the absence or tardiness of a in the revision of ballots from the protested precincts and
party revisor or substitute revisor, as long as the later from the counter-protested precincts, if so
chairperson and one party revisor are present. The court conducted based on the provisions of Section 9 hereof.
may at any time designate another chairperson if the Each party furnished with a copy of the committee report
regular chairperson fails for any reason to report. may submit their comments thereon within a
non-extendible period of three days from notice.
(c) If the revisor of the protestee is absent or late. - If the
revisor of the protestee is absent or late for thirty minutes SEC. 7. Order of revision. - Revision of ballots shall start
and no alternate appears as a substitute, the revision with those from the protested precincts, subject to the
shall, nevertheless, commence; the protestee shall be provisions of Section 9 hereof.
deemed to have waived the right to appear and to object SEC. 8. Inquiry as to security markings and vital
to the ballots in the precinct or precincts scheduled for information relative to ballots and election
revision on that particular day. documents. - When a revision of ballots is ordered, and
(d) If the revisor of protestant or the revisors of both for the guidance of the revisors, the court shall inquire
parties fail to appear. - If the revisor of the protestant or about the security markings on the ballots and election
the revisors of both parties and alternates fail to appear documents from the Chairman, Commission on
for no justifiable reason within one hour after fixed hours Elections, who shall be obliged to indicate such markings
from the start of the revision, the ballot boxes scheduled and other vital information that may aid the court in
for revision on that day, and the corresponding keys in determining the authenticity of ballots and election
the possession of the chairperson, shall be returned to documents. The parties shall be notified of the results of
the ballot box custodian of the court and shall no longer such inquiry.
be revised; it is understood that the parties waive their SEC. 9. Post-revision determination of the merit or
right to revise the same, and the chairperson concerned legitimacy of protest prior to revision of
shall state such facts in the corresponding revision report. counter-protest.- Immediately after the revision of ballots
SEC. 5. Prohibited access. - During the revision of ballots, or the examination, verification or re-tabulation of
no person other than the judge, the clerk of court, the election returns in all protested precincts, the protestant
chairperson and the members of the revision shall be required to pinpoint a number of precincts,
committees, the parties and their duly authorized corresponding to twenty percent of the total revised
representatives, shall have access to the revision area. protested precincts, that will best attest to the votes
recovered or will best exemplify the frauds or
SEC. 6. Preparation and submission of revision report. - irregularities pleaded in the protest. In the meanwhile,
The committee shall prepare and submit to the court a the revision of ballots or the examination, verification or
revision report per precinct stating the following: re-tabulation of election returns in the counter-protested
precincts shall be suspended for a period not exceeding



fifteen days, during which the court shall determine SEC. 2. Where conducted; parties to provide own
through appreciation of ballots or election documents photocopying units. - Photocopying shall be done within
the merit or legitimacy of the protest relative to the the premises of the court, near the revision area, and shall
twenty percent pinpointed precincts. be under the supervision of the clerk of court. The party
Based on the results of such post-revision determination, concerned shall provide an efficient photocopying unit
the court may dismiss the protest without further and shall bear all expenses relative thereto.
proceedings, if and when no reasonable recovery was
established from the twenty percent pinpointed RULE 13 PRESENTATION OF EVIDENCE
precincts, or proceed with revision of the ballots or the
examination, verification or re-tabulation of election SECTION 1. Presentation and reception of evidence;
returns in the counter-protested precincts. In the latter order of hearing. - If at the preliminary conference the
case, the protestee shall be required to pay the cash parties have agreed on issues aliunde the ballots or other
deposit within a non-extendible period of three days from election documents (e.g., vote-buying, fraud, terrorism or
notice. violence), the reception of evidence on the issues,
including the testimonies of witnesses, shall be done
SEC. 10. Continuation of appreciation of ballots. - While
simultaneously with the revision of ballots.
the ballots or election documents from the
counter-protested precincts are being revised, the court The reception of evidence on all other matters or issues
shall continue with its appreciation of ballots from the incidental to or interwoven with the ballots and related
remaining revised eighty percent protested precincts election documents shall be made upon completion of
and, once completed, shall proceed with the appreciation (a) the revision of ballots or election documents, or (b) the
of ballots from the counter-protested precincts. technical examination, if allowed by the court under the
provisions of Rule 11 of these Rules.
RULE 11 TECHNICAL EXAMINATION Reception of evidence shall be made in accordance with
the following order of hearing:
SECTION 1. Motion for technical examination; contents. (1) The protestant or petitioner shall present evidence in
- A party may move for the technical examination within support of the protest or petition;
five days after completion of revision in the protest or
counter-protest, except when it involves allegation of (2) The protestee or respondent shall then adduce
massive substitute voting in the protest or evidence in support of the defense, counterclaim or
counter-protest, specifying: counter-protest, if any;
(a) The nature of the technical examination requested (3) The parties may then respectively offer rebutting
(e.g., fingerprint examination, etc.); evidence only, unless the court for good reasons, in the
furtherance of justice, permits them to offer evidence
(b) The documents to be subjected to technical upon their original case; and
examination;
(4) No sur-rebuttal evidence shall be allowed.
(c) The objections made in the course of the revision of
ballots which the movant intends to substantiate with In offering testimonial evidence, the party shall require
the results of the technical examination; and the proposed witness to execute an affidavit which shall
be considered as the direct testimony, subject to the right
(d) The ballots covered by such objections. of the adverse party to object to its inadmissible portions
SEC. 2. Technical examination; time limits. - The court and to orally cross-examine the witness. The affidavit shall
may grant the motion for technical examination at its be based on personal knowledge, shall set forth facts as
discretion and under such conditions it may impose. If would be admissible in evidence, and shall show
the motion is granted, the technical examination shall affirmatively that the affiant is competent to testify on
start within five days from notice to both parties and shall the matters stated therein. The affidavit shall be in
be completed within the period specified by the court, in question and answer form. The affidavit shall be
no case to exceed twenty successive working days, unless submitted to the court and served on the adverse party at
the court grants an extension based on exceptionally least three days before the hearing. Failure to submit the
meritorious ground. A party may attend the technical affidavit of a witness within the specified time shall
examination, either personally or through a constitute a waiver of the party's right to present
representative. However, the technical examination shall testimonial evidence.
proceed with or without the attendance of the party, The one-day-cross-examination-of-witness rule, that is, a
provided due notice has been given to the party. witness has to be fully cross-examined in one day only
The expenses for technical examination shall be for the shall be strictly adhered to. The court, at its discretion,
account of the party requesting the examination and may extend the cross-examination for justifiable reasons.
under the supervision of the clerk of court. The revision reports, as well as the objected and claimed
SEC. 3. Experts; who shall provide. - Experts necessary ballots referred to therein, shall automatically form part of
for the conduct of technical examination shall be court records and may be adopted by the parties as their
provided by the party requesting the same and may evidence.
come from the National Bureau of Investigation, the SEC. 2. Offer of evidence. - The court shall consider no
Philippine National Police(PNP) Crime Laboratory, the evidence that has not been formally offered. Offer of
Commission on Elections, or experts in private practice. evidence shall be done orally on the last day of hearing
The other party may secure the services of an expert who allowed for each party after the presentation of the last
may only observe, not interfere with, the examination witness. The opposing party shall be required to
conducted by the experts of the movant. immediately interpose objections thereto. The court shall
rule on the offer of evidence in open court. However, the
RULE 12 PHOTOCOPYING OF BALLOTS court may, at its discretion, allow the party to make an
offer of evidence in writing, which shall be submitted
SECTION 1. Photocopying simultaneous with revision. - within three days. If the court rejects any evidence
On motion of a party, the court may allow the offered, the party may make a tender of the excluded
photocopying of ballots and election documents, upon evidence.
such terms and conditions as it may impose. The
SEC. 3. Reception of evidence continuous. - Reception
photocopying, if allowed, must start at the
of evidence, once commenced, shall continue from day to
commencement of revision and, as far as practicable,
day as far as practicable until terminated. In no case shall
must be completed simultaneously with the termination
the entire period for reception of evidence exceed ten
of revision.


successive days for each party from the first day of such protest, the winner shall be the candidate who obtained
reception, unless authorized by the Supreme Court. the plurality of the valid votes cast.
SEC. 4. Adjournments and postponements. - No motion SEC. 2. Form of decision in election protests. - After
for postponement shall be allowed, except for clearly termination of the revision of ballots and before
meritorious reasons, in no case to exceed three times of rendering its decision in an election protest that involved
three calendar days interval each. The filing of dilatory such revision, the court shall examine and appreciate the
pleadings or motions shall constitute direct contempt of original ballots. The court, in its appreciation of the ballots
court and shall be punished accordingly. and in rendering rulings on objections and claims to
SEC. 5. Burden of proof. - Burden of proof is the duty of a ballots of the parties, shall observe the following rules:
party to present evidence of the facts in issue, necessary (a) On Marked Ballots - The court must specify the entries
to establish one's claim or defense. in the ballots that clearly indicate that the intention of the
SEC. 6. Disputable presumptions. - The following voter is to identify the ballot. The specific markings in the
presumptions are considered as facts, unless ballots must be illustrated or indicated;
contradicted and overcome by other evidence: (b) On Fake or Spurious Ballots - The court must specify
(a) On the election procedure: the COMELEC security markings that are not found in the
ballots that are considered fake or spurious;
(1) The election of candidates was held on the date and
time set and in the polling place determined by the (c) On Stray Ballots - The court must specify and state in
Commission on Elections; detail why the ballots are considered stray;
(2) The Boards of Election Inspectors were duly (d) On Pair or Group of Ballots Written by One or
constituted and organized; Individual Ballots Written By Two - When ballots are
invalidated on the ground of written by one person, the
(3) Political parties and candidates were duly represented court must clearly and distinctly specify why the pair or
by pollwatchers; group of ballots has been written by only one person. The
(4) Pollwatchers were able to perform their functions; and specific strokes, figures or letters indicating that the
ballots have been written by one person must be
(5) The Minutes of Voting and Counting contains all the specified. A simple ruling that a pair or group of ballots
incidents that transpired before the Board of Election has been written by one person would not suffice. The
Inspectors. same is true when ballots are excluded on the ground of
(b) On election paraphernalia: having been written by two persons. The court must
likewise take into consideration the entries of the Minutes
(1) Ballots and election returns that bear the security of Voting and Counting relative to illiterate or disabled
markings and features prescribed by the Commission on voters, if any, who cast their votes through assistors, in
Elections are genuine; determining the validity of the ballots found to be written
(2) The data and information supplied by the members of by one person, whether the ballots are in pairs or in
the Boards of Election Inspectors in the accountable groups; and
forms are true and correct; and (e) On Claimed Ballots - The court must specify the exact
(3) The allocation, packing and distribution of election basis for admitting or crediting claimed votes to either
documents or paraphernalia were properly and timely party.
done. SEC. 3. Several judgments. - In a protest or petition
(c) On appreciation of ballots: against several protestees or respondents, the court may,
(1) A ballot with appropriate security markings is valid; when a several judgment is proper, render judgment
against one or more of them, leaving the protest or
(2) The ballot reflects the intent of the voter; petition to proceed against the others.
(3) The ballot is properly accomplished; SEC. 4. Promulgation of decision. - The decision signed
(4) A voter personally prepared one ballot, except in the by the presiding judge shall be promulgated by the
case of assistors; and reading of the dispositive portion in open court and its
filing with the clerk of court, on a date set with due notice
(5) The exercise of one's right to vote was voluntary and to the parties, or through delivery of a copy of the signed
free. decision to the clerk of court who shall forthwith indicate
SEC. 7. Submission of memoranda. - The court may the date of rendition and cause true copies thereof to be
allow the parties to submit their respective memoranda served, personally or by registered mail, upon the counsel
within a non-extendible period of ten days from the or the parties, if not represented by counsel.
verbal ruling of the court on the last offer of exhibits; or, if SEC. 5. Finality of decision. - The decision of the court
the offer was made in writing, within ten days from shall become final and executory five days after filing
receipt of the written ruling of the court. No with the clerk of court and receipt of notice by the parties.
supplemental, reply or rebuttal memorandum shall be
allowed. SEC. 6. Entry of judgment. - If no appeal is filed within
the time provided in these Rules, the judgment shall be
entered by the clerk in the book of entries of judgments.
RULE 14 DECISION The date of finality of the judgment shall be the date of
its entry. The record shall contain the dispositive part of
SECTION 1. Rendition of decision. - The court shall the judgment and shall be signed by the clerk, with a
decide the election contest within thirty days from the certificate that such judgment has become final and
date it is submitted for decision, in no case beyond six executory.
months after its filing, unless the Supreme Court
authorizes an extension in writing. Failure to comply SEC. 7. Notice of final decision. - As soon as the decision
herewith shall be considered a serious offense and shall becomes final, the clerk of court shall send notices to the
be ground for disciplinary action against the judge. In Commission on Elections, the Department of the Interior
addition, after the expiration of six months, the judge and Local Government, and the Commission on Audit.
shall be relieved of all duties and functions, except to SEC. 8. Appeal. - An aggrieved party may appeal the
decide the election case. decision to the Commission on Elections, within five days
An election protest is deemed submitted for decision after promulgation, by filing a notice of appeal with the
after completion of the reception of evidence or, if the court that rendered the decision, with copy served on the
parties were allowed to submit memoranda, upon adverse counsel or party if not represented by counsel.
submission of such memoranda or the expiration of the SEC. 9. Appeal fee. - The appellant in an election contest
period for their filing, whichever is earlier. In an election shall pay to the court that rendered the decision an



appeal fee of One Thousand Pesos (P1,000.00),

simultaneously with the filing of the notice of appeal. RULE 17 FINAL PROVISIONS
SEC. 10. Immediate transmittal of records of the case. -
SECTION 1. Repealing clause. - All rules, resolutions,
The clerk of court shall, within fifteen days from the filing
regulations or circulars of the Supreme Court or parts
of the notice of appeal, transmit to the Electoral Contests
thereof that are inconsistent with any provision of these
Adjudication Department, Commission on Elections, the
Rules are hereby deemed repealed or modified
complete records of the case, together with all the
accordingly.
evidence, including the original and three copies of the
transcript of stenographic notes of the proceedings. Rules 35 and 36 of the 1993 COMELEC Rules of Procedure
governing election contests and quo warranto cases
SEC. 11. Execution pending appeal. - On motion of the
before the trial courts are deemed superseded by these
prevailing party with notice to the adverse party, the
Rules.
court, while still in possession of the original records, may,
at its discretion, order the execution of the decision in an SEC. 2. Effectivity clause. - These Rules shall take effect
election contest before the expiration of the period to on May 15, 2007 following their publication in two
appeal, subject to the following rules: newspapers of general circulation in the Philippines not
later than May 3, 2007.
(a) There must be a motion by the prevailing party with
three-day notice to the adverse party. Execution pending
appeal shall not issue without prior notice and hearing.
There must be good reasons for the execution pending A.M. No. 00-8-10-SC | RULES OF
appeal. The court, in a special order, must state the good PROCEDURE ON CORPORATE
or special reasons justifying the execution pending
appeal. Such reasons must: REHABILITATION (2008)
(1) constitute superior circumstances demanding urgency
that will outweigh the injury or damage should the losing December 2, 2008
party secure a reversal of the judgment on appeal; and
(2) be manifest, in the decision sought to be executed,
that the defeat of the protestee or the victory of the RULE 1 COVERAGE
protestant has been clearly established. Section 1. Scope - These Rules shall apply to petitions for
(b) If the court grants an execution pending appeal, an rehabilitation of corporations, partnerships and
aggrieved party shall have twenty working days from associations pursuant to Presidential Decree No. 902-A, as
notice of the special order within which to secure a amended.
restraining order or status quo order from the Supreme Section 2. Applicability to Rehabilitation Cases
Court or the Commission on Elections. The corresponding Transferred from the Securities and Exchange
writ of execution shall issue after twenty days, if no Commission. - Cases for rehabilitation transferred from
restraining order or status quo order is issued. During Securities Exchange Commission to the Regional Trial
such period, the writ of execution pending appeal shall be Court pursuant to Republic Act No. 8799, otherwise
stayed. known as The Securities Regulation Code, shall likewise
SEC. 12. Jurisdiction of the Commission on Elections in be governed by these Rules.
certiorari cases. - The Commission on Elections has the
authority to issue the extraordinary writs of certiorari,
prohibition and mandamus only in aid of its appellate RULE 2 DEFINITION OF TERMS AND
jurisdiction over decisions of the courts in election cases CONSTRUCTION
involving elective municipal and barangay officials.
Section 1. Definition of Terms. - For purpose of these
SEC. 13. Preferential disposition of election contests. - Rules:
The courts shall give preference to election contests over
all other cases, except habeas corpus. "Administrative Expenses" shall refer to (a) reasonable
and necessary expenses that are incurred in connection
with the filing of the petition; (b) expenses incurred in the
RULE 15 COSTS, DAMAGES AND ATTORNEY'S ordinary course of business after the issuance of the stay
order, excluding interest payable to the creditors for loans
FEES and credit accommodations existing at the time of the
SECTION 1. Costs; when allowed. - Costs shall be allowed issuance of the stay order, and (c) other expenses that are
to the prevailing party as a matter of course. The court authorized under this Rules.
shall have the power, for special reasons, to apportion the "Affidavit of General Financial Condition" shall refer to a
costs, as may be equitable. The court may render verified statement on the general financial condition of
judgment for costs if a protest, a counter-protest or a the debtor requiredin Section 2, Rule 4 of these Rules.
petition for quo warranto is dismissed. When a protest, a
counter-protest or a petition for quo warranto is found to "Affiliate" is a corporation that directly or indirectly,
be frivolous, double or treble costs may be imposed on through one or more intermediaries, is controlled by, or is
the protestant, the counter-protestant or the petitioner. under the common control of another corporation, which
thereby becomes its parent corporation.
SEC. 2. Damages and attorney's fees. - In all election
contests, the court may adjudicate damages and "Asset" is anything of value that can be in the form of
attorney's fees, as it may deem just and as established by money, such as cash at the bank or amounts owed; fixed
the evidence, if the aggrieved party has included such assets such as property or equipment; or intangibles
claims in the pleadings. including intellectual property, the book value of which is
shown in the last three audited financial statement
immediately preceding the filing of the petition, In case
RULE 16 TRANSITORY PROVISION the debtor is less than three years in operation, it is
sufficient that the book value is based on the audited
SECTION 1. Applicability. - These Rules shall apply to financial statement\s for the years or year immediately
election protests and petitions for quo warranto that preceding the filing of petition, as the case may be.
remain pending and undetermined after their effectivity.
"Board of Directors" shall include the executive
committee or the management of partnership or
association


"Claim" shall include all claims or demands of whatever of the civil Code and Article 110, as amended, of the Labor
nature or charter against a debtor or its property, whether code of the Philippines.
for money or otherwise "Subsidiary" mean a corporation more than fifty percent
"Control" is the power of a parent corporation to direct or (50%) of the voting stock of which is owned or controlled
govern the financial and operating policies of an directly or indirectly though one or more intermediaries
enterprise so as to obtain benefits from its activities. by another corporation
Control is presumed to exit when the parent owns, "Unsecured clan" shall mean any clan other than a seared
directly or indirectly though subsidiaries, more than one - claim.
half (½) of the voting power of the voting power of an
enterprise unless, unless, in exceptional circumstances, it Section 2. Construction - These Rules shall be liberally
can clearly be demonstrated that such own ship does not construed to carry out the objectives of Section 5(d), 6(d)
constitute control. Control also exits even when the and 6(d) of Presidential Decree No. 902-A, as amended,
parents owns one-half (1/2) or less of the voting power of and to assist the parties in obtaining a jut, expeditious
an enterprise when there is power. and inexpensive determination of case. Where applicable,
the Rules of Court shall apply supplementary to
(A) Over more than one-half (½) of agreement with proceedings under these Rules.
investors;
(B) To direct or govern the financial and operating
policies of the enterprise under a statute or agreement; RULES 3 GENERAL PROVISIONS
(C) To appoint or remove the majority of the member of Section 1. Nature of Proceeding - Any proceeding
the board of directors or equivalent governing body; or initiated under these Rules shall be considered in rem.
Jurisdiction over all persons affected by the proceeding
(D) To cast the majority votes at meeting of the board of
shall be considered as acquired upon publication of the
directors or equivalent governing body.
notice of the commencement of the proceedings in any
"Creditor" shall mean any holder or a Chain newspaper or general circulation in the Philippines in the
"Court" shall refer to the proper Regional Trial Court manner prescribed by these rules.
designated to hear and decide the cases contemplated The proceedings shall also be summary and
contemplated under these Rules. non-adversarial in nature. The following pleading are
"Days" shall refer to calendar days unless otherwise prohibited:
provided in these Rules. (a) Motion to dismiss;
"Debtor" shall mean any corporation, partnership or (b) Motion for a bill of particulars:
association or a group of companies, whether supervised
(c) Petition for relief;
or regulated by the Securities and Exchange Commission
or other government agencies, on whose behalf a (d) Motion for extension;
petition for rehabilitation has been filed under these (e) Motion for postponement
rules.
(f) Third-party complaint;
"Foreign count" means a judicial or other authority
competent to control or supervise a foreign proceeding. (g) Intervention;
"Foreign proceeding" means a collective judicial or (h) Motion to hear affirmative defenses; and
administrative proceeding in a foreign State, interim (I) Any pleading or motion which is similar to or of like
proceeding, pursuant to a law re solvency in which effect as any of the foregoing.
proceeding the assets and affairs of the debtor are
subject to control or supervision by a foreign count, for Any pleading, motion, opposition, defense or claim filed
the purpose of rehabilitation or re-organization by any interested party shall be supported by verified
statements that the affiant has read same and that the
"Foreign Representative" means person or entity, factual allegations therein are true and correct of his
including one appointed on an interim basis, authorized personal knowledge or based on authentic records, and
in a foreign proceeding to administer the reorganization correct of his personal knowledge or based on authentic
or rehabilitation of the debtor or act as a representative of records, and shall contain as annexes such documents as
the foreign proceeding. may be deemed by the party court may be decide
"Group of companies" refers to, and can cover only, matters on the basis of affidavits and other documentary
corporation that are financially refers to, and can cover evidence. Where necessary, the court shall conduct
only, corporations that are financially rated to one clarificatory hearings before resolving any matter
another as parent corporation, subsidiaries and affiliates. submitted to it for resolution.
When the petition covers a group of companies, all Section 2. Venue. - Petitions for rehabilitation pursuant to
reference under these Rules to "debtor" shall include and these Rules shall be filed in the regional trial court which
apply include and apply to the group of companies. has jurisdiction over the principal office of the debtor as
specified in its articles of incorporation or partnership.
"Liabilities" shall refer to monetary claims against the Where the principal office of the corporation, partnership
debtor, including stockholders advances that have been or association is registered in the Securities and Exchange
recorded in the debtor's audited financial statements as Commission as Metro Manila, the action must be filed in
advances for subscription. the regional trial court of the city or municipality where
"Parent" is a corporation directly or indirectly though one the head office is located.
or more intermediaries. A joint petition by a group of companies shall be filed in
"Rehabilitation" shall mean the restoration of the debtor the Regional Trial Court which has jurisdiction over the
to a position of successful operation and solvency, if it is principal office of the parent company, as specified in its
shown that its continuance of operation is economically Articles of Incorporation.
feasible and its creditors can recover by way of the Section 3. Service of Pleadings and Documents. - When
present value of payments projected in the plan more if so authorized by the court, any pleading and/or
the corporation continues as a going concern than if it document required by these Rules may be filed with the
immediately liquidated. court and/or served upon the other parties by facsimile
"Secured claim" shall refer to any clan whose payment or transmission (fax) or electronic mail (e-mail). In such
fulfillment is secured by contract or by law, including any cases, the date of transmission shall be deemed to be the
clam or credit enumerated under Articles 2241 and 2242 date of service. Where the pleading or document is
voluminous, the court may, upon motion, waive the
requirement of service; provided that a copy thereof



together with all its attachments is duly filed with the file and serve on the debtor a verified comment on or
court and is made available for examination and opposition to the petition, with supporting affidavits and
reproduction by any party, and provided, further, that a documents, not later than fifteen (15) days before the
notice of such filing and availability is duly served on the date of the first initial hearing and putting them on
parties. notice that their failure to do so will bar them from
Section 4. Trade Secrets and Other Confidential participating in the proceedings; and (m) directing the
Information. - Upon motion, the court may issue an order creditors and interested parties to secure from the court
to protect trade secrets or other confidential research, copies of the petition and its annexes within such time as
development or commercial information belonging to to enable themselves to file their comment on or
the debtor. opposition to the petition and to prepare for the initial
hearing of the petition.
Section 5. Executory Nature of Orders. - Any order issued
by the court under these Rules is immediately executory. The issuance of a stay order does not affect the right to
A petition to review the order shall not stay the execution commence actions or proceedings insofar as it is
of the order unless restrained or enjoined by the necessary to preserve a claim against the debtor.
appellate court. Unless otherwise provided in these Rules, Section 8. Service of Stay Order on Rehabilitation
the review of any order or decision of the court or an Receiver. - The petitioner shall immediately serve a copy
appeal therefrom shall be in accordance with the Rules of of the stay order on the rehabilitation receiver appointed
Court; provided, however, that the reliefs ordered by the by the court, who shall manifest his acceptance or
trial or appellate courts shall take into account the need non-acceptance of his appointment not later than ten
for resolution of proceedings in a just, equitable and (10) days from receipt of the order.
speedy manner. Section 9. Period of Stay Order. - The stay order shall be
Section 6. Nullification of Illegal Transfers and effective from the date of its issuance until the approval
Preferences. - Upon motion the court may nullify any of the rehabilitation plan or the dismissal of the petition.
transfer of property or any other conveyance, sale, Section 10. Relief from, Modification, or Termination of
payment or agreement made in violation of its stay order Stay Order. -
or in violation of these Rules.
(a) The court may, upon motion, terminate, modify, or set
Section 7. Stay Order. - If the court finds the petition to conditions for the continuance of the stay order, or relieve
be sufficient in form and substance, it shall; not later than a claim from the coverage thereof upon showing that (1)
five (5) working days from the filing of the petition, issue any of the allegations in the petition, or any of the
an order: (a) appointing a rehabilitation receive and fixing contents of any attachment, or the verification thereof
his bond; (b) staying enforcement of all claims, whether has ceased to be true; (2) a creditor does not have
for money or otherwise and whether such enforcement is adequate protection over property securing its claims; (3)
by court action or otherwise, against the debtor, its the debtor's secured obligation is more than the fair
guarantors and persons not solidarily liable with the market value of the property subject of the stay and such
debtor; provided, that the stay order shall not cover property is not necessary for the rehabilitation of the
claims against letters of credit and similar security debtor; or (4) the property covered by the stay order is not
arrangements issued by a third party to secure the essential or necessary to the rehabilitation and the
payment of the debtor's obligations; provided, further, creditor's failure to enforce its claim will cause more
that the stay order shall not cover foreclosure by a damage to the creditor than to the debtor.
creditor of property not belonging to a debtor under
corporate rehabilitation; provided, however, that where (b) For purposes of this Section, the creditor lacks
the owner of such property sought to be foreclosed is also adequate protection if it can be shown that:
a guarantor or one who is not solidarily liable, said owner (1) The debtor fails or refuses to honor a pre-existing
shall be entitled to the benefit of excussion as such agreement with the to keep the property insured;
guarantor; (c) prohibiting the debtor from selling,
encumbering, transferring, or disposing in any manner (2) The debtor fails or refuses to take commercially
any of its properties except in the ordinary course of reasonable steps to maintain the property; or
business; (d) prohibiting the debtor from making any (3) The property has depreciated to an extent that the
payment of its liabilities except as provided in items (e), (f) creditor is undersecured
and (g) of this Section or when ordered by the court
pursuant to Section 10 of Rule 3; (e) prohibiting the (c) Upon showing the creditor's lack of adequate
debtor's suppliers of goods or services from withholding protection, the court shall order the rehabilitation receiver
supply of goods and services in the ordinary course of to (1) make arrangements to provide for the insurance or
business for as long as the debtor makes payments for maintenance of the property, or (2) to make payments or
the services and goods supplied after the issuance of the otherwise provide additional or replacement security
stay order; (f) directing the payment in full of all such as that the obligation is fully secured. If such
administrative expenses incurred after the issuance of the arrangements are not feasible, the court shall modify the
stay order; (g) directing the payment of new loans or stay order to allow the secured creditor lacking adequate
other forms of credit accommodations obtained for the protection to enforce its claim against the debtor;
rehabilitation of the debtor with prior court approval; (h) provided, however, that the court may deny the creditor
fixing the dates of the initial hearing on the petition not the remedies in this paragraph if such remedies would
earlier than forty-five (45) days but not later than sixty (60) prevent the continuation of the debtor as a going
days from the filing thereof; (I) directing the petitioner to concern or otherwise prevent the approval and
publish the Order in a newspaper of general circulation in implementation of a rehabilitation plan.
the Philippines once a week for two (2) consecutive Section 11. Qualifications of Rehabilitation Receiver. -
weeks; (j) directing the petitioner to furnish a copy of the (a) In the appointment of the rehabilitation receiver, the
petition and its annexes, as well as the stay order, to the following qualifications shall be taken into consideration
creditors named in the petition and the appropriate by the court:
regulatory agencies such as, but not limited to, the
Securities and Exchange Commission, the Bangko Sentral (1) Expertise and acumen to manage and operate a
ng Pilipinas, the Insurance Commission, the National business similar in size and complexity to that of the
Telecommunications Commission, the Housing and Land debtor;
Use Regulatory Board and the Energy Regulatory (2) Knowledge in management, finance and
Commission; (k) directing the petitioner that foreign rehabilitation of distressed companies;
creditors with no known addresses in the Philippines be
individually given a copy of the stay order at their foreign (3) General familiarity with the rights of creditors in
addresses; (l) directing all creditors and all interested suspension of payments or rehabilitation and general
parties (including the regulatory agencies concerned) to



understanding of the duties and obligations of a performing his functions and duties as rehabilitation
rehabilitation receiver; receiver;
(4) Good moral character, independence and integrity; (j) To monitor the operations of the debtor and to
(5) Lack of conflict of interest as defined in this Section; immediately report to the court any material adverse
and change in the debtor's business;
(6) Willingness and ability to file a bond in such amount (k) To evaluate the existing assets and liabilities, earnings
as may be determined by the court. and operations of the debtor;
(b) Without limiting the generality of the following, a (l) To determine and recommend to the court the best
rehabilitation receiver may be deemed to have a conflict way to salvage and protect the interests of the creditors,
of interest if: stockholders and the general public;
(1) He is creditor or stockholder of the debtor; (m) To study the rehabilitation plan proposed by the
debtor or any rehabilitation plan submitted during the
(2) He is engaged in a line of business which competes proceedings, together with any comments made
with the debtor; thereon;
(3) He is, or was within two (2) years from the filing of the (n) To prohibit and report to the court any encumbrance,
petition, a director, officer, or employee or the auditor or transfer or disposition of the debtor's property outside of
accountant of the debtor; the ordinary course of business or what is allowed by the
(4) He is or was within two (2) years from the filing of the court;
petition, an underwriter of the outstanding securities of (o) To prohibit and report to the court any payments
the debtor; outside of the ordinary course of business;
(5) He is related by consanguinity or affinity within the (p) To have unlimited access to the debtor's employees,
fourth civil degree to any creditor, stockholder, director, premises, books, records and financial documents during
officer, employee, or underwriter of the debtor; or business hours;
(6) He has any other direct or indirect material interest in (q) To inspect, copy, photocopy or photograph any
the debtor or any creditor. document, paper, book, account or letter, whether in the
Section 12. Powers and Functions of Rehabilitation possession of the debtor or other persons;
Receiver. - The rehabilitation receiver shall not take over (r) To gain entry into any property for the purpose of
the management and control of the debtor but shall inspecting, measuring, surveying or photographing it or
closely oversee and monitor the operations of the debtor any designated relevant object or operation thereon;
during the pendency of the proceedings. For this
purpose, the rehabilitation receiver shall have the powers, (s) To take possession, control and custody of the debtor's
duties and functions of a receiver under Presidential assets;
Decree No. 902-A, as amended, and the Rules of Court. (t) To notify counterparties and the court as to contracts
The rehabilitation receiver shall be considered as an that the debtor has decided to continue to perform the
officer of the court. He shall be primarily tasked to study breach;
the best way to rehabilitate the debtor and to ensure that (u) To be notified of and to attend all meetings of the
the value of the debtor's property is reasonably board of directors and stockholder of the debtor;
maintained pending the determination of whether or not (v) To recommend any modification of an approved
the debtor should be rehabilitated, as well as implement rehabilitation plan as he may deem appropriate;
the rehabilitation plan after its approval. Accordingly, he
shall have the following powers and functions: (w) To bring to the attention of the court any material
change affecting the debtor's ability to meet the
(a) To verify the accuracy of the petition, including its obligations under the rehabilitation plan;
annexes such as the Schedule of Debts and Liabilities and
the Inventory of Assets submitted in support to the (x) To recommend the appointment of a management
petition; committee in the cases provided for under Presidential
Decree No. 902-A, as amended;
(b) To accept and incorporate, when justified,
amendments to the Schedule of Debts and Liabilities; (y) To recommend the termination of the proceedings
and the dissolution of the debtor if he determines that
(c) To recommend to the court the disallowance of claims the continuance in business of such entity is no longer
and rejection of amendments t the Schedule of Debts feasible or profitable or no longer works to the best
and Liabilities that lack sufficient proof and justification; interest of the stockholders, parties-litigants, creditors or
(d) To submit to the court and make available for review the general public;
by the creditors, a revised Schedule of Debts and (z) To apply to the court for any order or directive that he
Liabilities; may deem necessary or desirable to aid him in the
(e) To investigate the acts, conduct, properties, liabilities exercise of his powers and performance of his duties and
and financial condition of the debtor, the operation of its functions; and
business and the desirability of the continuance thereof; (aa) To exercise such other powers as may from time to
and, any other matter relevant to the proceeding or to the time be conferred upon him by the court.
formulation of a rehabilitation plan;
Section 13. Oath and Bond. - Before entering upon his
(f) To examine under oath the directors and officers of the powers, duties and functions, the rehabilitation receiver
debtor and any other witnesses that he may deem must be sworn in to perform them faithfully, and must
appropriate; post a bond executed in favor of the debtor in such sum
(g) To make available to the creditors documents and as the court may direct, to guarantee that he will faithfully
notices necessary for them to follow and participate in discharge his duties and obey the orders of the court. If
the proceedings; necessary, he shall also declare under oath that he will
(h) To report to the court any fact ascertained by him perform the duties of a trustee of the assets of the debtor,
pertaining to the causes of the debtor's problems, fraud, will act honestly and in good faith, and deal with the
preferences, dispositions, encumbrances, misconduct, assets of the debtor on a commercially reasonable
mismanagement and irregularities committed by the manner.
stockholders, directors, management,, or any other Section 14. Fees and Expenses. - The rehabilitation
person against the debtor; receiver and the persons hired by him shall be entitled to
(i) To employ such person or persons such as lawyers, reasonable professional fees and reimbursement of
accountants, appraisers and staff are necessary in



expenses which shall be considered as administrative court, such alteration or modification is necessary to
expenses. achieve the desired targets or goals set forth therein.
Section 15. Immunity from Suit. - The rehabilitation Section 23. Termination of Proceedings. - The court shall,
receiver shall not be subject to any action, claim or upon motion or upon recommendation of the
demand in connection with any act done or omitted by rehabilitation receiver, terminate the proceeding in any of
him in good faith in the exercise of his functions and the following cases:
powers herein conferred. (a) Dismissal of the petition;
Section 16. Reports. - The rehabilitation receiver shall file (b) Failure of the debtor to submit the rehabilitation plan;
a written report every three (3) months to the court or as
often as the court may require on the general condition (c) Disapproval of the rehabilitation plan by the court;
of the debtor. The report shall include, at the minimum, (d) Failure to achieve the desired targets or goals as set
interim financial statements of the debtor. forth in the rehabilitation plan;
Section 17. Dismissal of Rehabilitation Receiver. - A (e) Failure of the debtor to perform its obligations under
rehabilitation receiver may, upon motion, be dismissed by the plan;
the court on the following grounds: (a) if he fails, without
just cause, to perform any of his powers and functions (f) Determination that the rehabilitation plan may no
under these Rules; or (b) on any of the grounds for longer be implemented in accordance with its terms,
removing a trustee under the general principles of trusts. conditions, restrictions or assumptions; or
Section 18. Rehabilitation Plan. - The rehabilitation plan (g) Successful implementation of the rehabilitation plan.
shall include (a) the desired business targets or goals and Section 24. Discharge of Rehabilitation Receiver. - Upon
the duration and coverage of the rehabilitation; (b) the termination of the rehabilitation proceedings, the
terms and conditions of such rehabilitation which shall rehabilitation receiver shall submit his final report and
include the manner of its implementation, giving due accounting with such period of time as the court will
regard to the interests of secured creditors such as, but allow him. Upon approval of his report and accounting,
not limited, to the non-impairment of their security liens the court shall order his discharge.
or interests; (c) the material financial commitments to
support the rehabilitation plan; (d) the means for the
execution of the rehabilitation plan, which may include RULE 4 DEBTOR-INITIATED REHABILITATION
debt to equity conversion, restructuring of the debts,
Section 1. Who May Petition. - Any debtor who foresees
dacion en pago or sale exchange or any disposition of
the impossibility of meeting its debts when they
assets or of the interest of shareholders, partners or
respectively fall due, may petition the proper regional trial
members; (e) a liquidation analysis setting out for each
court for rehabilitation.
creditor that the present value of payments it would
receive under the plan is more than that which it would A group of companies may jointly file a petition for
receive if the assets of the debtor were sold by a liquidator rehabilitation under these Rules when one or more of its
within a six-month period from the estimated date of constituent corporations foresee the impossibility of
filing of the petition; and (f) such other relevant meeting debts when they respectively fall due, and the
information to enable a reasonable investor to make an financial distress would likely adversely affect the
informed decision on the feasibility of the rehabilitation financial condition and/or operations of the other
plan. member companies of the group is essential under the
terms and conditions of the proposed rehabilitation plan.
Section 19. Repayment Period. - If the rehabilitation plan
extends the period for the debtor to pay its contractual Section 2. Contents of Petition. -
obligations, the new period should not extend beyond (a) The petition filed by the debtor must be verified and
fifteen (15) years from the expiration of the stipulated must set forth with sufficient particularity all the
term existing at the time of filing of the petition. following material facts: (1) the name and business of the
Section 20. Effects of Rehabilitation Plan. - The approval debtor; (2) the nature of the business of the debtor; (3) the
of the rehabilitation plan by the court shall result in the history of the debtor; (4) the cause of its inability to pay its
following: debts; (5) all the pending actions or proceedings known
to the debtor and the courts or tribunals where they are
(a) The plan and its provisions shall be binding upon the
pending; (6) threats or demands to enforce claims or liens
debtor and all persons who may be affected thereby,
against the debtor; and (7) the manner by which the
including the creditors, whether or not such persons have
debtor may be rehabilitated and how such rehabilitation
participated in the proceedings or opposed the plan or
may benefit the general body of creditors, employees and
whether or not their claims have been scheduled;
stockholders.
(b) The debtor shall comply with the provisions of the
(b) The petition shall be accompanied by the following
plan and shall take all actions necessary to carry out the
documents:
plan;
(1) An audited financial statement of the debtor at the
(c) Payments shall be made to the creditors in accordance
end of its last fiscal year;
with the provisions of the plan;
(2) Interim financial statements as of the end of the
(d) Contracts and other arrangements between the
month prior to the filing of the petition;
debtor and its creditors shall be interpreted as continuing
to apply to the extent that they do not conflict with the (3) A Schedule of Debts and Liabilities which lists all the
provisions of the plan; and creditors of the debtor, indicating the name and last
address of record of each creditor; the amount of each
(e) Any compromises on amounts or rescheduling of
claim as to principal, interest, or penalties due as of the
timing of payments by the debtor shall be binding on
date of filing; the nature of the claim; and any pledge,
creditors regardless of whether or not the plan is
lien, mortgage judgement or other security given for the
successfully implemented.
payment thereof;
Section 21. Revocation of Rehabilitation Plan on Grounds
(4) An Inventory of Assets which must list with reasonable
of Fraud. - Upon motion, within ninety (90) days from the
specificity all the assets of the debtor, stating the nature
approval of the rehabilitation plan, and after notice and
of each asset, the location and condition thereof, the
hearing, the court may revoke the approval thereof on the
book value or market value of the asset, and attaching
ground that the same was secured through fraud.
the corresponding certificate of title thereof in case of
Section 22. Alteration or Modification of Rehabilitation real property, or the evidence of title or ownership in case
Plan. - An approved rehabilitation plan may, upon of movable property, the encumbrances, liens or claims
motion, be altered or modified if, in the judgement of the thereon, if any, and the identities and addresses of the



lienholders and claimants. The Inventory shall include a property, estate, effects or rights of action, and petitioner,
Schedule of Accounts Receivable which must indicate the its officers, directors and stockholders have not in any
amount of each, the persons from who due, the date of way compounded with any of its creditors in order to give
maturity and the degree of collectibility categorizing preference to such creditors, or to receive or to accept any
them as highly collectible to remotely collectible; profit or advantage therefrom, or to defraud or deceive in
(5) A rehabilitation plan which conforms with the minimal any manner any creditor to whom petitioner is indebted.
requirements set out in Section 18 of Rule 3; Petitioner, its officers, directors, and stockholders have
been acting in good faith and with due diligence.
(6) A Schedule of Payments and Disposition of Assets
which the debtor may have effected within three (3) Section 4. Opposition to or Comment on Petition. - Every
months immediately preceding the filing of the petition; creditor of the debtor or any interested party shall file his
verified opposition to or comment on the petition not
(7) A Schedule of Cash Flow of the debtor for three (3) later than fifteen (15) days before the date of the initial
months immediately preceding the filing of the petition, hearing fixed in the stay order. After such time, no
and a detailed schedule of the projected cash flow for the creditor or interested party shall be allowed to file any
succeeding three (3) months; comment thereon or opposition thereto without leave of
(8) A Statement of Possible Claims by or against the court.
debtor which must contain a brief statement of the facts If the Schedule of Debts and Liabilities omits a claim or
which might give rise to the claim and an estimate of the liability, the creditor concerned shall attach to its
probable amount thereof; comment or opposition a verified statement of the
(9) An Affidavit of General Financial Condition which shall obligations allegedly due it.
contain answers to the questions or matters prescribed in Section 5. Initial Hearing. -
Annex "A" hereof;
(a) On or before the initial hearing set in the order
(10) At least three (3) nominees for the position of mentioned in Section 7 of Rule 3, the petitioner shall file a
rehabilitation receiver as well as their qualifications and publisher's affidavit showing that the publication
addresses, including but not limited to their telephone requirements and a petitioner's affidavit showing that the
numbers, fax numbers and e-mail address; and notification requirement for foreign creditors had been
(11) A certificate attesting under oath that (i) the filing of complied with, as required in the stay order.
the petition has been duly authorized; and (ii) the (b) Before proceeding with the initial hearing, the court
directors and stockholders of the debtor have irrevocably shall determine whether the jurisdictional requirements
approved and/or consented to, in accordance with set forth above had been complied with. After finding
existing laws, all actions or matters necessary and that such requirements are met, the court shall ensure
desirable to rehabilitate the debtor including, but not that the parties consider in detail all of the following:
limited to, amendments to the articles of incorporation
and by-laws or articles of partnership; increase or (1) Amendments to the rehabilitation plan proposed by
decrease in the authorized capital stock; issuance of the debtor;
bonded indebtedness; alienation, transfer, or (2) Simplification of the issues;
encumbrance of assets of the debtor; and modification of (3) The possibility of obtaining stipulations and admission
shareholders' rights. of facts and documents, including resort to request for
(c) Five (5) copies of the petition shall be filed with the admission under Rule 26 of the Rule of Court;
court. (4) The possibility of amicably agreeing on any issue
Section 3. Verification by Debtor. - The petition filed by brought up in the comments on, or opposition to, the
the debtor must be verified by an affidavit of a petition;
responsible officer of the debtor and shall be in a form (5) Referral of any accounting, financial and other
substantially as follows: technical issues to an expert;
"I, ___________________, (position) of (name of petitioner), (6) The possibility of submitting the petition for decision
do solemnly swear that the petitioner has been duly on the basis of the comments, opposition, affidavit and
authorized to file the petition and that the stockholders other documents on record;
and board of directors (or governing body) have approved
and/or consented to, accordance with law, all actions or (7) The possibility of a new rehabilitation plan voluntarily
matters necessary or desirable to rehabilitate the debtor. agreed upon by the debtor and its creditors; and
The petition is being filed to protect the interests of the (8) Such other matters as may aid in the speedy and
debtor, the stockholders, the inventors and the creditors summary disposition of the case.
of the debtor, which warrant the appointment of a
rehabilitation receiver. There is no petition for insolvency Section 6. Additional Hearings. - The court may hold
filed with any other body, court of tribunal affecting the additional hearings as part of the initial hearing
petitioner. The Inventory of Assets and the Schedule of contemplated in these Rules but the initial hearing must
Debts and Liabilities contains a full, correct and true be concluded not later than ninety (90) days from the
description of all debts and liabilities and of all goods, initial date of the initial hearing fixed in the stay order.
effects, estate and property of whatever kind of class Section 7. Order After Initial Hearing. -
belonging to petitioner. The Inventory also contains a full,
correct and true statement of all debts owing or due to (a) Within twenty (20) days after the last hearing, the
petitioner, or to any person or persons in trust for court shall issue an order which shall:
petitioner and of all securities and contracts whereby any (1) Give due course to the petition and immediately refer
money may hereafter become due or payable to the petition and its annexes to the rehabilitation receiver
petitioner or by or through which any benefit or who shall evaluate the rehabilitation plan and submit his
advantage may accrue to petitioner. The petition contains recommendations to the court not later than ninety (90)
a concise statement of the facts giving rise, or which days from the date of the last initial hearing, if the court is
might give rise, to any cause of action in favor of satisfied that there is merit to the petition, otherwise the
petitioner. Petitioner has no land, money, stock, court shall immediately dismiss the petition; and
expectancy, or property of any kind, except those set forth (2) Recite in detail the matters taken up in the initial
in the Inventory of Assets. Petitioner has, in no instance, hearing and the action taken thereon, including a
created or acknowledged a debt for a greater sum than substitute rehabilitation plan contemplated in Sections 5
the true and correct amount. Petitioner, its officers, (b)(7) and (8) of this Rule;
directors and stockholders have not, directly or indirectly,
concealed, fraudulently sold or otherwise fraudulently (b) If the debtor and creditors agree on a new
disposed of, any part of petitioner's real or personal rehabilitation plan pursuant to Section 5 (b)(7) of this


Rule, the order shall so state the fact and require the protection and preservation of the interests of the
rehabilitation receiver to supply the details of the plan creditors should the plan fall.
and submit it for the approval of the court not later than Section 12. Period to Decide Petition. - The court shall
sixty (6) days from the date of the last initial hearing. The decide the petition within one (1) year from the date of
court shall approve the new rehabilitation plan not later filing of the petition, unless the court, for good cause
than ninety (90) days from the date of the last initial shown, is able to secure an extension of the period from
hearing upon concurrence of the following: the Supreme Court.
(1) Approval or endorsement of creditors holding at least
two-thirds (2/3) of the total liabilities of the debtor
including secured creditors holding more than fifty RULE 5 CREDITOR-INITIATED REHABILITATION
percent (50%) of the total secured claims of the debtor Section 1. Who May Petition. - Any creditor or creditors
and unsecured creditors holding more than fifty percent holding at least twenty percent (20%) of the debtor's total
(50%) of the total unsecured claims of the debtor; liabilities may file a petition with the proper regional trial
(2) The rehabilitation plan complies with the court for rehabilitation of a debtor that cannot meet its
requirements specified in Section 18 of Rule 3; debts as they respectively fall due.
(3) The rehabilitation plan would provide the objecting Section 2. Requirements for Creditor-Initiated Petitions. -
class of creditors with payments whose present value Where the petition is filed by a creditor or creditors under
projected in the plan would be greater than that which this Rule, it is sufficient that the petition is accompanied
they would have received if the assets of the debtor were by a rehabilitation plan and a list of at least three (3)
sold by a liquidator within a six (6) month period from the nominees to the position of rehabilitation receiver and
date of filing of the petition; and verified by a sworn statement that the affiant has read
the petition and that its contents are true and correct of
(4) The rehabilitation receiver has recommended
his personal knowledge or based on authentic records
approval of the plan.
and that the petition is being filed to protect the interests
The approval by the court of the new rehabilitation plan of the debtor, the stockholders, the investors and the
shall have the same effect as approval of a rehabilitation creditors of the debtor.
plan under Section 20 of Rule 3.
Section 3. Applicability of Provisions Relating to
Section 8. Creditors' Meetings. - If no new rehabilitation Debtor-Initiated Rehabilitation. - The provisions of
plan is agreed upon by the debtor and the creditors, the Sections 5 to 12 of Rule 4 shall apply to rehabilitation
rehabilitation receiver, at any time before he submits his under this Rule.
evaluation on the debtor-proposed rehabilitation plan to
the court as prescribed in Section 7(a)(1) of this Rule, shall,
either alone or with the debtor, meet with the creditors or RULE 6 PRE-NEGOTIATED REHABILITATION
any interested party t discuss the plan with a view to Section 1. Pre-negotiated Rehabilitation Plan. - A debtor
clarifying or resolving any matter connected therewith. that foresees the impossibility of meeting its debts as
Section 9. Comments on or Opposition to Rehabilitation they fall due may, by itself or jointly with any of its
Plan. - Any creditor or interested party of record may file creditors, file a verified petition for the approval of a
comments on or opposition to the proposed pre-negotiated rehabilitation plan. The petition shall
rehabilitation plan, with a copy given to the rehabilitation comply with Section 2 of Rule 4 and be supported by an
receiver, not later than sixty (60) days from the date of the affidavit showing the written approval or endorsement of
last initial hearing. The court shall conduct summary and creditors holding at least two-thirds (2/3) of the total
non-adversarial proceedings to receive evidence, if liabilities of the debtor, including secured creditors
necessary, in hearing the comments on and opposition to holding more than fifty percent (50%) of the total secured
the plan. claims of the debtor and unsecured creditors holding
Section 10. modification of Proposed Rehabilitation Plan. more than fifty percent (50%) of the total unsecured
- The debtor may modify its rehabilitation plan in the light claims of the debtor.
of the comments of the rehabilitation receiver and Section 2. Issuance of Order. - If the court finds the
creditors or any interested party and submit a revised or petition sufficient in form and substance, it shall, not later
substitute rehabilitation plan for the final approval of the than five (5) working days from the filing of the petition,
court. Such rehabilitation plan must be submitted to the issue an order which shall:
court not later than ten (10) moths from the date of filing (a) Identify the debtor, its principal business or activity/ies
of the petition. and its principal place of business;
Section 11. Approval of Rehabilitation Plan. - The court (b) Direct the publication of the order in a newspaper of
may approve a rehabilitation plan even over the general circulation once a week for at least two (2)
opposition of creditors of the debtor if, in its judgement, consecutive weeks, with the first publication to be made
the rehabilitation of the debtor is feasible and the within seven (7) days from the time of its issuance;
opposition of the creditors is manifestly unreasonable if
the following are present: (c) Direct the service by personal delivery of a copy of the
petition on each creditor who is not a petitioner holding
(a) The rehabilitation plan complies with the at least five percent (5%) of the total liabilities of the
requirements specified in Section 18 of Rule 3; debtor, as determined in the schedule attached to the
(b) The rehabilitation plan would provide the objecting petition, within three (3) days;
class of creditors with payments whose present value (d) Direct the petitioner to furnish a copy of the petition
projected in the plan would be greater than that which and its annexes, as well as the stay order, to the relevant
they would have received if the assets of the debtor were regulatory agency;
sold by a liquidator within a six (6)-month period from the
date of filing of the petition; and (e) State that copies of the petition and the rehabilitation
plan are available for examination and copying by any
(c) The rehabilitation receiver has recommended approval interested party;
of the plan.
(f) Direct creditors and other parties interested (including
In approving the rehabilitation plan, the court shall the Securities and Exchange Commission and the
ensure that the rights of the secured creditors are not relevant regulatory agencies such as, but not limited to,
impaired. The court shall also issue the necessary orders the Bangko Sentral ng Pilipinas, the Insurance
or processes for its immediate and successful Commission, the National Telecommunications
implementation. it may impose such terms, conditions, or Commission, the Housing and Land Use Regulatory
restrictions as the effective implementation and Board and the Energy Regulatory Commission) in
monitoring thereof may reasonably require, or for the opposing the petition or rehabilitation plan to file their



verified objections thereto or comments thereon within a Section 7. Effects of Approval of Rehabilitation Plan. -
period of not later than twenty (20) days from the second Approval of the rehabilitation plan under this Rule shall
publication of the order, with a warning that failure to do have the same legal effect as approval of a rehabilitation
so will bar them from participating in the proceedings; plan under Section 20 of Rule 3.
(g) Appoint the rehabilitation receiver named in the plan, Section 8. Revocation of Approved Rehabilitation Plan. -
unless the court finds that he is not qualified under these Not later than thirty (30) days from the approval of a
Rules in which case it may appoint a qualified rehabilitation plan under this Rule, the plan may, upon
rehabilitation receiver of its choice; motion and after notice and hearing, be revoked on the
(h) Stay enforcement of all claims, whether for money or ground that the approval was secured by fraud or that
otherwise and whether such enforcement is by court the petitioner has failed to cure the defect ordered by the
action or otherwise, against the debtor, its guarantors court pursuant to Section 5 of this Rule.
and persons not solidarily liable with the debtor; provided, Section 9. Effect of Rule on Pending Petitions. - Any
that the stay order shall not cover claims against letters of pending petition for rehabilitation that has not
credit and similar security arrangements issued by a third undergone the initial hearing prescribed under the
party to secure the payment of the debtor's obligations; Interim Rules of Procedure for Corporate Rehabilitation at
provided further, that the stay order shall not cover the time of the effectivity of these Rules may be
foreclosure by a creditor of property not belonging to a converted into a rehabilitation proceeding under this
debtor under corporate rehabilitation; provided, however, Rule.
that where the owner of such property sought to be
foreclosed is also a guarantor or one who is not solidarily
liable, said owner shall be entitled to be benefit of RULE 7 RECOGNITION OF FOREIGN
excussion as such guarantor; PROCEEDINGS
(i) Prohibit the debtor from selling, encumbering, Section 1. Scope of Application. - This Rule applies where
transferring, or disposing in any manner any of its (a) assistance is sought in a Philippine court by a foreign
properties except in the ordinary course of business; court or a foreign representative in connection with a
(j) Prohibit the debtor from making any payment of its foreign proceeding; (b) assistance is sought in a foreign
liabilities outstanding as of the date of filing of the State in connection with a domestic proceeding
petition; governed by these Rules; or (c) a foreign proceeding and
a domestic proceeding are concurrently taking place.
(k) Prohibit the debtor's suppliers of goods or services
from withholding supply of goods and services in the The sole fact that a petition is filed pursuant to this Rule
ordinary course of business for as long as the debtor does not subject the foreign representative or the foreign
makes payments for the services and goods supplied assets and affairs of the debtor to the jurisdiction of the
after the issuance of the stay order; local courts for any purpose other than the petition.
(l) Direct the payment in full of all administrative Section 2. Non-Recognition of Foreign Proceeding. -
expenses incurred after the issuance of the stay order; Nothing in this Rule prevents the court from refusing to
and take an action governed by this Rule if (a) the action
would be manifestly contrary to the public policy of the
(m) Direct the payment of new loans or other forms of Philippines; and (b) if the court finds that the country of
credit accommodations obtained for the rehabilitation of which the petitioner is a national does not grant
the debtor with prior court approval. recognition to a Philippine rehabilitation proceeding in a
Section 3. Approval of Plan. - Within ten (10) days from manner substantially in accordance with this Rule.
the date of the second publication of the order referred to Section 3. Petition for Recognition of Foreign Proceeding.
in Section 2 of this Rule, the court shall approve the - A foreign representative may apply with the Regional
rehabilitation plan unless a creditor or other interested Trial Court where the debtor resides for recognition of the
party submits a verified objection to it in accordance with foreign proceeding in which the foreign representative
the next succeeding section. has been appointed.
Section 4. Objection to Petition or Rehabilitation Plan. - A petition for recognition shall be accompanied by:
Any creditor or other interested party may submit to the
court a verified objection to the petition or the (a) A certified copy of the decision commencing the
rehabilitation plan. The objection shall be limited to the foreign proceeding and appointing the foreign
following: representative; or
(a) The petition or the rehabilitation plan or their (b) A certificate from the foreign court affirming the
attachments contain material omissions or are materially existence of the foreign proceeding and of the
false or misleading; appointment of the foreign representative; or
(b) The terms of rehabilitation are unattainable; or (c) In the absence of evidence referred to in subparagraph
(a) and (b), any other evidence acceptable to the court of
(c) The approval or endorsement of creditors required the existence of the foreign proceeding and of the
under Section 1 of this Rule has not been obtained appointment of the foreign representative.
Copies of any objection to the petition or the Section 4. Recognition of Foreign Proceeding. - A foreign
rehabilitation plan shall be served on the petitioning proceeding shall be recognized if:
debtor and/or creditors.
(a) The proceeding is a foreign proceeding as defined
Section 5. Hearing on Objections. - The court shall set the herein;
case for hearing not earlier than ten (10) days and no
longer than twenty (20) days from the date of the second (b) The person or body applying for recognition is a
publication of the order mentioned in Section 2 of this foreign representative as defined herein; and
Rule on the objections is in accordance with the (c) The petition meets the requirements of Section 3 of
immediately preceding section, it shall direct the this Rule;
petitioner to cure the defect within a period fifteen (15)
days from receipt of the order. Section 5. Period to Recognize Foreign Proceeding. - A
petition for recognition of a foreign proceeding shall be
Section 6. Period for Approval of Rehabilitation Plan. - decided within thirty (30) days from the filing thereof.
The court shall decide the petition not later than one
hundred twenty (120) days from the date of the filing of Section 6. Notification to Court. - From the time of filing
the petition. If the court fails to do so within said period, the petition for recognition f the foreign proceeding, the
the rehabilitation plan shall be deemed approved. foreign representative shall inform the court promptly of:


(a) Any substantial change in the status of the foreign Section 10. Protection of Creditors and Other Interested
proceeding or the status of the foreign representative's Persons. -
appointment; and (a) In granting or denying relief under this Rule or in
(b) Any other foreign proceeding regarding the same modifying or terminating the relief under paragraph (c) of
debtor that becomes known to the foreign this Section, the court must be satisfied that the interests
representative. of the creditors and other interested persons, including
Section 7. Provisional Relief that May be Granted upon the debtor, are adequately protected.
Application for Recognition of Foreign Proceeding. - (b) The court may subject the relief granted under
From the time of filing a petition for recognition until the Section 7 or Section 9. Of this Rule to conditions it
same is decided upon, the court may, upon motion of the considers appropriate.
foreign representative where relief is urgently needed to (c) The court may, upon motion of the foreign
protect the assets of the debtor or the interests of the representative or a person affected by the relief granted
creditors, grant relief of a provisional nature, including: under Section 7 or Section 9 of this Rule, or on its own
(a) Staying execution against the debtor's assets; motion, modify or terminate such relief.
(b) Entrusting the administration or realization of all or Section 11. Actions to Avoid Acts Detrimental to Creditors.
part of the debtor's assets located in the Philippines to - Upon recognition of a foreign proceeding, the foreign
the foreign representative or another person designated representative acquires the standing to initiate actions to
by the court in order to protect and preserve the value of avoid or otherwise render ineffective acts detrimental to
assets that, by their nature or because of other creditors that are available under these Rules.
circumstances, are perishable, susceptible to devaluation Section 12. Intervention by Foreign Representative in
or otherwise in jeopardy; Philippine Proceedings. - Upon recognition of a foreign
(c) Any relief mentioned in Section 9(a)(1), (2) and (7) of proceeding, the foreign representative may intervene in
this Rule. any action or proceeding in the Philippines in which the
Section 8. Effects of Recognition of Foreign Proceeding. - debtor is a party.
Upon recognition of a foreign proceeding: Section 13. Cooperation and Direct Communication with
(a) Commencement or continuation of individual actions Foreign Courts and Foreign Representatives. - In matters
or individual proceedings concerning the debtor's assets, covered by this Rule, the court shall cooperate to the
rights, obligations or liabilities is stayed; provided, that maximum extent possible with foreign courts or foreign
such stay does not affect the right to commence representatives.
individual actions or proceedings to the extent necessary The court is entitled to communicate directly with, or
to preserve a claim against the debtor. request information or assistance directly from, foreign
(b) Execution against the debtor's assets is stayed; and courts or foreign representatives.
(c) The right to transfer, encumber or otherwise dispose Section 14. Forms of Cooperation. - Cooperation may be
of any assets of the debtor is suspended. implemented by any appropriate means, including but
not limited to the following:
Section 9. Relief That May be Granted After Recognition
of Foreign Proceeding. - (a) Appointment of a person or body to act at the
discretion of the court;
(a) Upon recognition of a foreign proceeding, where
necessary to protect the assets of the debtor or the (b) Communication of information by any means
interests of the creditors, the court may, upon motion of considered appropriate by the court;
the foreign representative, grant any appropriate relief (c) Coordination of the administration and supervision of
including: the debtor's assets and affairs;
(1) Staying the commencement or continuation of (d) Approval or implementation by courts of agreements
individual actions or individual proceedings concerning concerning the coordination of proceedings;
the debtor's assets, rights, obligations or liabilities to the (e) Coordination of concurrent proceedings regarding the
extent they have not been stayed under Section 8(a) of same debtor;
this Rule;
(f) Suspension of proceedings against the debtor;
(2) Staying execution against the debtor's assets to the
extent it has not been stayed under Section 8(b) of this (g) Limiting the relief of assets that should be
Rule; administered in a foreign proceeding pending in a
jurisdiction other than the place where the debtor has its
(3) Suspending the right to transfer, encumber or principal place of business (foreign non-main proceeding)
otherwise dispose of any assets of the debtor to the or information required in that proceeding; and
extent this right has not been suspended under Section
8(c) of this Rule; (h) Implementation of rehabilitation or re-organization
plan for the debtor.
(4) Providing for the examination of witnesses, the taking
of evidence or the delivery of information concerning the Nothing in this Rule limits the power of the court to
debtor's assets, affairs, rights, obligations or liabilities; provide additional assistance to the foreign
representative under other applicable laws.
(5) Entrusting the administration or realization of all or
part of the debtor's assets located in the Philippines to Section 15. Commencement of Local Proceeding after
the foreign representative or another person designated Recognition of Foreign Proceeding. - After the
by the court; recognition of a foreign proceeding, a local proceeding
under these Rules may be commenced only if the debtor
(6) Extending the relief granted under Section 7 of this is doing business in the Philippines, the effects of the
Rule; proceedings shall be restricted to the assets of the debtor
(7) Granting any additional relief that may be available to located in the country and, to the extent necessary to
the rehabilitation receiver under these laws. implement cooperation and coordination under Sections
(b) Upon recognition of a foreign proceeding, the court 13 and 14 of this Rule, to the other assets of the debtor
may, at the request of the foreign representative, entrust that, under local laws, must be administered in that
the distribution of all or part of the debtor's assets located proceeding.
in the Philippines to the foreign representative or another Section 16. Local and Foreign Proceedings. - Where a
person designated by the court; provided that the court is foreign proceeding and a local proceeding are taking
satisfied that the interests of local creditors are place concurrently regarding the same debtor, the court
adequately protected. shall seek cooperation and coordination under Section 13


and 14 of this Rule. Any relief granted to the foreign (16) Have all proper returns been made to the various
proceeding must be made consistent with the relief government agencies requiring same?
granted in the local proceeding. (17) When did the debtor first become aware of its
problems?
RULE 8 PROCEDURAL REMEDIES (18) Has the debtor within the twelve months preceding
the filing of the petition:
Section 1. Motion for Reconsideration. - A party may file a
motion for reconsideration of any order issued by the (a) made any payments, returned any goods or delivered
court prior to the approval of the rehabilitation plan. No any property to any of its creditors, except in the normal
relief can be extended to the party aggrieved by the course of business?
court's order on the motion through a special civil action (b) executed any mortgage, pledge, or security over any of
for certiorari under Rule 65 of the rules of Court. Such its properties in favor of any creditor?
order can only be elevated to the Court of Appeals as an
assigned error in the petition for review of the decision or (c) transferred or disposed of any of its properties in
order approving or disapproving the rehabilitation plan. payment of any debt?
An order issued after the approval of the rehabilitation (d) sold, disposed of, or removed any of its property
plan can de reviewed only through a special civil action except in the ordinary course of business?
for certiorari under Rule 65 of the Rules of Court. (e) sold any merchandise at less than fair market value or
Section 2. Review of Decision or Order on Rehabilitation purchased merchandise or services at more than fair
Plan. - an order approving or disapproving a market value?
rehabilitation plan can only be reviewed through a (f) made or been a party to any settlement of property in
petition for review to the Court of Appeals under Rule 43 favor of any person?
of the Rules of Court within fifteen (15) days from notice
of the decision or order. If, so, give particulars.
(19) Has the debtor recorded all sales or dispositions of
assets?
RULE 9 FINAL PROVISIONS
(20) What were the sales for the last three years and what
Section 1. Severability. - If any provision or section of percentage of the sales represented the profit or
these Rules is held invalid, the other provisions or sections markup?
shall not be affected thereby.
(21) What were the profits or losses for the debtor for the
Section 2. Transitory Provision. - Unless the court orders last three years?
otherwise to prevent manifest injustice, any pending
petition for rehabilitation that has not undergone the (22) What are the causes of the problems of the debtor?
initial hearing prescribed under the Interim Rules of Please provide particulars?
Procedure for Corporate Rehabilitation at the time of the (23) When did you first notice these problems and what
effectivity of these Rules shall be governed by these rules. actions did the debtor take to rectify them?
Section 3. Effectivity. - These Rules shall take effect on 16 (24) How much do you estimate is needed to rehabilitate
January 2009 following its publication in two (2) the debtor?
newspapers of general circulation in the Philippines. (25) Has any person expressed interest in investing new
money into the debtor?
ANNEX "A" AFFIDAVIT OF GENERAL FINANCIAL (26) Are there any pending and threatened legal actions
CONDITION against the debtor? If so, please provide particulars.
(1) Are you an officer of the debtor referred to in these (27) Has the debtor discussed any restructuring or
proceedings? repayment plan with any of the creditors? Please provide
status and details.
(2) What is your full name and what position do you hold
in the debtor? (28) Has any creditor expressed interest in restructuring
the debts of the debtor? If so, please give particulars.
(3) What is the full name of the debtor and what is the
address of its head office? (29) Have employees' wages and salaries been kept
current? If not, how much are in arrears and what time
(4) When was it formed or incorporated? period do the arrears represent?
(5) When did the debtor commence business? (30) Have obligation to the government and its agencies
(6) What is the nature of its business? What is the market been kept current? If not, how much are in arrears and
share of the debtor in the industry in which it is engaged? what time period do the arrears represent?
(7) Who are the parties, members, or stockholders? How
many employees?
A.M. No. 10-4-1-SC | 2010 RULES OF
(8) What is the capital of the debtor?
PROCEDURE FOR MUNICIPAL ELECTION
(9) What is the capital contribution and what is the
amount of the capital, paid and unpaid, of each of the CONTESTS
partners or shareholders?
(10) Do any of these people hold the shares in trust for
others?
RULE I SCOPE
(11) Who are the directors and officers of the debtors?
Section 1. Title and coverage. – These Rules shall be
(12) Has the debtor any subsidiary corporation? If so, give known and cited as The 2010 Rules of Procedure for
particulars? Municipal Election Contests.
(13) Has the debtor properly maintained its books and are These Rules shall apply to election contests under the
they updated? Automated Election System using the Precinct Count
(14) Were the books audited annually? Optical Scan, and shall govern the filing of pleadings,
(15) If so, what is the name of the auditor and when was practice and procedure in these contests.
the last audited statement drawn up? Section 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 the municipality the electronic form of which is the
for in these Rules. official canvass result in the municipality
Section 3. Explanation of terms. – For purposes of and as electronically-transmitted to a higher canvass level.
used in these Rules: (o) Certificate of Canvass and Proclamation – refers to the
(a) Courts – refers to the Regional Trial Court; official document in printed form, containing the names
of all candidates who obtained the highest number of
(b) Election – means the choice or selection of candidates votes in a particular municipality and certifying to these
for public office by popular vote through the use of the candidates’ proclamation as winners.
ballot. Specifically, it covers the conduct of the polls,
including the listing of voters, the holding of the electoral (p) Data Storage Device – refers to the device that stores
campaign, the casting and counting of ballots, the electronic documents from where data may be obtained
consolidation and transmission of results, and the when necessary to verify the accuracy and correctness of
canvassing of the returns; election data. The data storage device used in a PCOS
shall be under the custody and direct responsibility of the
(c) Automated Election System or AES – refers to an election officer after completion of the voting process. A
election system using the technology designated by the data storage device includes the back-up storage device
Commission on Elections (COMELEC) for voting, under COMELEC custody that likewise stores authentic
counting, consolidating, canvassing, transmission of electronic copies of data.
election results, and the returns;
(q) Audit Log – refers to the electronic document, stored
(d) Precinct Count Optical Scan or PCOS – refers to the in the PCOS machine’s data storage device, containing
machine as well as the technology using an optical ballot the list of all activities the PCOS machine performs from
scanner, located in every precinct, that scans or reads the time that it is powered on until it is turned off.
paper ballots that voters mark by hand and insert into the
scanner to be counted; (r) Electronic document – refers to the record of
information or the representation of information, data,
(e) Official ballot – refers to the paper ballot, capable of figures, symbols or other modes of written expression,
being optically scanned, with the pre-printed names of all described or however represented, by which a fact may
candidates and with ovals corresponding to each of the be proved and affirmed, which is received, recorded,
printed names. The ovals are the spaces where voters transmitted, stored, processed, retrieve or produced
express their choice through marking or shading using a electronically. It includes digitally-signed documents and
COMELEC-provided marking pen. any printout or output, readable by sight or other means,
(f) Picture Image of the Ballot – refers to the image of the that accurately reflects the electronic document.
ballot captured by the PCOS machine at the time the For purposes of these Rules, an electronic document
voter feeds his/her ballot, which image is later stored in a refers to either the picture image of the ballots or the
memory or removable data storage device attached to electronic copies of the election returns, the statements
the PCOS machines. of votes, the certificates of canvass, the audit log, and
(g) Election Return – refers to the document showing the other electronic data processed by the PCOS and
date of the election, the province, city, municipality and consolidation machines.
the precinct where voting is held, and the number of (s) Manual count of ballots – where voting using the AES
votes in figures for each candidate in a precinct or in ballots proceeded manually because the PCOS machines
clustered precincts. could not be used, votes shall be counted manually under
(h) Electronic Election Return – refers to the copy of the the guidelines provided by the COMELEC, and the courts
election return in electronic form, generated by the PCOS shall be guided accordingly.
machine, that is electronically transmitted to: (1) the (t) Election contests – refers to election protests or
Municipal Board of Canvassers for the official canvass; (2) petitions for quo warranto.
the COMELEC Back-Up Server; (3) the server for the
dominant majority party; (4) the server for dominant (u) Election protest – refers to an election contest
minority party; (5) server for the citizen’s arm authorized involving the election and returns of municipal elective
by the COMELEC to conduct a parallel count; and (6) the officials, grounded on fraud or irregularities committed in
Kapisanan ng mga Broadcaster sa Pilipinas or KBP. the conduct of the elections, i.e., in the casting and the
counting of the ballots, in the consolidation of votes and
(i) Printed Election Return – refers to the copy of the in the canvassing of returns, not otherwise classified as a
election return printed by the PCOS machine on paper, pre-proclamation controversy cognizable by the
and authenticated by the manual signatures and COMELEC. The issue is who obtained the plurality of valid
thumbmarks of the Board of Election Inspectors (BEI) votes cast.
members.
(v) Quo Warranto under the Omnibus Election Code –
(j) Electronic transmission – refers to the act of conveying refers to an election contest involving the qualifications
data in electronic form from one location to another. for office of an elective municipal official, on the ground
(k) Canvass proceedings – refers to the proceedings that of ineligibility or disloyalty to the Republic of the
involve the consolidation of precinct election results at Philippines. The issue is whether the respondent
the municipal level. The term also includes the formal possesses all the qualifications and none of the
proclamation of the election winners at the municipal disqualifications prescribed by law.
level. (w) Revision of ballots – refers to the recount of ballots
(l) Consolidation machine – refers to the machine used through their physical count; the segregation of ballots
during the canvass proceedings to consolidate at every for the protestant, the protestee and other candidates for
canvass level. the same position and the recording of the objections
and claims to these ballots.
(m) Statement of Votes by Precinct, Municipality, City,
District, Province, or Overseas Absentee Voting (OAV) (x) Promulgation – refers to the process of officially
Station -–refers to a document in electronic and in issuing the court’s decision or order in an election
printed form generated by consolidation machines or by contest.
computers during the canvass proceedings. This Section 4. Inherent powers of the court. – A regional trial
document records the votes obtained by candidates in court acting on an election contest shall have all the
each precinct, municipality, city, district, province, or OAV inherent powers of a court provided under Rule 135 of the
Station, as the case may be. Rules of Court, including the power to issue auxiliary
(n) Municipal Certificate of Canvass – refers to the writs, processes, and other means necessary to carry its
document in electronic and in printed form, containing authority or jurisdiction into effect and to adopt suitable
the total votes in figures obtained by each candidate in


processes not expressly provided by, but conformable law, shall suspend the running of the period for the filing
with, law, these Rules, or the Rules of Court. of an election protest or petition for quo warranto.
Section 5. Construction. – The Rules shall be liberally Section 9. COMELEC judgment in disqualification case. –
constructed to achieve a just, expeditious, and The decision of the COMELEC, either en banc or in
inexpensive determination and disposition of municipal division, in a disqualification case shall not be a bar to the
election contests. filing of a petition for quo warranto based on the same
ground, except when the Supreme Court has affirmed
the COMELEC decision.
RULE 2 ELECTION CONTESTS
Section 10. Contests of the protest or petition. – (a) An
Section 1. Jurisdiction of regional trial courts. – Regional election protest or petition for quo warranto shall
trial courts shall have exclusive original jurisdiction over all commonly and specifically state the following facts:
election contests involving municipal officials.
(i) the position involved;
Section 2. How initiated. – An election contest is initiated
(ii) the date of proclamation; and
by the filing of an election protest or a petition for quo
warranto against an elective municipal official. An (iii) the number of votes credited to the parties per the
election protest or a petition for quo warranto shall be proclamation.
filed directly with the court in three legible copies plus (b) A quo warranto petition shall also state:
such number of copies corresponding to the number of
protestees or respondents. (i) if the petitioner is not a candidate for the same
municipal position, the facts giving the petitioner
An election protest shall not include a petition for quo standing to file the petition;
warranto, nor shall a petition for quo warranto include an
election protest. (ii) the qualifications for the municipal office and the
disqualifications prescribed by law;
Section 3. Modes of service and filing. – Service and filing
of pleadings, including the initiatory petition and other (iii) the petitioner’s cited ground for ineligibility or the
subsequent papers, shall be done personally. Except for specific acts of disloyalty to the Republic of the
papers emanating from the court, resort to other modes Philippines.
of service must be accompanied by a written explanation (c) An election protest shall also state:
why the service or filing was not done personally. A
pleading or motion violating this Rule shall be considered (i) that the protestant was a candidate who had duly filed
not to have been filed. a certificate of candidacy and had been voted for the
same office;
Section 4. Election protest. – A petition contesting the
election or returns for an elective municipal office shall be (ii) the total number of precincts in the municipality;
filed with the proper Regional Trial Court by an candidate (iii) the protested precincts and votes of the parties are
who was voted for the same office and who received the not specified, an explanation why the votes are not
second or third-highest number of votes or, in a multi-slot specified; and
position, was among the next four candidates following
(iv) a detailed specification of the acts or omissions
the last-ranked winner duly proclaimed, as reflected in
complained of showing the electoral frauds, anomalies or
the official results of the election contained in the
irregularities in the protested precincts.
Statement of Votes by Precinct. The party filing the
protest shall be designated as the protestant; the adverse Section 11. Raffle of cases. – The Supreme Court shall
party shall be known as the protestee. designate the Regional Trial Court within a judicial region
that shall take cognizance of election protests and
Each contest shall refer exclusively to one office; however,
petitions for quo warranto. A raffle conducted by the
contests for offices of the Sangguniang Bayan may be
executive judge shall determine the assignment of cases
consolidated in one case.
to these courts except in single-sala courts or courts
Section 5. Quo warranto. – A petition for quo warranto specifically designated by the Supreme Court. No court
against an elective municipal official shall be filed with shall assume jurisdiction over an election contest unless
the proper Regional Trial Court by any registered voter the case has been properly assigned to it as provided
who voted in the municipal election. The party filing the herein.
petition shall be designated as the petitioner; the adverse
At least twenty-four (24) hours before the raffle, the clerk
party shall be known as the respondent.
of court must serve personal notice to the parties, stating
Section 6. Petition must be verified and accompanied by the date and time of the raffle. Proof of service to the
a certificate of non-forum shopping. – An election protest parties shall be submitted to the court, and the raffle shall
or a petition for quo warranto shall be verified by an be open to the public. The Supreme Court shall issue the
affidavit stating that the affiant has read the petition and necessary circular implementing this proviso.
that its allegations are true and correct of the affiant’s
The Court may order a change of venue or place or trial
own knowledge or based on authentic records. A
for compelling reasons to avoid a miscarriage of justice.
verification based on "information and belief" or upon
"knowledge, information and belief" is not sufficient. Section 12. Summary dismissal of election contests. – The
court shall summarily dismiss, motu proprio, an election
The protestant or petitioner shall sign personally the
protest, counter-protest or petition for quo warranto on
certificate of non-forum shopping, which must be
any of the following grounds:
annexed to the election protest or petition for quo
warranto. (a) The court has no jurisdiction over the subject matter;
An unverified or insufficiently verified petition or one that (b) The petition is insufficient in form and content as
lacks a certificate of non-forum shopping shall be required under Section 10;
dismissed outright and shall not suspend the running of (c) The petition is filed beyond the period prescribed in
the required period for the filing of an election protest or these Rules;
petition for quo warranto.
(d) The filling fee is not paid within the period for filling
Section 7. Period to file protest or petition; the election protest or petition for quo warranto; and
non-extendible. – The election protest or petition for quo
warranto shall be filed within a non-extendible period of (e) In a protest case where cash deposit is required, the
ten (10) days counted from the date of proclamation. deposit is not paid within five (5) days from the filling of
the protest.
Section 8. Pendency of pre-proclamation controversy. –
The pendency of a pre-proclamation controversy,
involving the validity of the proclamation as defined by


same cause; or (3) the action is barred by a prior
RULE 3 SUMMONS judgement or by the statute of limitations.
(b) Compulsory counterclaim or cross-claim not set up
Section 1. Summons. – Within twenty-four (24) hours
barred. – A compulsory counterclaim or a cross-claim not
from the filling of a protest or petition, the clerk of court
set up shall be barred.
shall issue the corresponding summons to the protestee
or to the respondent, together with a copy of the protest (c) Effect of failure to answer. – If the protestee or the
or petition, requiring the filling of an answer within a respondent fails to answer within the time allowed in an
non-extendible period of five days from notice. election protest that does not involve ballot revision or in
a petition for quo warranto, the court – upon motion of
Section 2. Service of summons. – The summons shall be
the Protestant or the petitioner, with notice to the
served by handing copies of the summons and of the
protestee or the respondent, and upon proof of such
protest or the petition to the protestee or the respondent
failure – shall proceed to render judgment granting the
in person or, in case of the protestee’s or the respondent’s
relief prayed for on the basis of the allegations of the
refusal to receive and sign these copies, by tendering
verified protest or petition, unless the court in its
them to him or her.
discretion opts to require the protestant or the petitioner
If, for justifiable causes, the protestee or the respondent to submit evidence ex parte.
cannot be served in person as provided above, service
Where the election protest involves revision or
may be effected by leaving copies of the summons and
examination of ballots or the verification or re-tabulation
the protest or the petition at:
of the election returns, the court shall issue the
(a) The protestee’s or the respondent’s residence, with a appropriate order and shall proceed to render judgment
person of suitable age and discretion residing therein, or based on the results of the revision, examination,
(b) The protestee’s or the respondent’s office or regular verification or re-tabulation. During these proceedings,
place of business, with a competent person in charge only the protestant’s revisors may participate. The
thereof. protestee, or his or her duly authorized representative,
has the right to be present and to observe the
Section 3. By whom served. – The summons shall be proceedings, without the right to object and to lay claim
served by a sheriff, a deputy sheriff, a process server or to ballots and election returns.
any other suitable person authorized by the court issuing
the summons. Section 5. How to compute time. – In computing any
period of time prescribed or allowed by these Rules, by
order of the court or by any applicable statute, the day of
RULE 4 ANSWER AND COUNTER-PROTEST the act or the event marking the start when time begins
to run is to be excluded and the date of performance
Section 1. Verified answer; counter-protest. – Within five included. If the last day of the period, as so computed,
(5) days from receipt of the summons and the copy of the falls on a Saturday, a Sunday, or a legal holiday in the
protest or petition, the protestee or the respondent shall place where the court sits, time shall not run until the
file an answer in three (3) legible copies, with proof of next working day.
service of a copy on the protestant or the petitioner.
Section 6. Amendments; limitations. – After the
The answer shall be verified and may set forth admissions expiration of the period for the filling of an election
and denials, special and affirmative defenses, and a protest, counter-protest or petition for quo warranto,
compulsory counterclaim. The protestee may incorporate substantial amendments that broaden the scope of the
a counter-protest in the answer. action or introduce an additional cause of action may be
The counter-protest shall specify the counter-protested allowed only upon leave of court. Leave of court may be
precincts and the parties’ votes per the Statement of refused if the motion for leave appears to the court to be
Votes by Precinct and, in the proper case, a detailed intended for delay. Any amendment in matters of form –
specification of the acts or omissions complained of as such as a defect in the designation of the parties and
electoral fraud, anomalies or irregularities in the other clearly clerical or typographical errors – may
counter-protested precincts; if the votes are not so summarily corrected by the court at any stage of the
specified, an explanation should be made for the proceedings, at its initiative or on motion, provided the
omission. correction does not prejudice the adverse party.
Section 2. Answer to counterclaim or counter-protest. –
The protestant or petitioner shall answer the RULE 5 MOTIONS
counterclaim or counter-protest within a non-extendible
period of five (5) days from notice. Section 1. Motions must be in writing. – All motions shall
be in writing, except for those made in open court.
Section 3. Allegations in the answer. –
Section 2. Proof of service necessary. – The court shall not
(a) Specific denial. – A protestee or respondent must act on any written motion, except upon submitted proof
specify each material allegation of fact whose truth he or of service on the adverse party.
she does not admit; whenever practicable, he or she shall
set forth the substance of the matters upon to support Section 3. No hearings on motions. – No motion shall be
the denial. The protestee or respondent shall specify the set for hearing, and no oral argument shall be allowed in
averments that are true and material, and shall deny the support of any motion, except upon the court’s express. A
rest. motion shall be deemed submitted for resolution unless
the adverse party files his or her written objections within
(b) Allegations not specify denied deemed admitted. – five (5) days from service. The court shall resolve a motion
Material averments in the protest or petition, other than within (5) days from the time it is deemed submitted for
the amount of unliquidated damages and issues on the resolution.
appreciation of ballots, shall be deemed admitted when
not specifically denied.
Section 4. Effect of failure to plead. – RULE 6 PROHIBITED PLEADINGS
(a) Defenses and objections not pleaded. – Defenses and Section 1. Prohibited pleadings and motions. – The
objections not pleaded are deemed waived. The court following pleadings, motions or petitions shall not be
shall dismiss the claim when it appears from the allowed in the cases covered by these Rules:
pleadings or the evidence on record that (1) the court has (a) Motion to dismiss the petition, except on the ground
no jurisdiction over the subject matter; or (2) there is of lack of jurisdiction over the subject matter;
another action pending between the same parties for the
(b) Motion for a bill of particulars;


(c) Demurrer to evidence; and the storage and maintenance of automated election
(d) Motion for new trial, or for the reconsideration of a equipment and paraphernalia.
judgment, or for reopening of trial; When circumstances so demand (such as when the
(e) Petition for relief from judgment; deposit has been or is about to be depleted), the court
may require the payment of additional cash deposits. Any
(f) Motion for extension of time to file pleadings, affidavits unused cash deposit shall be returned to the depositing
or other papers; party after the complete termination of the protest or
(g) Memoranda, except as provided under Section 7, Rule counter-protest.
13 of these Rules; The same amount of cash deposit shall be required from
(h) Motion to declare the protestee or the respondent in the protestee (counter-protestant), should continuation
default; of revision be ordered pursuant to paragraph 2, Section
10, Rule 10 of these Rules. Once required, the protestee
(i) Dilatory motion for postponements; (counter-protestant) shall pay the cash deposit within a
(j) Motion for the inhibition of the presiding judge, except non-extendible period of three days from receipt of the
on clearly valid grounds; court’s order.
(k) Reply or rejoinder; and (b) Failure to make the cash deposits required within the
prescribed time limit shall result in the automatic
(l) Third-party complaint. dismissal of the protest or counter-protest.
Section 2. Grounds to dismiss be set up in the answer. –
All grounds to dismiss an election protest or petition for
quo warranto must be set up or pleased as affirmative or RULE 8 PRODUCTION AND CUSTODY OF
special defenses. Defenses not raised are deemed waived. BALLOT BOXES, ELECTION DOCUMENTS, DATA
The court may, at its discretion, hold a preliminary
hearing on the grounds so pleaded.
STORAGE DEVICES AND PCOS MACHINES
USED IN THE ELECTIONS (A)
RULE 7 FILING FEES AND CASH DEPOSITS Section 1. Issuance of precautionary protection order. –
Where the allegations in a protest so warrant, the court
Section 1. Filing fees. – No protest, counter-protest or shall order – simultaneously with the issuance of
petition for quo warranto shall be accepted for filling summons – the municipal treasurer and election officer
without the payment of a filing fee in the amount of concerned to take immediate and appropriate measures
Three Thousand Pesos (P3,000.00) for every protest, to safeguard the integrity of all the ballot boxes and the
counter-protest or petition for quo warranto filed. ballots, the lists of voters and voting records, the books of
If claims for damages and attorney’s fees are set forth in a voters and other documents or paraphernalia used in the
protest or counter-protest, additional filing fees shall be election, as well as the automated election equipment
paid in accordance with the schedule under Rule 141 of and records such as the data storage devices containing
the Rules of Court, as amended. electronic data evidencing the conduct and results of
elections in the contested precincts.
Section 2. Cash deposit. –
Section 2. When ballot boxes and election documents
(a) In addition to the fees prescribed in the preceding are brought before the court. – Within forty-eight (48)
section, the protestant in an election protest requiring hours from receipt of an answer with counter-protest,
revision or examination of ballots, or the verification or when the allegations in an protest or counter-protest so
re-tabulation of election returns, or which may require warrant, the court shall order the ballot boxes with their
bringing copies of other election documents and keys, the PCOS and consolidation machines, the
paraphernalia to court, shall make a cash deposit with the electronic data storage devices, the lists of voters and
court in the following amounts: voting records, the books of voters, and other documents
i. One Thousand Pesos (P1,000.00) for each precinct or paraphernalia involved in the protest or
covered by the protest or counter-protest, provided that counter-protest, to be brought before it.
the deposit shall in no case be less than Twenty-five The court shall notify the parties of the date and time of
Thousand Pesos (P25,000.00) to be paid upon the filling retrieval and transfer from their respective custodians of
of the election protest or counter-protest; the ballot boxes, the PCOS and consolidation machines (if
ii. Twenty-five Thousand Pesos (P25,000.00) for the cost of necessary), the electronics data storage devices and all
bringing to court and of storing and maintaining the other automated election documents and paraphernalia.
PCOS, the consolidation machines and other automated The parties may send representatives to witness the
election paraphernalia brought to court as evidence or as retrieval and transfer. The absence, however, of a
necessary equipment in considering the protested or representative of a party shall not be reason to postpone
counter-protested ballots; or delay the retrieval or transfer of the above-mentioned
equipment, devices and election documents.
iii. If the amount to be deposit does not exceed One
Hundred Thousand Pesos (P100,000.00), the required The court, at its discretion, may seek the assistance of the
sum shall be paid in full within ten (10) days from the Philippine National Police (PNP) or the Armed Forces of
filling of the protest or counter-protest; and the Philippines in ensuring the safe delivery of the ballot
boxes and the election equipment, devices and
iv. If the required deposit shall exceed One Hundred documents to its custody.
Thousand Pesos (P100,000.00), a cash deposit in the
amount of One Hundred Thousand Pesos (P100,000.00) Where any of the ballot boxes, ballots, PCOS machines,
shall be made within ten (10) days from the filling of the data storage devices, election returns, election
protest or counter-protest. The balance shall be paid in documents or paraphernalia mentioned above are also
installments under the schedule the court may require involved in election contests before other for a (such as
after hearing the Protestant or counter-Protestant on the the Presidential Electoral Tribunal, the Senate Electoral
matter. Tribunal, the House of Representatives Electoral Tribunal
or the Commission on Elections) with preferential rights
The cash deposit shall be applied by the court to the of custody and revision in simultaneous protests under
payment of the compensation of revisors as provided COMELEC Resolution No. 2812 dated 17 October 1995, the
under Section 3, Rule 10 of these Rules, and of all the court shall coordinate with and make the appropriate
expenses incidental to revision, including but not limited request with the higher tribunals for the temporary prior
to the cost of supplies and miscellaneous expenses of the custody of ballot boxes, PCOS machines, electronic data
revision committee, the cost of the production in court storage devices and other election documents and


paraphernalia, or for the synchronization of revision brief at least one day before the date of the preliminary
activities. conference. The briefs shall contain the following:
The expenses necessary and incidental to the production (a) A summary of admitted facts and proposed
in court of the ballot boxes and election documents and stipulations;
the production, storage and maintenance of PCOS (b) The issues is to be tried and resolved (i.e., for election
machines, data storage devices, and automated election protests, the alleged frauds or irregularities committed in
paraphernalia and documents shall be shouldered and the conduct of the election; for quo warranto
promptly paid by the protestant and counter-protestant proceedings, the ground for ineligibility or acts of
in proportion to the precincts covered by their protects or disloyalty);
counter-protests. The expenses necessary and incidental
to the return of the materials and documents produced (c) The documents or exhibits to be presented;
in court to their original custodians or to the proper (d) A manifestation indicating the use of the intent to use
tribunal after the termination of the case shall likewise be discovery procedures or referral to commissioners;
shared proportionately by the protestant and the
protestee based on the number of precincts they (e) The number and names of witnesses, their addresses,
respectively contest. and the substance of their respective testimonies. The
testimonies of witnesses shall be by affidavits, in question
Section 3. Access to electronic data in the COMELEC and answer form, which shall serve as their direct
back-up server. – Upon motion duly made based on testimonies, subject to oral cross-examination;
demonstrated need, the court may order the COMELEC
to provide the moving party access to, or to recover and (f) A manifestation of withdrawal of certain protested or
use, electronic data from the COMELEC back-up server counter protested precincts, if this is the case;
under conditions and safeguards required by COMELEC. (g) The proposed number of revision committees and the
names of proposes revisors and alternated revisors; and
RULE 9 PRELIMINARY CONFERENCE (h) The procedure to be followed in case the election
protest or counter protest seeks the revision or
Section 1. Preliminary conference; mandatory. – Within examination of ballots, or the verification or re-tabulation
three (3) days after the filling of the last responsive of election returns.
pleading allowed by these Rules, or on the expiration of
this period without any responsive pleading having been Section 5. Failure to file brief. - The failure to file the
filed, the court shall conduct a mandatory preliminary required brief or to provide the brief’s mandatory
conference among the parties to consider: contests shall have the same effect as the failure to
appear at the preliminary conference.
(a) The simplification of issue;
Section 6. Effect of failure to appear. – The failure of the
(b) The necessary or desirability of amendments to the protestant/petitioner or the duly authorized counsel to
pleadings; appear at the preliminary conference authorizes the
(c) The possibility of obtaining stipulations or admission of court, as its own initiative, to dismiss the protest, or
facts and of documents to avoid unnecessary proof; counter-protest or petition. The failure of the
protestee/respondent or of the duly authorized counsel to
(d) The limitation of the number of witnesses; appear at the preliminary conference may likewise have
(e) The nature of the testimonies of the witnesses and the effect provided under Section 4(c), Rule 4 of these
whether they relate to evidence that do not involve the Rules, i.e., the court may allow the protestant/petitioner to
ballots, or otherwise; present evidence ex parte and render judgment based
on the evidence presented.
(f) The withdrawal of certain protested or
counter-protested precincts, especially those where the Section 7. Preliminary conference order. – The court shall
ballot boxes or ballots are unavailable or are missing, issue an order summarizing the matters taken up and the
cannot be located, have been destroyed due to natural stipulations or agreements reached during the
disasters or calamities, or where the PCOS and other conference within three (3) days following the
electronic data are missing; termination of the preliminary conference. The court shall
commence, the starting date of which shall be within five
(g) The number of revision committees to be constituted;
(5) days from the termination of the preliminary
(h) The procedure to be followed in case the election conference.
protest or counter-protest seeks, wholly or partially, the
examination of ballots, or the verification or re-tabulation
of election returns; RULE 10 REVISION OF BALLOTS
(i) The procedure in handling the PCOS and the other Section 1. Start of revision. – The revision of ballots shall
electronic machines and data; and commence on the date specified in the preliminary
(j) Other matters that may contribute to prompt conference order.
disposition of the case. Section 2. Revision committee; under the supervision of
Section 2. Notice through counsel. – The notice of the court. – As many revision committees as may be
preliminary conference shall be served on counsel or on necessary shall be constituted. Each revision committee
counsel on the party himself or herself who is not shall be composed of a chairperson and two members,
presented by counsel. Notice to counsel is to notice to the one of whom is designated by the protestant and the
party, as counsel is charged with the duty to notify the other by the protestee. The court shall designate the
party represented. chairperson and a recorder from among its personnel.
The parties shall also designate their respective substitute
Section 3. Appearances of parties. - The parties have the revisors.
duty to appear the person before the court at the
preliminary conference. Counsels appearing without their The revision committee shall conduct the revision in the
clients should be specifically authorized to appear for and court premises or at such other place in the court may
to bind their clients on the matters covered by the designate, in every case under its strict supervision.
preliminary conference. The revisors shall discharge their duties with the highest
Section 4. Preliminary conference brief. – The parties degree of integrity, conducting the proceedings with the
shall file with the court their respective preliminary same dignity and discipline the court itself brings to the
conference briefs and serve these on the adverse party in proceedings. They shall exercise extraordinary diligence
a manner that shall ensure the other party’s receipt of the and take the precautionary measures required by this
level of diligence to prevent loss, disappearance or
impairment of the integrity of the ballots and the election


documents, whether electronic or printed, and the (d) The votes appearing in the election returns copy for
misuse of the electronic election machines, devices and the ballot box shall then be recorded in the minutes.
paraphernalia. (e) Prior to the actual revision, the revision committee
Section 3. Compensation of the revisors. - The court shall must authenticate each and every ballot to make sure
fix the compensation of the revisors at Eight Hundred that it was the same ballots cast and fed to the PCOS
Pesos (P800.00) per ballot box for the chairperson and machine during the voting. The authentication shall be
Three Hundred Pesos (P300.00) per ballot box for each through the use of PCOS machines actually used during
party revisor. The party revisors shall each be entitled to the elections in the subject precinct, or by another device
an additional per diem of Five Hundred Pesos (P500.00) certified by the Commission to be capable of performing
per day. The compensation for a recorder shall be Three the desired authentication requirement through the use
Hundred Pesos (P300.00) per ballot box. This of the bar codes and the ultra-violet ray code detection
compensation shall be chargeable against the cash mechanism.
deposit as provided for under Section 2, Rule 7 of these (f) The recount shall only proceed after the revision
Rules. committee, through its chairperson and members, has
Section 4. Continuous revisions. – determined that the integrity of the ballots has been
(a) Period for revision. – Revision shall be conducted from preserved.
8:30 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m. (g) The revision committee shall thereafter proceed to
from Monday to Friday, except on non-working holidays. look at the ballots and count the indicated votes for the
The revisors may take fifteen-minute breaks during the contested position.
revision. (h) In looking at the shades or marks used to register
(b) Revision to continue even if a party revisor is absent or votes, the revision committee shall bear in mind that the
late. – The revision shall not be delayed or postponed by will of the voters reflected as votes in the ballots shall as
reason of the absence or tardiness of a party’s revisor or much as possible be given effect, setting technicalities
substitute revisor, as long as the chairperson and one aside. Furthermore, the votes are presumed to have been
party revisor are present. The court may at any time made by the voter and shall be so considered unless
designate another chairperson if the regular chairperson reasons exist to justify their rejection. However, marks or
fails for any reason to report. shades that are less than 50% of the oval shall not be
(c) If the revisor of the protestee is absent or late. - If the considered as valid votes. Any issue as to whether a
revisor of the protestee is absent or late for thirty minutes certain mark or shade is within the threshold shall be
and no alternate appears as a substitute, the revision shall determined by using the PCOS machine, not by human
nevertheless commence. The protestee shall be deemed determination.
to have waived the right to appear and to object to the (i) The rules on the appreciation of the ballots under
revision of ballots made during his or her revisor’s Section 211 of the Omnibus Election Code shall apply
absence or tardiness. suppletorily when appropriate.
(d) If the revisor of the protestant or the revisors of both (j) There shall be a tally sheet in at least 5 copies, plus
parties fail to appear. – If the protestant’s revisor or the additional copies depending on the number of additional
revisors of both parties or their alternates fail to appear parties, that shall be used to tally the votes as they are
without justifiable reason within one hour after the counted through the use of taras and sticks.
scheduled start of the revision, the ballot boxes scheduled (k) After all the ballots from one ballot box have been
for revision that day and the corresponding ballot box counted, the revision committee shall secure the
keys in the possession of the chairperson, shall be contested ballots and complete the recount report for the
returned to the court’s ballot box custodian, and the precinct. Thereafter, it shall proceed to recount the votes
ballots shall no longer be revised, the parties are deemed from the ballots of the next precinct.
to have waived their right to the revision for that day, and
the chairperson shall state the facts of absence and (l) In case of multiple revision committees, the recount
waiver in the revision report. shall be done simultaneously.
Section 5. Prohibited access. – During the revision, no (m) In the event that the revision committee determines
person other than the judge, the clerk of the court, the that the integrity of the ballots and the ballot box have
chairperson and the members of the revision committee, not been preserved, as when proof of tampering or
the parties and their duly authorized representatives shall substitution exists, it shall proceed to instruct the printing
have the access to the revision area. of the picture image of the ballots stored in the data
storage device for the precinct. The court shall provide a
Section 6. Conduct of revision. – The revision of the votes non-partisan technical person who shall conduct the
on the ballots shall be done manually and visually and necessary authentication process to ensure that the data
through the use of appropriate PCOS machines, or image stored is genuine and not a substitute. Only
according to the procedure below: after this determination can the printed picture image be
(a) On the scheduled day of revision, the following, if used for the recount,
needed, should be in the custody of the court: Section 7. Preparation and submission of revision report.
(i)the ballot boxes containing the ballots in protested and – The committee shall prepare and submit to the court a
counter protested precincts; and revision report per precinct stating the following:
(ii) the data storage devices and the PCOS machines used (a) the precinct number;
in the precincts concerned or any other device that can (b) the date, the place and the time of revision;
be used to authenticate or assure the genuineness of the
ballots; (c) the votes of the parties per physical count;
(b) The revision committee shall initially note, before (d) the condition and the serial numbers of the following:.
anything else, the condition of the ballot box and its locks (i) ballot boxes;
and locking mechanism, and record this condition in the
revision report. Based on this observation, the revision (ii) self-locking security metal or plastic seals (inner and
committee must also determine whether the integrity of outer) and padlocks of the ballot boxes;
the ballot box has been preserved. (iii) security envelopes containing the election returns;
(c) The ballot box shall then be opened and the ballots and
taken out. The "valid" ballots shall first be counted, (iv) numbered paper seal of the envelopes;
without regard to the votes obtained by the parties. This
will be followed by the counting of the torn, unused stray
and rejected ballots, as classified at the polling place.



(e) if required, the availability of and other circumstances proceed with the revision or examination if the ballots, or
attendant to the PCOS machines and other automated the verification or re-tabulation of election returns in the
election devices and paraphernalia used in the revision; counter-protested precincts. In the latter case, the
(f) the votes of the parties per the ballot box copy of the protestee shall be required to pay the cash deposit within
election returns and per the tally sheet/board found a non-extendible period of three (3) days from notice.
inside the ballot box; Section 11. Continuation of the appreciation of ballots. - If
(g) the number of ballots objected to by the parties the court decides not to dismiss the protest after the
indicating therein the exhibit numbers; preliminary examination of the evidence from the chose
twenty percent (20%) of the protested precincts, revision
(h) the grounds of objections; with respect to the remaining precincts shall proceed at
(i) the number of stray ballots; the same time that the ballots or election documents
from the counter-protested precincts are being revised.
(j) the claims on ballots with their exhibit numbers; and After completion of the revision of the protested
(k) the entries in the Minutes of Voting and Counting, precincts, the court shall proceed with the appreciation
particularly: and revision of ballots from the counter-protested
precincts.
(i) the number of registered voters;
(ii) the number of voters who actually voted;
RULE 11 TECHNICAL EXAMINATION
(iii) the number of official ballots, together with their
serial numbers, used in the election; Section 1. Motion for technical examination; contents. –
Except when the protest or counter-protest involves
(iv) the number if ballots actually used indicating the
allegation of massive substitute voting, a party may move
serial numbers of the ballots; and
for the technical examination of the presented evidence
(v) the unused ballots together with their serial numbers. within five (5) days after completion of the revision in the
The revision forms shall be made available prior to the protest or counter-protest, specifying:
revision. The per-precinct revision report shall be signed (a) The nature of the technical examination requested
and certified by the chairperson and by the parties’ (e.g., fingerprint examination, etc.);
revisors, and shall form part of the records of the case.
(b) The documents or machines/equipment to be
In addition to the per-precinct revision report, the revision subjected to technical examination;
committee shall also prepare and submit to the court,
(c) The objections made in the course of the revision of
within three days from termination of the revision, a
ballots which the movant intends to substantiate with
committee report summarizing the data, votes, ballot
the results of the technical examination; and
objections and claims, and significant observations made
during the revision of ballots from the protested precincts (d) The ballots covered by these objections.
and later from the counter-protested precincts, if so Section 2. Technical examination; time limits. – The court
conducted based on the provisions of Section 10 below. may grant the motion for technical examination at its
Each party furnished with a copy of the committee report discretion and under the conditions it may impose. If the
may submit its comments thereon within a motion is granted, the technical examination shall start
non-extendible period of three (3) days from notice. within five (5) days from notice to both parties, and shall
Section 8. Order of revision. – Revision of ballots shall be completed within the period specified by the court, in
start with those from the protested precincts , subject to no case to exceed to twenty successive working days,
the provisions of Section 10 thereof. unless the court grants an extension based on
exceptionally meritorious ground. A party may attend the
Section 9. Inquiry as to security markings and vital
technical examination either personally or through a
information relative to ballots and election documents. –
representative. However the technical examination shall
When a revision of ballots is ordered, and for the
proceed with or without the attendance of a party,
guidance of the revisors, the court shall inquire about the
provided that the due notice has been given.
security markings on the ballots and the security
measures used in the election documents from the The expenses for technical examination shall be for the
Chairperson of COMELEC who shall be obliged to indicate account of the party requesting the examination. The
this markings, measures and other vital information that technical examination shall be under the supervision of
may aid the court in determining the authenticity of the the clerk of court.
ballots and election documents. The parties shall be Section 3. Experts; who shall provide. – Experts necessary
notified of the results of this inquiry. for the conduct of technical examination shall be
Section 10. Post-revision determination of the merit or provided by the party requesting the same and may
legitimacy of the protest prior to revision of the come from the National Bureau of Investigation, the PNP
counter-protest. – Immediately after the revision or Crime Laboratory, the Commission on Elections, the
examination of ballots, or the verification or re-tabulation Department of Science and Technology, or experts from
of election returns in all protested precincts, the the private sector. The other party may secure the
protestant shall be required to point to a number of services of his or her own expert who may only observe,
precincts, corresponding to twenty percent (20%) of the not interfere with, the examination conducted by the
total of the revised protested precincts, that will best movant’s experts.
attest to the votes recovered, ore that will best exemplify
the fraud or irregularities pleaded in the protest. In the
meanwhile, the revision or examination of the ballots, or RULE 12 PHOTOCOPYING OF BALLOTS
the verification or re-tabulation of election returns in the Section 1. Photocopying simultaneous with revision. – On
counter-protested precincts, shall be suspended for a the motion of a party, the court may allow the
period not exceeding fifteen days to allow the court to photocopying of ballots and election documents, upon
preliminarily determine, through the appreciation of such terms and conditions as the court may impose. The
ballots and other submitted election documents, the photocopying, if allowed, must start at the
merit of legitimacy of the protest based in the chosen commencement of revision and, as far as practicable,
twenty percent (20%) of the protested precincts. must be completed simultaneously with the termination
Based on the results of this post-revision preliminary of revision.
determination, the court may dismiss the protest without Section 2. Where conducted; parties to provide own
further proceedings if the validity of the grounds for the photocopying units. – Photocopying shall be done within
protest is no established by the evidence from the chosen the premises of the court, near the revision area, and shall
twenty percent (20%) of the protested precincts; or be under the supervision of the clerk of court. The



requesting party shall provide an efficient photocopying order. If the court rejects any evidence offered, the party
unit and shall bear all attendant expenses. may make a tender of the excluded evidence.
Section 3. Copying or reproduction of electronic data. – Section 3. Reception of evidence continuous. – Reception
On the motion of a party, the court may allow the of evidence, once commenced, shall continue from day to
reproduction of electronic data that are submitted as day, as far as practicable, until fully completed or
evidence, or that are within the custody and control of terminated at the court’s order. In no case shall the entire
the COMELEC under the conditions and safeguards the period for reception of evidence exceed ten successive
COMELEC shall require. The costs and expenses shall be days for each party, from the first day reception of
for the account of the party seeking the reproduction. evidence starts, unless otherwise authorized by the
Supreme Court.
RULE 13 PRESENTATION OF EVIDENCE Section 4. Adjournments and postponements. – No

motion for postponement shall be allowed, except for
Section 1. Presentation and reception of evidence; order clearly meritorious reasons. In no case shall the resetting
of hearing. – If at the preliminary conference the parties of hearings have an interval exceeding three calendar
have agreed on issues that do not involve the days, nor shall the postponements of hearing granted to
examination and appreciation of ballots or other election each party exceed three (3). The filing of dilatory
documents (e.g., vote-buying, fraud, terrorism or pleadings or motions shall constitute direct contempt of
violence), the reception of evidence on the issues, court and shall be punished accordingly.
including the testimonies of witnesses, shall be done
Section 5. Burden of proof. – Burden of proof is the duty
simultaneously with the revision of ballots that may be
of a party to present evidence of the facts in issue to
required.
establish his or her claim or defense.
The reception of evidence on all other matters or issues
Section 6. Disputable presumptions. – The following
incidental to or involving the ballots and related election
presumptions are considered as established facts, unless
documents shall be made upon completion of (a) the
contradicted and overcome by other evidence:
revision of ballots or election documents; or (b) the
technical examination, if allowed by the court under the (a) On the election procedure:
provisions of Rule 11 of these Rules. (i) The election of candidates was held on the date and at
Reception of evidence shall be made in accordance with the time set and in the polling place determined by the
the following order of hearing: Commission on Elections;
(a) The protestant or petitioner shall present evidence in (ii) The Boards of Election Inspectors were duly
support of the protest or petition; constituted and organized;
(b) The protestee or respondent shall then adduce (iii) Political parties and candidates were duly represented
evidence in support of the defense, counterclaim or by pollwatchers;
counter-protest, if any; (iv) Pollwatchers were able to perform their functions;
(c) The parties may then respectively offer rebuttal (v) The Minutes of Voting and Counting contains all the
evidence only, unless the court for good reasons and in incidents that transpired before the Board of Election
the furtherance of justice, permits them to offer evidence Inspectors; and
on their original case; and
(vi) The Audit Log contains the list of all activities
(d) No surrebuttal evidence shall be allowed. performed by the PCOS machines from the time it was
In offering testimonial evidence, the party shall require powered on until it was turned off.
the proposed witness to execute an affidavit which shall (b) On election paraphernalia:
be considered as the witness’ direct testimony, subject to
the right of the adverse party to object to its inadmissible (i) Ballots and election returns that bear the security
portions and to orally cross-examine the witness. The markings and features prescribed by the Commission on
affidavit shall be based on personal knowledge, shall set Elections are genuine;
forth facts as would be admissible in evidence, and shall (ii) The data and information supplied by the members of
show affirmatively that the affiant is competent to testify the Boards of Election Inspectors in the accountable
on the stated matters. The affidavit shall be in question forms are true and correct; and
and answer form, and shall be submitted to the court and
served on the adverse party at least three (3) days before (iii) The allocation, packing and distribution of election
the hearing. documents or paraphernalia were properly and timely
done;
Failure to submit the affidavit of witness within the
specified time shall constitute a waiver of the party’s right (iv) The PCOS and consolidation machines and the data
to present testimonial evidence. storage devices are all in order, and the data generated
reflect the activities entered in these electronic machines
The one-day-cross-examination-of witness rule – i.e., that and devices.
a witness has to be fully cross-examined on one day –
shall strictly be followed, subject to the court’s discretion (c) On appreciation of ballots:
to extend the cross-examination for justifiable reasons. (i) A ballot with appropriate security markings is valid;
The revision reports, as well as the ballots objected to or (ii) The ballot reflects the intent of the voter;
claimed by the parties and the submitted electronic
(iii) The ballot was properly accomplished;
evidence, shall automatically form part of court records
and may be adopted by the other parties as their (iv) A voter personally prepared one ballot, except in the
evidence. case of assistors; and
Section 2. Offer of evidence. – The court shall not (v) The exercise of one’s right to vote was voluntary and
consider any evidence that has not been formally offered. free.
Offer of evidence shall be done orally on the last day of Section 7. Submission of memoranda. – The court may
hearing allowed for each party after the presentation of allow the parties to submit their respective memoranda
the party’s last witness. The opposing party shall be within a non-extendible period of ten (10) days from the
required to immediately interpose objections to the offer. verbal ruling of the court on the last offer of exhibits; or, if
The court shall rule on the offer of evidence in open court. the offer was made in writing, within ten (10) days from
However, the court may, at its discretion, allow the party receipt of the written ruling of the court. No
to make an offer of evidence in writing, which shall be supplemental, reply or rebuttal memorandum shall be
submitted within three days from notice of the court’s allowed.


adverse counsel or on the adverse party who is not
RULE 14 DECISION represented by counsel.
Section 9. Appeal fee. – The appellant in an election
Section 1. Rendition of decision. – The court shall decide
contest shall pay to the court that rendered the decision
the election contest within thirty (30) days from the date
an appeal fee of One Thousand Pesos (P1,000.00),
the case is submitted for decision, in no case beyond six
simultaneously with the filing of the notice of appeal.
(6) months after its filing, unless the Supreme Court
authorizes an extension in writing. Failure to comply with Section 10. Immediate transmittal of records of the case.
this timeline shall be considered a serious offense and – The clerk of court shall, within fifteen (15) days from the
shall be a ground for disciplinary action against the judge. filing of the notice of appeal, transmit to the Electoral
In addition, six (6) months after the submission of the Contests Adjudication Department, COMELEC, the
case for decision, the judge shall be relieved of all duties complete records of the case, together with all the
and functions except to decide the election case. evidence, including the original and three copies of the
transcript of stenographic notes of the proceedings.
An election protest is deemed submitted for decision
after completion of the reception of evidence or, if the Section 11. Execution pending appeal. – On motion of the
parties were allowed to submit memoranda, upon prevailing party with notice to the adverse party, the
submission of their memoranda or the expiration of the court, at its discretion and while still in possession of the
period for their filing, whichever is earlier. In an election original records, may order the execution of its decision
protest, the winner shall be the candidate who obtained before the expiration of the period to appeal, subject to
the plurality of the valid votes cast. the following rules:
Section 2. Form of decision in election protests. – After (a) Execution pending appeal shall not issue except upon
the termination of the revision of ballots and before motion and hearing with prior notice of the motion of at
rendering its decision in an election protest that involved least three (3) days to the adverse party. The motion for
a revision, the court shall examine and appreciate the execution pending appeal must be supported by good
original ballots. The court, in its appreciation of the ballots reasons cited and stated by the court in a special order.
and in ruling on the parties’ claims and objections, shall These reasons must:
observe the following rules: (i) constitute superior circumstances demanding urgency
(a) On marked ballots – The court must specify and point that would outweigh the injury or damage, should the
to the marking clearly indicating the voter’s intent to losing party secure a reversal of the judgment on appeal;
identify the ballot. and
(b) On fake or spurious ballots, election document, (ii) manifest, in the decision sought to be executed, that
machine, device or paraphernalia – The court must the defeat of the protestee or the victory of the protestant
specify the COMELEC security markings or features that has been clearly established.
are not found in the ballot, election documents, machine, (b) If the court grants an execution pending appeal, an
device or paraphernalia considered fake or spurious, or aggrieved party shall have twenty working days from
the operation or aspects of the machine, device or notice of the special order within which to secure a
paraphernalia that resulted in fake or spurious results; restraining order or status quo order from the Supreme
(c) On stray ballots – The court must specify and state in Court or the COMELEC. The corresponding writ of
detail why the ballots are considered stray; execution shall issue after twenty (20) days if no
restraining order or status quo order is issued. During the
(d) On claimed ballots – The court must specify the exact
twenty (20)-day period, the issuance of a writ of execution
basis for admitting claimed votes or crediting these to
pending appeal shall be stayed.
either party.
Section 12. Jurisdiction of the Commission on Elections in
Section 3. Several judgments. – In a protest or petition
certiorari cases. – The COMELEC has the authority to
against several protestees or respondents, the court may,
issue the extraordinary writs of certiorari, prohibition and
when a several judgment is proper, render judgment
mandamus only in aid of its appellate jurisdiction over
against one or more of them, leaving the protest or
decisions of the courts in election cases involving elective
petition to proceed against the others.
municipal officials.
Section 4. Promulgation of decision. – The decision
Section 13. Preferential disposition of election contests. –
signed by the presiding judge shall be promulgated by
The courts shall give preference to election contests over
reading its dispositive portion in open court on a date set
all other cases, except petitions for habeas corpus and for
with notice to the parties and filing the decision with the
the writs of amparo and habeas data.
clerk of court; or by the delivery of a copy of the signed
decision to the clerk of court, who shall forthwith indicate
the date of rendition and cause true copies thereof to be RULE 15 COSTS, DAMAGES AND ATTORNEY’S
served, personally or by registered mail, on the counsels
or on the parties if they are not represented by counsel. FEES
Section 5. Finality of decision. – The court’s promulgated Section 1. Costs; when allowed. – Costs shall be allowed to
decision shall become final and executory five (5) days the prevailing party as a matter of course. The court shall
after receipt of notice by the parties if no appeal is taken. have the power, for special reasons, to apportion the
costs, as may be equitable. The court may render
Section 6. Entry of judgment. – If no appeal is filed within judgment for costs if a protest, a counter-protest or a
the time provided in these Rules, the judgment shall be petition for quo warranto is dismissed. When a protest, a
entered by the clerk in the book of entries of judgments. counter-protest or a petition for quo warranto is found to
The date of finality of the judgment shall be the date of be frivolous, double or treble costs may be imposed on
its entry. The record shall contain the dispositive part of the protestant, the counter-protestant or the petitioner.
the judgment and shall be signed by the clerk, with a
certificate that the judgment has become final and Section 2. Damages and attorney’s fees. – In all election
executory. contests, the court may adjudicate damages and
attorney’s fees as it may deem just and as established by
Section 7. Notice of final decision. – As soon as the the evidence, if the aggrieved party has included these
decision becomes final, the clerk of court shall send claims in the pleadings.
notices to the COMELEC, the Department of the Interior
and Local Government, and the Commission on Audit.
Section 8. Appeal. – An aggrieved party may appeal the RULE 16 ELECTRONIC EVIDENCE
decision to the COMELEC within five (5) days after Section 1. Original of an electronic document or data. –
promulgation, by filing a notice of appeal with the court An electronic document or data shall be regarded as the
that rendered the decision, with copy served on 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 A.M. No. 10-4-29-SC | THE 2010 RULES OF
accurately. THE PRESIDENTIAL ELECTORAL
Section 2. Copies as equivalent of the originals. – When a
document is in two or more copies executed at or about
TRIBUNAL
the same time with identical contents, or is a counterpart
produced by the same impression as the original, or from
the same matrix, or by mechanical or electronic
re-recording, or by chemical reproduction, or by other TITLE AND CONSTRUCTION
equivalent techniques that accurately reproduce the Rule 1. Title. - These Rules shall be known and cited as The
original, such copies or duplicates shall be regarded as 2010 Rules of the Presidential Electoral Tribunal.(R1a)
the equivalent of the original.
Rule 2. Definition of Terms. - When used in these Rules,
Notwithstanding the foregoing, copies or duplicates shall the following terms shall mean:
not be admissible to the same extent as the original if:
(a) Tribunal - the Presidential Electoral Tribunal, sitting en
a) a genuine question is raised as to the authenticity of banc or in Divisions;
the original; or
(b) Automated Election System or AES - an election
b) under the circumstances, it would be unjust or system using appropriate technology in voting, counting ,
inequitable to admit the copy in lieu of the original. consolidating, canvassing, transmitting election results,
Section 3. Affidavit as evidence. – All matters relating to and other electoral processes;
the admissibility and evidentiary weight of an electronic (c) Precinct Count Optical Scan or PCOS - a technology
document may be established by an affidavit stating using an optical ballot scanner, located in every precinct,
facts of direct personal knowledge of the affiant or based that scans or reads paper ballots that votes mark by hand
on authentic records. The affidavit must affirmatively and are inserted in the scanner to be counted;
show the competence of the affiant to testify on the
matters contained therein. The affiant shall be made to (d) Official Ballot - the paper ballot with the pre printed
affirm the contents of the affidavit in open session and names of all candidates and with ovals corresponding to
may be cross-examined as a matter of right by the each of the names printed. The ovals are the spaces
adverse party. where voters expresses their choice by shading with a
marking pen;
(e) Picture images of the ballot. - the image of the ballot
RULE 17 AUTHENTICATION OF ELECTRONIC that the PCOS machine captures at the time voter feeds
DOCUMENTS AND DATA the ballot into it, which images is stored in a memory or
Section 1. Burden of proving authenticity. – The person removal data storage device attached to the PCOS
seeking to introduce an electronic document in an machines;
election protest has the burden of proving its authenticity (f) Election Returns - the document showing the date of
in the manner provided in this Rule. the election, the province, city, municipality and the
Section 2. Manner of authentication. – Before any period in which it is held, and the votes in figures for each
electronic document or data offered as authentic is candidate in a precinct or clustered precincts;
received in evidence, its authenticity must be proved by (g) Electronic Election Returns. - copies of the election
any of the following means: returns in electronic form generated by the PCOS
a) By evidence that it has been digitally signed by the machine and electronically transmitted to the Municipal
person purported to have signed it. "Digitally signed" or City Board of Canvassers for the official canvass, to
refers to an electronic document or electronic data conduct a parallel count, and the Kapisanan ng mga
message bearing a digital signature verified by the public Brodkaster sa Pilipinas KBP;
key listed in a certificate. (h) Printed Election Returns - copies of the election
b) By evidence that other appropriate security procedures returns printed by the PCOS machine on paper and
or devices for authentication of electronic documents authenticated by the manual signatures and
authorized by the Supreme Court or by law for the thumbmarks of the Board of Election Inspectors (BEI);
authentication of electronic documents were applied to (i) Electronic transmission - the act of conveying data in
the document; or electronic form from one location to another;
c) By other evidence showing its integrity and reliability to (j) Canvass proceedings - the consolidation of precinct
the satisfaction of the judge. election results for the Offices of the President and Vice
Section 3. The Rules on Electronic Evidence. – The Rules President at the municipal, city, or district level; district
on Electronic Evidence shall apply to evidentiary aspects election results at the municipal or city level; municipal or
of pleadings, practice and procedure in election contests city election results at the provincial level; and provincial
not otherwise specifically provided for in these Rules. election results at the national level, specifically Congress,
including the formal proclamation of the winners in the
elections;
RULE 18 FINAL PROVISIONS (k) Consolidation Machine - the machine used at the
Section 1. Repealing clause. – For municipal election canvass proceedings to consolidate precinct results,
contests, these rules supersede A.M. No. 07-4-15-SC (The municipal and city results, or provincial results for
Rules of Procedure In Election Contests Before The Courts purposes of getting the total votes of all candidates for
Involving Municipal and Barangay Officials) which the Offices of the President and Vice President;
became effective on May 15, 2007. All other rules, (l) Statement of Votes by Precinct, Municipality, City,
resolutions, regulations or circulars of the Supreme Court District, Province, or Overseas Absentee Voting (OAV)
or parts thereof that are inconsistent with any provision of Station - a document in electronic and in printed form
these Rules are hereby deemed repealed or modified generated by the canvassing or consolidating machines
accordingly. or computers during the canvass proceedings of the
Section 2. Effectivity clause. These Rules shall take effect votes obtained by the candidates for the Offices of the
fifteen (15) days after their publication in a newspaper of President and Vice President in each precinct,
general circulation in the Philippines. municipality, city, district, province, or OAV Station;
(m) City, municipal, district, or provincial certificate of
canvass - a document in electronic and in printed form



containing the total votes in figures obtained by each (b) Administer or cause to be administered oaths in any
candidate for the Offices of the President and Vice contest before it, and in any order matter where it may be
President in a city, municipality, district, or province, the necessary in the exercise of its powers;
electronic form of which is the official canvass result and (c) Compel the attendance of witnesses and production
is the result electronically transmitted to Congress; of evidence in any contest before it.
(n) Certificate of Canvass and Proclamation - the official (d) Compel obedience to its decisions, resolutions, orders
printed document that contains the names of the and processes;
candidates for the Offices of the President and Vice
President who obtained the highest number of votes and (e) Control its processes and amend its decisions,
certifies to their proclamation as winners; resolutions or orders to make them conformable to law
and justice;
(o) Data storage device - the device where electronic
documents are stored and from which such documents (f) Authorize a copy of a lost or destroyed pleading or
may be obtained when necessary to verify the accuracy other paper to be filed and used instead of the original
and correctness of election data; it includes the back-up copy thereof, and to restore and supply deficiencies in its
storage device in which authentic electronic copies of the records and proceedings; and
data are also stored; (g) Promulgate its own rules of procedure and amend or
(p) Audit log - the document that contains the list of all revise the same (R7)
activities performed by the PCOS machine from the time Rule 9. Powers and duties of the Chairman. - The
it was switched on until the time it was turned off; and Chairman shall have the following powers;
(q) Electronic document - information or the (a) Issue calls for the sessions of the Tribunal;
representation of information, data, figures, symbols, or
other modes of written expression, described or however (b) Preside the sessions of the Tribunal;
represented, by which a fact may be proved and affirmed, (c) Preserve order and decorum during the sessions and
which is received, recorded, transmitted, stored, for that purpose take such steps as may be convenient or
processed, retrieve, or produced electronically and as the Tribunal may direct;
includes digitally signed documents and any print-out or
output, readable by sight or other means, which (d) Enforce the discussions, resolutions and orders of the
accurately reflects the electronic document. Tribunal;
For purposes of these Rules, electronic documents refer (e) With the concurrence of the Tribunal and in
to either the picture image of the ballots and electronic accordance with the provisions of the Civil Service Law,
copies of the election returns, of statements of votes, of appoint the employees of the Tribunal and impose
certificates of canvass, and of the other electronic data disciplinary sanctions on them, including dismissal from
relative to the processing done by the PCOS machines the service. The confidential employees of every Member
and the various consolidation machines. (n) shall serve at his pleasure and in no case beyond his own
term;
Rule 3. Construction. - These Rules shall be liberally
constructed to achieve a just expeditious, and (f) Exercise administrative supervision over the personnel
inexpensive determination and disposition of every of the Tribunal, including the Office of the Clerk of the
contest before the Tribunal (R2) Tribunal; and
(g) Perform such other functions and acts as may be
necessary or appropriate to ensure the efficiency of the
THE TRIBUNAL Tribunal. (R8)
Rule 4. Meeting quorum and Divisions. - The President Rule 10. Administrative Staff of the Tribunal. - The
Electoral Tribunal shall meet on such days and hours as it Tribunal shall have a Clerk and a Deputy Clerk. Unless the
may designate at the call of the Chairman or of a majority Tribunal provides otherwise, the administrative staff of
of its Members. The presence of the majority of the the Tribunal shall be composed of the following:
Members shall be necessary to constitute a quorum. In
(a) Canvass Board Division
the absence of the Chairman, the next senior Member
shall preside. (b) Legal Division
In the absence of a quorum, the Members present, who (c) Information Systems and Judicial Records
shall not be less than five, may constitute themselves into Management Division
an executive body whose actions shall be subject to (d) Personnel Division
confirmation by the Tribunal at its next regular meeting.
(e) Finance and Budget Division
The Tribunal may constitute itself into Divisions for the
purpose of allocating and distributing its workload. Each (f) Accounting Division
Division shall act on such matters as may be assigned to (g) Cash Division. (R9)
it by the Tribunal. (R3)
Rule 11. The Clerk of the Tribunal. - The Tribunal may
Rule 5. Place of meetings. - The Tribunal or its Divisions designate the Clerk of the Supreme Court as the Clerk of
shall meet in the Session Hall of the Supreme Court or at the Tribunal who shall perform the following duties:
such other place as may be designated. (R4)
(a) Receive all pleadings and other documents properly
Rule 6. Control and supervision. - The Tribunal shall have presented, indicating on each document the date and
exclusive control and supervision of all matters pertaining time of its filling and furnishing each Member a copy;
to its operation. (R5)
(b) Keep a separate docket wherein shall be entered in
Rule 7. Express and implied powers. - The Tribunal shall chronological order election contests, quo warranto cases
exercise all powers expressly vested in it by the and proceedings had therein;
Constitution or by law, and such other powers as may be
inherent, necessary or incidental thereto for the (c) Certify under the Seal of the Tribunal its decisions,
accomplishment of its purposes and functions. (R6) resolutions, orders and notices;
Rule 8. Inherent powers. - The Tribunal shall have the (e) Keep a judgement book containing a copy of each
following inherent powers: decision, final order or resolution rendered by the
Tribunal in the order of their dates, and a Book of entries
(a) Preserve and enforce in proceedings before it or of Judgement containing in chronological order entries of
before any of its Divisions or officials acting under its the dispositive portions of all decisions, final orders or
authority; resolutions of the Tribunal;


(f) Implement the decisions, resolutions, orders and (c) the protestee's ground for ineligibility or the specific
processes issued by the Tribunal; acts of disloyalty to the Republic of the Philippines
(g) Keep and secure all scanned ballots stored in their (C) An election protest shall also state:
ballot boxes, the minutes of voting and counting of votes, (a) that the protestant was a candidate who had duly filed
the printed election returns, the statements of votes a certificate of candidacy and had been voted for the
(SOVs), the certificates of canvass (COCs), the certificate of same office.
canvass and proclamation (COCP) and other documents
used in the counting, canvassing, and consolidation of (b) the total number of precincts of the region, province,
votes as well as their equivalent electronic documents or city concerned;
saved and stored in accordance with the election rules; (c) the protested precincts and votes of the parties to the
(h) Keep an inventory and have the custody of the Seal protest in such precincts per the Statement of Votes By
and other public property belonging to or assigned for Precincts, or if the votes of the parties are not specified,
the use of the Tribunal; an explanation why the votes are not specified ; and
(I) Keep an account of the funds set aside for the (d) a detailed specification of the acts or omissions
expenses of the Tribunal, as well as the funds received complained of showing the electoral frauds, anomalies, or
and disbursed relative to the cases; and irregularities in the protested precincts. (n)
(j) Keep such other books and perform such other duties Rule 18. Extensions of time. - The periods provided in
as are prescribed by law for the Clerk of the Supreme Rules 15 and 16 above are jurisdictional and cannot be
Court as the Tribunal may direct. extended. (R17a)
The Deputy Clerk shall assist the Clerk of the Tribunal and Rule 19. Damages. - Actual or compensatory, moral and
shall perform such other duties and functions as may be exemplary damages as provided by law may be claimed
assigned to him by the latter. (R10) in election protest or quo warranto proceedings when
warranted. (R18)
Rule 12. The Seal. - The Seal of the Tribunal shall be
circular in shape and shall contain in the upper part the Rule 20. Petitions to be filed with the Tribunal. - Election
words "Presidential Electoral Tribunal" in the center the protests and petitions for quo warranto may be filed with
coat of arms of the Government of the Philippines and at the Office of the Clerk of the Tribunal in eighteen legible
the base the name "Republic of the Philippines." copies. The Clerk shall indicate on the petition the date
and hour of receipt. (R19)
The Seal of the Tribunal shall be affixed to all decisions,
rulings, resolutions, orders or notices of the Tribunal, Rule 21. Summary dismissal of election contest. - An
certified copies of the official records and such other election protest or petition for quo warranto may be
documents which the Tribunal may require to be sealed. summarily dismissed by the Tribunal without requiring
(R11) the protestee or respondent to answer if, inter alia:
(a) the protest or petition is insufficient in form and
substance;
ELECTION CONTESTS
(b) the protest or petition is filed beyond the periods
Rule 13. Jurisdiction. - The Tribunal shall be the sole judge provided in Rules 15 and 16;
of all contests relating to the election, returns, and
qualifications of the President or Vice-President of the (c) the filing fee is not paid within the periods provided in
Philippines. (R12) Rules 15 and 16;
Rule 14. How initiated. - An election contest is initiated by (d) the cash deposit or the first Two Hundred Thousand
the filing of an election protest or a petition for quo Pesos (P 200,000.00) is not paid within ten days after the
warranto against the President or Vice- President. An filing of the protest; and
election protest shall not include a petition for quo (e) the protest or petition or copies and their annexes
warranto. A petition for quo warranto shall not include an filed with the Tribunal are not clearly legible. (R20a)
election protest. (R13)
Rule 15. Election Protest. - The registered candidate for
President or Vice-President of the Philippines who SUMMONS, ANSWERS AND
received the second or third highest number of votes COUNTER-PROTESTS
may contest the election of the President or
Rule 22. Summons. - If the election protest or the petition
Vice-President, as the case may be, by filing a verified
for quo warranto is not summarily dismissed in
election protest with the Clerk of the Presidential
accordance with the immediately preceding Rule, Clerk
Electoral Tribunal within thirty days after the
of the Tribunal shall issue the corresponding summons to
proclamation of the winner. (R14)
the protestee or respondent together with a copy of the
Rule 16. Quo warranto. - A verified for quo warranto protest or petition requiring him to file an answer within
contesting the election of the President or Vice - ten days from receipt of the summons. (R21)
President on the ground of ineligibility or disloyalty to the
Rule 23. Answer. - The answer shall be verified and may
Republic of the Philippines may filed by any registered
set forth special and affirmative defenses. The protestee
voter who has voted in the election concerned within ten
or respondent may incorporate in his answer a counter
days after the proclamation of the winner. (R16)
-protest or ten days from receipt of summons in eighteen
Rule 17. Contents of the protest or petition. - (A) An clearly legible copies with proof of service of a copy upon
election protest or petition for quo warranto shall the protestant or petitioner. (R22)
commonly state the following facts:
Rule 24. Counter - protest. - A counter-protest must be
(a) the position involved; verified and filed within ten days from receipt of the
(b) the date of proclamation; and summons and the protest. The counter-protestee shall
answer the counter-protest within ten days from receipt
(c) the number of votes credited to the parties per the of a copy thereof. (R23)
proclamation.
Rule 25. Motion to dismiss. - No motion to dismiss shall
(B) A quo warranto petition shall as state: be entertained. Instead any ground for a motion to
(a) the facts giving the petitioner standing to the file the dismiss may be pleaded as an affirmative defense in the
petition; answer to the protest or counter-protest or petition for
quo warranto. In the exercise of its discretion, the
(b) the legal requirements for the office and the Tribunal may hold a preliminary hearing on such ground.
disqualifications prescribed by law; (R24)


Rule 26. Extensions of time. - No motion to dismiss shall of the sender and the registry receipt issued by the
be entertained. Instead, any ground for a motion to mailing office. The registry return card shall be filed with
dismiss may be pleaded as an affirmative defense in the the Tribunal immediately upon receipt of the sender or, in
answer to the protest or counter-protest or petition for lieu thereof, the unclaimed letter together with a certified
quo warranto. In the exercise of its discretion, the sworn copy of the notice given by the postmaster to the
Tribunal may hold a preliminary hearing on such ground. addressee, as the case may be. A resort to modes other
(R24) than personal service must be accompanied by a written
Rule 27. Failure to answer; effect. - If no answer is filed to explanation why the service or filing was not done
the protest, counter-protest or the petition for quo personally. (R30)
warranto within the period fixed in theses Rules, a
general denial shall be deemed to have been entered. FILING FEES, CHARGES AND DEPOSITS
(R26)
Rule 32. Filing fees. - No protest, counter-protest or
Rule 28. Amendments, limitations. - After the expiration
petition for quo warranto shall be deemed filed without
of the period for filing of the protest, counter-protest or
payment to the Tribunal of the filing fee in the amount of
petition for quo warranto, no substantial amendments
One Hundred Thousand Pesos (P100,000.000).
which broaden the scope of the action or introduce an
additional cause of action shall be allowed. An If a claim for damages or attorney's fees is set forth in a
amendment involving from may be admitted at any protest, counter-protest or petition for quo warranto. An
stage of the proceedings. additional filing fee shall be paid, which shall be, If the
sum is claimed is :
After the period for receiving the evidence has
commenced, no amendment to the pleadings affecting
Not more than P20,000 . . . . . . . . . . . . . . . . . P240.00
the merits of the case shall be granted except for
justifiable reasons.
When the Tribunal admits an amended protest, More than P20,000 but less than P300.00
counter-protest or petition, it may require the other party P40,000 . .
to answer the same within ten days from service of a copy
of such amended protest, counter-protest or petition of P40,000 or more but less than P60,000 . . P400.00
the resolution admitting the same. (R27) . .
Rule 29. Preliminary Conference. -
(a) Purpose. - After the filing of the last pleading, the P60,000 or more but less than P80,000 . . P500.00
Tribunal shall order a preliminary conference to consider: . .
(1) the possibility of obtaining stipulations or admissions
of facts and documents to avoid unnecessary proof; P80,000 or more but less than P100,000 . P800.00
. .
(2) the simplification of issues;
(3) the limitation of number of witnesses; P100,000 or more but less than P150,000 P1200.00
(4) the most expeditious manner for the retrieval of ballot .
boxes containing the ballots, election returns, certificates
of canvass and other election documents involved in the
For each P1,000 in excess of P150,000 . P100.00
election protest; and
(5) such other matters as may aid in the prompt Rule 33. Cash deposit. - In addition to the fees mentioned
disposition of the election protest or petition for quo above, each protestant or counter-protestant shall make
warranto. a cash deposit with the Tribunal in the following
(b) Preliminary conference brief. - The parties shall file amounts:
with the Tribunal and serve on the adverse party a (a) If the protest or counter-protest does not require the
preliminary conference brief at least five days before the bringing to the Tribunal of ballot boxes and other election
date of the preliminary conference, which shall contain: documents and paraphernalia, Twenty Thousand Pesos
(1) stipulations or admissions of facts and documents; (P20,000);
(2) the issues to be resolved; (b) If the protest or counter-protest requires the bringing
(3) the numbers and names of witnesses, and the nature of the ballot boxes and election documents or
and substance of their respective testimonies; paraphernalia, Five Hundred Pesos (P500.00) for each
precinct involved. If the amount of the deposit does not
(4) the list of not more than three provinces which the exceed Two Hundred Thousand Pesos (P200,000.00), the
parties may designate pursuant to Rule 65; and same shall be made in full with the Tribunal within ten
(5) the proposal on the prompt disposition of the case. days after the filing of the protest or counter-protest; and
(c) Preliminary conference order. - The tribunal shall issue (c) If the amount of the deposit exceeds Two Hundred
an order reciting the matters taken up during the Thousand Pesos (P200,000.00), a partial deposit of at
preliminary conference and the action thereon. (R28) least Two Hundred Thousand Pesos (P200,000.00) shall
be made within ten days after filing of the protest or
Rule 30. Other pleadings; how filed. - Except for the counter-protest. The balance shall be made in such
original election protest or petition for quo warranto installments as may be required by the Tribunal on at
which the Tribunal itself serves on the adverse party, least five days advance notice to the party required to
together with the summons, all other pleadings shall be make deposit.
filed with the Office of the Clerk of the Tribunal in
eighteen clearly legible copies and must be accompanied The cash deposit shall be applied by the Tribunal to the
with proof of service of a complete copy upon the adverse payment of all expenses incidental to the bringing of the
party or parties. ballot boxes and election documents or paraphernalia to
the Tribunal and returning them after the case is
No action shall be taken on pleadings that fail to comply terminated, and to the compensation of the members of
with this Rule. (R29) the revision committees. When the Tribunal determines
Rule 31. Proof of service. - Proof of personal service shall that the circumstances demand, it may require additional
consist of a written admission of the party served or the cash deposits. Any unused cash deposit shall be returned
affidavit of the party serving, containing a full statement to the protestant or counter-protestant after complete
of the date, place and manner of the service. If service is termination of the protest or counter-protest. (R32a)
made by registered mail, proof shall be made by affidavit



Rule 34. Effect of failure to make cash deposit. - If a party ballot boxes and revision of ballots and other documents
fails to make the cash deposits or additional deposits and storage devices, or the synchronization of such
herein required within the prescribed time limit, the recount of ballots. (R35a)
Tribunal may dismiss the protest or counter-protest, or (e) The expenses necessary and incidental to the bringing
take such action as it may deem equitable under the of the ballot boxes, election documents, and devices shall
circumstances. (R33) be shouldered and promptly paid by the protestant and
Rule 35.* Other legal fees. - The following legal fees shall counter-protestant, if any, in proportion to the precincts
be charged and collected: involved. The expenses necessary and incidental to the
(a) For furnishing certified transcripts of records or copies return of the ballot boxes, election documents, and
of any decision, resolution, record or entry to which any storage devices to their original custodians or the proper
person is entitled to demand and receive a copy, for each electoral bodies after the termination of the case shall be
page. . . . . P20.00 shared proportionately by the protestant and protestee
based on the number of precincts respectively contested
The certification is charged separately in the amount of . . by them, (R36a)
. P200.00
(b) For furnishing certified transcripts of notes taken by
stenographers to every person requesting the same for
REVISION OF VOTES
each page of not less than two hundred and fifty words. . Rule 38. Start of revision. - The revision of votes shall
P 20.00 commence on the date specified in the preliminary
(c) For every search for anything above a year's standing conference order, unless rescheduled by the Tribunal. (n)
and reading the same. . . P200.00 Rule 39. Revision Committees; under the Tribunal's
(d) For every certificate not on process. . . . P100.00 (R34a) supervision. -
(a) The Tribunal shall constitute such number of Revision
Committees (RC) as may be necessary. The Tribunal's
PRODUCTION AND CUSTODY OF BALLOT Clerk of Court shall submit a list of such committees to
BOXES, ELECTION DOCUMENTS, DATA the Chairman of the Tribunal for his approval. (R37a)
STORAGE DEVICES, AND MACHINES USED IN (b) Each RC shall be composed of a Coordinator who shall
ELECTIONS be a lawyer of the Tribunal, a recorder, a clerk, a typist,
and a ballot box custodian and one representative each
Rule 36. Issuance of precautionary order. - Where the from the protestant and the protestee. The Chairman of
allegations in a protest so warrant, the Tribunal shall, the Tribunal shall designate the RC Coordinators from
simultaneous with the issuance of summons, order the among its personnel. The parties shall also designate
municipal treasurer and election officer, and the their respective alternative representatives. (R37a)
responsible personnel and custodian to take immediate
(c) The RCs shall conduct the revision of votes in the
steps or measures to safeguard the integrity of all the
Tribunal', premises or at such other places as it may
ballot boxes and their contents, lists of voters with voting
designate but in every case under its strict supervision.
records, books of voters, and other documents or
The members of the RCs shall discharge their duties with
paraphernalia used in the election, as well as data storage
the highest degree of integrity, conducting the
devices containing electronic data evidencing the
proceedings with the same dignity and discipline as if
conduct and the results of elections in the contested
undertaken by the Tribunal itself. They shall exercise
precincts. (n)
extraordinary diligence and take precautionary measures
Rule 37. When ballot boxes and election documents are to prevent the loss, disappearance or impairment of the
brought before the Tribunal. - integrity of the ballots and other election documents,
(a) Within forty-eight hours from receipt of the answer whether electronic or printed, and other election
with counter-protest, if any, the Tribunal shall, when the paraphernalia. (n)
allegations in a protest or counter-protest warrants, order Rule 40. Compensation of the members of the RCs. - The
the ballot boxes and their contents with their keys, lists of Tribunal shall fix the compensation of the members of
voters with voting records, books of voters, the electronic the RCs, including the fees for the supplies and materials
data storage devices, and other documents, at One Thousand Five Hundred Pesos (P1,500) per
paraphernalia, or equipments relative to the precincts clustered precinct and shall be distributed as follows:
involved in the protest or counter-protest, to be brought
before it. (R35a) (a) Chairman P540.00
(b) The Tribunal shall notify the parties of the date and
time for the retrieval of the above-named items from (b) Recorder P240.00
their respective custodians. The parties may send
representatives to witness the same. The absence,
however, of a representative of a party shall not be reason (c) Ballot Box Custodian P240.00
to postpone or delay the bringing of the ballot boxes,
election documents, and data storage device, into the (d) Typist P240.00
custody of the Tribunal. (n)
(c) The Tribunal may, in its discretion, seek the assistance (e) Supplies/materials P184.00
of the Philippine National Police or the Armed Forces of
the Philippines in ensuring the safe delivery of the ballot The amount of P6.00 shall also be allocated for storage of
boxes and election paraphernalia into the custody of the the election paraphernalia and P50.00 for the honoraria
Tribunal. (n) of the warehouse handlers. The representatives of the
(d) Where any of the ballot boxes, ballots, election returns, parties shall be directly compensated by their respective
election documents or paraphernalia mentioned in the principals or by the parties themselves. (n)
first paragraph above are also involved in election Rule 41. Continuous revision - Once commenced the
contests before other for a, such as the Senate Electoral revision of votes shall continue from day to day as far as
Tribunal or the House of Representatives Electoral practicable until terminated.
Tribunal, the Tribunal shall have preferential right over the
custody and revision of ballots involved in simultaneous (a) Period for revision - The revision shall be conducted
protests. The Tribunal shall, however, make the from 8:30 o‘clock in the morning to 12:00 noon and from
appropriate coordination and request with the other 1:30 to 4:30 o'clock in the afternoon from Monday to
electoral bodies involved as to temporary prior custody of Friday except on non-working holidays The members of


the RCs may take a fifteen-minute break in each session. precinct or by another device certified by the
(n) Commission on Elections (COMELEC) as one that can
(b) Revision to continue even if a party representative is perform the desired authentication requirement through
absent or late - The revision of votes shall not be delayed the use of bar code and ultra-violet ray code detection
or postponed by reason of the absence or tardiness of a mechanism. (n)
party representative as long as the RC Coordinator and (j) Only when the RC through its coordinator determines
one party representative are present. The Chairman of the that the integrity of the ballots has been preserved will
Tribunal may at any time designate another Coordinator the revision proceed. (n)
if the regular Coordinator fails for any reason to report. (n) (k) Upon such determination the RC shall then look at the
(c) If the representative of the protestee is absent or late - ballot and count the votes as registered in each and
If the representative of the protestee is absent or late for every one of them for the contested position. (n)
thirty minutes and no alternative appears as a substitute (I) In looking at the shades or marks used to register votes
the revision shall nevertheless commence the protestee the RC shall bear in mind that the will of the voters
shall be deemed to have waived right to appear and to reflected as votes in the ballots shall as much as possible
object to the ballots in the precinct or precincts be given effect setting aside any technicalities.
scheduled for revision on that particular day. (n) Furthermore the votes thereon are presumed to have
(d) if the representative of protestant or been made by the voter and shall be considered as such
counter-protestant or of both parties fail to appear- If the unless reasons exist that will justify their rejection.
representative of the protestant or of both parties and However marks or shades which are less than 50% of the
alternates fail to appear for no justifiable reason within oval shall not be considered as valid votes. Any issue as to
one hour after fixed hours from the start of the revision whether a certain mark or shade is within the threshold
the ballot boxes scheduled for that day and the shall be determined by feeding the ballot on the PCOS
corresponding keys in the possession of the chairperson machine and not by human determination. (n)
shall be returned to the ballot box custodian of the (m) The rules on appreciation of ballots under Section 211
Tribunal and shall no longer be revised it is understood of the Omnibus Election Code shall apply suppletorily
that the parties waive their right to revise the same and when appropriate. (n)
the RC Coordinator concerned shall state such facts in
the corresponding RC report. (n) (n) There shall be a tally sheet when conducting a manual
count of at least 5 copies plus additional copies
Rule 42. Prohibited access - During the revision of votes depending on the number of additional parties that will
no person other than the Members of the Tribunal the be used for the tallying of the votes as they are counted
clerk of the Commission the RC Coordinator and the through the use of the tara or stick. (n)
members of the RCs the parties and their duly authorized
representatives shall have access to the revision area. (n) (o) After all the ballots from one ballot box have been
counted the RC shall secure the contested ballots and
Rule 43. Conduct of the revision - The revision of votes complete the revision report for said precinct. Thereafter
shall be done through the use of appropriate PCOS it shall proceed to revise the votes on the ballots from the
machine or manually and visually as the Tribunal may next precinct. (n)
determine and according to the following procedures:
(p) In case of multiple RCs the revision shall be done
(a) The date and place of the revision and the number of simultaneously.
the RCs shall be set during the preliminary conference.
(n) (q) In the event that the RC determines that the integrity
of the ballots box was not preserved as when there is
(b) The RCs shall convene at the appointed place and on proof of tampering or substitution it shall proceed to
the appointed day. (n) instruct the printing of the picture image of the ballots of
(c) The ballot boxes containing the ballots from the the subject precinct stored in the data storage device for
protested precincts the data storage device used in such the same precinct. The Tribunal may avail itself of the
precincts as well as the machine or any device that can assistance of the COMELEC for the service of the service
be used to authenticate or assure the genuineness of the of a non-partisan technical person who shall conduct the
ballots shall be brought to the venue of revision on the necessary authentication process to ensure that the data
same day. (n) or images stored are genuine and not merely substitutes.
(d) The different RCs shall be provided with an adequate It is only upon such determination that the printed
workspace with tables and chairs that would enable picture image can be used for the revision of votes. (n)
them to perform the revision in an efficient and Rule 44. Preparation and submission of revision report. -
transparent manner. (n) The RCs shall prepare and submit to the Tribunal a
(e) The RCs shall upon the request in writing of the revision report per precinct stating the following:
parties randomly pick the precinct that would be the (a) The precinct number
subject of the revision. (n) (b) The date, place and time of revision
(f) Before opening the ballot box the RCs shall note its (c) The condition and serial numbers of the following:
condition as well as that of the locks or locking
mechanism and record the condition in the revision (1) Ballot boxes
report From its observation the RCs must also make a (2) Locks; and
determination as to whether the integrity of the ballot
box has been preserved. (R40a)] (3) Data storage device
(g) The ballot box shall then be opened and the ballots (d) The votes of the parties per physical count of the
shall be taken out. The "valid" ballots shall first be counted paper ballots.
without regard to the votes obtained by the parties. This (e) The votes of the parties per ballot-box copy of the
will be followed by the counting of the torn unused and election returns
stray ballots as classified at the polling place. (n)
(f) The number of ballots questioned by the parties
(h) The votes appearing in election returns copy for the indicating their exhibit number
ballot box shall then be recorded in the minutes. (n)
(g) The number of torn unused and stray ballots
(i) Prior the actual conduct of the revision of the votes the
RC must authenticate each and every ballot to make sure (h) The entries in the Minutes of Voting and Counting
that they were the same ballots that were cast and fed to particularly
the PCOS machine during the elections. The (1) The number of registered voters
authentication shall be through the use of the PCOS (2) The number of voters who actually voted
machine actually used during the elections in the subject



(3) The number of official ballots together with their serial working day until completed or until expiration of the
number used in the election period granted for such purpose. (R46)
(4) The number of ballots actually used indicating the Rule 50. Photographing or electronic copying. - Upon
serial numbers of the ballots and prior approval of the Tribunal, photography or electronic
(5) The unused ballots together with their serial numbers. copying of ballots, election returns or election documents
shall be done within its premises under the supervision of
The revision forms shall be made available prior to the the Clerk of the Tribunal or his duly authorized
revision. The per-precinct revision report shall be signed representative, with the party providing his own
and certified to by the revision coordinator and the photographing or electronic copying equipment. (R47a)
representatives of the parties, and shall form part of the
records of the case. The tally sheet used for the revision Rule 51. Scope of technical examination. - Only the
shall be attached to the report. ballots, election returns and other election documents
allowed by the Tribunal to be examined shall be subject
In addition to the per-precinct revision report, the RC to such examination. (R48)
shall also prepare and submit to the Tribunal, within
seven (7) days from the termination of the revision, a
committee report summarizing the data, cotes, questions SUBPOENAS
on the ballots, significant observations made in the
Rule 52. Who may issue. - The Tribunal may issue
revision of votes from each of the protested precincts
subpoena ad testificandum or subpoena duces tecum
and, later from the counter-protested precincts, and
motu proprio or upon request of any of the parties. (R50)
comments and objections in case of disagreement
between RC members Each party furnished with a copy Rule 53. Form and contents - A subpoena ad
of the committee report may submit their comments testificandum, signed by the Clerk of the Tribunal shall
thereon within a non-extendible period of seven days state the name of the Tribunal, the title of the action and
from notice. (n) be directed to the person whose attendance is required
Asubpoena ducestecum shall contain a reasonable
Rule 45. Inquiry as to security markings and vital
description of the books, documents or things demanded
information relative to ballots and election documents. -
which appear prima facie relevant. (R51)
When a revision of ballots is ordered and for the guidance
of the members of the Revision Comments. The Tribunal Rule 54. Authority of Hearing Commissioners to issue
shall direct the COMELEC to give advice and instructions subpoena. - The Tribunal may authorize Hearing
to the RCs on the security markings on the ballots and Commissioners to issue subpoenas in cases assigned to
election documents. The Tribunal shall likewise designate them for reception of evidence. (R52)
a technical person who assists the RCs in authenticating
electronic documents if needed, as well as in
transforming the same to a form that can make them RECEPTION EVIDENCE
observable to the Tribunal. (n) Rule 55. Hearings - After the submission of all
Revision/Correction Reports, the Tribunal may delegate
the reception of evidence to a Hearing Commissioner
TECHNICAL EXAMINATION who is a member of the Bar (R53)
Rule 46. Motion for technical examination; contents. - Rule 56. Preliminary conference. - The Hearing
Within five days after completion of the revision of votes, Commissioner shall fix a date for the reception of
either party may move for a technical examination, evidence and submission of the affidavits of the
specifying: witnesses of the parties, with the adverse parties being
(a) The nature of the technical examination requested furnished copies.
(e.g. the examination of the genuineness of the ballots or Reception of the evidence shall be done at the offices of
election returns, and others); the Tribunal unless Hearing Commissioner directs its
(b) The documents to be subjected to technical reception in some other place (R54)
examination; Rule 57. Procedure of hearings. - At the hearings, the
(c) The objections made in the course of the revision of affidavits of the witnesses submitted by the parties shall
votes which he intends to substantiate with the results of constitute their direct testimonies. Witnesses who testify
the technical examination; and may be subject to cross - examination, redirect or re-cross
examination. Should the affiant fail to testify, his affidavit
(d) The ballots and election returns covered by such
shall not be considered as competent evidence for the
objections. (R43a)
party presenting the affidavit, but the adverse party may
Rule 47. Technical examination time limits. - The Tribunal utilize the same for any admissible purpose.
may grant the motion for technical examination in its
Except on rebuttal or surrebuttal, no witness shall be
discretion and other such conditions as it may impose. If
allowed to testify unless his affidavit was previously
the motion is granted the Tribunal shall schedule the
submitted to the Tribunal
technical examination, notifying the other parties at least
five days in advance. The technical examination shall be However, should a party desire to present additional
completed within the period allowed by the tribunal. A affidavits or counter-affidavits as part of his direct
party may attend the technical examination, either evidence, he shall manifest during the preliminary
personally or through a representative, but the technical conference, stating their purpose. If allowed by the
examination shall proceed with or without his Tribunal, the additional affidavits of the protestee shall be
attendance, provided due notice has been given to him. submitted to the Tribunal and serve on the adverse party
not later than five days after the termination of the
The technical examination shall be conducted at the
preliminary conference. If the additional affidavits are
expense of the movant and under the supervision of the
presented by the protestant, the protestee may file his
Clerk of the tribunal of his duly authorized representative.
counter-affidavits and serve the same on the protestant
(R44)
within five days of such service. (R55a)
Rule 48. Experts who shall provide. - The tribunal shall
Rule 58. Cross-examination; effect of absence of a party.
independent experts necessary for the conduct of a
- In the reception of evidence of a party before a Hearing
technical examination. The parties may avail themselves
Commissioner, the other party has a right to be present
of the assistance of their own experts who may observe,
and to cross-examine the witness presented.
but not interfere with, the examination conducted by the
experts of the Tribunal. (R45) The Hearing Commissioner may proceed ex parte in the
absence of the other party provided he has been duly
Rule 49. Technical examination not interrupted. - Once
notified of the hearing.
started, the technical examination shall continue every



If a party presenting evidence fails to appear at the time
and place designated, the Hearing Commissioner may INITIAL DETERMINATION OF THE GROUNDS
adjourn the proceedings to a future day, giving notice to
the absent party of his attorney of the adjournment. The FOR PROTEST
delay shall be charged to the party's period to present Rule 65. Dismissal, when proper - The Tribunal may
evidence. (R56) require the protestant or counter-protestant to indicate ,
Rule 59. Hearing Commissioner to rule on objections. - within a fixed period , the province or provinces
The Hearing Commissioner receiving the evidence shall numbering not more than three best exemplifying the
rule on objections made in the course of frauds or irregularities alleged in his petition and the
cross-examination subject to review by the Tribunal. revision of ballots and reception of evidence will begin
with such provinces. If upon examination of such ballots
An exception to a ruling of the Hearing Commissioner and proof and after making reasonable allowances, the
shall not suspend the reception of evidence. (R57) Tribunal is convinced that, taking all circumstances into
Rule 60. Procedure after hearing by Commissioner. - The account, the protestant or counter-protestant will most
Hearing Commissioner shall submit the evidence probably fail to make out his case, the protest may
presented, together with the transcripts of the forthwith be dismissed, without further consideration of
proceedings held before him, to the Tribunal within five the other provinces mentioned in the protest.
days. (R58) The preceding paragraph shall also apply when the
Rule 61. Time limit for presentation of evidence. - Each election protest involves correction of manifest errors.
part is given a period of thirty working days to complete (R63)
the presentation of his evidence, including its format
offer. This period shall begin from the first date set for the
presentation of the party's evidence. Either before the VOTING
Tribunal or a Hearing Commissioner. Rule 66. Votes required. - In resolving all matters or
The hearing for any particular day or days may be questions submitted to the Tribunal, including the
postponed or canceled upon the request of either party. rendition of a decision and the adoption of resolutions,
The delay caused by such postponement shall be the concurrence of a majority of the Members present
charged to the period for presenting evidence of the constituting a quorum, who actually took part in the
movant. deliberations on the issue of the case and voted therein,
shall be necessary. (R64)
The following shall not be charged against the period
allotted to either party:
(a) The period when presentation of the party's evidence DECISION
is suspended by order of the Tribunal or the Hearing Rule 67. Procedure in deciding contests. - In rendering its
Commissioner by reason of the pendency of an issue in decision, the Tribunal shall follow the procedure
the nature of a prejudicial question which must first be prescribed for the Supreme Court in Sections 13 and 14,
resolved before the hearing can continue: and Article VIII of the Constitution. (R65)
(b)The time taken up in the cross-examination of his Rule 68. Promulgation of decision. - After the judgment
witnesses by the other party. and dissenting opinions, if any, are signed, they shall be
A party may present rebuttal or surrebuttal evidence delivered for filing with the Clerk of the Tribunal who shall
during the remainder of the thirty-day period that he has cause true copies to be served personally upon the
not utilized for the presentation of his evidence-in-chief parties or their counsel (R66)
(R59) Rule 69. Finality of decision. - The decision shall become
Rule 62. Evidence not formally offered, inadmissible - final ten days after receipt of a copy by the parties or their
Evidence not formally offered shall not be admitted and counsel if no motion for reconsideration is filed.
considered by the Tribunal in deciding the case (R60) No motion shall be entertained for the reopening of a
Rule 63. When submitted; contents - Within twenty days case; a motion for reconsideration of a decision may be
from receipt of the Tribunal's ruling on the last offer of allowed under the evidence of record, A party may file a
evidence by the protestee , the parties shall motion for reconsideration within ten days from service
simultaneously submit their respective memoranda of a copy of the decision, No party may file more than one
setting forth briefly. motion for reconsideration, copy of which shall be served
(a) The facts of the case; personally upon the adverse party who may answer the
motion within five days after its receipt.
(b) A complete statement of all the arguments submitted
in support of their respective views of the case: If the motion for reconsideration is denied, the decision
shall become final and executory upon personal service
(c) Objections to the ballots adjudicated to or claimed by on the parties of the resolution disposing of the motion
the other party in the revision of ballots: for reconsideration. IF the motion for reconsideration is
(d) Refutation of the objections of the other party to the granted, the party adversely affected may move to
ballots adjudicated to or claimed in the revision of ballots reconsider within ten days from receipt of the resolution
granting the motion for reconsideration; otherwise, the
(e) Objections to the tallying of election returns and decision as reconsidered shall become final and executor
certificates of canvass raised by the other party in the after the lapse of said period. (R67)
correction of manifest error; and
Rule 70. Entry of judgment. - The judgment shall be
(f) Refutation of the objections raised by the other party entered by the Clerk of the Tribunal immediately upon its
to the tallying of election returns and certificates of finality. The recording of the judgment in the Book of
canvass in the correction of manifest error. Entries of Judgment shall constitute its entry. The record
All evidence, as well as objections to evidence presented shall contain the dispositive part of the judgment and
by the other party, shall be either referred to or contained shall be signed by the Clerk of the Tribunal, with a
in the memorandum or in an appendix thereto (R61) certificate that such judgment has become final and
executor. (R68)
Rule 64. Supplemental or rebuttal memorandum. -
When required or allowed by the Tribunal, a party shall a Rule 71. Procedure after finality of decision. - As soon as a
supplemental or rebuttal memorandum (R62) decision is entered, notice shall be sent to the Senate, the
House of Representatives, the Commission on Elections
and the Commission on Audit.


The originals of the decisions of the Tribunal shall be kept In voluntary liquidation proceedings of both juridical and
in bound form in the archives of the Tribunal. (R69) individual debtors, jurisdiction over all persons affected by
the proceedings is acquired upon publication of the
Liquidation Order as provided in these Rules.
COSTS
In involuntary liquidation proceedings of juridical debtors,
Rule 72. When allowed. - Costs shall be allowed to the jurisdiction over all persons affected by the proceedings is
prevailing party as a matter of course. The Tribunal shall acquired upon publication of the petition or motion
have the power, for special reasons, to apportion the under Section 7, Rule 2 (B) of these Rules.
costs, as may be equitable. (R70)
In involuntary liquidation proceedings of individual
debtors, jurisdiction over the person of the debtor is
SUPPLEMENTARY RULES acquired upon service of summons in accordance with
Section 15, Rule 3 (C) of these Rules; whereas jurisdiction
Rule 73. Applicability. - The following shall be applicable over all other persons affected by the proceedings is
by analogy or in suppletory character and effect in so far acquired upon publication of the Liquidation Order under
as they may be applicable and are not inconsistent with Section 2, Rule 4 (A)of these Rules.
these Rules and with the decisions, resolutions and
orders if the Tribunal, namely: In suspension of payments proceedings, jurisdiction over
all persons affected by the proceedings is acquired upon
(a) The Revised Rules of Court; publication of the Suspension of Payments Order as
(b) Decisions of the Supreme Court; and provided in these Rules.
(c) Decisions of the Electoral Tribunal. The proceedings shall be summary and non-adversarial
in nature. The following pleadings are prohibited:
(R71)
(a) motion to dismiss;
(b) motion for a bill of particulars;
AMENDMENT
(c) petition for relief;
Rule 74. Amendment. - The Tribunal may, at any time,
amend these Rules. (R72) (d) motion for extension;
(e) motion for postponement and other motions of
similar intent;
EFFECTIVITY
(f) reply;
Rule 75. Effectivity. - These Rules shall take effect fifteen
(15) days after publication in a newspaper of general (g) rejoinder;
circulation in the Philippines. (R73a) (h) intervention; and
(i) any pleading or motion similar to, or of like effect as,
any of the foregoing.
A.M. No. 15-04-06-SC | FINANCIAL For stated and fully supported compelling reasons, the
LIQUIDATION AND SUSPENSION OF court may allow the filing of motions for extension or
PAYMENTS RULES OF PROCEDURE FOR postponement, provided, the same shall be verified and
under oath.
INSOLVENT DEBTORS (2015) Any pleading, motion, or other submission by any
interested party shall be supported by verified
statements that the affiant has read the submission and
April 21, 2015 its factual allegations are true and correct of his personal
knowledge or based on authentic records, and shall
contain supporting annexes, which the submitting party
Pursuant to Section 6, Chapter I of Republic Act No. 10142,
shall attest as faithful reproductions of the originals. An
otherwise known as the "Financial Rehabilitation and
unverified submission shall be considered as not filed. An
Insolvency Act (FRIA) of 2010," the Court hereby adopts
improperly verified submission may be considered as not
and promulgates the following Rules of Procedure for the
filed, at the discretion of the judge. Upon motion, the
Liquidation of Insolvent Juridical and Individual Debtors,
court may order that the originals of the annexes to a
and Suspension of Payments of Insolvent Individual
submission be produced in court for examination or
Debtors:
comparison by a party to the proceedings.
All pleadings or motions shall be filed simultaneously in
RULE 1 Coverage and General Provisions three (3) printed and two (2) digitized copies in compact
SECTION 1. Title. — These Rules shall be known and cited discs, flash drives, or other compatible Information and
as the "Financial Liquidation and Suspension of Payments Communications Technology (ICT) media, in PDF format.
Rules of Procedure for Insolvent Debtors" or the "FLSP The court may decide matters on the basis of the
Rules." pleadings and other documentary evidence, and conduct
SECTION 2. Scope. — These Rules shall govern the clarificatory hearings when necessary.
practice, pleading, and procedure for the liquidation of Any order issued by the court under these Rules is
insolvent juridical and individual debtors, and suspension immediately executory. Review of any order of the court
of payments of insolvent individual debtors pursuant to shall be in accordance with Rule 5 of these Rules.
the FRIA. Provided, however, that the reliefs ordered by the trial of
They shall similarly govern all further proceedings in appellate courts shall take into account the need for
insolvency cases already pending, except to the extent resolution of the proceedings in a just, equitable, and
that, in the opinion of the court, its application would not speedy manner.
be feasible or would work injustice, in which event the SECTION 4. Construction of Rules. — These Rules shall be
procedures originally applicable shall continue to govern. liberally construed to promote a timely, fair, transparent,
These Rules shall have suppletory application to the effective, and efficient liquidation and suspension of
liquidation of entities expressly excluded from the payments of debtors, in accordance with the declared
coverage of the FRIA under Section 5, Chapter I thereof. policy of the FRIA.
SECTION 3. Nature of Proceedings. — The proceedings SECTION 5. Definition of Terms. — Terms used but not
under these Rules shall be in rem. defined herein shall have the same meanings ascribed to
them in the FRIA:



(a) Administrative expenses shall refer to those and Officers. — The individual debtor, owner of a sole
reasonable and necessary expenses: proprietorship, the partners in a partnership, or the
(1) incurred in connection with the filing of a petition directors and officers of a corporate debtor shall be liable
under these Rules, including filing and professional fees for double the value of the property sold, embezzled or
in preparing the petition; disposed of, or double the amount of the transaction
involved, whichever is higher, to be recovered for the
(2) arising from, or in connection with the proceedings benefit of the debtor and the creditors, if they, having
under these Rules; notice of the commencementof the proceedings, or
(3) incurred in the ordinary course of business of the having reason to believe that the proceedings are about
debtor after the commencement date; to be commenced, or in contemplation thereof, willfully
commit the following acts:
(4) incurred for the fees of the liquidator/commissioner
and/or of the professionals he may engage; and (a) dispose or cause to be disposed any property of the
debtor other than in the ordinary course of business or
(5) those otherwise authorized or mandated under the authorize or approve any transaction in fraud of creditors
FRIA or such other expenses authorized under these or in a manner grossly disadvantageous to the debtor
Rules. and/or creditors; or
(b) Asset is anything of value, which may be either (b) conceal, authorize or approve the concealment from
tangible or intangible. Tangible assets can be current the creditors, or embezzle or misappropriate, any
assets or fixed assets. Current assets may include cash on property of the debtor.
hand, money in banks or inventory, while fixed assets
may include plant, building, property and equipment. The court shall determine the extent of the liability of an
Intangible assets may include intellectual property (such owner, partner, director or officer under this section. In
as copyrights, patents, and trademarks) and financial this connection, in case of partnerships and corporations,
assets (such as accounts receivables, subscriptions the court shall consider the amount of the shareholding
receivables, and bonds and stocks). or partnership or equity interest of such partner, director
or officer, the degree of control of such partner, director
The value of these assets must appear in the latest or officer over the debtor, and the extent of the
audited financial statements immediately preceding the involvement of such partner, director or debtor in the
filing of the petition. In case the debtor is less than three actual management of the operations of the debtor.
(3) years in operation, it is sufficient that the book value is
based on the audited financial statement/s for the two (2)
years or year immediately preceding the filing of the RULE 2 Liquidation of Insolvent Juridical Debtors
petition, as the case may be.
A. Voluntary Liquidation
(c) Commencement date shall refer to the date on which
the court issues a commencement order in a SECTION 1. Who May File Petition; Venue; Contents. — An
rehabilitation case. insolvent juridical debtor may file a verified petition for
liquidation in the Regional Trial Court which has
(d) Court/s shall refer to the Regional Trial Court/s jurisdiction over its principal office as specified in its
designated by the Supreme Court as special commercial articles of incorporation or partnership. Where the
court/s. principal office of the corporation or partnership as
(e) Insolvency shall refer to the financial incapacity of the registered with the Securities and Exchange Commission
debtors to pay their liabilities as they fall due in the (SEC) is in Metro Manila, the petition must be filed in the
ordinary course of business or whenever their liabilities Regional Trial Court of the city or municipality where the
are greater than their assets. head office is located. The petition shall indicate the
names of at least three (3) nominees to the position of
(f) Liquidation shall refer to the proceedings under liquidator and shall include, as minimum attachments,
Chapters V, VI (B) and (C), and VII of the FRIA. the following:
(g) Liquidation Order shall refer to the order issued by the (a) a certificate attesting to the holding of a meeting of
court pursuant to Section 2, Rule 4 (A) of these Rules. the Board of Directors of a stock corporation or the Board
(h) Liquidator shall refer to the natural person or juridical of Trustees of a non-stock corporation, as the case may
entity appointed as such by the court pursuant to these be, called for the purpose and the approval during the
Rules and entrusted with such powers and duties as set meeting of a resolution to file the petition, signed by the
forth herein; Provided, that if the liquidator is a juridical secretary of the meeting and at least a majority of the
entity, it must designate a natural person who possesses members of the Board present during the meeting;
all the qualifications and none of the disqualifications as (b) a certificate attesting to the holding of a meeting of
its representative, it being understood that the juridical the stockholders, members or partners comprising the
entity and the representative are solidarily liable for all debtor, as the case may be, called for the purpose and the
obligations and responsibilities of the liquidator. approval during the meeting of a resolution to file the
(i) Proceedings, unless the term is used in a different petition by the stockholders holding at least two-thirds
context, shall refer to liquidation proceedings or (2/3) of the outstanding capital stock of the stock
suspension of payments proceedings, as the case may be, corporation, or two-thirds (2/3) of the members or
under these Rules. partners in case of a non-stock corporation, association or
partnership, as the case may be, signed by the chairman
(j) Suspension of Payments Order shall refer to the order
and the secretary of the meeting;
issued by the court pursuant to Section 2, Rule 3 (A) of
these Rules. (c) a schedule of debts and liabilities, which lists all the
creditors of the debtor, indicating the name and last
(k) Working day shall have the same meaning as business
address of record of each creditor; the amount of each
day.
claim as to principal, interest, or penalties due thirty (30)
SECTION 6. Debtor Spouses as Parties. — A married days prior to the date of filing; the nature of the claim;
individual debtor shall sue or be sued jointly with his or and any pledge, lien, mortgage, judgment or other
her spouse, except as provided by law. security given for the payment thereof;
SECTION 7. Applicability of Rule 5 of the FR Rules. — Rule (d) an inventory of assets, which must list with reasonable
5 of the FR Rules on Cross-Border Insolvency Proceedings particularity all the assets of the debtor, whether in the
is hereby made applicable to liquidation proceedings possession of the debtor or third parties, stating the
and, for this purpose, is adopted as part of these Rules. nature of each asset; the location and condition thereof;
SECTION 8. Liability of Individual Debtor, Owner of a Sole the book value and market value of the asset, attaching
Proprietorship, Partners in a Partnership, or Directors the corresponding certified copy of the certificate of title
thereof in case of real property, or the evidence of title or



ownership in case of movable property; the (b) the debtor's assets, including receivables and claims
encumbrances, liens or claims thereon, if any, and the against third parties; and
identities and addresses of the lien holders and claimants; (c) the audited financial statements of the debtor for the
(e) a schedule of current income and expenditures within immediately preceding three (3) years.
three (3) months prior to the filing of the petition; SECTION 5. Bond. — The petitioners shall post a bond in
(f) a list of all properties acquired by the debtor in the an amount at least equal in value to the aggregate of
immediately preceding two (2) years; their claims, conditioned upon payment to the debtor of
(g) a list of all properties sold, disposed of, or donated by all expenses and damages it may incur by reason of the
the debtor in the immediately preceding two (2) years; filing of the petition if the same is later denied or
dismissed by the court, or withdrawn by the petitioners
(h) a schedule of the debtor's executory contracts and without the consent of the debtor.
unexpired leases;
SECTION 6. Filing of a Motion to Convert Rehabilitation
(i) the audited financial statements of the debtor for the Proceedings into Liquidation Proceedings. — When there
immediately preceding three (3) years; and is a pending court-supervised or pre-negotiated
(j) the income tax return of the debtor for the rehabilitation proceedings, three (3) or more creditors the
immediately preceding year. aggregate of whose claims is at least either One Million
Pesos (P1,000,000.00) or at least twenty-five percent (25%)
All attachments to the petition shall be deemed part and of the subscribed capital, or partners' contributions, of the
parcel of the verified petition. debtor, whichever is higher, may file a motion in the
SECTION 2. Filing of a Motion to Convert Rehabilitation same court where the rehabilitation proceedings are
Proceedings into Liquidation Proceedings. — When there pending to convert the rehabilitation proceedings into
is a pending court-supervised or pre-negotiated liquidation proceedings. The motion shall be verified and
rehabilitation proceeding, the debtor may file a motion in shall contain or set forth the same matters mentioned in
the same court where the rehabilitation proceedings are Section 4 of this Rule.
pending to convert the rehabilitation proceedings into SECTION 7. Action on the Petition or Motion. — If the
liquidation proceedings. The motion shall be verified and court finds the petition or motion sufficient in form and
shall contain or set forth the same matters mentioned in substance, it shall issue an order:
the preceding section and the grounds relied upon as
provided under the FRIA. (a) directing the publication of the petition or motion in a
newspaper of general circulation in the Philippines once
SECTION 3. Action on the Petition or Motion. — If the a week for two (2) consecutive weeks;
court finds the petition or motion, as the case may be, to
be sufficient in form and substance, it shall issue the (b) directing the debtor, all known creditors, and any
Liquidation Order mentioned in Section 2, Rule 4 (A) of other interested party, to file their comment on the
these Rules. Otherwise, the court shall dismiss the petition or motion within fifteen (15) days from notice of
petition or deny the motion. The court may take any the order; and
action necessary for the foregoing purposes but it shall (c) directing that a copy of the petition or motion be
have a maximum period of ten (10) working days from the served on the debtor and on all known creditors, unless
date of the filing of the petition or motion to issue the they exceed twenty (20) in number, in which case, service
Liquidation Order, dismiss the petition, or deny the shall be made on at least the first twenty (20) largest
motion. known creditors of the debtor in terms of credits held.
B. Involuntary Liquidation However, if there are more than twenty (20) known
creditors (who are not petitioners) and one or more of
SECTION 4. Who May File Petition; Venue; Contents. — them acquired their credit/s within the six (6)-month
Three (3) or more creditors the aggregate of whose claims period immediately preceding the filing of the petition,
is at least either One Million Pesos (P1,000,000.00) or at the number of creditors to be served copies of the
least twenty-five percent (25%) of the subscribed capital petition shall be increased by the same number.
stock or partners' contributions of the insolvent juridical
debtor, whichever is higher, may file a petition for the SECTION 8. Hearing on the Petition or Motion. — The
liquidation of an insolvent juridical debtor in the Regional court shall conduct a hearing if the petition or motion, as
Trial Court which has jurisdiction over the principal office well as the comments thereto raise issues of facts.
of the debtor as specified in its articles of incorporation or On the basis of the pleadings and the hearing conducted,
partnership. Where the principal office of the corporation if any, the court shall determine whether the evidence is
or partnership as registered with the SEC is in Metro sufficient to warrant the issuance of a Liquidation Order
Manila, the petition must be filed in the Regional Trial mentioned in Section 2, Rule 4 (A) of these Rules.
Court of the city or municipality where the head office is Otherwise, the court shall dismiss the petition or deny the
located. The petition must be verified by each of the motion.
petitioners or, if the petitioners or any of them is a
corporation, partnership, or association, then by any of SECTION 9. Conversion by the Court of Rehabilitation
their duly authorized officer/s or representative/s. The Proceedings into Liquidation Proceedings. — After notice
petition shall indicate the names of at least three (3) and hearing, the court where rehabilitation proceedings
nominees to the position of liquidator, and must show are pending may also order the conversion of
that: rehabilitation proceedings into liquidation proceedings in
those cases authorized by law, or at any other time upon
(a) there is no genuine issue of fact or law on the claim/s the recommendation of the rehabilitation receiver or
of the petitioner/s, and that the due and demandable management committee that the rehabilitation of the
payments thereon have not been made for at least one debtor is no longer feasible. In such case, the FLSP Rules
hundred eighty (180) days or that the debtor has failed shall apply.
generally to meet its liabilities as they fall due; and
(b) there is no substantial likelihood that the debtor may
be rehabilitated.
RULE 3 Insolvency of Individual Debtors
The petition shall also include information to the best
knowledge of the petitioners on: A. Suspension of Payments
(a) the schedule of debts and liabilities, including a list of SECTION 1. Who May File Petition; Venue; Contents. — An
its known creditors with their addresses, amounts of individual debtor who has assets that exceed his liabilities
claims and collaterals, or securities, if any; but foresees the impossibility of paying his debts when
they respectively fall due may file a verified petition for
suspension of payments in the court having jurisdiction


over the province or city where he has resided for six (6) SECTION 4. Persons Who May Refrain from Attending
months prior to the filing of the petition. and Voting during the Creditors' Meeting. — Secured
The petition shall indicate the names of at least three (3) creditors and creditors having claims for personal labor,
nominees to the position of commissioner and shall maintenance, expense of last illness and funeral of the
include, as minimum attachments, the following: wife or children of the debtor incurred within sixty (60)
days immediately prior to the filing of the petition may
(a) a schedule of debts and liabilities, including a list of refrain from attending the creditors' meeting and from
creditors with their addresses, amount of claims and voting therein. Such persons shall not be bound by any
collaterals, if any; agreement arrived at in such meeting, unless, being
(b) an inventory of all the debtor's assets, including aware of this right, they attend the meeting, participate in
receivables and claims against third parties; the discussions and vote therein.
(c) a schedule of current income and expenditures within SECTION 5. Who May be Appointed Commissioner. — The
three (3) months prior to the filing of the petition; commissioner, who shall preside over the creditors'
meeting in connection with the proceedings, shall be a
(d) the income tax return of the debtor for the natural person who shall have the following minimum
immediately preceding year; qualifications:
(e) a list of all properties acquired by the debtor in the (a) a citizen of the Philippines or a resident thereof for six
immediately preceding two (2) years; (6) months immediately preceding his appointment;
(f) a list of all properties sold, disposed of, or donated by (b) of good moral character and with acknowledged
the debtor in the immediately preceding two (2) years; integrity, impartiality and independence;
(g) a schedule of the debtor's executory contracts and (c) has the requisite knowledge of insolvency laws, rules
unexpired leases; and and procedures; and
(h) a proposed agreement with the creditors. (d) has no conflict of interest; Provided, that such conflict
All attachments to the petition shall be deemed part and of interest may be waived, expressly or impliedly, by a
parcel of the verified petition. party who may be prejudiced thereby. An individual shall
be deemed to have a conflict of interest if he is so situated
SECTION 2. Action on the Petition. — If the Court finds the as to be materially influenced in the exercise of his
petition sufficient in form and substance, it shall, within judgment for or against any party to the proceedings.
five (5) working days from the filing of the petition, issue
a Suspension of Payments Order: The debtor or any creditor may file a written objection to
the commissioner appointed by the court on the ground
(a) prohibiting creditors from suing or instituting that he does not meet the foregoing minimum
proceedings for collection against the debtor, except: (i) requirements. If the court finds merit in the objection, it
creditors having claims for personal labor, maintenance, shall appoint a new commissioner.
expense of last illness and funeral of the wife or children
of the debtor incurred within sixty (60) days immediately SECTION 6. Creditors' Meeting. — The presence of
prior to the filing of the petition; and (ii) secured creditors; creditors, either in person or through a representative
duly authorized in writing, holding claims amounting to
(b) calling a meeting of all the creditors named in the at least three-fifths (3/5) of the liabilities of the petitioner,
schedule of debts and liabilities at a time not less than excluding liabilities unaffected by the Suspension of
fifteen (15) days nor more than forty (40) days from the Payments Order listed as exceptions under Section 2 (a)
date of such order and designating the date, time, and of this Rule, shall be necessary to hold a creditors'
place of the meeting; meeting under this Rule. The court-appointed
(c) directing such creditors to present written evidence of commissioner shall preside over the meeting and the
their claims before the scheduled creditors' meeting; clerk of court shall act as meeting secretary, subject to
(d) directing the publication of the said order in a the following rules:
newspaper of general circulation in the Philippines once (a) The clerk of court shall record the creditors present
a week for two (2) consecutive weeks, with the first and the amount of their respective claims;
publication to be made within seven (7) days from the (b) The commissioner shall examine the written evidence
time of the issuance of the order; of the claims. If the creditors present hold at least
(e) directing the clerk of court to send or cause the three-fifths (3/5) of the liabilities of the debtor as
sending of a copy of the order by registered mail, postage above-qualified, he shall declare a quorum;
prepaid, to all creditors named in the schedule of debts (c) The creditors and the debtor shall discuss the
and liabilities; proposed agreement and any amendment thereto, and
(f) prohibiting the petitioner from selling, transferring, put it to a vote. No creditor who incurred his credit within
encumbering or disposing his property, except those ninety (90) days prior to the filing of the petition shall be
used in the ordinary operations of commerce or of allowed to vote;
industry in which the petitioner is engaged as long as the (d) To form a majority, it is necessary:
proceedings are pending;
1) that two-thirds (2/3) of the creditors voting unite upon
(g) prohibiting the petitioner from making any payment the matter on the table; and
outside of the necessary or legitimate expenses of his
business or industry, as long as the proceedings are 2) that the claims represented by said majority vote
pending; and amount to at least three-fifths (3/5) of the total liabilities
of the debtor as above-qualified; and
(h) appointing a commissioner to preside over the
creditors' meeting, who may or may not be from among (e) After the announcement of the results, all the protests
the nominees of the debtor. against the majority vote shall be drawn up, and the
commissioner, the debtor and all creditors who took part
SECTION 3. Motion to Suspend Pending Execution. — in the voting shall sign the affirmed propositions.
Upon motion of the petitioner, the court may also issue
an order suspending any pending execution against the The commissioner shall prepare a report of the
debtor. Property held as security by secured creditors proceedings that shall include the voting results, the
shall not be subject to such suspension order. affirmed propositions mentioned in paragraph (e) above,
if any, and submit the report to the court not later than
The order suspending execution shall lapse when three three (3) days after the last creditors' meeting.
(3) months shall have passed without the proposed
agreement being accepted by the creditors or as soon as SECTION 7. Rejection of the Debtor's Proposal and
such proposed agreement is rejected. Dismissal of the Petition. — If no creditors' meeting with
the required quorum is held within ninety (90) days from



the date of the last publication mentioned in Section 2 (d) (e) a list of all properties acquired by the debtor in the
of this Rule, or, there being such meeting or meetings, immediately preceding two (2) years;
the debtor's proposal is not approved within the said (f) a list of all properties sold, disposed of, or donated by
period, the same shall be deemed rejected. In such a the debtor in the immediately preceding two (2) years;
case, the court, within five (5) days from the lapse of the and
ninety (90)-day period, or from receiving the report of the
commissioner mentioned in the preceding section that (g) a schedule of the debtor's executory contracts and
the debtor's proposal has been rejected, shall issue an unexpired leases.
order dismissing the petition. All attachments to the petition shall be deemed part and
SECTION 8. Objections to the Approval of the Debtor's parcel of the verified petition.
Proposal or Any Amendment Thereto. — If the proposal of SECTION 3. * Action on the Petition. — If the court finds
the debtor, or any amendment thereto, made during the the petition sufficient in form and substance, it shall issue
creditors' meeting, is approved by the majority of the Liquidation Order mentioned in Section 2, Rule 4 (A)
creditors in accordance with Section 6 of this Rule, any of these Rules. Otherwise, the court shall dismiss the
creditor who attended the meeting and who dissented petition. The court may take any action necessary for the
from and protested against the vote of the majority may foregoing purposes but it shall have a maximum period
file an objection with the court within ten (10) days from often (10) working days from the date of the filing of the
the date of the meeting on any of the following grounds: petition to issue the Liquidation Order or dismiss the
(a) defects in the call for the meeting, in the holding petition.
thereof, and in the deliberations had thereat which * Note from the Publisher: Copied verbatim from the
prejudice the rights of the creditors; official copy.
(b) fraudulent connivance between one or more creditors
and the individual debtor to vote in favor of the proposed C. Involuntary Liquidation
agreement, or any amendment thereto; or
SECTION 13. Who May File Petition; Venue; Contents. —
(c) fraudulent conveyance of claims for the purpose of Any creditor or creditors with a claim of, or the aggregate
obtaining a majority. of whose claims is, at least Five Hundred Thousand Pesos
The court shall hear and pass upon such objection in a (P500,000.00) may file a verified petition for liquidation of
summary manner, within thirty (30) days from the filing an individual debtor with the court of the province or city
of the objection. If the decision of the majority of creditors where the debtor resides.
to approve the debtor's proposal, or any amendment The petition shall state the particulars of at least one of
thereto, is annulled by the court, the petition shall be the following acts of insolvency of the debtor:
dismissed.
(a) that the debtor is about to depart or has departed
SECTION 9. Effects of the Approval of the Debtor's from the Philippines, with intent to defraud his creditors;
Proposal or Any Amendment Thereto. — If the decision of
the majority of the creditors to approve the proposed (b) that being absent from the Philippines, with intent to
agreement, or any amendment thereto, made during the defraud his creditors, he remains absent;
creditors' meeting is upheld by the court, or when no (c) that the debtor conceals himself to avoid the service of
opposition or objection to said decision has been legal process for the purpose of hindering or delaying the
presented, the court shall issue an order confirming the liquidation or of defrauding his creditors;
approval of the proposed agreement, or any amendment
thereto, and directing all parties bound thereby to (d) that the debtor conceals, or is removing, any of his
comply with its terms. property to avoid its being attached or taken on legal
process;
SECTION 10. Residual Power of the Court. — The court,
upon motion of any affected party, may issue any order (e) that the debtor has allowed his property to remain
which may be necessary or proper to enforce the under attachment or legal process for three (3) days for
agreement. If the debtor fails, wholly or in part, to perform the purpose of hindering or delaying the liquidation or of
his obligations under the agreement, or to comply with defrauding his creditors;
any order of the court, the court, upon motion of any (f) that the debtor has confessed or offered to allow
creditor, shall declare the agreement terminated, and all judgment in favor of any creditor for the purpose of
the rights which the creditors had against the debtor hindering or delaying the liquidation or of defrauding any
before the agreement shall revest in them. creditor;
(g) that the debtor has wilfully allowed judgment to be
B. Voluntary Liquidation taken against him by default for the purpose of hindering
SECTION 11. Who May File Petition; Venue; Contents. — An or delaying the liquidation or of defrauding his creditors;
individual debtor whose liabilities exceed his assets and (h) that the debtor has suffered or procured his property
whose debts exceed Five Hundred Thousand Pesos to be taken on legal process with intent to give a
(P500,000.00) may file a verified petition for liquidation in preference to one or more of his creditors and thereby
the court having jurisdiction over the province or city hinder or delay the liquidation or defraud any one of his
where he has resided for six (6) months prior to the filing creditors;
of the petition. (i) that the debtor has made any assignment, gift, sale,
The petition shall indicate the names of at least three (3) conveyance or transfer of his estate, property, rights or
nominees, to the position of liquidator and shall include, credits with intent to hinder or delay the liquidation or
as minimum attachments, the following: defraud his creditors;
(a) a schedule of debts and liabilities, including a list of (j) that the debtor has, in contemplation of insolvency,
creditors with their addresses, amount of claims and made any payment, gift, grant, sale, conveyance or
collaterals, if any; transfer of his estate, property, rights or credits;
(b) an inventory of all the debtor's assets, including (k) that being a merchant or tradesman, the debtor has
receivables and claims against third parties; generally defaulted in the payment of his current
(c) a schedule of current income and expenditures within obligations for a period of thirty (30) days;
three (3) months prior to the filing of the petition; (l) that for a period of thirty (30) days, the debtor has
(d) the income tax return of the debtor for the failed, after demand, to pay any moneys deposited with
immediately preceding year; him or received by him in a fiduciary capacity; or


(m) that an execution having been issued against him on the court shall issue a Liquidation Order mentioned in
final judgment for money, the debtor shall have been Section 2, Rule 4 (A) of these Rules.
found to be without sufficient property subject to SECTION 20. Duty of Sheriff. — Upon receiving the order
execution to satisfy the judgment. for him to take into custody property of the debtor, the
SECTION 14. Bond for Filing of Petition. — The petitioner/s sheriff shall take custody of such property of the debtor
shall post a bond in an amount at least equal in value to not exempt from execution and not subject of any
the aggregate of his/their claims, conditioned upon secured creditor's lien sufficient to cover the amount
payment to the debtor of all expenses and damages the provided for. He shall make a return to the court within
debtor may incur by reason of the filing of the petition if two (2) days every time he takes property of the debtor
the petition is later dismissed or withdrawn by the pursuant to the order, and as soon as he has taken
petitioner/s without the consent of the debtor, or if it is sufficient amount of the debtor's property to cover the
finally determined that the debtor is not insolvent. amount provided for in the order, he shall make a return
SECTION 15. Order for Debtor to Show Cause. — If the to the court of an inventory of all the property taken
petition is sufficient in form and substance, the court, within three (3) days from the time of the last taking.
within five working (5) days from the filing of the petition, Upon motion and for good cause shown, the time for
shall issue summons to the debtor requiring him, by way making an inventory, or any return may be extended. The
of comment on or opposition to the petition within an sheriff shall also prepare a schedule of the names and
inextendible period of fifteen (15) days from service of the residences of the creditors, and the amount due each,
summons, to show cause why he should not be declared from the books of the debtor, or from such other papers
insolvent. or data of the individual debtor available as may come to
his possession, and shall file such schedule or list of
SECTION 16. Order for Debtor to Refrain from Paying creditors and inventory with the clerk of court.
Debts or Transferring Property. — Upon motion of any
creditor and after hearing, the court may, upon good SECTION 21. All Property Taken to be Held for All Creditors;
cause shown, issue an order prohibiting the debtor from Appeal Bonds; Exemptions to Sureties. — If after the
paying any of his debts, or from transferring any property taking mentioned in the preceding section, there still
belonging to him, until the court issues a Liquidation remains property of the debtor not exempt from
Order or dismisses the petition, whichever is earlier. execution and not subject of a secured creditor's lien, any
However, nothing contained herein shall affect or impair other creditor or creditors, upon giving bond approved by
the rights of a secured creditor to enforce his lien in the court in double the amount of his/their claim/s, singly
accordance with its terms. or jointly, shall be entitled to similar orders and to like
action, by the sheriff, until all claims are provided for, and
SECTION 17. Hearing on the Petition. — After the issues as long as the debtor has sufficient property. All such
are joined, the court shall set the petition for hearing in property taken into custody by the sheriff shall be held by
order to determine whether the evidence is sufficient to him for the benefit of all creditors whose claims shall be
warrant the issuance of a Liquidation Order. duly established in the proceedings.
SECTION 18. Issuance of the Liquidation Order. — If the SECTION 22. Bonds for Custody of Property and Appeal.
debtor on whom summons is properly served fails to file a — The bonds provided for in Sections 19 and 21 of this
comment on or opposition to the petition within the Rule to procure the order for custody of the property and
period given by the court, or if the evidence given during effects of the debtor shall be conditioned upon payment
the hearing mentioned in the preceding section warrant to the debtor, his heirs, administrators, executors or
it, the court shall issue the Liquidation Order mentioned assigns of all damages he may sustain by reason of the
in Section 2, Rule 4 (A) of these Rules. order for which the bonds were procured if, after hearing
SECTION 19. Absent Debtor. — When the debtor resides of the petition, the court shall find in favor of the debtor
out of the Philippines, or when his residence is unknown, and the petition is dismissed. Such damages, which shall
or he has departed from the Philippines with intent to not exceed the amount of the bond, shall be determined
defraud his creditors, or cannot, after due diligence, be and fixed by the court. If either the petitioners or the
found therein, or conceals himself to avoid service of debtor shall appeal from the decision of the court, upon
summons, or any other related preliminary process or final hearing of the petition, the appellant shall be
orders, then the court, upon motion of the petitioning required to give bond to the successful party in a sum
creditors duly supported by an affidavit or affidavit/s double the amount of the value of the property in
narrating and substantiating any of the foregoing controversy, and for the costs of the proceedings.
allegations and a bond approved by the court in double Any person interested in the estate may object to the
the amount of the aggregate sum of their claims against sufficiency of the surety or sureties on such bond or
the debtor, shall issue an order directing: bonds. The court shall direct the surety or sureties to
(a) the sheriff of the province or city in which the matter is justify their sufficiency. If the court finds that the sureties
pending to take into custody, within thirty (30) days from or any of them are insufficient, the court shall issue an
the date of the order, a sufficient amount of property of order dismissing the petition or vacating the order to take
the debtor, not exempt from execution and not subject of into the custody of the sheriff the property of the
a secured creditor's lien, to satisfy the claims of the individual debtor, or denying the appeal, as the case may
petitioning creditors and the costs of the proceedings; be.
(b) the publication of the summons and the said order in SECTION 23. Sale of Debtor's Property under Sheriff's
a newspaper of general circulation in the Philippines Custody. — If the property of the debtor taken into
once a week for two (2) consecutive weeks; custody by the sheriff under Sections 19, 20 and 21 of this
Rule is perishable, costly to maintain, subject to or in
(c) the mailing of the petition, the summons and the danger of rapid obsolescence, depreciation, or diminution
order to the debtor's last known address; in value, or when the interests of the debtor and the
(d) the sending of an electronic mail to the debtor's last creditors will be better served by the sale thereof, the
known electronic mail address, if any, attaching thereto court, upon motion of any creditor, duly supported by
copies of the petition, the summons and the order; and affidavit/s narrating facts supporting the application and
a bond equivalent to the estimated value of the property
(e) the posting of copies of the petition and the summons approved by the court, shall issue an order directing: (a)
on at least three (3) conspicuous places on any real the sale of the property in the same manner as property
property owned by the debtor. is sold under execution, the proceeds to be deposited in
If the debtor fails to file a comment, opposition or other the court to abide by the result of the proceedings; and
responsive pleading to the petition or order within fifteen (b) the publication of the order once a week for two
(15) days after the last publication of the summons and consecutive weeks in a newspaper of general circulation
order, or within any other period given by the court, then


in the city or province where the court exercises creditor to enforce his lien in accordance with the
jurisdiction. applicable contract or law, unless he waives his right.
SECTION 5. Duty of Secured Creditors. — At any time prior
RULE 4 Provisions Common to Liquidation in to the election of the liquidator, a secured creditor shall
manifest in writing to the court whether he is:
Insolvency of Individual and Juridical Debtors
(a) waiving his right under the security or lien in
SECTION 1. Use of Term Debtor. — The term debtor used accordance with Section 6 of this Rule; or
in this Rule shall refer to an individual debtor and/or a
juridical debtor whenever appropriate. (b) maintaining his right under the security or lien.
If a secured creditor fails to file such a manifestation, he
shall be deemed to have opted to maintain his right
A. The Liquidation Order under the security or lien.
SECTION 2. Liquidation Order. — The Liquidation Order SECTION 6. Waiver of Security or Lien. — A secured
shall: creditor shall not be deemed to have waived his right
(a) declare the debtor insolvent; under the security or lien unless the waiver is made in a
(b) order the liquidation of the debtor and, in the case of a public document, in unequivocal language, and with full
juridical debtor, declare it as dissolved; knowledge of the consequences of his action. If a secured
creditor waives his right, he shall be entitled to participate
(c) order the sheriff to take possession and control of all in the liquidation proceedings as an unsecured creditor.
the property of the debtor, except those that may be
exempt from execution; SECTION 7. When a Secured Creditor Maintains His
Security or Lien. — If a secured creditor elects to enforce
(d) order the publication of the Liquidation Order, or maintain his right under the security or lien, at his
together with the petition, or motion to convert the option:
rehabilitation proceedings into liquidation proceedings, if
any, in a newspaper of general circulation in the (a) the value of the property may be fixed in a manner
Philippines once a week for two (2) consecutive weeks; agreed upon by the creditor and the liquidator, and
approved by the court.
(e) direct payments of any claims and conveyance of any
property due the debtor to the liquidator; When the value of the property is less than the claim it
secures, the liquidator may convey the property to the
(f) prohibit payments and the transfer of any property by secured creditor and the latter will be admitted in the
the debtor; liquidation proceedings as an unsecured creditor for the
(g) direct all creditors to file their claims with the balance. If the value of the property exceeds the claim
liquidator not later than five (5) days from the time the secured, the liquidator may convey the property to the
liquidator takes his oath of office, furnishing a copy secured creditor and waive the debtor's right of
thereof to the court; redemption upon receiving the excess from the creditor.
In any case, any other creditor or interested party may,
(h) authorize the payment of administrative expenses as upon a prima facie showing that the valuation is too low,
they become due; contest the valuation and propose another mode by
(i) state that the debtor and creditors who are not which to dispose of the property, or to otherwise convert
petitioner/s may submit the names of other nominees to it to cash or its equivalent, to ensure that the true
the position of liquidator; and maximum value of the property under the circumstances
is obtained. A dissenting creditor or any other creditor or
(j) set the case for hearing for the election and interested party may also offer to purchase the property
appointment of the liquidator, which date shall not be at the price it is valued by the secured creditor and the
less than thirty (30) days nor more than forty-five (45) liquidator, as approved by the court. At all times, it shall
days from the date of the last publication. be the duty of the court to ensure that the property is
SECTION 3. Effects of the Liquidation Order. — Upon the valued at its maximum under the circumstances. In case
issuance of the Liquidation Order: there is conflict on the valuation of the property, the court
(a) the juridical debtor shall be deemed dissolved and its may appoint an independent third party appraiser to
corporate or juridical existence terminated; assist in determining the proper valuation of the property;
(b) legal title to and control of all the assets of the debtor, (b) the liquidator may sell the property and satisfy the
except those that may be exempt from execution, shall secured creditor's entire claim from the proceeds of the
be deemed vested in the liquidator or, pending his sale. The sale shall be made under such terms and
election or appointment, with the court; conditions as the liquidator and the secured creditor may
agree upon, as approved by the court, provided, that the
(c) all contracts of the debtor shall be deemed terminated costs of the sale, if any, shall be for the account of the
and/or breached, unless the liquidator, within ninety (90) secured creditor; or
days from the time he takes his oath of office, declares
otherwise and the contract counter-party agrees; (c) the secured creditor may enforce the lien or foreclose
on the property pursuant to applicable laws.
(d) no separate action for the collection of an unsecured
claim shall be allowed. Actions already pending will be
transferred to the liquidator for him to accept and settle C. The Liquidator
or contest. If the liquidator contests or disputes the claim, SECTION 8. Qualifications of the Liquidator. — The
the court shall allow, hear, and resolve such contest, liquidator shall:
except when the case is already on appeal. In such a case,
the suit may proceed to judgment, and any final and (a) be a citizen of the Philippines or a resident thereof for
executory judgment therein for a claim against the six (6) months immediately preceding his nomination;
debtor shall be filed and allowed in court; and (b) be of good moral character and with acknowledged
(e) no foreclosure proceeding shall be allowed for a period integrity, impartiality and independence;
of one hundred eighty (180) days from the date of the (c) have the requisite knowledge of insolvency and other
order. relevant commercial laws, rules and procedures, as well as
the relevant training and/or experience that may be
necessary to enable him to properly discharge the duties
B. Secured Creditors and obligations of a liquidator; and
SECTION 4. Rights of Secured Creditors. — The
Liquidation Order shall not affect the right of a secured


(d) have no conflict of interest: Provided, that such conflict (d) a vacancy occurs for any reason whatsoever.

of interest may be waived, expressly or impliedly, by a In any of these cases, the court, upon motion or motu
party who may be prejudiced thereby. proprio, and for good cause shown, may set another date
An individual shall be deemed to have a conflict of or hearing for the election of the liquidator. Any person
interest if he is so situated as to be materially influenced appointed by the court to administer the debtor as a
in the exercise of his judgment for or against any party to rehabilitation receiver prior to the commencement of the
the proceedings. Without limiting the generality of the liquidation may subsequently be appointed as its
foregoing, an individual shall be deemed to have a liquidator.
conflict of interest if: SECTION 11. Oath and Bond of the Liquidator. — Prior to
(a) he is a creditor, owner, partner or stockholder of the assuming his office, the liquidator shall take an oath and
debtor; file a bond, in such amount to be fixed by the court,
(b) he is a creditor, owner, partner or stockholder of a conditioned upon the proper and faithful discharge of his
creditor of the debtor; powers, duties and responsibilities.
(c) he is engaged in a line of business which competes SECTION 12. Powers, Duties and Responsibilities of the
with that of the debtor; Liquidator. — The liquidator shall be deemed an officer of
the court with the principal duty of preserving and
(d) he is, or was, within five (5) years from the filing of the maximizing the value and recovering the assets of the
petition or motion for conversion, a director, officer, debtor, with the end in view of liquidating them and
owner, partner or employee of the debtor or any of the discharging to the extent possible all the claims against
creditors, or acted as legal counsel or auditor or the debtor. The powers, duties and responsibilities of the
accountant of the debtor or any of the creditors; liquidator shall include, but not be limited to, the
(e) he is, or was, within two (2) years from the filing of the following:
petition or motion for conversion, an underwriter of the (a) to sue and recover all the assets, debts and claims,
outstanding securities of the debtor; belonging or due to the debtor;
(f) he is related by consanguinity or affinity within the (b) to take possession of all the property of the debtor,
fourth civil degree to any individual creditor, owner of a except property exempt by law from execution;
sole proprietorship-debtor, partner in a
partnership-debtor or stockholder, director, officer, (c) to sell, with the approval of the court, any property of
employee or underwriter of a corporate-debtor; the debtor under his possession or control;
(g) he has any other direct or indirect material interest in (d) to redeem all mortgages and pledges, and satisfy any
the debtor or any of the creditors; or judgment which may constitute an encumbrance on any
property sold by him;
(h) he was the receiver or member of the management
committee, the counsel or an employee of either, when (e) to settle all accounts between the debtor and his
there is a showing that the financial distress of the debtor creditors, subject to the approval of the court;
was not arrested or its fiscal condition deteriorated and (f) to recover any property, or its value, fraudulently
resulted in its liquidation by reason of his lack of diligence conveyed by the debtor;
or foresight. (g) to recommend to the court the creation of a creditors'
A nominee or an elected or appointed liquidator and their committee which will assist him in the discharge of his
personnel shall immediately disclose to the court any functions and which shall be vested with powers as the
ground that may give rise to an actual or potential court deems just, reasonable and necessary; and
conflict of interest, regardless of his personal assessment (h) upon approval of the court, to engage the services of
of its sufficiency, as soon as he becomes aware of it. persons with specialized skills or training as may be
If the liquidator is a juridical entity, it must designate a necessary and reasonable to assist him in the discharge
natural person who possesses all the qualifications and of his duties. Such persons or professionals shall be
none of the disqualifications as its representative, it being deemed employees or independent contractors of the
understood that the juridical entity and the liquidator and shall possess the same qualifications as
representative are solidarily liable for all obligations and the liquidator.
responsibilities of the liquidator. In addition to the rights and duties of a rehabilitation
SECTION 9. Election of Liquidator. — The creditors receiver under Section 31, Chapter II (C) of the FRIA,
entitled to vote will elect the liquidator in open court. To insofar as they are applicable to liquidation proceedings,
constitute a quorum for the election of the liquidator, the liquidator, shall have the right and duty to take all
creditors representing or holding at least a majority of the reasonable steps to manage and dispose of the debtor's
total claims entitled to vote must be present either in assets with a view towards maximizing the proceeds
person or by proxy. Only creditors who were included in therefrom, to pay creditors and stockholders, and to
the schedule of debts and liabilities or registry of claims, terminate the debtor's legal existence.
or have filed their claims within the period set by the SECTION 13. Removal of the Liquidator. — The liquidator
court, and whose claims are not barred by the statute of may be removed at any time by the court either motu
limitations, are entitled to vote. A secured creditor shall proprio or upon motion by the debtor or any creditor or
not be entitled to vote, unless: (a) he waives his right creditors on any of the following grounds:
under the security or lien; and (b) has the value of the
property subject of his security or lien fixed and approved (a) he did not actually receive the highest number of
by the court, and is admitted for the balance of his claim. votes during the election for liquidator;
The nominee receiving the highest number of votes cast (b) incompetence, gross negligence, failure to perform or
in terms of the amount of claim held or represented, and exercise the proper degree of care in the performance of
who is qualified pursuant to Section 8 of this Rule, shall his duties and powers;
be appointed as the liquidator.
(c) lack of a particular or specialized competency required
SECTION 10. Court-Appointed Liquidator. — The court by the specific case;
may appoint the liquidator if:
(d) illegal acts or conduct in the performance of his duties
(a) on the date set for the election of the liquidator, there and powers;
is no quorum;
(e) lack of any of the qualifications stated under Section 8
(b) the creditors who attend either fail or refuse to elect a of this Rule or presence of any disqualification;
liquidator;
(f) conflict of interest, unless, waived, expressly or
(c) after being elected, the liquidator fails to qualify; or impliedly, by a party who may be prejudiced thereby;


(g) partiality or lack of independence; or rehabilitation proceedings to liquidation proceedings,
(h) any other ground analogous to the foregoing. prior to the commencement date, entered into by the
debtor or involving its assets, may be rescinded or
SECTION 14. Compensation of the Liquidator. — The declared null and void on the ground that the same was
liquidator and the persons engaged or employed by him executed with intent to defraud a creditor or creditors or
to assist in the discharge of his powers and duties shall be constitutes an undue preference of creditors. The
entitled to such reasonable compensation as may be presumptions set forth in Section 58, Chapter II of the
determined by the court, after consultation with the FRIA shall apply.
creditors.
SECTION 22. Actions for Rescission or Nullity. —
SECTION 15. Reporting Requirements. — The liquidator
shall make and keep a record of all property received and (a) The liquidator or, with his conformity, a creditor, may
all disbursements made by him or under his authority as initiate and prosecute any action to rescind, or declare
liquidator. He shall render a quarterly report thereof to null and void, any transaction described in the
the court, which report shall be made available to all immediately preceding paragraph. If the liquidator does
interested parties. The liquidator shall also submit such not consent to the filing or prosecution of such action,
reports as may be required by the court from time to any creditor may seek leave of the court to commence
time as well as a final report at the end of the liquidation and prosecute said action.
proceedings. The court shall have five working (5) days to act on the
SECTION 16. Discharge of Liquidator. — Upon the filing of motion for leave to commence or prosecute an action.
his final report, and in preparation for the final settlement (b) If leave of court is granted under subsection (a) hereof,
of all the claims against the debtor, the liquidator will the liquidator shall assign and transfer to the creditor all
notify all the creditors, either by publication in a rights, title and interest in the chose in action or subject
newspaper of general circulation or such other mode as matter of the proceeding, including any document in
the court may direct or allow, that he will apply with the support thereof.
court for the settlement of his account and his discharge (c) Any benefit derived from a proceeding taken pursuant
from liability as liquidator. The liquidator will file a final to subsection (a) hereof shall belong exclusively to the
accounting with the court, with proof of notice to all creditor instituting the proceeding to the extent of his
creditors. The accounting will be set for hearing. If the claim and the costs, and the surplus, if any, shall belong to
court finds the same in order, the court will discharge the the estate.
liquidator.
(d) Where, before an order is made under subsection (a)
SECTION 17. Registry of Claims. — Within twenty (20) days hereof, the liquidator signifies to the court his readiness
from his assumption into office, the liquidator shall to institute the proceeding for the benefit of the creditors,
submit to the court a preliminary registry of claims of the order shall fix the time within which he shall do so
secured and unsecured creditors indicating, among and, in that case the benefit derived from the
others, the amount and nature of each claim, the proceedings, if instituted within the time limits so fixed,
documentary or other basis for each claim, and a shall belong to the estate.
description of the nature and location of every security or
lien, if any. Secured creditors who have waived their rights In any case, the liquidator shall make provisions for any
under their security or lien, or have fixed the value of the action for rescission or nullity in the Liquidation Plan.
property subject of their security or lien by agreement
with the liquidator and are admitted as creditors for the F. The Liquidation Plan
balance, shall be considered as unsecured creditors. The
liquidator shall make the registry available for public SECTION 23. The Liquidation Plan. — Within three (3)
inspection, give notice to all the creditors and other months from his assumption into office, the liquidator
interested parties that the registry is available for shall submit a Liquidation Plan to the court. The
inspection and copying, and publish said notice in a Liquidation Plan shall, as a minimum, enumerate all the
newspaper of general circulation in the province or city assets of the debtor not exempt from execution, a list of
where the debtor's principal office is located. all creditors and their claims which have been duly
proved as shown in the final registry of claims, and a
proposed mode and schedule of liquidation of the assets
D. Determination of Claims and payment of the claims. The Liquidation Plan shall
SECTION 18. Right of Set-Off. — If the debtor and creditor make provisions for, among others, disputed claims and
are mutually debtor and creditor of each other, one debt any action for rescission or nullity of certain transactions.
shall be set off against the other and only the balance, if SECTION 24. Exempt Property to be Set Apart. — Upon
any, shall be allowed in the liquidation proceedings. motion, and after notice and hearing, the court shall set
SECTION 19. Opposition or Challenge to Claims. — Within apart property of the individual debtor exempt from
thirty (30) days from the expiration of the period for the execution. The motion shall be heard and granted only
filing of claims, a creditor, debtor, or other interested after it is shown that the clerk of court has posted or
party may submit to the court an opposition or challenge caused notice of the motion and hearing in at least three
to any claim or claims, serving a certified copy on the (3) public places in the province or city where the court
liquidator and the creditor holding the challenged claim. exercises jurisdiction at least ten (10) days prior to the
Upon the expiration of the period, the liquidator shall time of such hearing, which notice shall set forth the
submit to the court the registry of claims containing the name of the debtor, and the time and place appointed for
undisputed claims that have not been subject to the hearing of such motion, and shall briefly indicate the
challenge. Such claims shall become final upon the filing homestead sought to be exempted or the property
of the register and may be subsequently set aside only on sought to be set aside.
grounds of fraud, accident, mistake or excusable neglect. SECTION 25. Concurrence and Preference of Credits. —
SECTION 20. Submission of Disputed Claims to the Court. The Liquidation Plan and its implementation shall ensure
— The liquidator shall resolve disputed claims and submit that the concurrence and preference of credits as
his findings thereon to the court for final approval. The enumerated in the Civil Code of the Philippines, and
liquidator may disallow claims, subject to final approval of other relevant laws, shall be observed, unless a preferred
the court. creditor voluntarily waives his preferred right. For
purposes of this Rule, credits for services rendered by
employees or laborers to the debtor shall enjoy first
E. Avoidance Proceedings preference under Article 2244 of the Civil Code, unless the
SECTION 21. Rescission or Nullity of Certain Transactions. claims constitute legal liens under Articles 2241 and 2242
— Any transaction occurring prior to the issuance of the thereof.
Liquidation Order or, in the case of conversion of



SECTION 26. Sale of Assets in Liquidation. — With the order confirming or disapproving the proposed
approval of the court, the liquidator may sell, transfer or agreement mentioned in Section 9, Rule 3 (A) of these
otherwise dispose of the unencumbered assets of the Rules can only be reviewed through a petition for
debtor and convert the same into money. The sale, certiorari to the Court of Appeals under Rule 65 of the
transfer or disposition shall be made at public auction. Rules of Court within fifteen (15) days from notice of the
However, a private sale, transfer or disposition may be decision or order.
allowed with the approval of the court if (a) the goods to SECTION 3. Motion for Reconsideration in Liquidation
be sold are of a perishable nature, or are liable to quickly Proceedings. — A party may file a motion for
deteriorate in value, or are disproportionately expensive to reconsideration of any order issued by the court prior to
keep or maintain; or (b) the private sale, transfer or the issuance of the Liquidation Order. No relief can be
disposition is for the best interest of the debtor and his extended to the party aggrieved by the court's order on
creditors. With the approval of the court, unencumbered the motion through a special civil action for certiorari
property of the debtor may also be conveyed to a creditor under Rule 65 of the Rules of Court.
in satisfaction of his claim or part thereof. In all cases, the
liquidator and the court shall ensure that the manner of SECTION 4. Review of Decision or Order in Liquidation
sale, transfer or disposition is in the best interest of the Proceedings. — The Liquidation Order, and the order
debtor and his creditors. approving or disapproving the Liquidation Plan under
Section 27, Rule 4 (F) of these Rules can only be reviewed
SECTION 27. Manner of Implementing the Liquidation through a petition for certiorari to the Court of Appeals
Plan. — The liquidator shall implement the Liquidation under Rule 65 of the Rules of Court within fifteen (15) days
Plan as approved by the court in an order duly issued from notice of the decision or order.
therefor. Payments shall be made to creditors only in
accordance with the provisions of the Plan.
SECTION 28. Final Report of the Liquidator. — When all RULE 6 Effectivity
the property of the debtor not exempt from execution SECTION 1. Effectivity. — These Rules shall take effect
have been realized and their proceeds distributed to the fifteen (15) days after their complete publication in the
creditors in accordance with the Liquidation Plan, the Official Gazette or in at least two (2) newspapers of
liquidator shall submit his final report to the court, national circulation in the Philippines.
together with the final accounting of his administration
and a recommendation for the termination of the
proceedings, furnishing all the creditors and other
interested parties with copies thereof.
SECTION 29. Termination of Proceedings. — If, after notice
and hearing, the court is satisfied with the final report, it
shall issue an order approving the same and directing the
removal of the name of the juridical debtor from the
register of legal entities of the SEC and other government
agencies, or discharging the individual debtor from his
liabilities included in the Liquidation Plan, as the case
may be.
In the same order discharging the individual debtor from
his liabilities, the court shall state that the proceedings
are terminated. However, in the case of a juridical debtor
registered with the SEC, the court shall issue an order
terminating the proceedings only upon receipt of
evidence showing that the debtor has been removed
from the registry of legal entities at the SEC.
SECTION 30. Liquidation of a Securities Market
Participant. — The foregoing provisions shall be without
prejudice to the power of a regulatory agency or
self-regulatory organization to liquidate trade-related
claims of clients or customers of a securities market
participant which, for purposes of investor protection, are
hereby deemed to have absolute priority over other
claims of whatever nature or kind insofar as trade-related
assets are concerned.
For purposes of this section, trade-related assets include
cash, securities, trading right, and other assets owned
and used by the securities market participant in the
ordinary course of its business.
RULE 5 Procedural Remedies

SECTION 1. Motion for Reconsideration in Suspension of
Payments Proceedings. — A party may file a motion for
reconsideration of a Suspension of Payments Order, or
any order issued by the court prior to its order confirming
or disapproving the proposed agreement mentioned in
Section 9, Rule 3 (A) of these Rules. No relief can be
extended to the party aggrieved by the court's order on
the motion through a special civil action for certiorari
under Rule 65 of the Rules of Court.
SECTION 2. Review of Decision or Order in Suspension of
Payments Proceedings. — The court's dismissal of the
petition for suspension of payments on the ground of
insufficiency in form and substance resulting in the
non-issuance of a Suspension of Payments Order, and its

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DEVICES AND PCOS MACHINES USED IN THE

OF PROCEDURE RULE 10 REVISION OF BALLOTS

© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(f) Administer or cause to be administered oaths in a case

© Compiled By RGL 2 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 3 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 4 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(counter-protestant) shall pay the cash deposit within a (3) The possibility of obtaining stipulations or admission of

© Compiled By RGL 5 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(a) the precinct number;

© Compiled By RGL 6 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 7 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 8 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

appeal fee of One Thousand Pesos (P1,000.00),

© Compiled By RGL 9 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 10 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 11 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 12 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 13 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 14 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 15 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 16 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 17 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 18 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 19 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 20 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 21 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 22 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 23 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 24 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 25 of 45

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

RULE 13 PRESENTATION OF EVIDENCE Section 4. Adjournments and postponements. – No

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

equivalent of an original document under the Best

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT