Professional Documents
Culture Documents
2015 HRET Rules
2015 HRET Rules
THE TRIBUNAL
Court to be designated by the Chief Justice, and the remaining six (6)
shall be Members of the House of Representatives who shall be
chosen on the basis of proportional representation from the political
parties and the parties or organizations registered under the party-list
system represented therein. The Senior Justice in the Tribunal shall
be its Chairperson.
(a) The Tribunal shall meet on such days and hours as it may
designate or at the call of the Chairperson or of a majority of its
Members. The presence of at least one (1) Justice and four (4)
Members of the Tribunal shall be necessary to constitute a quorum.
In the absence of the Chairperson, the next Senior Justice shall
preside, and in the absence of both, the Justice present shall take the
Chair.
RULE 13. Duties of the Secretary of the Tribunal; the Deputy Secretary
of the Tribunal. – The Secretary of the Tribunal shall have the
following duties:
RULE 14. The Seal. – The seal of the Tribunal shall be circular
in shape and shall contain in the upper part the words “House of
Representatives Electoral Tribunal”; in the center, the coat of arms of
the Republic of the Philippines; and at the base, the words “Republic
of the Philippines”.
ELECTION CONTESTS
After thirty (30) days from filing, an order shall be issued to the
protestant or the petitioner, as the case may be, directing him or her
to manifest, within ten (10) days from notice, whether the ad cautelam
case can already be converted into a regular election protest or
petition for quo warranto.
(6) The full amount of filing fee and other legal fees are
not paid within the periods provided for filing the
protest or petition for quo warranto;
RULE 25. Answer. – The answer must be verified and may set
forth special and affirmative defenses and a counterclaim. The
THE 2015 RULES OF THE
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
13
(e) Effect of failure to file and serve request for admission. – A party who
fails to file and serve a request for admission on the adverse party of
material and relevant facts at issue which are, or ought to be, within
the personal knowledge of the latter, shall not be permitted to
present evidence on such facts.
RULE 32. Other Pleadings; How Filed. – Except for the initiatory
petitions for quo warranto or election protests which the Tribunal itself
serves on the adverse party, all other pleadings shall be filed with the
Office of the Secretary of the Tribunal in fifteen (15) clearly legible
copies and must be accompanied with proof of service upon the
adverse party or parties. Whenever practicable, the service and filing
of pleadings, motions and other papers shall be done personally. A
resort to other modes must be accompanied by a written explanation
why personal service is not practicable.
All pleadings, motions and other papers filed with the Tribunal
in connection with electoral cases pending before other tribunals,
THE 2015 RULES OF THE
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
16
RULE 36. Other Legal Fees. – The following legal fees shall be
charged and collected for:
THE 2015 RULES OF THE
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
19
RULE 38. When Ballot Boxes, Election Returns and Other Election
Documents Brought before the Tribunal. – Where the allegations in a
protest or counter-protest so warrant, or whenever in its opinion the
interest of justice so demands, the Tribunal shall immediately also
order all the ballot boxes containing the ballots and their keys, copies
of election returns whenever the protest particularly questions the
authenticity of the contents of the returns, list of voters with voting
records, books of voters, data storage devices containing electronic
data evidencing the content and results of the election, and other
THE 2015 RULES OF THE
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
20
REVISION OF BALLOTS
The Tribunal shall inquire from the Comelec about the detailed
specification and security features, as well as additional remedial
measures for determining the genuineness and authenticity, of official
ballots stored inside the ballot boxes. The parties shall be duly
notified of the inquiry, the actions taken thereof by the Tribunal and
by the Comelec, and shall have the right to be represented in and
notified of any hearing or meeting to be held in connection with said
inquiry.
TECHNICAL EXAMINATION
The movant shall notify the other party and the Secretary of the
Tribunal at least five (5) days before the scheduled technical
examination. The technical examination shall be completed within
the period allowed by the Tribunal. The other party may attend the
technical examination, either personally or through a representative,
but the technical examination shall proceed regardless of the other
party's presence, provided said other party has been given due notice
thereof.
SUBPOENAS
RECEPTION OF EVIDENCE
(a) Pre-Trial Brief. – After the issues shall have been joined, the
Tribunal, through the Secretary, shall issue a notice of pre-trial and
shall order the parties to submit their respective pre-trial briefs, which
shall contain the following:
In making the offer, the counsel shall cite the specific page
numbers of the court record where the exhibits being offered are
found if attached thereto. If the exhibits are not attached to the
record, the party making the offer must submit the same during the
offer of evidence in open court. The Tribunal shall always ensure that
all exhibits offered are submitted on the same day.
EVIDENCE BY DEPOSITION
deposition shall be taken unless notice thereof has been given to the
other party at least five (5) days in advance of the taking of such
deposition. Such notice shall state the venue, which must be a public
office; the time of the taking of the deposition; the officer before
whom the deposition shall be taken; and the names and addresses of
the deponents.
DEMURRER TO EVIDENCE
MEMORANDA
VOTING
DECISIONS
REVISION/AMENDMENT
EFFECTIVITY
RULE 79. Effectivity. – These Rules shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of
general circulation. Upon taking effect, any and all Rules of the
Tribunal previously adopted or promulgated are superseded and
repealed.
TRANSITORY PROVISION