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OCA CIRCULAR NO. 69-2010

TO ALL JUDGES AND CLERKS OF COURT OF

THE REGIONAL TRIAL COURTS

SUBJECT PERSONAL NOTICE TO THE PARTIES OF

THE RAFFLE OF CASES IN ELECTION
CONTESTS BEFORE THE COURTS
INVOLVING ELECTIVE MUNICIPAL
OFFICIALS (A.M. No. 10-4-1-SC)

Pursuant to the Resolution of the Honorable Court En Bane in A.M. No. 10-
4- [-SC dated 27 April 2010, which approved the 2010 Rules of Procedure in
Election Contests before the Courts Involving Elective Municipal O/ficials, you are
hereby directed to strictly comply with the requirement of personal notice to the
parties before the raffle of cases in election contests involving elective municipal
officials, to wit:

Section 11. Raffle of cases. - The Supreme Court shall designate the
Regional Trial Courts within a judicial region that shall take cognizance of
election rrotests and petitions for quo warranto. A rame conducted by the
executive judge shall determine the assignment of cases to these courts, except
in single-sala cour1s or courts spccifically designated by the Supreme Court. No
court shall assume jurisdiction over an election contest unless the case has been
propcrly assigned to it as provided herein.

At least twenty-four (24) hours before the raftle, the clerk of court
must serve personal notice to the parties, stating the date and time of the
raffle. Proof of service to the parties shall be submitted to the court, and the
raffle shall be open to the public. The Supreme Court shall issue the necessary
circular implementing this proviso. (Emphasis supplied).

The Rules shall take effect on 21 May 2010 following their publication in the
Manila Bulletin on 06 May 2010.

12 May 2010.

~\""/
JO E IDAS P.l\'fiillQUEZ
~ ourt Administrator
h'/
ACIMDC:mochp
.. .

jl\.\'~mbJic of tbe !lbilippines

~lIlll'eme QCOtll't
JalUtiIn

ENBANC

A.M. No. lO-4-I-SC

20 lO RULES OF I)ROCEDURE IN
ELECTiON CONTESTS BEFORE THR COURTS
INVOLVINr. ELECTIVR MUNICIPAL OFFICIALS

HIi:SOLUTiON

Acting on the recommendation or the Chairman and Memhers or the

l11illee un Intel11al Rules, the Court RESOL V hD to APPROVE the
Sllll- CO111
",20 lO l{IlleS or Procedure ill Flectiun Contests before the Courts Involving
j'lcclive Municipal Officials."

These Rules shall take errect titteen (15) Jays after their publication

J
in R newspaper of general circulation in the Philippines.

April 27,2r;_)
~~A~S 'UNO
Chiej'Juslice

(:Lc'; ,
ANTONIO T. CARPI) ATO C. CORONA
Associate Jllslice Associate Justice

C()~~{l~:r.l~s
Associate Justice
I{csuilll ion 2 I\.M. o. 1O-4-l-SC

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~e-'" .e ,-..." c. ••••••••
tvwtdA ~p~
J\NTON10 EJHJAHDO 13. Ni\C~RA TERESITA J. LEONARDO-DE CASTRO
/\ssocinte Justice Associate Justice

a,tlJ1DO~ '
ARTUl{O TI~Ilfrr DTOSDADO
Asmeiate .lustier-: Associat

/~ ~

~/", ,/;·t?ac~~~
c.
"LUQ-As P. BI1RSi\MIN
./
~Giar.~ .fllstic~
...,/MAI{IANO DEL CASTILLO
Associatp. Justice
~

f\L!L~
ROlJEI{TO J\. ABAD c.::=~f VIU:; R-=-C- A, .J
Associote ./ustice Associate .Iusti

.10 .JOSE Ci\.1 AL M ~ DOZA

Assue.
~ :ate Justice
 2010 RULES OIi' PROCEDURE FOn
MUNICIP AL ELECTION CONTESTS

RULE)
SCOPE

SEC" 10 I. Tit/I! and coverage. - These Rules shall be known and cited
as The 20 10 RuLes of Procedure for Municipal ELectiun Contests.

These J{ules shall apply to election contests under the Automated

Election System using the Precinct Count Optical Scan, and shall govern the
filing of pleadings, practice and procedure in thcse contests.

SEe. 2. Application of the Rilles OfCOlll't. - The Rules of Court shall apply
to aspects of pleadings, practice and procedure in election contests not
specifically provided for in these Rules.

SEC. J. 6\;pLallatiol7 uf terms. - For purposes of and as used in these Rules:

(a) Courts -- refers to the Regional Trial COUl-Ls;

(b) Glee lion - means the choice or selection of candidates for

public office by popular vote through the use of the ballot. Specifically, it
covers the conduct of the polls, including the listing ofvotcrs, the holding of
the electoral campaign, the casting and counting of ballots, the consolidation
and transmission of results, and the canvassing of the retums;

(e) Automated Election System or AJiS - refers to an election

system using the tcchnology designated by the Commission on Elections
(CO MJiLF,C) for voting, coun ting, consol idating, canvassing, transm ission
of election rcsults, and other electoral processcs;

(d) Precinct Count Optieal Scan or peGS - refers to the machine

as well as the technology using an optical ballot scanner, located in every
pr8cincl, that scans or reads paper ballots that voters mark by hand and inselt
into the scanner to be counted;

(e) Orficial ballot - rerers to thc paper ballot, capable of being

optically scanned, with the pre-printed names of all candidates and with
ovals corresponding to each of t11eprinted namcs. The ovals are the spaces
where voters express their choice through marking or shading using a
COMELI:':C-prov icled marking pen.

(r) Picture image of the Ballot - refers to the image or the ballot
captured hy the PCOS machine at the time the voter reeds his/her ballot,
·"llicIt illl:1ge is later stored in a memory or removable data storage device
attached lo Lile peas machines.
A.M. No. lO-4-1-SC 2

(g') Election Retul11 - refers tu the document showing the date of

llle election, the province, city, municipality and the precinct where voting is
h~ld, ano the numher ol"votes in figures for each candidate in a precinct or in
clustered precincts.

(h') Electronic Election Return - reters to the copy of the election

return in electronic form, generated by the pcas machine, that is
electronicaJ Iy trallsmitted to: (I) the Municipal Board of Canvassers for the
ottlcial canvass; (2) the COMELEC nack-Up Server; (3) the server for the
dominant majority party; (4) the server for dominant minority party; server
for the citizens' arm authorized by the COMELEC to conduct a parallel
count; and (6) the Kapisanan ng mga nrodkaster sa Pilipinas or KBP.

(i) Printed Election Return - - refers to the copy of the election

return printed by the PC as machine on paper, and authenticated by the
ltl(lllua! sigllatures and thumbmarks of the Board of Election Inspectors
({)/'.!) members.

(j) Electronic transmission - refers to the act of conveying data in

electronic 10rm fi·ol11une location to another.

(k) Canvass proceedings - refer to the proceedings that involve

the consolidation of precinct election results at the municipal level. The term
also includes the formal proclamation of the election wilU1ers at the
municipal level.

(l) Consol idation machine - refers to the machine used during the
canvass proceedings to consolidate precinct, municipal and city, and
provi nc ial results to get the total votes of all candidates at every canvass
I<:vel.

(m) Statement of Votes by Precinct, Municipality, City, District,

Province, or Overseas Absentee Voting (OJ\. V) Station -- refers to a
document in electronic and in printed form generated by consolidation
machines or by computers during the canvass proceedings. This document
records the votes ohtained by candidates in each precinct, municipality, city,
district, province, or OA V Station, as the ease may be.

(n) Municipal Certificate of Canvass - refers to the document in

electronic and in printed form, containing the total votes in figures obtained
hy each candidate in the municipality, the electronic form of which is the
official canvass result in the municipality electronically-transmitted to a
hicher can V[lSS leve l.

(0) Certitlcate of Canvass and Proclamation - refers to the official

document in printed form, containing the names of all candidates who
obtained the highest number of votes in a particular municipality and
certifying to these candidates' proclamation as wilU1ers.
,\.hi. t<tj :(I-·I-t-SC 3

(p) J )ata Storage Device - refers to the device that stores electronic
document:; from where data may be obtained when necessary to verify the
accuracy and correctness of e1cction data. The data storage device used in a
reus shall be under the clistOlly and direct responsibility of the election
onicer a rler completion of the voting process. i\. data storage dcvice includes
the back-up storage device under COMELEC custody that likewise stores
authentic electronic copies or data.

(1I) Audit Log - refers to the electronic document, stored in the

PCOS machine's data storage device, containing tbe list of all activities the
rcos macliine performs fi'om the time that it i:; powered on until it is turned
otf.

In Electronic docLlIllent -- refers to the record of information or the

I"i,(-:sellwtion of information, data, figure:;, symbols or other modes of
written expression, described or however represented, by which a fact may
be proved and a ffi rmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically. It includes digitally-signed
dOClllllellts and any printout or output, readable by sight or other means, that
accurate Iy rd1ects the electronic doeumenl.

For purposes of these Rules, an electronic document refers to either

the picture image of the ballots or the electronic copies of the election
returns, the stat.ement:; of vot.es, the certificates of canvass, the audit log, and
other electronic data processed by the PCOS and consolidation machines.

(s) Manual count of ballots - where voting using the AES ballots
lil<;.cc:dcd manually because the PCOS machines could not be used, votes
sldl be coul1led manually under the guidelines provided by the COMELEC,
~llkltllc courts shall be guided accordingly.

(t) Election ~ontests - refer:; to elect.ion protests or petitions for quo

wurrantu.

(u) Election protest - refers to an election contest involving the

election and returns of municipal elective officials, grounded on fraud or
irregularities committed in the conduct 0 r the elections, i. e., in the cast.ing
and t.be counting of the hallots, in the consolidation of votes amI in the
canvassing of returns, not otherwise classified a:; a pre-proclamation
controversy cognizable by the COMI~:LEC. The issue is who obtained the
plurality of valid votes cast

(v) Quo Worrnntn under the Omni hus Election Code - refers to
an election conte:;t involving the qualifications for oftice of an elective
Illunicipal oflicial, Of} the ground of ineligibility or disloyalty to the Hepublic
of lite Philippines. The issue is whelher the respondent possesses all the
ljualifications and none of the disqualiticatiolls prescribed hy law.

(w) Revision of ballots - refers to the recount of ballots through

, _ .M. o. lU-4-I-SC 4

Ik.:i t·
physical count; the segregation of ballots for the protestant, the
t.lrukSlcf:: and other c[lndidates for the same position; and the recording of the
ohjectiolls all I claims to these ballots.

(x) Promulgation - refers to the process of oflicially Issumg the

court's decision or order in an election contest.

SFC.4. inherent powers of the court. - A regional trial court acting on an

e1cLlioJl contest shall have all the inherent powers of a COUltprovided under
Rule 135 of the Rules of COlllt, including the power to issue auxiliary writs,
processcs, and other means necessary to carry its authority or jurisdiction
into effect and to adopt suitable processes not expressly provided by, but
contormable with, law, these Rules, or the Rules o[ COUlt.

I:U '. 5. COllstJ'llclioli.- The Rules shall be liberally constlued to achieve a

.ill:'!, c>.pet.iitiolls, and inexpensive determination al1d disposition of
!l\l:llicipal election contests.

RULE 2
ELECTION CONTESTS

SECTION I. JurisdictioJ1 uI regional trial cmlrts.-H.egional trial COllltS

shall have exclusive original jurisdiction over all election contests involving
l11unicipalofficials.

SEe. 2 flow initiated-An election contest is initiated by the filing of an

el.:clioll protest or a petition [or (Juo warranto against an elective municipal
official. An election protest or a pelition lor quo warranto shall be filed
.IIJ vel I)' wi III t he court in three legible copies pillS such number of copies
l'olr,::sp'lIlding to the number ofprotestees or respondents.

All electioll protest shall not include a petition for quo warranto, nor
shall a petition for quo Ivorranto include an election protest.

SEe. 3. Modes of service and filing.- Service and filing of pleadings,

including the initiatory petition and other suhsequent papers, shall be dOlle
pcrsonally. Except for papers emanating (i'om tbe court, res01t to other
modes of service must be accompanied by a written explanation why the
service or liling wns not done personally. A pleading or motion violating
this Rule shall be considered not to have been filed.

SEe. 4. Election protest. A petition contesting the election or retw-ns [or an

.;;.:,' jl',; Plllllieipal offiCe shall be filed with the proper Regional Trial Court
ili' a 11\' c<lllLlidate who was voled tor the same oaiee and who received the
~(;COI1J or third-highest number o[ votes or, in a multi-slot position, was
among the next tour candidates [ollowing the last-ranked winner duly
prnd:ulTled, as rel1ected in the official results of the election containcd in the
Statemcnt of Vote:, by Precinct. The party tiling the protest shall be
designated as the protestant; the adverse party shall be known as the
"'.M. ;-';0. I0-4-1-SC 5

protestce.

: ':ach contest shall refer exclusively to one oftice; however, contests

I'llI' l)i'!"lCcS of the ,';,'onggllniang Bayan may be consolidated in one case.

";1"e. 5. Quo \varraflto. - A. petition for {fIlO warranto against an elective

municipal official shall be filed with the proper Regional Trial Court by any
registered voter who voted in the municipal elecl.ion. The party filing the
pCI ition shall he designated as the petitioner; the adverse palty shall be
kJlown as the respondent.

SEe. 6. ['etition must be ver(fiecl and accompanied by a certificate of non-

.furum shopping. - An election protest or a petition for quo warranto shall
be verified by an affidavit stating that the afliant has read the petition and
that its allegations are true and con'eet uf the affiant's own knowledge or
based on authentic records. A veritleation based on "in/ormation and belief"
or \1pon "knowledge, it?/orlilation and belief" is not sufficient.

'flte protest an t or petitioner shall sign personally the certificate of non-

«mill: shopping, wb ieh must be annexed to the election protest or petition
for l'jIlO II'17r,.anto.

An unveriried or insufficienlly verified petition Of one that lacks a

ccrtiJicale of non-forum shopping shall he dismissed outright and shall not
suspend the rurming of the required period for the filing of an eledion
prl1kst or petition for (/110 warranto.

SFC. 7. Period to file protest or petitioll, lion-extendible. - The election

protest or petition for quo warranto shall be filed within a non-extendible
period often (10) days counted from the date of proclamation.

:"i', '. 8. Pe,,'dell"Y of pre-proc/mllation controversy. The pendency of a

P' ':P' (h:blllatiu[) controversy, involving the validity of the proclamation as
ddineu by law, shall suspend the runniug of the period for tl1e filing of an
eJection protest or petition [or quo warranto.

SEe. 9. C'OMELEC judgment in dis(/ua/ifieation case. - The decision of

the COM ELEC, t::ither en bane ur in division, in a disqualification case shall
not be a bar to the filing of a petition for CillOwarranto based on the same
gruund, except when the Supreme Comt has affirmed the COMELEC
decision.

SEe. 10. Contents of the prutest or petition. - (a) An election protest or

petition fOl' quo warranto shall COJllI1lOllly and spt::cifically state the
following facts:

(i) the position involved;

(ii) the date of proclamation; and

A.l'vLNo. lO-4-1-SC 6

(iii) thc number of votes credited to the parties per the

proc [amotion.

A CIlia }I"(I/"/"(mto p~lition shall also state:

(i) if the petitioner is not a candidate for the same municipal

position, the facts giving the peLitioner standing to file
tlle petition;

(ii) the qualifications for the municipal otliee ancl the

d isqual ilications prescribed hy law;

(iii) the petitioner's cited ground for iueligihiliLy or the

specific acts of disloyalty to the Republic of the
Philippines.

I .'
.1. An c lectioll protest shall also state:

(i) that the protestant was a candidaLe who had duly tIled a
e'er!ificate of candidacy and had been voted for the same
office;

(ii) the total numher o1"precincLs in the municipality;

(iil) the protested precincts and votes of the parLies In the

protested precincts per llle StatemenL of Votes by
Precinct or, if the votes of the parties are not specified, an
explanation why the vole~ are not specifip.d; and

(iv) 0 detailed specificatiol1 of the acts or omissions

complained of showing the electoral hauds, anomalies or
irregularities in the protested precincts.

" I 1 I . /\a/i!t! u/'("{/ses. The Supreme Court shall designate the Regional
- ,
'I'ri,d (:lillrt:; within :1 judicial region llwt shall take cognizance of election II
l,:",·t'sts ane! peliLiolls Cor (111011'0/'1'0/210. 1\ rame conduckd by the execuLive
jllde,~ siIctll determine the as:igrllllent ot' cases to these courts, except in
Sillglc-s% COUl"tsor courts speciIically designated by the Supreme Court.
No L-ourLshall assume jllrisdictioll over an election contest unless the case
has been properly assigned to it as provided herein.

At least twenty-tour (2·1) hours beCore the raffle, cne clerk of e()urt
~:.::rvcpersonal llotice to the p2rLies, sUiting the date and time of the
lllllSI \
rame. IJrc)l)f of service Lu tlIe parties shall be submitted t() t.he court, aud the
rafl1e sJwll be open to the public. The Supreme Cot;rt shall issuE' the
necessary circLlI.ar implementing. this pr'.lVisl>.
A.M. Nu IO-4-I-SC 7

The Court may order a change of venue or place of trial for

compelling reasons to avoid a miscarriage of justice.

SEe. J 2. Summary dismissal of election contests. - The court shall

sUl11marily dismiss, //lotu proprio, an election protest, counter-protest or
petition for quo warranto on any of the following grounds:

~;I) TII~ court has no jurisdiction over the subject matter;

(u) Tbe petition is insufficient in form and content as required

Iincter Section 10;

(c) The petition 1S fileu beyond the periou prescribed III these
Rules;

(d) The filing fee is not paid within tbe period for filing the election
protest or petition for quo warranto; and

(e) In a protest case where cash deposit is required, the ueposit is

Ilot paid within five (5) days from the filing of the protest.

RULE3
SUMMONS

SI:CTION 1. ,')'1l/1"II110I1s.- Within twenty-four (24) hours from the filing of

a prokst or petition, the clerk of court shall issue the corresponding
summons to the prolestee or to the respondent, together with a copy of the
protest or petition, requiring the filing of an answer within a non-extenuible
period or live days from notice.

SEe. 2. Service c!/ SU17'l1I"lOIlS.- The summons shall be served by handing

copies of the summons and of the protest or the petition to the protestee or
tbe respondent in person or, in case of the protestee's or the respondent's
re fusal to receive and sigu these copies, by tendering them to him or her.

I f, for just itiable

causes, the protestee or the respondent cannot be
:;l;rvvd in person as provided above, service may be effected by leaving
\..()pil~S nfthc summons and the protest or the petition at:

(a) tlIe protestee's or the respondent's residence, with a person of

suitabk Rge and discretion residing therein, or

(b) the protestee's or the respondent's otfice or regular place of

business, with a competent person in charge thereof.

SEe. 3. By whal"l'l served. -- The summons shall be served by a sheritt~ a

deputy sheriff, a process server or any other suitable person authorized by
the court issuing the summons.
1\.1,,1 !'in 10-4-1-SC 8

RULE 4
ANSWKH. AND COlJNTRR-PROTEST

SFf'TION J. Venlied answer; counter-protest. - Within five (5) days from

r~ceipt of the sUI~mons and the copyof the protest or petition, the protestee
or the respondent shall file an answer in tlu'ee (3) legible copies, with proof
or service of a copy on the protestant or the peti tioneL

The answer shall be verified and may set forth admissions and denials,
special and affirmative defenses, and a compulsory counterclaim, The
protestec may incorporate a counter-protest in the answer.

The counter-protest shall specify the counter-protested precincts and

the parties' voles per the Stalemeut of Votes by Precinct and, in the proper
'~N',,1 detn iled specification of llle acts or omissions complained of as
ckl'loral rraud, anomalies or irregularities in the counter-protested precincts;
if I he vutes arc not so specified, an explanation should be made li.)r the
OlllJSSlon.

SEe. 2, ;inSlVer to counterclaim or counter-protest. - The protestant or

peti tioner sha] I answer the counterclai m or counter-protest within a non-
extendible period of tlve (5) days from notice.

SEe. 3. Allegations in the answer. -

(a) Specific denial. - 1\ protestee or respondent must specify each

material allegation of fact whose truth he or she does not admit; whenever
practicable, he or she shall set fOl1h the substance of the malleI'S relied upon
to SUPPOIt the denial. The protestee or respondent shall specify the
nw~rl1lents that are true and material, and shall deny the rest.

(b) ,illegotiot/s not specifically denied deemed admitted. - Material

[Ivcrmcnts in the protest or petition, other than the amount of unliquidated
Jailiages and issues on the appreciation of ballots, shall be deemed admitted
wilen not speeitically denied.

SEC. 4. Eff€!et a/failure /0 pLead. -

(a) Defenses ond objections not pleaded-Defenses and objections

not pleaded are deemed waived. The court shall dismiss the claim when it
appears from the pleadings or the evidence on record that (1) the court has
110 jurisdiction over the subjectmalter; or (2) there is another action pending
between the same parties for the same cause; or (3) the action is balTed hy a
;;); jd,'~l;11 nt or by the statute oClilllitations.

(") CompulsOlY cOlllltel'c!ailll or ct'U:):)-c!aimnot set up harred.- A

l"JlllPltl:>OI y counterclaim or a cross-claim not set up shall be baITed.

(c) 6.lfect 0!'/l7ilure to answer. - rf the protestee or the respondent

AM. No IO-4-I-SC 9

rails to answer within the time allowed in an election protest that does not
involve hallot revision or in a petition f(x quo warranto, the court - upon
motiun of the protestant or the pelitioner, with notice to the protestee or the
respondent, and upon proof of such failure - shall pruceed to render
judgment granting the relief prayed lor on the basis of the allegations of the
verified protest or petition, unless the court in its discretion opts to require
the protestant or the petitioner to submit evidence ex parte.

\ here the election protest involves revision or examination of ballots

or the veri fication or re-tabulation of the election returns, the court shall
iSSlic Lite appropriate ordcr and shall pruceed to render judgment hased on
the resulLs of the revision, examination, verification or re-tabulation. During
these proceedings, only the protestant's revisors may participate. The
pmtestee, or his or her duly authorized representativc, has the right to bc
present und to observe the proceedings, without the right to object and to lay
claim to hallots and electiun returns.

SEe. 5. How to compute time. - In computing any period of time

prescrihed or allowed by these Rules, by order of the court or by any
applicable statute, the day of the act or the event marking the start when time
hegins to run is to be excluded and the date uf performance included. If the
last day of the period, as so computed, falls on a Saturday, a Sunday, or a
legal holiday in the place where the court sits, time shall not run until the
next working day.

:-'1i('. fl. A/llendments; limitations. - After the expiration uf the periud tor
the tiJ ing 0 rail elecl ion prutest, counter-protest or petition for quo warranto,
sll!J:.!an[i:;ti amendments that broaden the scupe of the action or introduce an
additional cause ur causes of action may be allowed only upon leave of
cuurt. Lcave of cuurt may be refused if the mution for leave appears to the
court to be intended Jor delay. Any amendment in matters of form - such as
a oefecl in the designatiun of the parties and other dearly clerical or
typographical errors - may be summarily correcled by the court at any stage
ur the proceedings, at its initiative ur on motion, provided the correction
does nut prejudice the adverse party.

RULE 5
MOTIONS

SI'Cf!ON 1. Motions //Just be ill writing. All motions shall be in writing,

,;xcept/(Jr tllose tl1nde in open court.

Sl ':C. 2. Proo! o/service necessary. - The court shall not act on any written
Jllotion, except upon submitted proof of service on the adverse party.

SEC. 3. No hearings on motions. - No motion shall be set for hearing, and

no oral argument shall be allowed in support ur any motion, except upon the
court's express directiun. A motion shall be deemed submitted for resolution
unless the adverse party files his or her written ubjections within five (5)
A.ivL l' u. IIH-I-SC 10

days from service. The COUltshall resolve a Illation within five (5) days from
the time it is deemed submitted for resolution.

RUT,E 6
PHOHIHITEDPLEADINGS

SI~:CT[ON 1. lJrohibi/ed pleadings and Inotiuns. - The following pleadings,

motions or petitions shall not be allowed in the cases covered by these
Kules:

(a) Motion to dismiss the petition, except on the ground of lack of

jllJi;di~:lioll over the subject maller;

(11) Molion for a bill of particulars;

(c) Demurrer to evidence;

(d) Motion for new trial, or for the reconsideration of a judgment,

or for reopening of trial;

(e) Petition for reliefti'omjudgment;

(t) Motion [or extension o[ time to file pleadings, affidavits or

other paper~;

(g) Memoranda, except as provided under Section 7, Rule 13 of

'I lese R llles;

(h) Motion to declare the protestee or the respondent in default;

(i) Dilatory motion [or postponement.;

U) Motion for the inhibition of the presiding judge, except on

clearly valid grounds;

(k) Reply or rejoinder; and

(1) Third-party complaint.

She. 2. Grounds lu dismiss //lust he set up in the answer. - All grounds to

dismiss an electioll protest or petition for (jUO warranto must be set up or
pkadecl as affirmative or special defenses. Defenses not raised are deemed
waived. The court may, at ils discretion, hold a preliminary hearing on the
grounds so pleaded.

RULE 7
FILING FEES AND CASH DEPOSITS

S FCTfON I. Filil7f{ .lees. - No protest, counter-protest or petition for quo

I\M, No, HH-l-SC 11

shall he accepted for filing without the payment of a filing fee in

I l'O/TOI 1/1 )
the amount 0 I' Three Thousand Pesos (:J1-3,000.00) for every protest, counter-
protest or petition for quo warranto filed.

If claims for damages and attorney's fees are set forth in a protest or
counter-protest, additional filing fees shall be paid in accordance with the
schedule under Rule 141 or the Rules of Court, as amended.

SEe. 2. Cash deposit. -

(n) In addition to the fees prescribed in the preceding section, the

l'rolc:;(allt ill an election protest requiring revision or examinalion of ballots,
ur tlte \ cri lication or re-tabulation of election returns, or which may require
bringillg copies 0[' other election documents and paraphemalia to court, shall
make a cash deposit with the court in the following amounts:

(i) One Thousand Pesos (lL I,000.00) 1'01' each precinct covered by
the protest or counter-protest, provided that the deposit shall in
no case be less than Twenty-five Thousand Pesos (P25,OOO.00)
to be paid upon the filing of the election protesl or counter-
protest;

(ii) Twenty-five Thousand Pesos (P25,OOO.OO) for the cosl of

bringing to court and of storing and maintaining the peas, the
consolidation machines and other automated election
purapllernalia hrought to court as evidence or as necessalY
equ i[1l11ent in considering the protested or counter-protested
ballots;

(iii) J f the amount to he deposited does not exceed One Hundred

Thousand Pesos (:J1- J(lO,OOO.OO),the required sum shall be paid
in full wilhin ten (10) days Li'Ulll the filing of the protest or
counter-protest; and

(iv) If the required deposit shall exceed One Hundred Thousand

Pesos (p100,000.00), a cash deposit in the amount of One
llundred Thousand Pesos (:PIOO,OOO.OO)shall be made within
ten (10) days from the fi Iing of the protest or counter-protest.
The balance shall be paid in installments under the schedule the
court may require after hearing the protestant or counter-
protestant on the matter.

'I he cash deposit

shall he applied by the court to the payment of the
compellsalion or revisors as provided under Section 3, Rule 10 of these
J<ulcs, and of all the expenses incidental to revision, including but not
limited to Ihe cost of supplies and miscellaneous expenses of the revision
committee, the cosl of the production in court aIld the storage and
maintenance of automated election equipment and paraphernalia.
r\.1\1. No. 10 'I-I-SC 12

When circlll11stances so demand (such as when the deposit has been or

is about to he depleted), the COllli may require the payment of additional
cash deposits. Any 1.1l111seu cash deposit shall be returned to the depositing
party after the complete termination of the protest or counter-protest.

The same amount of cash deposit shall be required from the protestee
(counter-protestant), should continuation of revision be ordered pursuant to
paragraph 2, Section 10, Rule 10 of these Rules. Once required, the protestee
(counter-protestant) shall pay the eash deposit wi thin a non-extendible
period of three days from receipt of the court's on.1er.

(b) FJilure to make the cash deposits required within the prescribed
time limit shall r0sult in the automatic dismissal of the protest or counter-
protest.

RULE 8
PRODUCTION AND CUSTODY OI?
BALLOT nOXES, ELECTION DOCUMENTS, DATA STORAGE
D1~VrCES AND pcas MACHINES USED IN THE ELECTIONS (A)

SECTION 1. Tssuance of precautionary protection order. - Where the

allegations in a protest so warrant, the court shall order - simultaneously
with the issuance of summons - the municipal treasurer and election officer
concerned to take immediate and appropriate measures to safeguard the
i dcgri I) of all the ballot boxes and the ballots, the lists of voters and voting
,'l:curl!s, the bOOKSor voters and other documents or paraphernalia used in
lhL:election, as well as the automated election equipment and records such as
the dala storage devices containing electronic data evidencing the conduct
and results of elecLions in the contested precincts.

SEe. 2. When ballo! boxes and election documents are brought before the
CUll/I -- Within furty-eight (4H) hours from receipt of an answer with
counter-protest, when the allegations in a protest or counter-protest so
warrant, the court shall order the ballot boxes with their keys, the PCOS and
consolidation machines, the electronic data slorage devices, the lists of
voters and voting records, the books of voters, and other documents or
paraphernalia involved in the protest or counter-protest, to be brought before
it.

The court shaJi noti fy the parties of the date and time of retrieval and
11:lllsfel"from their respective custodians of the ballot boxes, the pcas and
comolidatiofl machines (if necessary), the electronic data storage devices
ami all other automated eleclioll documents and paraphernalia. The parties
may selle! representatives t.o witness the retrieval and transfer. The absence,
however, of a representative of a party shall Ilot be reason to postpone or
delay the retrieval or transfer of the above-mentioned equipment, devices
and election documents.

The court, at its discretion, Hlay seek the assistance of the Philippine
A.M. No_ 1O-4-1-SC 13

N:.Jlional Police (PNP) or the Armed Forces of the Philippines in ensuring

the safe dclivelY of the ballot boxes and the election equipment, devices and
doclllllents 10 its custody.

Where any of the ballot boxes, ballots, PCOS machines, data storage
devices, election returns, election documents or paraphernalia mentioned
above are also involved in election contests be/ore other fora (such as the
Presidential Electoral Tribunal, the Senate Electoral Tribunal, the House of
Representatives Electoral Tribunal or the Com 111 ission on Elections) with
preferential rights of custody and revision in simultaneous protests under
COMELEC Resolution No. 2R 12 dated 17 October 1995, the comt shall
coordinate with and make the appropriate request with the higher triblmals
for the temporary prior custody of ballot hoxes, peos machines, electronic
data storage devices and other election documents and paraphernalia, or for
the synchronization of revision aeli vities.

The expenses necessary and incidental to the production in court of

[he hallot boxes and election documents and the production, storage and
Jllaintenance or pcas machines, data storage devices, and automated
eicclioll iJar3phernaiia and documents shall be shouldered and promptly paid
by the protestant and counter-protestant in proportion to the precincts
covered by their protests or counter-protests. The expenses necess31Y and
incidental to the return of the materials and documents produced in court to
their original custodians or to the proper tribunal aner the termination of the
case shall likewise he shared proportionately by the protestant and the
protestee based on the numher of precincts they respectively contest.

SFC'. 3. Access to eLectronic data in the COMELEC back-up server. - Upon

motion duly made based on demollstrated need, the cOUli may order the
(,()MI~LEC tu provide the moving party access to, or to recover and use,
cl~('tronic data ii-om the COMTILEC back-up server under conditions and
<;afcguards required by COMELEC.

RULE 9
PRELIMINARY CONFERENCE

SECTION I. Prefiminmy conference; mandatory. - Within three (3) days

after the fi ling 0 r the last responsive pleading allowed by these Rules, or on
the expiration of this period without any responsive pleading having been
filed, the eOUlt shall conduct a mandatory preliminary conference among the
parties to consider:

(a) The simplification of issues;

(I» The necessity or desirability of amendments to the pleadings;

(c) The possibility of obtaining stipulations or admission of facts

;lJ1dof documents to avoid unnecessary proof;
A.M. No. IO-4-1-SC 14

(d) The limitation of the number of witnesses;

(c) The nature of the testimonies of the witnesses and whether they
relate to evidence that do not involve the ballots, or otherwise;

(f) The withdrawal of certain protested or counter-protested

precincts, especially those where the ballot boxes or ballots are unavailable
or are lnissing, cannot be located, have been destroyed due to natural
disasters or calamities, or where Ihe pcas and other electronic data are
missing;

(g) The number of revision committees to be constituted;

(h) The procedure to be fullowed in case the election protest or

counter-protest seeks, wholly or partially, the examination of ballots, or the
verification or re-tabulation of election returns;

(!) The procedllre in handling the pcas and other electronic machines
:Jnd dat:l; and

(j) Other matters that may contribute to the prompt disposition uf the
casco

SEC. 2. Notice through cOl/nsel. - The notice of preliminary conference

shall bc served on counselor on the party himself or herself who is not
represented by counsel. Notice to counsel is notice to the palty, as counsel is
charged with the duty to notify the party represented.

SEe 3. Appearances of parties. - The parties have the duty to appear in

person hefore the court at the preliminary conference. Counsels appearing
'yiliiout lheir clienls . hould be specifically authorized to appear for and to
!'lll,! (llcir clients on the mailers covered by the preliminary conference.

SLC- 4. Prt:liJilinary conference brief -The parties shall file with the COUlt
lilcir resIJective preliminary conference briefs and serve these on the adverse
p8rly in a manner that shall ensure the other party's receipt of the brief at
kast one day before the date of the preliminary conference. The briefs shall
contain the following:

(a) A summary of admitted facts and proposed stipulations;

(b) The issues to be tried or resolved (i.e., tor election protests, the
alleged frauds or irregularities comllliLLed in the conduct of the election; fur
quo warranto proceedings, the grolll1d for ineligibility or acts of disloyalty);

(c) The documents or exhibits to be presented;

(d) A manifestation indicating the use of or the intent to use

discovelY procedures or referral to commissioners;
A.M. No IO-4-1-SC 15

(e) The numbcr and namcs of witnesses, their addresses, and the
substance 0 r their respective testi monies. The testimonies of witncsses shall
bc by a l'fidavits, in question and answer form, which shall serve as their
cLrect testimonies, subject to oral cross-examination;

(f) 1\ manifestation of withdrawal of certain protested or counter-

protested precinds, if this is the case;

(g) The proposed number of revision committees and the names of

proposed revisors and alternate revisors; and

(h) The procedure to be followed in case the election protest or

counter-protest seeks the revision or examination of ballots, or the
verification or re-tabulation of election returns.

SI~C. 5. Foi/lire tojile brief - The failure to file the required brief or to
provide the brief's mandatory contents shall have the same effect as the
iililure to appear at the preliminary conference.

SEC. 6. iif/ecl of(ailllre to appear. - The failure of the protestant/petitioner

or lhe duly authorized counsel to appear at the preliminary conference
authorizes the court, at its own initiative, to dismiss the protest, or counter-
protest or petition. The failure or the protestee/respondent or of the duly
authorized counsel to appear at the preliminary conference may likewise
havc the effect provided under Section 4(c), Rule 4 of these Rules, i.e., the
court may allow the protestant/petitioner to present evidence ex parte and
render judgment based on the evidence presented.

SEe. 7. Preliminmy conference order. - The court shall issue an order

summarizing the matters taken up ancl the stipulations or agreements reached
<ill. il1g lite conference within three (3) days rollowing the termination of the
IJrt,linlillary conference. The court shall specify in its order when the
r~visioll of ballots or the re-tabulation or election retu111s shall commence,
the stflrting Jate of which shall be within five (5) Jays fi·om the termination
of 1lle prcl iminary conterence.

RULE 10
REVISION OF BALLOTS

SECTION 1. Start of revision. - The revision of ballots shall commence on

the datc specified in the preliminary conrerence order.

Si-':C. 2. Revision committee; under the supervision of the court. - As many

revision committees as may be necessary shall be constituted. Each revision
{,(~'llmittee shall be composed of a chairperson and two members, one of
IVI1'lll1 is designated by the protestant ancl the other by the protestee. The
C( lurt ~hall designate the chairperson and a recorder from among its
personnel. The parties shall also designate their respective substitute
A.M. No. 10-4-1-SC 16

revisors.

The reVISion committee shall conduct the reVISlon in the court

pe:llliscs or at such other place the court may designate, in every case under
its strict supervision.

The revisors shall discharge their uuties with the highest degree of
integrity, conducting the proceedings with the same dignity and discipline
the COUlt itself brings to the proceeuings. They shall exercise extraordinary
diligence and take the precautionary measures required by this level of
uiligenee to prevent the Joss, uisappearance or impairment of the integrity of
the ballots and the election documents, whether electronic or printed, and the
misuse of the electronic election machines, devices and paraphernalia.

SEe. ]. Compensation oI the revisors. - The COUlt shall fix the

compensation of the revisors at Eight Hundreu Pesos (P.ROO.OO) per ballot
[-;0;, for tlIe: chaill)erson ancl Three Hunurecl Pesos (P300.00) per ballot box
j{)r each party revisor. 'J he party revisors shall each be entitled to an
"ddiLional per diem of Five Hundred Pesos (12500.00) per day. The
c01l1pcnsation for a recorder shall be Three Hundred Pesos (P300.00) per
u,llint box. This compensation shall be chargeable against the cash deposit
as provided for unuer Section 2, Rule 7 of these Rules.

S I-':C. 4. Continuous revision. -

(a) Periodjur revision. - Revision shall be conducted from 8:30 a.fi.

to 12:00 noon and ii'om 1:30 p.m. to 4:30 p.l11. [rom Monday to friday,
except on non-working holidays. The revisors may take fifteen-minute
breaks during the revision.

(h) Revision to continue even !/ a party revisor is absent or late.

The revision shall not be delayed or postponed by reason of the absence or
l<.lrdjness of il party's revisor or substitute revisor, as long as the chairperson
clnd one party revisor are present. The court may at any time designate
,-lIlother chairperson if the regular chairperson fails for any reason to report.

(c) if the revisor 0/ the protestee is ahsent or late. - T f the revisor of

the protestee is absent or late for thilty minutes and no alternate appears as a
substitute, the revision shall nevertheless commence. The protestee shall be
deemeu to have waived the right to appear and to object to the revision of
ballots made during his or her revisor's absence or tardiness.

(d) if the revisor of the protestant 0,. the revisors o/both parties fail to
uppeuI". - J1' the protestant's revisor or the revisors of buth parties or their
alternates fail to appear without justifiable reason within one hour after the
sdleJukd ::,tart of the revision, the ballot boxes scheduled [or revision for
that day allll the corresponding ballot box keys in the possession of the
chairperson, shall be returned to the court's ballot box custodian, and the
IJ<.t1lotsshall no longer be revised; the parties arc deemed to have waived
A.M. No. 10-4-1-8C 17

tlll~il"!ght to the reVISIon for that day, and the chairperson shall state the
JilCts of absence and waiver in the revision report.

SEe. 5. Prohibited access. - During the revision, no person other than the
judge, thc clerk of court, the chairperson and the mcmbers of the revision
commitlees, the parties and their duly authorized representati ves, shaJ I have
access to the revision area.

SEe. 6. COlldllC! of revision. - The revision or the votes on the ballots shall
be done manually and visually and tlu'ough the use of appropriate PCOS
machines, according to the procedure helow:

(a) On the scheduled day of revision, the following, if needed,

should bc in the custody of the court:

I. the ballot hoxes containing the ballots m protested and

counter-protested precincts; and

II. the dala storage devices and PCOS machines used in the
precincts concerned or any other device that can be used
to authenticate or assure the genuineness of the ballots;

(b) The revision committee shall initially note, before anything else,
the condition of the ballot hox and its locks and locking mechanism, and
record this condition in the revision report. Based on this observation, the
revision committee must also determine whether the integrity of the ballot
box has been preserved.

(c) The ballot box shall then be opened and the ba!lots taken out. The
"val id" ballots shall fi rst be counted, wi thout regard to the votes obtained by
t!lC p:lrlies. This will be followed by the counting of the torn, unused stray
:, HI rejected ballots, as classified at the polling place.

(d) The votes appearing in election returns copy [or the ballot box
shall thel1 be recorded in the minutes.

(c) Prior to the actual revision, the reVlSlon commi ttee must
authenticate each and every ballot to make sure that it was the same ballols
cast ancl fed to the peas machine cluring the voting. The authentication
shall be through the use of the reos machine actually used during the
electiolls in the subject precinct, or hy another device certified by the
Commission to he capable of performing the desired authentication
requirement through tbe use or the bar codes and ultra-violet ray code
detection mechanism.

(f, The I'CCOlll1tshall only proceed alter the reVISIOn committee,

!:ll'Ollgh its chairperson and members, has determined that the integrity of the
11:1llnts has been preserved.
A.I\f. t>Jo lO-'I-l-SC 18

(g) The revision eommillee shall thereafter proceed to look at the

ballots and count the indicated votes for the contested position.

(11) Tn looking at the shades or marks used to register votes, the

revision committee shall bear in mind that the will of the voters refleded as
votes in the ballots shall as much as possible be given effect, setting
technicalities aside. furthermore, the votes (Ire presumed to have been made
by the voter and shall be so considered unless reasons exist to justify their
rejection. However, marks or shades that are less than 50% of the oval shall
not be considered as valid votes. Any issue as to whether a celiain mark or
shade is within the threshold shall he determined by using the peas
machine, not by human determination.

(i) Tlte rules on the appreciation of ballots under Sedion 211 of the
Omnibus Election Code shall apply suppletorily when appropriate.

(j) There shall be a tally sheet in at least 5 copies, plus additional

copies depending on the number of additional parties, that shall be used to
tally the votes as they are counted through the use of tar as or sticks.

(k) Arter all the ballots from one ballot box have been counted, the
revision committee shall secure the contested ballots and complete the
recount report for the precinct. ThereaLter, it shall proceed to recount the
votes from the ballots of the next precinct.

(I) III case of multiple revision committees, the recount shall be done
simul taneously.

(Ill) In the event that the reV1SlOn committee determines that the
integrity of the ballots and the ballot box have not been preserved, as when
pf'Oof of tampering or substitution exists, it shall proceed to instruct the
printing of the picture image of the ballots stored in the data storage device
for the precinct. The court shall provide a non-partisan technical person who
shall conduct the necessary authentication process to ensure that the data or
image stored is genuine and not a substitute. Only after this determination
can the printed picture image be used for the recount.

SEe. 7. Preparation and submission of revision report. - The committee

shall prepare and submit to the court a revision repOli per precinct stating the
followi ng:

(;1) tlll~pr~ci nct number;

(b) the date, place and time of revision;

(c) the vutes of the parties per physical count;

(c1) tbe condition and serial numbers of the following:

A.M. No. jl)-.\-I-SC 19

(i) ballot boxes;

(ii) self-locking security metal or plastic seals (ilmer and

outer) and padlocks of the Gallot boxes;

(iii) security envelopes containing the election returns; and

(iv) numbered paper seal ofthe envelopes;

(e) if required, the availabi lity of and other circumstances attendant to

the pcas machines ami other automated election devices and paraphemalia
used in the revision;

(I) tlie votes of the parties per the ballot hox copy of the election
rC:IUrrlSand pel' the tally sheet/board found inside the ballot box;

(g) the number or ballots objected to by the parties indicating therein

the exhibit numbers;

(h) tbe grounds of objections;

(i) t.he number of stray ballots;

(j) the claims on ballots with their exhibit numbers; and

(k) the entries in the Minutes of Voting and Counting, palticularly:

(i) the numher or registered volers;

(ii) the numher of voters who actually voted;

(iii) the number of official ballots, together with their serial

numbers, used in the election;

(iv) the number of ballots actually used indicating the serial

Ilumbers of the ballots; and

(v) the unused ballots together with their serial numbers.

The revision forms shall be made available prior to revision. The per-
precinct revision repoti shall be signed and certified by the chairperson and
hy the parties' revisors, and shall form part of the records of the case.

J 11 3c1d i t ion to the per-precinct revision report, the revision eommillee

sliall also Irepare and submit to the court, within three days from
termination oC the revision, a comll1illee report summarizing the data, votes,
h:1l1o[ objections and claims, and signi ficHnt observations made in the
revision of ballols from the protested precincts and later from the counter-
protested precincts, if so conducted based on the provisions of Section 10
A.M. o. 10-4-1-SC 20

hdow. l~aGh party furnished with a copy orthe commiltee repOlt may submit
it::;CUllllllcnts thereon within a nOll-extendihle period of three (3) days from
noUce.

sr\c. 8. Order of revision. - Revision of hallots shall start with those from
the protested precincts, subject to t he provisions or Section 10 hereof.

SEe. 9. Tnqlliry as to security markings and vital information relative to

ballots and election documents. - When a revision of ballots is ordered,
~nd fur the guidance of the revisors, the court shall inquire about the security
markings on the ballots and the security measures used in the election
documents from the Chairperson or COMELTIC who shall be obliged to
indicate these markings, measures, and other vital information that may aid
the court in determining the authenticity or the ballots and election
documents. The parties shall be notified orthe results of this inquiry.

SH:. IO. Post-",~visiOJl determillation 0/ (he merit or legitimacy of the

IlI'olest prior to revisinll a/the counter-protest. - Immediately after the
re\'i~;ion or examination or ballots, or the veri1ieation or re-tabulation of
election returns ill all protested precincts, the protestant shall be required to
point to a number of precincts, corresponding to twenty percent (20%) of the
total of the revised protested precincts, that will best attest to the votes
recovered, or th3t wi II best exemplify the li-aud or irregularities pleaded in
the protest. In the meanwhile, the revision or examination of ballots, or the
veri lieation or re-tabulation of election returns in the counter-protested
precincts, shall be suspended lor a period not exceeding fifteen days to aHow
the court tu preliminarily determine, through the appreciation of ballots and
other submitted election documents, the merit or legitimacy of the protest
based on the chusen twenty percent (20%) oUbe protested precincts.

Hnsed on the results of this post-revision preliminary determination,

the eOllrt may dismiss the protest without further proceedings if the validity
or the grounds for 1 be protest is lIot established by the evidence from the
chosen twenty percent (20%) of the protested precincts; or proceed with
revision or examination o[ the ballots, or the verification or re-tahulation of
electioll returns in the counter-protested precincts. In the latter case, the
protestee shall he required to pay the e3sh deposit within a non-extendible
period oUhree (3) days frol11 notice.

SEe. II. Continuation ofappreciation of ballots. - If the court decides not

to dismiss the protest after the preliminary examination o[ the evidence from
tbe chosen twenty percent (20%) of the protested precincts, revision with
respect to the rem3ining precincts shall proceed ::It the same time that the
hallots or election documents from the counter-protested precincts are being
I-,:\'i';cd. Aft~r completion urthe revision of the protested precincts, the COUlt
~k II proCc cl with the appreciation and revision of ballots from the counter-
proksted precincls.
A.M. No. 10-4-I-SC 21

RULE 11
TECHNICAL EXAMiNATION

SECTION 1. Motion for technical examination; contents. - Except when

the protest or counter-protest involves allegation of massive substitute
voting, a party may move for the technical examination of the presented
evidence within tive (5) days after completion of revision in the protest or
counter-protest, spec if)ting:

(a) The nature of the technical examination requested (e.g.,

fingerprint examination, etc.);

(b) The documents or machines/equipment to be subjected to

technical examination;

(e) The objections made in the course of the reVlSlOn of ballots

which the movant intends to substantiate with the results of the technical
~xarni!1a1ion; and

(d) The ballots covered by these objections.

SI::e. 2. Techniccd examination; time limits. - The court may grant the
motion for technical examination at its discretion and under the conditions it
may impose. If the motion is granted, the technical examination shall start
within live (5) days from notice to both parties, and shall be completed
within the period specified by the court, in no case to exceed twenty
successive working days, unless the court grants an extension based on
exceptionally meritorious ground. i\ party may attend the t.echnical
examin3tion, either personally or t.hrough a represent.ative. However, the
technical examination shall proceed with or without the attendance or a
pany, provideu that due notice has been given.

The expenses Jor technical examination shall be for the account of the
party reqllesting the exalllination. The technical examination shall be under
the supervision ofthe clerk of court.

SEe. 3. Fxperts; who shall provide. - Experts necessary for the conduct of
technical examination shall be provided by the party requesting the same and
may come fro111 the National Bureau of Investigation, the PNP Crime
Laboratory, the Commission on Elections, the Department or Science and
Technology, or experts from the private sector. The other palty may secure
the services of his or her own expert who may only observe, not interfere
with, the examination conducled by the movant's experts.

nULE 12
PHOTOCOPYING OF BALLOTS

SUCTION 1. Photocopying simultaneous with revision. - On the motion of

a party, the comt may allow the photocopying of ballots and election
AM. No. IO-4-1-SC 22

dUClllnellts, upon such tenns and conditions as the court may impose. The
phutocopyi ng, i r allowed, must start at thc commencement of revision and,
as rar as practicable, must be completed simultaneously with the termination
of rclvision.

SEe. 2. Where conducted; parties to provide own photocopying units.

Photocopying shall he done within the premises of the court, near the
revision area, and shall be under the supervision of the clerk of COlut. The
requesting party shall provide an efficient photocopying unit and shall bear
all attendanL expenses.

SEe. 3. Copying or reproduction o/electronic data. - On the motion of a

party, the COUlt may allow the reproduclion of electronic data that are
suhmitled as evidence, or that are within the custody and control of Lhe
COMELEC under the conditions and safeguards the CO:MELEC shall
reCjllire. The costs and expenses shall be for the account of the party seeking
1 he I eproduction.

HULE 13
PRESENTATION OF EVIDENCE

S!::CTION I. Presentation and reception of evidence; order of hearing. -If

al the preliminary conference the parties have agreed on issues that do not
involve the examination and appreciation of ballots or other election
documents (e.g., vote-buying, ii'aud, terrorism or violence), the reception of
evidence on the issues, including the testimonies of witnesses, shall be done
simullalJeously with the revision uf ballols that may be required.

The reception or evidence on all other matlers or issues incidental to

or involving the ballots and related election documents shall be made upon
pklion
",,"
1
or (q) the: revision of hallots or election documents; or (6) the
technical examinrltion, if allowed by the courl under the provisions of Rule
I lor tllese Rules.

Reception of evidence shall be made in accordance with the following

order of hearing:

(a) The protestant or petitioner shall present evidence in support of

the protest or peli lion;

(h) The protestee or respondent shall then adduce evidence In

support of the defense, counterclaim or counter-protest, if any;

(c) The parties may then respectively offer rebuttal evidence only,
I, 1:-::,..• II\.) cumt r>r good reasons and in the furtherance of justice, permits
1.!1C!ll III uirer evidence un their original case; and

(el) No sllr-rebutt"al evidence shall be allowed.

A.lvl. NO.1 0-4-j-SC 23

In offering testimonial evidence, the party shall require the proposed

witness to execute an affidavit which shall be considered as the witness'
direct testimony, subject to the right of the adverse party to object to its
inadmissible portions and to orally cross-examine the witness. The affidavit
shall be based on personal knowledge, shall set forth facts as would be
admissible in evidence, and shall show afiinnativeJy that the affiant is
competent Lo testity on the stated matters. The affidavit shall be in question
and answer form, and shall be submitted to the court and served on the
adverse party at least tlu'ee (3) days belore the hearing.

J'nilure (0 submit the affidavit of a witness within the specified time

;,11;,:: C()llstitute a waiver urthe party's right to present testimonial evidence.

The one-day-cross-examination-of-witness rule i.e., that a witness

has LO be fully cross-examined in one day - shall strictly be followed,
slIhjecL to the eOUlt's discretion to extend the cross-examination for
justi fiable reasons.

The revision reports, as well as the ballots objected to or claimed by

the patiies and the submitted electronic evidence, shall automatically form
part of court records and may be adopted by the other patties as their
evidence.

SEC. 2. Offer oj'evidence. - The court shall not consider any evidence that
has flot been formally offered. Offer of evidence shall be done orally on the
hSl dflY of hemillg allowed for each party after the presentation of the
lJ"'lY'S last wiLness. The opposing party shall be required Lo immediately
i!lkl p, ,se ohjections La the otter. OJ 'he eourL shall rule on the offer of evidence
ill open court. However, the court may, at its discretion, allow the party to
make all offer of evidence in writing, which shall be submitted within three
days from notice of the cOLlrt'~ oruer. If the court rejects any evidence
offered, the party may make a tender of the excluded cvidence.

SEC. 3. Reception of evidence continuous. - Reception of evidence, once

commenced, shall continue from day to day, as far as practicable, until fully
completed or terminated at the court's order. In no case shall the entire
period for receptiun of evidence exceed tcn successive days for each party,
from the first day receptiun of evidence starts, unless otherwise authorized
by the Supreme Couti.

SEe. 4. Adjournments and postponements. - No motion for postponement

:.j !!j b\~ ;dlm\',~d, except for clearly meritoriuus reasons. In no case shall the
I,:", dillg or' hearings have an interval exceeding three calendar days, nor
~h;l!1 Lhe postponements uf hearing granted to cach party exceed tlu·ee (3).
The filing of dilatory pleadings or motions shall constitute direct contempt
of court and shall be punished accordingly.

SI~C. 5. Hurden (~fJ7mof - Durden of proof is the duty of a party to present

evidence of the facts in i~tiue tu establish his or her claim or defense.
,\H N(). IO-4-1-SC 24

SLC. 6. Disputable presumptions. - The following presumptions are

consiuered as established facts, unless contradicted and overcome by other
evidence:

(a) On the election procedure:

(i) The election of candidates was held on the date and at the
lime set and in the polling place uetermined by the
Commission on Elections;

(ii) The Boal'ds of Election Inspectors were duly constituteu

anu organized;

(iii) Polilical parties and candidates were duly represented by

pollwatchers;

(iv) Pollwatchers were able to perform their functions;

(v) The Minutes of Voting and Counting contains all the

incidents that transpired before the Board of Election
Inspectors; and

(vi) The Audit Log contains the list of all activities performed
by the pcas machines from the time it was powered on
until it was turned off.

(b) On election paraphernal ia:

(i) Ballots and election returns that bear the security

markings and features prescribed by the Commission on
Elections are genuine;

(ii) The data and informalion supplied by the members of the

Boards of Election Inspectors in the accountable forms
are true and correct; and

(iii) The allocation, packing and distribution of election

documents or paraphernalia were properly and timely
done' ,

(i v) The pcas and consolidation machines and the data

storage devices arc all in order, and the data generated
rdlect the activities entered in these electronic machines
and devices.

(c) On appreciation of ballots:

(i) A ballot with appropriate security markings is valid;

AM. No. IO-4-1-SC 25

(ii) The ballot rel1ects the intent of the voter;

(iii) The ballot was properly accomplished;

(iv) A voter personally prepared one ballot, except in the case

of assistors' , and

(v) The exercise of one's right to vote was voluntary and

free,

~I·:C.7. Submissioll of memoranda, - The court may allow the parties to

submit their respective memoranda within a non-extendible period of ten
(10) days from the verbal ruling of the COUlt on the last offer of exhibits; or,
j t' ihe 0 ffer wasrnade in writ ing, wi thin ten (10) days from receipt of the
written ruling of the court. No supplemental, reply or rebuttal memorandum
shall be allowed.

RULE 14
DECISION

SECTION I. Rendition of decision. - The court shall decide the election

contest within thirty (30) days from the date the case is submiUed for
decision, in no case beyond six (6) 1II0nths after its filing, unless the
Supreme COlllt authorizes an extension in writing. failure to comply with
this tirneline shall be considered a serious ofTense and shall be a ground for
c;lsl..:iplinary action against the judge. In addition, six (6) months after the
sllhmission of the case for decision, the judge shall be relieved of all duties
nncl flmctions except to decide the election case.

An election protest is deemed submitted for decision after completion

of the reception of evidence or, if the parties were allowed to submit
memoranda, lIpon submission of their memoranda or the expiration of the
period for their filing, whichever is earlier. In 3n election protest, the wilmer
shall be thc candidate who ohtained the plurality of the valid votes cast.

SEC. 2. Form of decision in election protests.-A ner the termination of the

revision of ballots and before rendering its decision in an election protest
that involved a revision, the court shall examine and appreciate the original
ballots, The court, in its appreciation of the ballots and in ruling on the
parties' claims and objections, shall observe the following rules:

(a) On //larked ballots - The court must specify and point to the
marking clearly indicating the voter's intent to identify the ballot.

(b) Onfake or spurious bal/ots, election document, machine, device

or j)(lI'aphernalia - The court must specify the COMELEC security
mark ing:> 01" features that are [lot found in the ballot, election document,
machine, device or paraphernalia considered fake or spurious, or the
operation or aspects of the nwchine, device or paraphernalia that resulted in
A.M No. IO-4-I-SC 26

fake or spurious results;

(c) On stray bal10ts - The court must specify and stale in detail
why the ballots are considered stray;

(0) On claimed bul10ts - The court must specify the exact basis
for admitting claimed votes or crediting these to either party.

SEC. 3. Several judgments. - In a protest or petition against several

protestees or respondents, the court may, when a several judgment is proper,
render judgment against one or more ofthem, leaving the protest or petition
to proceed against the olhers.

SI2C. 4. ?romlligation of decision. - The decision signed by the presiding

judge shall be promulgated by reading its dispositive portion in open court
on a dale set with notice to the parties and filing the decision with the 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 or rendition and cause true
copies thereof to be served, personally or by registered mail, on the counsels
or on the patties if they are not represented by counsel.

Sb:e. 5. Finafi~y of decision. - The court's promulgated decision shall

hccome final and executory fi ve (5) days after receipt of notice by the parties
if no appeal is taken.

SEe. 6. Fn/iy 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 o[ judgments. The date of finality of the judgment shall be the date
of its entry. The record shall contain the dispositive part of the judgment and
shall be signed by the clerk, with a certificate that the judgment has become
final and executory.

SEC. 7. Notice of final decision. - As soon as the decision becomes final,

the clerk of court shall send notices to the COMELEC, the Departmcnt of
the Interior and Local Government, and thc Commission on Audit.

SEe. 8. Appeal. - An aggrievcd party may appeal the decision to the

COMELEC within five (5) days after promulgation, by filing a notice of
:ijJpcClI with the court that rendered the decision, with copy served on thc
a,1 \terse counsel or on the adverse party who is not represented by counsel.

S I ,:c. (). Appealfee. - The appellant in an election contest shall pay to the
court that rendered the decisiun an appeal fee of One Thousand Pesos
(PI,OOO.OO), sinlllltancously with the filing ofthe notice of appeal.

SEe. 10. Immediate transmittal of records of the case. - The clerk of court
shall, wi thin fifteen (15) days fr0111 the filing or the notice of appeal, transmit
to the Electoral Contests Adjudication Department, COMELEC, the
complete records of the case, together with all the evidence, including the
A.M. NO.1 0-4-t-SC 27

original and three copies of lhe lranscript of stenographic noles of the

proceed i ngs.

SEe. II. Execution pending appeal. - On motion of the prevailing party

with notice lo the adverse party, the court, at its discretion and while still in
possession of the original records, may order the execution of its decision
hefore the expiralion of the period to appeal, subject to the following rules:

(a) Execution pending appeal shall not issue except upon motion
and hearing with prior nolice of the motion of at least three (3) days to the
adverse party. The Illotion for execution pending appeal musl be supported
IJY good reasons cited and stated by the court in a special order. These
reasons must:

(i) conslitule superior circumstances demanding urgency

that would outweigh the injury or damage, should the
losing parly secure a reversal of the judgmenl on appeal;
and

(ii) manifest, in the decision sought to be executed, that the

defeat of the protestee or the victory of the protestant
has been clearly established.

(b) If the court granls an execution pending appeal, an aggrieved

paTty shall have twenty working days from notice of the special order within
which [0 secure a restraining order or status quo order from the Supreme
Court or the COMELEC. The corresponding writ of execution shall issue
aner lwenty (20) days if no restraining order or status quo Ol'der is issued.
During the twenty(20)-day period, the issuance of a writ of execution
pending appeal shall be stayed.

SFC. 12. Jurisdiction of the Commission on Elections in certiorari cases. -

The COMELRC has the authority to issue the extraordinary writs of
certiorari, prohibition and /'I'lQndamlls only in aid of its appellate jurisdiction
over decisions of the courts in election cases involving elective municipal
officials.

SEC. 13. Preferential dispositio/l of election contests. - 'I'he courts shall

gi ve preference to election contests over all other cases, except petitions for
honea corpus and for the writs of arnjJaro and haheas data.

RULE 15
COSTS, DAMAGES AND ATTORNEY'S FEES

Sj-.:C'J'ION 1. Costs,'
when a/lowed. - Costs shall be allowed to the
prevailing party 3S a matter of course. The C01.11tshall have the power, for
special reasons, to apportion the costs, as may be equitable. The COUltmay
rcndcr judgment for costs if a protest, a counter-protest or a petition for quo
warranto is dismissed. When a protest, a counter-protest or a petition for
A.M. No IO-.f-t-sC 28

qllU is found to be frivolous, double or treble costs may be

Ival'ml1lo
imposed on the protestant, the counter-protestant or the petitioner.

SGc. 2. Damages and attnrney's fees. - In all eledion contests, the court
may adjudicate damages and attorney's fees as it may deem just and as
established by the evidence, if the aggrieved party has included these claims
in the pleadings.

RULE'16
ELECTH.ONIC EVIDENCE

SECTION J. Originnl nf an eiectJ'()nic document or data. - An electronic

d{JCLllllcntor data shall he regarded as the equivalent of an original document
under the Bcst F,vidence Rule if it is a printout or an output readable by sight
or otlier means and shown to reflect the data accurately.

SEC. 2. Copies as equivalent nfthe originals. When a document is in two

or morc copies executed at or about the same time with identical contents, or
is a counterpart produced by the same impression as the original, or [rom the
samc matrix, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques that accurately reproduce the
original, such copies or duplicates shall be regarded as the equivalent of the
original.

Notwithstanding the foregoing, copies or duplicates shall not be

admissible to the same extent as the original if:

d) a genuine question is raised as to the authenticity of the

ori"inal·
'"' , or

h) under the circumstances, it would be unjust or inequitable to

admit the copy in lieu of the original.

SEC. 3. Affidavit as evidence. - All matters relating to the admissibility and

evidentiary weight of an electronic document may be established by an
artidavit stating facts of direct personal knowledge o[ the affiant or based on
authentic records. The affidavit must affirmatively show the competence of
the amant to testify on the matters contained therein. The affiant shall be
made to affirm the contents of the affidavit ill open session and may be
cross-examined as a matter of right by the adverse party.

RULE!?
AUTHF.NTICATION OF ELI~CTRONIC DOCUMENTS ANn
DATA

srCTTON l. Burden of proving authenticity. - The person seeking to

introduce an electronic document in an election protest has the burden of
proving its authenticity in the manner provided in this Rule.
• r

.. hI. j~(). IO-4-1-SC 29

sue. 2. l'dunner of authentication. - Before any electronic document or

data offered as authentic is received in evidence, its authenticity must be
proved by any 01' the following means:

a) By evidence that it has been digitally signed by the person

purported to have signed it. "Digitally signed" rders to an electronic
document or electronic data message bearing a digital signature veri oed by
the public key listed in a certificate.

b) By evidence that other appropriate security procedures or devices

for authentication of electronic documents authorized by the Supreme COUlt
or hy law for 1he authentication of electronic documents were applied to the
ducumcnt; or

c) Dy other evidence showing its integrity and reliability to the

sMisfaction oftbe judge.

SEC. J. The Rules on Electronic Jividence. - The Rules on Electronic

Evidence shall apply 10 evidentiaty aspects of pleadings, practicc and
procedurc in election contests not othelwise specifically provided for in
these Rules.

RULE]S
FINAL PROVISIONS

Sl~CTrUN I. Nepealing clause. - For municipal election contests, these

ruJc~; supersede A.M. No. 07-4-l5-SC (The Rules of Procedure In Election
Contests Berore The Courts Involving Municipal and Barangay Officials)
which bccame effective on May IS, 2007. All other nIles, resolutions,
regulations or circulars of the Supreme Court or parts thereof that are
inconsistent with any provision of these Hules are hereby dccmed repealed
or modi fied accordingly.

SEe. 2. ~llectivity clause. - These Rulcs shall take effect fifteen (15) days
after their publication In a newspaper of general circulation in the
Philippines.