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COMELEC RULES OF PROCEDURE Election Contest

The document outlines the rules of procedure for election contests before the Commission on Elections (COMELEC) in the Philippines. It discusses rules for election protests (Section 1-13), quo warranto petitions (Section 1-2), and appeals from court decisions in election protest cases (Section 1-10). It provides details on filing periods, contents of petitions and answers, revision of ballots, custody of election documents, and grounds for dismissal of appeals. The rules establish processes for challenging election results and candidates' eligibility in the COMELEC.

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0% found this document useful (0 votes)
285 views9 pages

COMELEC RULES OF PROCEDURE Election Contest

The document outlines the rules of procedure for election contests before the Commission on Elections (COMELEC) in the Philippines. It discusses rules for election protests (Section 1-13), quo warranto petitions (Section 1-2), and appeals from court decisions in election protest cases (Section 1-10). It provides details on filing periods, contents of petitions and answers, revision of ballots, custody of election documents, and grounds for dismissal of appeals. The rules establish processes for challenging election results and candidates' eligibility in the COMELEC.

Uploaded by

AJ Salazar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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COMELEC RULES OF PROCEDURE

February 15, 1993

A. ORDINARY ACTIONS

Rule 20 - Election Protests

Section 1. Filing of Election Protest. - A verified petition contesting the election of any regional, provincial or city official
shall be filed by any candidate who duly filed a certificate of candidacy and has been voted for the same office, within
ten (10) days after the proclamation of the results of the election.

Each contest shall refer exclusively to one office, but contests for offices of the Sangguniang Pampook, Sangguniang
Panlalawigan or Sangguniang Panglungsod may be consolidated in a single case.

Section 2. Contents of Answer. - The answer must specify the nature of the defense and may set forth special and
affirmative defenses.

Section 3. Counter-Protest or Counterclaim. - The protestee may incorporate in his answer a counter-protest or a
counterclaim.

Section 4. General Denial. - If no answer is filed to the protest or counter-protest, a general denial shall be deemed to
have been entered.

Section 5. Protestant's Reply. - The protestant may file a reply.

Section 6. Revision of Ballots. - When the allegations in a protest or counter-protest so warrant, or whenever in the
opinion of the Commission or Division the interest of justice so demands, it shall immediately order the ballot boxes
containing ballots and their keys, list of voters with voting records, book of voters, and other documents used in the
election to be brought before the Commission, and shall order the revision of the ballots.

Section 7. Composition and Compensation of Revision Committee. - For the above purpose, the Commission may
constitute a committee on the revision of ballots which shall be composed of the following with the corresponding
compensation per ballot box contested:

1. A Chairman, who shall be a lawyer of the Commission - P150.00


2. One Revisor/Alternate for the Protestant - P100.00
3. One Revisor/Alternate for the Protestee - P100.00
Other Support Staff:
4. Clerk - P50.00
5. Typist - P50.00
6. Ballot Box Custodian - P50.00

Section 8. Revision Expenses. - The compensation of the members and staff shall be deducted from the cash deposit
of the protestant or the protestee as the case may be, and other incidental expenses such as supplies and
transportation in the supplies and transportation in the gathering of the protested ballot boxes.

Section 9. Venue of the Revision. - The revision of ballots shall be made in the Office of the Clerk of Court concerned
or at such places as the Commission or Division shall designate and shall be completed within three (3) months from
the date of the order; unless otherwise directed by the Commission.

Section 10. Custody of Election Records and Paraphernalia. - The ballot boxes containing ballots and their keys, the
list of voters with the voting records, book of voters, and other documents used in the election, shall be kept and held
secure in a place to be designated by the Commission, in the care and custody of the ballot box custodian of the
Electoral Contests Adjudication Department and under the authority of the Chairman.

COMELEC RULES OF PROCEDURE: Election Contest Page 1


Section 11. Report of Committee on Revision. - The committee on revision of ballots shall make a statement of the
condition in which the ballot boxes and their contents were found upon the opening of the same, and shall classify the
ballots so examined and set forth clearly any objection that may have been offered to each ballot in the report to be
submitted by them. Disputed ballots shall be numbered consecutively for purposes of identification in the presence and
under the direction of the committee chairman. After examination, the ballots and other election documents shall be
returned to their respective boxes under lock but disputed ballots shall be placed in a separate envelope duly sealed
and signed by the members of the committee and then returned to the box. For purposes of making said report, which
shall be submitted in twelve (12) legible copies, only the prescribed form prepared by the Commission shall be used.

Section 12. Prohibited Access. - During the revision of ballots, no person other than the Members of the Commission,
members of the committee on revision of ballots, the Clerk of Court concerned or the latter's authorized
representatives and the parties, their attorney or their duly authorized representatives shall have access to the place
where said revision is taking place.

Section 13. Book of Voters as Evidence. - In election contests, the book of voters shall be conclusive in regard to the
question as to who has the right to vote in said election.

Rule 21 - Quo warranto

Section 1. Petition for Quo Warranto. - Any voter contesting the election of any regional, provincial or city official on
the ground of ineligibility or of disloyalty to the Republic of the Philippines may file a petition for quo warranto with the
Electoral Contests Adjudication Department.

Section 2. Period Within Which to File. - A petition for quo warranto may be filed within ten (10) days from the date the
respondent is proclaimed.

Rule 22 - Appeals from Decisions of Courts in Election Protest Cases

Section 1. Caption and Title of Appealed Cases. - In all election contests involving the elections, returns, and
qualifications of municipal or barangay officials, the party interposing the appeal shall be called the "Appellant" and the
adverse party the "Appellee", but the title of the case shall remain as it was in the court of origin.

Section 2. Attorneys. - The attorneys of the parties in the courts shall be considered as their respective attorneys in
the Commission, unless otherwise manifested.

Section 3. Notice of Appeal. - Within five (5) days after promulgation of the decision of the court, the aggrieved party
may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party.

Section 4. Immediate Transmittal of Records of the Case. - The Clerk of the court concerned shall, within fifteen (15)
days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department the complete
records of the case, together with all the evidence, including the original and three (3) copies of the transcript of
stenographic notes of the proceedings.

Section 5. Filing of Briefs. - The Clerk of Court concerned, upon receipt of the complete records of the case, shall
notify the appellant or his counsel to file with the Electoral Contests Adjudication Department within thirty (30) days
from receipt of such notice, ten (10) legible copies of his brief with proof of service thereof upon the appellee.

Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file ten (10) legible copies of his brief
with proof of service thereof upon the appellant.

Section 6. Contents of Brief. - The brief shall have the same contents as those provided under Sections 16 and 17,
Rule 46 of the Rules of Court. A copy of the decision appealed from shall be attached as an appendix to the
appellant's brief.

Section 7. Reply Brief. - The appellant may file a reply brief within twenty (20) days from receipt of appellee's brief.

COMELEC RULES OF PROCEDURE: Election Contest Page 2


Section 8. When Case May Be Set for Oral Argument. - Upon the filing of appellant's reply brief, or after the expiration
of the time for its filing, the case shall be deemed submitted for decision, unless within fifteen (15) days therefrom, any
party asks, and for special reason, is thereafter granted permission for oral argument, or unless the Commission motu
proprio requires it. Oral arguments shall be confined to such points as the Commission may specify in an order setting
the date therefor. The Commission may admit memoranda in lieu of oral argument.

Section 9. Grounds for Dismissal of Appeal. - The appeal may be dismissed upon motion of either party or at the
instance of the Commission on any of the following grounds:

(a) Failure of the appellant to pay the correct appeal fee;


(b) Failure of the appellant to file copies of his brief within the time provided by these rules;
(c) Want of specific assignment of errors in the appellant's brief; and
(d) Failure to file notice of appeal within the prescribed period.

Section 10. Withdrawal of Appeal. - An appeal may be withdrawn as a matter of right at any time before the filing of
appellee's brief. After the filing of the appellee's brief, the withdrawal may be allowed at the discretion of the
Commission.

B. SPECIAL ACTIONS

Rule 25 - Disqualification of Candidates

Section 1. Grounds for Disqualification. - Any candidate who does not possess all the qualifications of a candidate as
provided for by the Constitution or by existing law or who commits any act declared by law to be grounds for
disqualification may be disqualified from continuing as a candidate.

Section 2. Who May File Petition for Disqualification. - Any citizen of voting age, or duly registered political party,
organization or coalition of political parties may file with the Law Department of the Commission a petition to disqualify
a candidate on grounds provided by law.

Section 3. Period to File Petition. - The petition shall be filed any day after the last day for filing of certificates of
candidacy but not later than the date of proclamation.

Section 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

Section 5. Effect of Petition if Unresolved Before Completion of Canvass. - If the petition, for reasons beyond the
control of the Commission, cannot be decided before the completion of the canvass, the votes cast for the respondent
may be included in the counting and in the canvassing; however, if the evidence of guilt is strong, his proclamation
shall be suspended notwithstanding the fact that he received the winning number of votes in such election.

Rule 26 - Postponement or Suspension of Elections

Section 1. Postponement of Election. - When for any serious cause such as violence, terrorism, loss or destruction of
election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free,
orderly, honest, peaceful and credible election should become impossible in any political subdivision, the Commission,
motu proprio, or upon a verified petition by any interested party, and after due notice and hearing whereby all
interested parties are afforded equal opportunity to be heard, may postpone the election therein to a date which should
be reasonably close to the date of the election not held, suspended, or which resulted in a failure of election, but not
later than thirty (30) days after the cessation of the cause of such postponement or suspension of the election or failure
to elect.

Section 2. Failure of Election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes
the election in any precinct has not been held on the date fixed, or had been suspended before the hour fixed by law
for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns
or in the custody of canvass thereof, such election results in a failure to elect, and in any of such cases the failure or
suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition

COMELEC RULES OF PROCEDURE: Election Contest Page 3


by any interested party and after due notice and hearing, call for the holding or continuation of the election not held,
suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held,
suspended or which resulted in a failure to elect but not later than thirty (30) days after the cessation of the cause of
such postponement or suspension of the election or failure to elect.

Section 3. Motu Proprio Postponement. - When the Commission acts motu proprio, notices of hearing must be sent to
all interested parties by the fastest means available.

Section 4. When Based Upon a Verified Petition. - Unless a shorter period is deemed necessary by circumstances,
within twenty-four (24) hours from the filing of the petition, the Clerk of Court concerned shall forthwith serve notices to
all interested parties, indicating therein the date of hearing, through the fastest means available.

Section 5. Time to File Opposition. - Unless a shorter period is deemed necessary by the circumstances, within two
(2) days from receipt of the notice of hearing, any interested party may file an opposition with the Law Department of
the Commission.

Section 6. Summary Proceeding. - The hearing of the case shall be summary in nature.

Section 7. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are
members of the Philippine Bar to hear the case and to receive evidence.

Section 8. Determination of Cessation of Cause. - The determination of the cessation of the cause of the
postponement or suspension of election or failure of election falls within the exclusive prerogative of the Commission.

C. IN SPECIAL CASES

Rule 27 - Pre-Proclamation Controversies

Section 1. Jurisdiction of the Commission in Pre-Proclamation Controversies. - The Commission has exclusive
jurisdiction in pre-proclamation controversies arising from national, regional or local election.

A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization, or
coalition of political parties before the board of canvassers or directly with the Commission.

Section 2. Pre-Proclamation Controversies: How Commenced. - Questions affecting the composition or proceedings
of the Board of Canvassers or correction of manifest errors may be initiated in the Board or directly with the
Commission. However, matters raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in
relation to the preparation, transmission, receipt, custody and appreciation of the election returns, and the Certificate of
Canvass shall be brought in the first instance before the board of canvassers concerned only.

Section 3. Summary Hearing and Disposition of Pre-Proclamation Controversies. - All pre-proclamation controversies
shall be heard summarily after due notice provided that pre-proclamation controversies on election returns or
certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be
disposed of summarily by the Commission en banc within seven (7) days from receipt thereof, provided further, that
said decision shall be executory after the lapse of seven (7) days from receipt thereof by the boards of canvassers
concerned except petitions filed Under Sec. 5 hereof which shall be immediately executory upon receipt by the boards
of canvassers concerned.

Section 4. Issues that May Be Raised in the Pre-Proclamation Controversies. - The following are the proper issues
that may be raised in a pre-proclamation controversy:

(a) Illegal composition or proceedings of the board of canvassers;

(b) The canvassed election returns, or the certificate of canvass in appropriate cases, are incomplete, contain
material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in
other authentic copies thereof;

COMELEC RULES OF PROCEDURE: Election Contest Page 4


(c) The election returns or certificate of canvass were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and

(d) When substitute or fraudulent returns or certificates of canvass in controverted polling places were
canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.

(e) Correction of manifest errors.

Section 5. Pre-proclamation Controversies Which May Be Filed Directly With the Commission. - (a) The following pre-
proclamation controversies may be filed directly with the Commission:

1) When the issue involves the illegal composition or proceedings of the board of canvassers as when
a majority or all of the members do not hold legal appointments or are in fact usurpers; or when the
canvassing has been a mere ceremony that was pre-determined and manipulated to result in nothing
but a sham canvassing as where there was convergence of circumstances of precipitate canvassing,
terrorism, lack of sufficient notice to the members of the board of canvassers and disregard of
manifest irregularities on the face of the questioned returns or certificates of canvass in appropriate
cases;

2) When the issue involves the correction of manifest errors in the tabulation or tallying of the results
during the canvassing as where (1) a copy of the election returns or certificate of canvass was
tabulated more than once, (2) two or more copies of the election returns of one precinct, or two or
more copies of certificate of canvass were tabulated separately, (3) there has been a mistake in the
copying of the figures into the statement of votes or into the certificate of canvass, or (4) so-called
returns from non-existent precincts were included in the canvass, and such errors could not have been
discovered during the canvassing despite the exercise of due diligence and proclamation of the
winning candidates had already been made.

(b) If the petition involves the illegal composition or proceedings of the board under subparagraph (1) of
paragraph (a) above, it must be filed immediately when the board begins to act as such, or at the time of the
appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the
board, or immediately at the point where the proceedings are or begin to be illegal.

If the petition is for correction, it must be filed not later than five (5) days following the date of proclamation and
most implead all candidates who may be adversely affected thereby.

(c) Upon the docketing of such petition, the Clerk of Court concerned shall forthwith issue summons, with a
copy of the petition, to the respondents.

(d) The Clerk of Court concerned shall immediately set the petition for hearing.

(e) The petition shall be heard and decided by the Commission en banc.

(f) When the petition involves the composition or proceedings of the board, the board of canvassers shall not
commence, proceed or resume the canvass unless otherwise ordered by the Commission.

Section 6. Rights of Political Parties and Candidates Before the Board of Canvassers in Pre-Proclamation Cases. - (a)
Any registered political party, organization, or coalition of political parties, through their representatives, and any
candidate, has the right to be present and to counsel during the canvass of election returns, or certificates of canvass
in appropriate cases.

Only one counsel may argue for each registered political party, organization, or coalition of political parties, or
candidate. Counsel shall have the right to examine the election returns or certificates of canvass being canvassed
without touching them, make their observations thereon, and file their challenges and objections thereto.

No dilatory action shall be allowed by the board of canvassers which may impose time limits for oral argument.

COMELEC RULES OF PROCEDURE: Election Contest Page 5


(b) Any registered political party, organization, or coalition of political parties, through their representatives and
any candidate is entitled to obtain a copy of the Statement of Votes per precinct and a copy of the certificate of
canvass duly signed by all the members of the board of canvassers.

Section 7. Correction of Errors in Tabulation or Tallying of Results by the Board of Canvassers. - (a) Where it is clearly
shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns, or
certificates of canvass, during the canvassing as where (1) a copy of the election returns of one precinct or two or
more copies of a certificate of canvass were tabulated more than once, (2) two copies of the election returns or
certificate of canvass were tabulated separately, (3) there was a mistake in the adding or copying of the figures into the
certificate of canvass or into the statement of votes by precinct, or (4) so-called election returns from non-existent
precincts were included in the canvass, the board may motu proprio, or upon verified petition by any candidate,
political party, organization or coalition or political parties, after due notice and hearing, correct the errors committed.

(b) The order for correction must be made in writing and must be promulgated.

(c) Any candidate, political party, organization or coalition of political parties aggrieved by said order may
appeal therefrom to the Commission within twenty-four (24) hours from the promulgation.

(d) Once an appeal is made, the board of canvassers shall not proclaim the winning candidates, unless their
votes are not affected by the appeal.

(e) The appeal must implead as respondents the Board of Canvassers concerned and all parties who may be
adversely affected thereby.

(f) Upon receipt of the appeal, the Clerk of Court concerned shall forthwith issue summons, together with a
copy of the appeal, to the respondents.

(g) The Clerk of Court concerned shall immediately set the appeal for hearing.

(h) The appeal shall be heard and decided by the Commission en banc.

Section 8. Procedure Before the Board of Canvassers When Composition or Proceedings of Board are Contested. -
(a) When the composition or proceeding of the board of canvassers, are contested the board of canvassers shall,
within twenty-four (24) hours, make a ruling thereon with notice to the contestant who, if adversely affected, may
appeal the matter to the Commission within three (3) days after the ruling with proper notice to the board of
canvassers. The Commission en banc shall summarily decide the case within five (5) days from the filing thereof.

(b) Upon receipt of such appeal, the Clerk of Court concerned shall immediately set the case for hearing, with
due notice to the parties, by the Commission en banc.

(c) During the pendency of the appeal, the board of canvassers shall immediately suspend the canvass until
the Commission orders the continuation or resumption thereof.

Section 9. Procedure Before Board of Canvassers When Inclusion or Exclusion of Election Returns are Contested. -
(a) Any candidate, registered political party, organization or coalition or political parties contesting the inclusion or
exclusion in the canvass of any election returns on any of the grounds provided in Section 3 of this Rule or by law,
shall present or submit their oral objection to the Chairman of the Board of Canvassers, stating the grounds therefor, at
the time the contested returns is opened or presented for inclusion or exclusion.

(b) The objections must be faithfully recorded, noted and entered in the minutes of the canvassing indicating
therein the date and hour the objection was made.

(c) The board shall automatically defer the canvass of the contested returns, after recording separately the
results therein, and shall proceed to canvass the other returns which are not contested.

COMELEC RULES OF PROCEDURE: Election Contest Page 6


(d) Simultaneously with the oral objection, the objecting party shall also enter his objection in the form for
written objections to be prescribed by the Commission. Within twenty-four (24) hours from and after the
presentation of such an objection, the objecting party shall submit the evidence in support of the objections,
which shall be attached to the form for written objections. With the same period of twenty-four hours after
presentation of the objection, any party may file a written and verified opposition to the objection in the form
also to be prescribed by the Commission, attaching thereto supporting evidence, if any. The Board shall not
entertain any objection or opposition unless reduced to writing in the prescribed forms.

The evidence attached to the objection or opposition, submitted by the parties, shall be immediately and
formally admitted into the records of the Board by the Chairman of the board of canvassers affixing his
signature at the back of each and every page thereof.

(e) Upon receipt of the evidence, the Board shall take up the contested returns, consider the written objections
thereto and opposition, if any, and summarily and immediately rule thereon. The Board shall enter its ruling on
the prescribed form and authenticate the same by the signature of its members.

(f) Any party adversely affected by the ruling of the Board shall immediately inform the Board if he intends to
appeal said ruling. The Board shall enter said information in the Minutes of Canvass, set aside the returns and
proceed to consider the other returns.

(g) After all the uncontested returns have been canvassed and the contested returns ruled upon by it, the
Board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the
ruling may file with the Board a written and verified Notice to Appeal; and within an inextendible period of five
(5) days thereafter, an appeal may be taken to the Commission.

Immediately upon receipt of the Notice of Appeal, the Board shall make an appropriate report to the
Commission, elevating therewith the complete records and evidence submitted in the canvass, furnishing the
parties with the copies of the report.

(h) On the basis of the records and evidence elevated to it by the Board, the Commission en banc shall decide
summarily the appeal within seven (7) days from the receipt of said records and evidence. Any appeal brought
before the Commission on the ruling of the Board, without the accomplished forms and the evidence appended
thereto, shall be summarily dismissed.

The decision of the Commission en banc shall be executory after the lapse of seven (7) days from receipt
thereof by the boards of canvassers concerned.

(i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission
in writing after the later shall have ruled on the objections brought to it on appeal by the aggrieved party. Any
proclamation in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the
uncontested results of the elections.

(j) If in the course of the canvass the boards' copy of the election returns is missing, the board shall, by
messenger or otherwise obtain such missing returns from the board of election inspectors concerned, or if said
returns have been lost or destroyed, the board of canvassers, upon prior authority of the Commission, may
use any of the authentic copies of said election returns or a certified true copy of said election returns issued
by the Commission.

(k) If it clearly appears that some requisites in form or data had been omitted in the election returns, the Board
of Canvassers shall call for all the members of the board of election inspectors concerned by the most
expeditious means, for said board to effect the correction: provided that in case the omission in the election
return is that of the name of any candidate and/or his corresponding votes, the board of canvassers shall
require the board of election inspectors concerned to complete the necessary data in the election returns and
affix therein their initials: Provided, further, that if the votes omitted in the returns cannot be ascertained by
other means except by recounting the votes, the board of canvassers shall immediately make a report thereon
to the Commission and the latter, after satisfying itself that the identity and integrity of the ballot box have not
been violated, shall order the board of election inspectors to open the ballot box, and, also after satisfying itself

COMELEC RULES OF PROCEDURE: Election Contest Page 7


that the integrity of the ballots therein has been duly preserved, order the broad of election inspectors to count
the votes for the candidates whose votes have been omitted with notice thereof to all candidates for the
position involved and thereafter complete the returns.

(l) When the board of canvassers determines that the election returns submitted to it appear to be tampered
with, altered or falsified after they have left the hands of the board of inspectors, or otherwise not authentic or
were prepared by the board of election inspectors under duress, force, or intimidation, or prepared by persons
other than the members of the board of election inspectors, the board of canvassers shall use the other copies
of said election returns, and if necessary, the copy inside the ballot box which, upon prior authority of the
Commission, may be retrieve. If the other copies of the returns are likewise tampered with, altered, falsified,
not authentic, prepared under duress, force, intimidation, or prepared by persons other than the members of
the board of election inspectors, the board of canvassers shall immediately bring the matter to the attention of
the Commission. The Commission shall then, after giving notice to all candidates concerned and after
satisfying itself that nothing in the ballot box indicates that its identity and integrity have been violated, order
the opening of the ballot box and, likewise after satisfying itself that the integrity of the ballots therein has been
duly preserved, shall order the board of inspectors concerned to recount the votes of the candidates affected
and when proper, to prepare a new return which shall then be used by the board of canvassers as basis of the
canvass.

(m) In case it appears to the board of canvassers that there exists discrepancies in the other authentic copies
of the election returns from a precinct or discrepancies in the votes of any candidate in words and figures in
the same returns, and in either case the difference affects the results of the election, the Commission, upon
motion of the board of canvassers or any candidate affected and after due notice to all candidates concerned,
shall proceed summarily to determine whether the integrity of the ballot box had been preserved, and once
satisfied thereof shall order the opening of the ballot box to recount the votes cast in the precinct solely for the
purpose of determining the true result of the count of votes of the candidates concerned.

(n) When the evidence submitted to the board of canvassers indicate a failure of elections in a precinct or
precincts and the number of registered voters therein would affect the final result of the election, the board of
canvassers shall bring the matter to the attention of the Commission. Until this issue is resolved the board of
canvassers shall suspend the proclamation of any candidate.

Section 10. Appeals from Rulings of Board of Canvassers. - (a) A party aggrieved by a ruling of the Board of
Canvassers shall, within forty-eight hours from receipt of a copy of the ruling of the Board of Canvassers, file with the
Board a written and verified Notice of Appeal; and within an inextendible period of five (5) days, he shall file his appeal
to the Commission.

Upon receipt of the appeal, the Commission en banc shall immediately determine whether the issues related
therein are grounds proper for pre-proclamation controversy. If the issues raised are not among the grounds
enumerated under Sec. 3 of this Rule, the same shall be dismissed, otherwise it shall be raffled to any of the
two (2) divisions of the Commission which shall dispose of it summarily within three (3) days from the period of
referral by the Commission en banc.

(b) The appeal filed with the Commission shall be docketed by the Clerk of Court concerned.

(c) The answer/opposition shall be verified.

(d) The Division to which the case is assigned shall immediately set the case for hearing.

(e) At the hearing, no new evidence shall be received, unless for good reasons shown, it is clearly and
convincingly established that the appellant was deprived of due process by the board of canvassers.

(f) If the appellant is allowed to present new evidence, oral testimonies may be dispensed with, and in lieu
thereof, the parties may be required to submit their position papers, together with affidavits, counter-affidavits,
and other documentary evidence, after which the case shall be deemed submitted for decision.

COMELEC RULES OF PROCEDURE: Election Contest Page 8


Section 11. Period Within Which Boards of Canvassers Must Complete Canvass. - Subject to reasonable exceptions,
board of canvassers must complete their canvass within thirty-six (36) hours in cities not comprising at least one
legislative district, and in municipalities; within forty-eight (48) hours in cities comprising one or more legislative district
and within seventy-two (72) hours in the provinces.

Section 12. Submission of the Minutes of the Proceedings of the Board. - Within 15 days from the termination of
canvass, the secretary of the board of canvassers shall submit to the Law Department of the Commission on Elections
in Manila by registered mail a certified copy of the minutes of the proceedings of the board, together with its written
rulings on objections to the composition or proceedings of the board of canvassers, to the inclusion or exclusion of
election returns or to correction of tabulation, and any evidence offered by the parties, and shall notify by telegram the
said department of the date and the manner of transmittal of the minutes

COMELEC RULES OF PROCEDURE: Election Contest Page 9

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