COMELEC RULES OF
PROCEDURE
February
15, 1993
Pursuant
to Section 6 of Article IX-A and Section 3 of Article IX-C of the Constitution
of the Republic of the Philippines and the powers vested in it by
existing
laws, the Commission on Elections hereby promulgates the following
rules
governing pleadings, practice and procedure before it or any of its
offices: PART
IINTRODUCTORY
PROVISIONSRule
1 - Title and Construction
Section
1. Title of the Rules. - These rules shall be known and cited
as
the Comelec Rules of Procedure.chanrobles virtual law library
Sec. 2.
Applicability. - These rules, except Part VI, shall apply to all
actions and proceedings brought before the Commission. Part VI shall
apply
to election contests and quo warranto cases cognizable by courts of
general
jurisdiction.chanrobles virtual law library
Sec. 3.
Construction. - These rules shall be liberally construed in
order
to promote the effective and efficient implementation of the objectives
of ensuring the holding of free, orderly, honest, peaceful and credible
elections and to achieve just, expeditious and inexpensive
determination
and disposition of every action and proceeding brought before the
Commission.chanrobles virtual law library
Sec. 4.
Suspension of the Rules. - In the interest of justice and in
order
to obtain speedy disposition of all matters pending before the
Commission,
these rules or any portion thereof may be suspended by the Commission.chanrobles virtual law library
Sec. 5.
Meaning of Words. - Whenever used in these Rules, the following
words or terms shall mean:
(a)
Commission
- the Commission on Elections
(b)
Division
- a Division of the Commission on Elections
(c)
Chairman
- the Chairman of the Commission on Elections
(d)
Commissioner
- a Commissioner of the Commission on Elections
(e)
Member
- the Chairman or a Commissioner
(f)
Ordinary
Actions - shall refer to Election Protests, Quo warranto, and Appeals
from
decisions of courts in election protest cases
(g)
Special
Actions - shall refer to Petitions to deny course to certificate of
candidacy,
to declare a candidate as a nuisance candidate, to disqualify a
candidate
or to postpone or suspend an election
(h)
Special
Cases - shall refer to Pre-proclamation cases
(i)
Special
Reliefs - shall refer to Certiorari, Prohibition, Mandamus and Contempt
(j)
Provisional
Remedies - shall refer to injunction and/or restraining order
(k)
Special
Proceedings - shall refer to annulment of permanent list of voters,
registration
of political parties and accreditation of citizens' arms of the
Commission.chanrobles virtual law library
PART
IIPOWERS
OF THE COMMISSION AND TRANSACTION OF BUSINESSRule
2 - Powers of the Commission
Section
1. Express Powers. - In the performance of its administrative,
quasi-judicial
and judicial functions, the Commission shall exercise all such powers
and
functions as are expressly vested upon it by the Constitution and by
law.chanrobles virtual law library
Sec. 2.
Implied Powers. - The Commission shall likewise exercise such
powers
as are implied in or are necessary to the effective exercise of its
express
powers.chanrobles virtual law library
Sec. 3.
Inherent Powers. - When performing its constitutional or
statutory
functions, the Commission shall have inherent power to:
(a)
Preserve
and enforce order in its immediate presence;
(b)
Enforce
order in proceedings before it or before any of its offices or
officials
empowered to conduct investigation under its authority.chanrobles virtual law library
(c)
Compel
obedience to its judgments, orders and processes;
(d)
Control
its ministerial officers and all other persons in any manner connected
with a case before it, and in every manner appertaining thereto;
(e)
Compel
the attendance of persons to testify in a case pending before it;
(f)
Administer
or cause to be administered oaths in a case pending before it, and in
all
other cases where it may be necessary in the exercise of its powers;
(g)
Amend
and control its processes and orders so as to make them conformable to
law and justice;
(h)
Authorize
a copy of a lost or destroyed pleading or other paper to be filed and
used
instead of the original, and to restore, and supply deficiencies in its
records and proceedings.chanrobles virtual law library
Sec. 4. Means
to Effect Jurisdiction. - All auxiliary writs, processes and other
means necessary to carry into effect its powers or jurisdiction may be
employed by the Commission; and if the procedure to be followed in the
exercise of such power or jurisdiction is not specifically provided for
by law or these rules, any suitable process or proceeding may be
adopted.chanrobles virtual law library
Sec. 5.
Powers and Duties of the Chairman. - The powers and duties of
the
Chairman of the Commission when discharging his functions in actions or
proceedings before the Commission are as follows:
(a) To
issue calls for the sessions of the Commission;
(b) To
preside
over the sessions of the Commission; and to act as Presiding
Commissioner
of a Division when expressly authorized in these Rules;
(c) To
designate
any of the Commissioners to preside over sessions of the Commissions en
banc in the event of his absence, disqualification or inhibition;
(d) To
preserve
order and decorum during the session;
(e) To
decide
all questions of order, subject to appeal to the Commission en banc;
(f) To
enforce
orders, resolutions, and decisions of the Commission and the Divisions;
(g) To
sign
interlocutory resolution, orders or rulings and temporary restraining
orders
of the Commission in cases not yet assigned to the Divisions;
(h) To
take
such other measures as he may deem proper upon consultation with the
other
members of the Commission; and
(i) To
exercise
such other powers as are vested upon him by law or by specific
provisions
of these Rules.chanrobles virtual law library
Sec. 6. Powers
and Duties of the Presiding Commissioner. - The powers and duties
of
the Presiding Commissioner of a Division when discharging its functions
in cases pending before the Division shall be as follows:
(a) To
issue calls for the sessions of the Division;
(b) To
preside
over the sessions of the Division;
(c) To
preserve
order and decorum during the sessions of the Division;
(d) To
sign
interlocutory resolutions, orders or rulings and temporary restraining
orders in cases already assigned to the Division;
(e) To
decide
all questions of order, subject to appeal to the full Division; and
(d) To
take
such other measures as he may deem proper upon consultation with the
other
members of the Division.chanrobles virtual law library
Rule
3 - How the Commission Transacts Business
Section
1. How Business is Transacted. - In the exercise of its
Constitutional
or statutory powers, functions, and duties, the Commission may sit en
banc
or in to Divisions.chanrobles virtual law library
Sec. 2.
The Commission En Banc. - The Commission shall sit en banc in
cases
hereinafter specifically provided, or in pre-proclamation cases upon a
vote of a majority of the members of the Commission, or in all other
cases
where a division is not authorized to act, or where, upon a unanimous
vote
of all the Members of a Division, an interlocutory matter or issue
relative
to an action or proceeding before it is decided to be referred to the
Commission
en banc.chanrobles virtual law library
Sec. 3.
The Commission Sitting in Divisions. - The Commission shall sit
in two (2) Divisions to hear and decide protests or petitions in
ordinary
actions, special actions, special cases, provisional remedies,
contempt,
and special proceedings except in accreditation of citizen's arms of
the
Commission.chanrobles virtual law library
Sec. 4.
Composition of a Division. - Each Division shall be composed of
three Commissioners, one of whom shall be the Presiding Commissioner.
The
Commission en banc shall determine who shall compose a Division.chanrobles virtual law library
Sec. 5.
Quorum; Votes Required. - (a) When sitting en banc, four (4)
Members
of the Commission shall constitute a quorum for the purpose of
transacting
business. The concurrence of a majority of the Members of the
Commission
shall be necessary for the pronouncement of a decision, resolution,
order
or ruling.chanrobles virtual law library
(b) When
sitting in Division, two (2) Members of a Division shall constitute a
quorum
to transact business. The concurrence of at least two (2) Members of a
Division shall be necessary to reach a decision, resolution, order or
ruling.
If this required number is not obtained, the case shall be
automatically
elevated to the Commission en banc for decision or resolution.chanrobles virtual law library
(c) Any
motion to reconsider a decision, resolution, order or ruling of a
Division
shall be resolved by the Commission en banc except motions on
interlocutory
orders of the division which shall be resolved by the division which
issued
the order.chanrobles virtual law library
Sec. 6.
Change in Composition; Substitution. - The composition of a
Division
may be changed by the Chairman of the Commission whenever necessary,
Provided
that no change shall be made more than once every three (3) months;
Provided
Moreover, that notice thereof in writing shall be furnished the parties
in cases pending before the Division concerned.chanrobles virtual law library
Whenever
there is a vacancy in a Division because a member inhibits himself, is
absent, or is disqualified from sitting in a case, or when a division
has
only two (2) regular members, the Chairman may appoint a substitute
Commissioner,
or the Chairman himself may sit as substitute or third member, and in
that
event he shall preside.chanrobles virtual law library
Sec. 7.
Sessions. - The Commission or the Divisions shall hold sessions
on such days and time as it may specify at the session hall of the
Commission,
or at such other places in the Philippines as it may designate.chanrobles virtual law library
Sec. 8.
Assignment of Cases. - The assignment of cases of the two (2)
Divisions
herein constituted shall be done strictly through raffle to be
conducted
regularly by the Chairman of the Commission in the presence of at least
a majority of the Commissioner; Provided, That the assignment of cases
shall be made as evenly as possible.chanrobles virtual law library
Sec. 9.
Consolidation of Cases. - When an action or proceeding involves
a question of law and fact which is similar to or common with that of
another
action or proceeding, the same may be consolidated with the action or
proceeding
bearing the lower docket number.chanrobles virtual law library
Rule
4 - Disqualification and Inhibition
Section
1. Disqualification or Inhibition of Members. - (a) No Member
shall
sit in any case in which he or his spouse or child is related to any
party
within the sixth civil degree or consanguinity or affinity, or to the
counsel
of any of the parties within the fourth civil degree of consanguinity
or
affinity, or in which he has publicly expressed prejudgment as may be
shown
by convincing proof, or in which the subject thereof is a decision
promulgated
by him while previously serving as presiding judge of an inferior
court,
without the written consent of all the parties, signed by them and
entered
in the records of the case; Provided, that no Member shall be the
"ponente"
of an en banc decision/resolution on a motion to reconsider a
decision/resolution
written by him in a Division.chanrobles virtual law library
(b) If it
be claimed that a Member is disqualified from sitting as above
provided,
the party raising the issue may, in writing, file his objection with
the
Commission, stating the grounds therefor. The member concerned shall
either
continue to participate in the hearing or withdraw therefrom, in
accordance
with his determination of the question of his disqualification. His
decision
thereon shall forthwith be made in writing and filed with the
Commission
for proper notation and with the records of the case. No appeal or stay
shall be allowed from, or by reason of, his decision in favor of his
own
competency until after final judgment in the case.chanrobles virtual law library
(c) A Member
may, in the exercise of his sound discretion, inhibit himself from
sitting
in a case for just or valid reasons other than those mentioned above.chanrobles virtual law library
Sec. 2.
Disqualification Resulting in Lack of Quorum. - If the
disqualification
or inhibition of a Member should result in a lack of quorum in the
Commission
sitting en banc, the Presiding Justice of the Court of Appeals, upon
request
of the Commission, shall designate a Justice of said Court to sit in
said
case for the purpose of hearing and rendering a decision thereon.chanrobles virtual law library
PART
IIIINITIATION
OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSIONRule
5. - Parties to Actions or Proceedings
Section
1. Applicability. - the Rules under Part III shall apply to
all
actions and proceedings hereinafter provided for.chanrobles virtual law library
Sec. 2.
Who may be Parties. - Only natural or juridical persons or
entities
duly authorized by law, such as a voter, a candidate, or registered
political
parties, organization or coalition of political parties, including
parties
or organizations under the party-list system, and any such person
permitted
by these Rules to bring an action or proceeding may be parties in any
action
or proceeding before the Commission.chanrobles virtual law library
Sec. 3.
Parties in Interest. - All actions filed with the Commissioner must
be prosecuted and defended in the name of the real party in interest.chanrobles virtual law library
Sec. 4.
Designation of Parties. - A person qualified to be a party under
Sec. 2 of this Rule seeking relief shall be referred to as Petitioner
or
Protestant. Any person who claims interest adverse to the petitioner or
protestant or against whom a claim or interest is directed by the
petitioner
or protestant, shall be referred to as the Respondent or Protestee.chanrobles virtual law library
Sec. 5.
Class Suit. - When the subject matter of the controversy is one
of common or general interest to many persons, and the parties are so
numerous
that it is impracticable to bring them all before the Commission, one
or
more may sue or defend for the benefit of all. But in such case, the
Commission
shall make sure that the parties actually before it are sufficiently
numerous
and representative so that all interests concerned are fully protected.
Any party in interest shall have a right to intervene to protect his
individual
interest.chanrobles virtual law library
Sec. 6.
Compulsory Joinder of Indispensable Parties. - Parties in
interest
without whom no final determination of an action can be had shall be
joined
either as petitioner or protestant or respondent or protestee.chanrobles virtual law library
Rule
6 - Commencement of Action or Proceedings
Sec. 1.
Commencement of Action or Proceedings by Parties. - Any natural
or juridical person authorized by these rules to initiate any action or
proceeding shall file with the Commission a protest or petition
alleging
therein his personal circumstances as well as those of the protestee or
respondent, the jurisdictional facts, and a concise statement of the
ultimate
facts constituting his cause or causes of action and specifying the
relief
sought. He may add a general prayer for such further or other relief as
may be deemed just or equitable.chanrobles virtual law library
Sec. 2.
Commencement of Action by the Commission. - In cases where the
Commission
is authorized to initiate motu proprio an action or proceeding, the
Commission
shall issue an order for hearing reciting therein the purpose for which
the hearing is being called for and a concise statement of facts giving
rise thereto. Copies of such order shall be served upon persons or
registered
political parties, organizations or coalition of political parties
known
to have an interest in the matter or who may be affected thereby, and
published
in a newspaper of general circulation in the Philippines at least ten
(10)
days before the scheduled date of hearing.chanrobles virtual law library
Rule
7 - Pleadings
Section
1. Filing of Pleadings. - Every pleading, motion and other
papers
must be filed in ten (10) legible copies. However, when there is more
than
one respondent or protestee, the petitioner or protestant must file
additional
number of copies of the petition or protest as there are additional
respondents
or protestees.chanrobles virtual law library
Sec. 2.
How Filed. - The documents referred to in the immediately
preceding
section must be filed directly with the proper Clerk of Court of the
Commission
personally, or, unless otherwise provided in these Rules, by registered
mail. In the latter case, the date of mailing is the date of filing and
the requirement as to the number of copies must be complied with.chanrobles virtual law library
Sec. 3.
Form of Pleadings, etc. - (a) All pleadings allowed by these
Rules
shall be printed, mimeographed or typewritten on legal size bond paper
and shall be in English or Filipino.chanrobles virtual law library
(b) Protests
or petitions in ordinary actions, special actions, special cases,
special
reliefs, provisional remedies, and special proceedings, as well as
counter-protests,
counter-petitions, interventions, motions for reconsideration, and
appeals
from rulings of board of canvassers shall be verified. All answers
shall
be verified.chanrobles virtual law library
(c) A pleading
shall be verified only by an affidavit stating that the person
verifying
the same has read the pleading and that the allegations therein are
true
of his own knowledge. Verifications based on "information or belief" or
upon "knowledge", "information" or "belief" shall be deemed
insufficient.chanrobles virtual law library
(d) Each
pleading shall contain a captain setting forth the name of the
Commission,
the title of the case, the docket number and the designation of the
pleading.
When an action or proceeding has been assigned to a Division, the
caption
shall set forth the name of the Division.chanrobles virtual law library
Sec. 4.
Docket and Assignment of Numbers. - Upon the Filing of a protest
or petition, the Clerk of Court of the Commission concerned shall
docket
the same and assign to it a docket number. The numbering must be
consecutive
according to the date it is filed, must bear the year, and prefixed as
follows:
(a) EPC
- for Ordinary Actions
(b)
EAC
- for Appealed Cases
(c)
SPA
- for Special Actions
(d)
SPC
- for Special Cases
(e)
SPR
- for Special Reliefs
(f)
SPP
- for Special Proceedings
(g) EO
-
for Election Offenses
Sec. 5. Non-acceptance
of Pleading. - No pleading shall be accepted by the Commission
unless
it conforms to the formal requirement provided herein.chanrobles virtual law library
Rule
8 - Intervention
Section
1. When Proper and Who may be Permitted to Intervene. - Any
person
allowed to initiate an action or proceeding may, before or during the
trial
of an action or proceeding, be permitted by the Commission, in its
discretion,
to intervene in such action or proceeding, if he has legal interest in
the matter in litigation, or in the success of either of the parties,
or
an interest against both, or when he is so situated as to be adversely
affected by such action or proceeding.chanrobles virtual law library
Sec. 2.
Motion for Intervention. - A person desiring to intervene shall
file a motion for leave of the Commission or the Division with notice
upon
all the parties to the action.chanrobles virtual law library
Sec. 3.
Discretion of Commission. - In allowing or disallowing a motion
for intervention, the Commission or the Division, in the exercise of
its
discretion, shall consider whether or not the intervention will unduly
delay or prejudice and adjudication of the rights of the original
parties
and whether or not the intervenor's rights may be fully protected in a
separate action or proceeding.chanrobles virtual law library
Sec. 4.
Protest/Petition or Answer in Intervention. - The intervention
shall
be made by protest or petition filed and served in due form, and may be
answered as if it were an original protest or petition; but where
intervenor
unites with the protestee or respondent in resisting the claims of
protestant
or petitioner, the intervention may be made in the form of an answer to
the protest or petition.chanrobles virtual law library
Rule
9 - Amended and Supplemental Pleadings
Section
1. When Amendments Allowed as a Matter of Right. - A party may
amend
his pleadings once as a matter of course at any time before a
responsive
pleading is served, or, if the pleading is one to which no responsive
pleading
is permitted and the action has not been placed upon the trial
calendar,
he may so amend it at any time within five days after it is served.chanrobles virtual law library
Sec. 2.
Amendments Only by Leave. - After the case is set for hearing,
substantial
amendments may be made only upon leave of the Commission or the
Division,
as the case may be. Such leave may be refused if it appears to the
Commission
or the Division that the motion was made with intent to delay the
action
or that the cause of action or defense is substantially altered. Orders
of the Commission or the Division upon the matters provided in this
section
shall be made upon motion duly filed, and after the adverse the party
has
been notified and afforded an opportunity to be heard.chanrobles virtual law library
Sec. 3.
Matters Subject of Supplemental Pleadings. - Upon motion of a
party
the Commission or a Division, as the case may be, may, upon notice and
upon such terms as are just, permit him to serve a supplemental
pleading
setting forth transactions, occurrences or events which have happened
since
the date of the pleading sought to be supplemented. If the Commission
or
the Division deems it advisable that the adverse party should plead
thereto,
it shall so order, specifying the time therefor.chanrobles virtual law library
Rule
10 - Periods for Pleading
Section
1. Title to Answer. - Unless otherwise provided in these Rules,
(a) In ordinary actions, special reliefs, and special proceedings, the
answer must be filed within five (5) days from service of summons and a
copy of the petition; and
(b) In special
actions and special cases, the answer must be filed within three (3)
days
from service of summon and a copy of the petition.chanrobles virtual law library
Sec. 2.
Answer to Amended Protest or Petition. - If the protest or
petition
is amended, the time fixed for the filing and service of the answer
shall,
unless otherwise ordered, run from receipt of the notice of the order
admitting
the amended protest or petition or from service of such amended protest
or petition. An answer filed before the amendment shall stand as an
answer
to the amended protest or petition, unless a new one is filed within
five
(5) days from notice or service as herein provided.chanrobles virtual law library
Sec. 3.
Answer to Counter-Protest or Counterclaim. - A counter-protest, or
a counterclaim when appropriate, must be filed within five (5) days
from
the date of service thereof upon the protestant or petitioner.chanrobles virtual law library
Sec. 4.
Period of Intervene and Time to Answer Intervention. - Whenever
intervention is allowed the same must be filed within five (5) days
from
receipt of the order permitting the intervention, unless a different
period
is fixed by the Commission or Division.chanrobles virtual law library
Sec. 5.
Reply. - Unless otherwise provided in these Rules, a reply may
be
filed within five (5) days from receipt of the answer.chanrobles virtual law library
Sec. 6.
Extension of Time to Plead. - Unless otherwise provided in
these
Rules, the time to plead may be extended by the Commission upon motion
and on such terms as it may deem just.chanrobles virtual law library
Rule
11 - Motions
Section
1. Motions Defined. - Every applications for an order not
included
in a decision of the Commission or a Division may be called a motion.chanrobles virtual law library
Sec. 2.
Motions Must be in Writing. - All motions shall be in writing,
except
motions for continuance made in the presence of the adverse party, or
those
made in the course of a hearing or trial.chanrobles virtual law library
Sec. 3.
Contents of Motions. - A motion shall state the order sought to
be obtained and the grounds upon which it is based.chanrobles virtual law library
Sec. 4.
Notice. - Notice of a motion shall be served by the movant to
all
parties concerned, at least three (3) days before the hearing thereof,
together with a copy of the motion. For good cause shown, the motion
may
be heard on shorter notice, especially on matters which the Commission
or the Division may dispose of on its own motion.chanrobles virtual law library
The notice
shall be directed to the parties concerned and shall state the time and
place of the hearing of the motion.chanrobles virtual law library
Sec. 5.
Proof of Service. - No motion shall be acted upon by the
Commission
without proof of service of notice thereof, except when the Commission
or a Division is satisfied that the rights of the adverse party or
parties
are not affected.chanrobles virtual law library
Sec. 6.
No oral Arguments for Motions. - No oral argument shall be heard
in support of motions unless, for special reasons, the Commission or a
Division directs otherwise.chanrobles virtual law library
Sec. 7.
Motion Day. - The first hours of the session of the Commission
en
banc or of the division shall be devoted to hearings of motions.chanrobles virtual law library
Sec. 8.
Omnibus Motion. - A motion assailing a pleading or a proceeding
shall include all objections then available, and all objections not so
included shall be deemed waived.chanrobles virtual law library
Rule
12 - Service and Filing of Pleadings and Other Papers
Section
1. Filing with the Commission. - The Filing of pleadings,
appearances,
motions, notices, and other papers with the Commission as required by
these
rules shall be made by filing them personally or through a duly
authorized
representative with the appropriate Clerk of Court of the Commission,
or
by registered mail except in a special action to declare a candidate as
a nuisance candidate. If filed personally or by a duly authorized
representative,
the Clerk of Court shall stamp on the pleading the date and hour of
filing.
It filed by registered mail, the date of the mailing of motions,
pleadings,
or other papers or payments or deposits, as shown by the post office
stamp
on the envelope or the registry receipt, shall be considered as the
date
of their filing, payment or deposit with the Commission. The envelope
shall
be attached to the records of the case.chanrobles virtual law library
Sec. 2.
Papers to be Filed and Served. - Orders required to be served,
pleadings
subsequent to a petition or protest, written motions other than those
which
may be heard ex-parte, and written notices, appearances, demand or
offer
of judgment or similar papers shall be filed with the Commission and
served
upon the parties affected thereby. If any of the parties has appeared
by
an attorney or attorneys, service shall be made upon his attorney or
upon
any of his attorneys, unless service upon the party himself is ordered
by the Commission or Division. Where one attorney appears for several
parties,
he shall be entitled to only one copy of any paper served upon him by
the
opposite side.chanrobles virtual law library
Sec. 3.
Mode, Completion and Proof of Service. - Service of pleadings,
motions,
notices, orders or judgment and other papers, the completeness thereof,
and proof of such service shall be made in the manner prescribed by the
Rules of Court of the Philippines.chanrobles virtual law library
Rule
13 - Prohibited Pleadings
Section
1. What Pleadings are not Allowed. - The following pleadings
are
not allowed:
(a)
motion
to dismiss;
(b)
motion
for a bill of particulars;
(c)
motion
for extension of time to file memorandum or brief;
(d)
motion
for reconsideration of an en banc ruling, resolution, order or decision
except in election offense cases;
(e)
motion
for re-opening or re-hearing of a case;
(f)
reply
in special actions and in special cases; and
(g)
supplemental
pleadings in special actions and in special cases.chanrobles virtual law library
PART
IVDISPOSITION
OF ACTIONS OR PROCEEDINGSRule
14 - Summons
Section
1. Clerk to Issue Summons. - Unless otherwise provided herein,
the
Clerk of Court of the Commission or the division concerned shall issue
the corresponding summons to the protestee or respondent within three
(3)
days following the filing of a protest or petition in ordinary actions
except appeals from decisions of courts in election protest cases, in
special
actions, special cases, special reliefs, and in special proceedings.chanrobles virtual law library
Sec. 2.
Contents. - Summons shall be directed to the protestee or
respondent,
signed by the Clerk of Court of the Commission or the division
concerned
under the seal of the Commission, and shall contain (a) the name of the
Commission or its Division and the names of the parties; (b) a
direction
that the protestee or respondent shall answer within the time fixed by
these Rules.chanrobles virtual law library
A copy of
the protest or petition shall be attached to the original and to each
copy
of the summons.chanrobles virtual law library
Sec. 3.
Issuance of Other Summons. - If a summons is returned without being
served on any of the protestees or respondents, or if it has been lost,
the Clerk of Court concerned, on demand of the protestant or
petitioner,
may issue another summons as the case may require, in the same form as
the original.chanrobles virtual law library
Sec. 4.
By Whom Summons May be Served. - The summons may be served by
personal
service or by mail. Personal service may be made by a bailiff of the
Commission
or the division or upon request of the Commission or a Division, by the
sheriff of any court in the place where the parties to be served
reside;
or for special reasons, by any person especially authorized by the
Commission
or a Division.chanrobles virtual law library
Sec. 5.
Return. - When the service has been completed by personal
service,
the server shall give notice thereof, by registered mail, to the
protestant
or petitioner or his counsel and shall return the summons to the Clerk
of Court concerned who issued it, accompanied with the proof of service.chanrobles virtual law library
Sec. 6.
Proof of Service. - Proof of service of summons shall be made in
the manner provided for in the Rules of Court in the Philippines.chanrobles virtual law library
Rule
15 - Pre-Trial
Section
1. Purpose of Pre-Trial. - At the discretion of the Commission
or
the Division, the parties and their attorneys may be required to appear
before it for a pre-trial conference to consider:
(a) The
simplification of issues;
(b)
The
possibility of obtaining admission of facts and of documents to avoid
unnecessary
proof;
(c)
The
limitation of the number of witnesses; and
(d)
Such
other matters as may be aid in the prompt disposition of the action or
proceeding.chanrobles virtual law library
This rule shall
not apply to election protest cases filed before the Commission on
Elections.
In such cases, the parties shall submit, to form part of the record of
the case, a position paper which summarizes their legal positions.chanrobles virtual law library
Rule
16 - Subpoena
Section
1. Subpoena Ad Testificandum or Subpoena Duces Tecum. -
Subpoena
ad testificandum or subpoena duces tecum may be issued by the
Commission
or the Division motu propio, or upon request of the parties in any case.chanrobles virtual law library
Sec. 2.
By Whom Issued. - The subpoena shall be heard by the Chairman
of
the Commission in cases heard en banc, or by the Presiding Commissioner
of the Division concerned.chanrobles virtual law library
Sec. 3.
Form and Contents. - A subpoena shall be signed by the Clerk of
Court concerned. It shall state the name of the Commission or the
Division
issuing it and the title of the action; it shall be directed to the
person
whose attendance is required, and in the case of a subpoena duces
tecum,
it shall also contain a reasonable description of the books, documents
or things demanded which may appear prima facie relevant.chanrobles virtual law library
Sec. 4.
Authority of Officials of the Commission to Issue Subpoena. -
Officials
of the Commission authorized under these Rules to hear cases and
receive
evidence or conduct preliminary investigation shall have the authority
to issue subpoena in connection with such cases.chanrobles virtual law library
Rule
17 - Hearings
Section
1. Notice of Hearing. - After the issues have been joined, the
case
shall be set for hearing and the parties, thru counsel, shall be
served,
personally or by registered mail, giving sufficient time for the notice
thereof to be received by the parties not less than three (3) days
before
the date set. Whenever necessary, telegraphic notices shall be sent
simultaneously
with the formal notice of hearing.chanrobles virtual law library
Sec. 2.
Order of Hearing. - Unless the Commission or the Division, as
the
case may be, for special reasons, directs otherwise, the order of
hearing
shall be as follows:
(a) The
petitioner or protestant shall present evidence on his part;
(b)
The
protestant-in-intervention, if any, shall present evidence on his part;
(c)
The
respondent or protestee shall then offer evidence in support of his
defense
or counter-protest, if any;
(d)
The
parties may then respectively offer rebutting evidence only, unless the
Commission or the Division, as the case may be, for good reasons, in
the
furtherance of justice, permits them to offer evidence upon their
original
case;
(e)
When
the evidence is concluded, unless the parties agree to submit the case
without arguments, the parties or their counsel may be allowed to
argue,
subject to such limitation of time as the Commission or the Division
may
prescribe;
(f) In
lieu
of oral arguments, the parties may be allowed to submit their
respective
memoranda within a period of three (3) days.chanrobles virtual law library
Sec. 3. Oral
Testimony Dispensed with Where Proceedings are Summary. - When the
proceedings are authorized to be summary, in lieu of oral testimonies,
the parties may, after due notice, be required to submit their position
paper together with affidavits, counter-affidavits and other
documentary
evidence; and when there is a need for clarification of certain
matters,
at the discretion of the Commission or the Division, the parties may be
allowed to cross-examine the affiants.chanrobles virtual law library
This provision
shall likewise apply to cases where the hearing and reception of
evidence
are delegated by the Commission or the Division to any of its
officials;
and when there is a need for clarification of certain matters, the
hearing
officer may schedule a hearing to propound clarificatory questions,
observing
for that purpose Section 6 of Rule 34 of these Rules.chanrobles virtual law library
Sec. 4.
Period to Terminate Hearing When Delegated. - The hearing and
reception
of evidence, when delegated by the Commission or a Division to any of
its
officials, shall be completed within three (3) days. The official
concerned
shall submit his findings, report and recommendation to the Commission
or the Division within three (3) days from such completion.chanrobles virtual law library
Sec. 5.
Agreement on Facts. - The parties to any action may agree in
writing
on the facts involved in the case.chanrobles virtual law library
Rule
18 - Decisions
Section
1. Procedure in Making Decisions. - The conclusions of the
Commission
in any case submitted to it for decision en banc or in Division shall
be
reached in consultation before the case is assigned by raffle to a
Member
for the writing of the opinion of the Commission or the Division and a
certification to this effect signed by the Chairman or the Presiding
Commissioner,
as the case may be, shall be incorporated in the decision. Any Member
who
took no part, or dissented, or abstained from a decision or resolution
must state the reason therefor.chanrobles virtual law library
Every decision
shall express therein clearly and distinctly the facts and the law on
which
it is based.chanrobles virtual law library
Sec. 2.
Minute Resolution. - No minute resolution resolving a case shall
be rendered if evidence has been adduced and received.chanrobles virtual law library
Sec. 3.
When Extended Opinion Reserved. - When in a given resolution or
decision the writing of an extended opinion is reserved, the extended
opinion
shall be released within fifteen (15) days after the promulgation of
the
resolution.chanrobles virtual law library
Sec. 4.
Period to Appeal or File Motion for Reconsideration When Extended
Opinion
is Reserved. - If an extended opinion is reserved in a decision or
resolution, the period to file a petition for certiorari with the
Supreme
Court or to file a motion for reconsideration shall begin to run only
from
the date the aggrieved party received a copy of the extended opinion.chanrobles virtual law library
Sec. 5.
Promulgation. - The promulgation of a decision or resolution of
the Commission or a Division shall be made on a date previously fixed,
of which notice shall be served in advance upon the parties or their
attorneys
personally or by registered mail or by telegram.chanrobles virtual law library
Sec. 6.
Procedure if Opinion is Equally Divided. - When the Commission
en
banc is equally divided in opinion, or the necessary majority cannot be
had, the case shall be reheard, and if on rehearing no decision is
reached,
the action or proceeding shall be dismissed if originally commenced in
the Commission; in appealed cases, the judgment or order appealed from
shall stand affirmed; and in all incidental matters, the petition or
motion
shall be denied.chanrobles virtual law library
Sec. 7.
Period to Decide by the Commission En Banc. - Any case or matter
submitted to or heard by the Commission en banc shall be decided within
thirty (30) days from the date it is seemed submitted for decision or
resolution,
except a motion for reconsideration of a decision or resolution of a
Division
in Special Actions and Special Cases which shall be decided within
fifteen
(15) days from the date the case or matter is deemed submitted for
decision,
unless otherwise provided by law.chanrobles virtual law library
Sec. 8.
Period to Decide by a Division. - Any case or matter heard by a
Division shall be decided within ten (10) days from the date it is
deemed
submitted for decision or resolution, except in Special Actions and
Special
Cases which shall be decided or resolved within five (5) days from the
date they are deemed submitted for decision or resolution, unless
otherwise
provided by law
Sec. 9.
When Deemed Submitted for Decision. - (a) A case or matter is
deemed
submitted for decision or resolution upon the filing of the last
pleading,
brief or memorandum as required in these Rules or by the Commission en
banc or by a Division.chanrobles virtual law library
(b) However,
if the hearing and reception of evidence are delegated to any of its
officials,
the case or matter shall be deemed submitted for decision as of the
date
of the receipt of the findings, report and recommendation of the
official
so delegated.chanrobles virtual law library
Sec. 10.
Duty to Certify to the President. - In election protests and
quo
warranto cases, if the decision shall be that none of the parties has
been
legally elected, the Commission shall certify such decision to the
President
of the Philippines.chanrobles virtual law library
Sec. 11.
Duty to Notify Other Agencies of the Government. - (a) As soon
as
a decision in an election protest within the original jurisdiction of
the
Commission or in a quo warranto case becomes final and executory,
notices
thereof shall be sent to the President, the Secretary of Local
Government,
the Chairman of the Commission on Audit, and the Secretary of the
Sangguniang
Pampook in the case of regional officials, the Secretary of the
Sangguniang
Panlalawigan in the case of provincial officials, and the Secretary of
the Sangguniang Panglungsod in the case of city officials.chanrobles virtual law library
(b) As soon
as a decision or resolution in an appealed election case becomes final
and executory, notices thereof shall be sent to the President, the
Secretary
of Local Government, the Chairman of the Commission on Audit, and the
Secretary
of the Sangguniang Bayan in the case of municipal officials and the
Secretary
of the Sangguniang Barangay in the case of barangay officials.chanrobles virtual law library
Sec. 12.
Dissemination of Decision in a Petition to Deny Due Course to or
Cancel
a Certificate of Candidacy or to Declare a Candidate as a Nuisance
Candidate.
- The Commission shall, within twenty-four (24) hours from the
promulgation
of a decision in petitions to deny due course to or cancel a
certificate
of candidacy, declare a candidate a nuisance candidate or disqualify a
candidate, disseminate its decision, or the decision of the Supreme
Court
if the Commission's decision is brought by the aggrieved party to said
Court, to the election registrars concerned, boards of election
inspectors,
and the general public in the political subdivision concerned through
the
fastest means available.chanrobles virtual law library
Sec. 13.
Finality of Decisions or Resolutions. - (a) In ordinary actions,
special proceedings, provisional remedies and special reliefs a
decision
or resolution of the Commission en banc shall become final and
executory
after thirty (30) days from its promulgation.chanrobles virtual law library
(b) In Special
Actions and Special Cases a decision or resolutions of the Commission
en
banc shall become final and executory after five (5) days from its
promulgation
unless restrained by the Supreme Court.chanrobles virtual law library
(c) Unless
a motion for reconsideration is seasonably filed, a decision or
resolution
of a Division shall become final and executory after the lapse of five
(5) days in Special actions and Special cases and after fifteen (15)
days
in all other actions or proceedings, following its promulgation.chanrobles virtual law library
Rule
19 - Motions for Reconsideration
Section
1. Grounds of Motion for Reconsideration. - A motion for
reconsideration
may be filed on the grounds that the evidence is insufficient to
justify
the decision, order or ruling; or that the said decision, order or
ruling
is contrary to law.chanrobles virtual law library
Sec. 2.
Period for Filing Motions for Reconsideration. - A motion to
reconsider
a decision, resolution, order, or ruling of a Division shall be filed
within
five (5) days from the promulgation thereof. Such motion, if not
proforma,
suspends the execution or implementation of the decision, resolution,
order
or ruling.chanrobles virtual law library
Sec. 3.
Form and Contents of Motion for Reconsideration. - The motion
shall
be verified and shall point out specifically the findings or
conclusions
of the decision, resolution, order or ruling which are not supported by
the evidence or which are contrary to law, making express reference to
the testimonial or documentary evidence or the provisions of law
alleged
to be contrary to such findings or conclusions.chanrobles virtual law library
Sec. 4.
Effect of Motion for Reconsideration on Period to Appeal. - A
motion
to reconsider a decision, resolution, order or ruling when not
pro-forma,
suspends the running of the period to elevate the matter to the Supreme
Court.chanrobles virtual law library
Sec. 5.
How Motion for Reconsideration Disposed Of. - Upon the filing of a
motion to reconsider a decision, resolution, order or ruling of a
Division,
the Clerk of Court concerned shall, within twenty-four (24) hours from
the filing thereof, notify the Presiding Commissioner. The latter shall
within two (2) days thereafter certify the case to the Commission en
banc.chanrobles virtual law library
Sec. 6.
Duty of Clerk of Court of Commission to Calendar Motion for
Resolution.
- The Clerk of Court concerned shall calendar the motion for
reconsideration
for the resolution of the Commission en banc within ten (10) days from
the certification thereof.chanrobles virtual law library
PART
VPARTICULAR
ACTIONS OR PROCEEDINGSA.
ORDINARY ACTIONSRule
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.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 2.
Contents of Answer. - The answer must specify the nature of the
defense and may set forth special and affirmative defenses.chanrobles virtual law library
Sec. 3.
Counter-Protest or Counterclaim. - The protestee may incorporate
in his answer a counter-protest or a counterclaim.chanrobles virtual law library
Sec. 4.
General Denial. - If no answer is filed to the protest or
counter-protest,
a general denial shall be deemed to have been entered.chanrobles virtual law library
Sec. 5.
Protestant's Reply. - The protestant may file a reply.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Rule
21 - Quo warranto
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 2.
Attorneys. - The attorneys of the parties in the courts shall be
considered as their respective attorneys in the Commission, unless
otherwise
manifested.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 7.
Reply Brief. - The appellant may file a reply brief within
twenty
(20) days from receipt of appellee's brief.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
B.
SPECIAL ACTIONS
Rule
23 - Petition to Deny Due Course to or Cancel
Certificates
of Candidacy
Section
1. Grounds for Denial of Certificate of Candidacy. - A petition
to deny due course to or cancel a certificate of candidacy for any
elective
office may be filed with the Law Department of the Commission by any
citizen
of voting age or a duly registered political party, organization, or
coalition
or political parties on the exclusive ground that any material
representation
contained therein as required by law is false.chanrobles virtual law library
Sec. 2.
Period to File Petition. - The petition must be filed within
five
(5) days following the last day for the filing of certificate of
candidacy.chanrobles virtual law library
Sec. 3.
Summary Proceeding. - The petition shall be heard summarily
after
due notice.chanrobles virtual law library
Sec. 4.
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.chanrobles virtual law library
Rule
24 - Proceedings Against Nuisance
Candidates
Section
1. Grounds. - Any candidate for any elective office who filed
his
certificate of candidacy to put the election process in mockery or
disrepute
or to cause confusion among the voters by the similarity of the names
of
the registered candidates or who by other acts or circumstances is
clearly
demonstrated to have no bona fide intention to run for the office for
which
the certificate of candidacy has been filed, thus preventing a faithful
determination of the true will of the electorate, may be declared a
nuisance
candidate and his certificate of candidacy may be denied due course or
may be cancelled.chanrobles virtual law library
Sec. 2.
Who May File Petition to Declare a Candidate as Nuisance Candidate.
- Any registered candidate for the same elective office may file with
the
Law Department of the Commission a petition to declare a candidate as a
nuisance candidate.chanrobles virtual law library
The Commission
may, at any time before the election, motu proprio refuse to give due
course
to or cancel a Certificate of Candidacy of any candidate on any of the
grounds enumerated under Section 1 of this Rule or when the substitute
Certificate of Candidacy is not a proper case of substitution under
Section
77 of the Omnibus
Election Code.chanrobles virtual law library
Sec. 3.
Period to File the Petition. - The petition shall be filed
personally
or through an authorized representative, within five (5) days from the
last day for the filing of certificates of candidacy.chanrobles virtual law library
Sec. 4.
Summary Proceeding. - The petition shall be heard summarily after
due
notice.chanrobles virtual law library
Sec. 5.
Delegation of Reception of Evidence. - The hearing and
reception
of evidence may be delegated in like manner as provided in Sec. 4 of
the
preceding Rule.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 4.
Summary Proceeding. - The petition shall be heard summarily
after
due notice.chanrobles virtual law library
Sec. 5.
Effect of Petition if Unresolved Before Completion of
Canvass.chanrobles virtual law library
- 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.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 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 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 6.
Summary Proceeding. - The hearing of the case shall be summary
in
nature.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 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;
(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.chanrobles virtual law library
(e)
Correction
of manifest errors.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
(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.chanrobles virtual law library
(d) The
Clerk of Court concerned shall immediately set the petition for hearing.chanrobles virtual law library
(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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
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.chanrobles virtual law library
No dilatory
action shall be allowed by the board of canvassers which may impose
time
limits for oral argument.chanrobles virtual law library
(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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
(b) The
order for correction must be made in writing and must be promulgated.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(e) The
appeal must implead as respondents the Board of Canvassers concerned
and
all parties who may be adversely affected thereby.chanrobles virtual law library
(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.chanrobles virtual law library
(g) The
Clerk of Court concerned shall immediately set the appeal for hearing.chanrobles virtual law library
(h) The
appeal shall be heard and decided by the Commission en banc.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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 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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
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.chanrobles virtual law library
(b) The
appeal filed with the Commission shall be docketed by the Clerk of
Court
concerned.chanrobles virtual law library
(c) The
answer/opposition shall be verified.chanrobles virtual law library
(d) The
Division to which the case is assigned shall immediately set the case
for
hearing.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
Sec. 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.chanrobles virtual law library
Sec. 12.
Submission of the Minutes of the Proceedings of the
Board.chanrobles virtual law library
- 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.chanrobles virtual law library
D.
SPECIAL RELIEFS
Rule
28 - Certiorari, Prohibition and
Mandamus
Sec. 1.
When Available. - In aid of its appellate jurisdiction in
election
cases before courts of general jurisdiction relating to the elections,
returns and qualifications of elective Municipal officials, and before
courts of limited jurisdiction in cases relating to the elections,
returns
and qualifications of elective barangay officials, the Commission en
banc
may hear and decide petitions for certiorari, prohibition or mandamus.chanrobles virtual law library
Sec. 2.
Petition for Certiorari or Prohibition. - When any court or
judge
hearing election cases has acted without or in excess of its or his
jurisdiction
or with grave abuse of discretion and there is no appeal, nor any
plain,
speedy, and adequate remedy in the ordinary course of law, a person
aggrieved
thereby may file a petition for certiorari or prohibition with the
Commission
alleging the facts with certainty and praying that judgment be rendered
annulling or modifying the proceedings, as the law requires, of such
court
or judge, or commanding it or him to desist from further proceeding
with
the action or matter specified therein, as the case may be.chanrobles virtual law library
The petition
shall be accompanied by a certified true copy of the judgment or order
subject thereof, together with all pleadings and documents relevant and
pertinent thereto.chanrobles virtual law library
Sec. 3.
Petition for Mandamus. - When a court or judge in an election
case
unlawfully neglects the performance of an act which the law
specifically
enjoins as a duty resulting from his office in relation to such case
and
there is no other plain, speedy and adequate remedy in the ordinary
course
of law, the person aggrieved thereby may file a petition with the
Commission
alleging the facts with certainty and praying that judgment be rendered
commanding the respondent immediately or at some other specified time
to
do the act required to be done to protect the rights of the petitioner
and to pay the damages sustained by the petitioner by reason of the
acts
complained of.chanrobles virtual law library
Sec. 4.
Duty of Clerk of Court of the Commission. - Upon the filing of
the
petition, the Clerk of Court concerned shall calendar the case for en
banc
ex-parte hearing of the Commission to determine if it is sufficient in
form and substance.chanrobles virtual law library
Sec. 5.
Order to Answer. - If the Commission en banc shall determine
that
the petition is sufficient in form and substance, it shall issue an
order
requiring the respondent to answer the petition within ten (10) days
from
receipt of a copy thereof. Such order shall be served on the respondent
in such manner as the Commission may direct, together with a copy of
the
petition.chanrobles virtual law library
Sec. 6.
Proceedings After Answer. - Once an answer is filed, or the time
for its filing has expired, the Commission may order the proceedings
complained
of to be forthwith certified for review and shall hear the case, and if
after such hearing the Commission finds that the allegations are true,
it shall render judgment for such relief prayed as the petitioner is
entitled
to, with or without costs, as justice requires.chanrobles virtual law library
Rule
29 - Contempt
Section
1. Direct Contempt Punished Summarily. - A person guilty of
misbehavior
in the presence of or so near the Commission or any of its Divisions as
to obstruct or interrupt the proceedings before it or them, including
disrespect
toward the Commission or Division, offensive personalities toward
others
or refusal to be sworn or to answer as a witness, or to subscribe to an
affidavit or deposition when lawfully required to do so, may be
summarily
adjudged in direct contempt by the Commission or any of its Division
and
punished by a fine not exceeding two hundred (P200.00) pesos or
imprisonment
not exceeding ten (10) days, or both, at the discretion of the
Commission
or Division.chanrobles virtual law library
Sec. 2.
Indirect Contempt. - After charge in writing has been filed
with
the Commission or Division, as the case may be, and an opportunity
given
to the respondent to be heard by himself or counsel, a person guilty of
the following acts may be punished for indirect contempt:
(a)
Misbehavior
of the responsible officer of the Commission in the performance of his
official duties or in his official transactions;
(b)
Disobedience
of or resistance to a lawful writ, process, order, judgment or command
of the Commission or any of its Divisions, or injunction or restraining
order granted by it;
(c)
Any
abuse of or any unlawful interference with the process or proceedings
of
the Commission or any of its Divisions not constituting direct contempt
under Section 1 of this Rules;
(d)
Any
improper conduct tending, directly or indirectly, to impede, obstruct,
or degrade the administration of justice by the Commission or any of
its
Divisions;
(e)
Assuming
to be an attorney and acting as such without authority; and
(f)
Failure
to obey a subpoena duly served.chanrobles virtual law library
Sec. 3.
Penalty for Indirect Contempt. - If adjudged guilt, the accused may
be punished by a fine not exceeding one thousand (P1,000.00) pesos or
imprisonment
for not more than six (6) months, or both, at the discretion of the
Commission
or Division.chanrobles virtual law library
Sec. 4.
Warrant of Arrest on a Witness Who Fails to Attend. - Any
provision
of these Rules to the contrary notwithstanding, in case of failure of a
witness to attend despite the issuance of a valid subpoena, the
Commission
or any of its Divisions, upon proof of service of the subpoena to said
witness, may issue a warrant of arrest against said witness and direct
that he be brought before the Commission or any of its Divisions where
his attendance is required.chanrobles virtual law library
E.
PROVISIONAL REMEDIES
Rule
30 - Injunction
Section
1. Preliminary Injunction. - The Commission or any of its
Divisions
may grant preliminary injunction in any ordinary action, special
action,
special case, or special relief pending before it.chanrobles virtual law library
Sec. 2.
Grounds for Issuance of Preliminary Injunction. - A preliminary
injunction may be granted at any time after the commencement of an
action
or proceeding and before judgment when it is established that:
(a) The
petitioner or protestant is entitled to the relief demanded and the
whole
or part of such relief consists in restraining the commission or
continuance
of the acts complained of, or in the performance of an act or acts,
either
for a limited period or perpetually;
(b)
The
commission or continuance of some act complained of during the pendency
of the action or the non-performance thereof would work injustice to
the
petitioner or protestant;
(c)
The
respondent or protestee is doing, threatens, or is about to do, or is
procuring
to be done, some act in violation of petitioner's/protestant's rights
respecting
the subject of the action, and tending to render the judgment
ineffectual.chanrobles virtual law library
Sec. 3.
Grant of Injunction Discretionary. - The grant of the preliminary
injunction
is entirely left to the sound discretion of the Commission or its
Divisions.chanrobles virtual law library
Sec. 4.
Bond for Preliminary Injunction. - No writ of preliminary
injunction
shall be issued unless the applicant shall file a bond, in an amount to
be fixed by the Commission or the Division concerned, to the effect
that
the petitioner/protestant will pay to such party all damages which the
latter may sustain by reason of the injunction if the Commission or the
Division concerned shall finally decide that the petitioner/protestant
was not entitled thereto.chanrobles virtual law library
Sec. 5.
Preliminary Injunction Not Granted Without Notice; Issuance of
Restraining
Order. - No preliminary injunction shall be granted without notice
to the adverse party. If it shall appear from the facts shown by
affidavits
or the verified petition that great or irreparable injury would result
to the applicant before the matter can be heard on notice, the
Commission
or any Division to which the application for preliminary injunction was
made, may issue a restraining order to be effective only for a period
of
twenty (20) days from date of its issuance. Within the said twenty-day
period, the Commission or the Division as the case may be, must cause
an
order to be served on the respondent requiring him to show cause, at a
specified time and place, why the injunction should not be granted, and
determine within the same period whether or not the preliminary
injunction
shall be granted and shall accordingly issue the corresponding order.
In
the event that the application for preliminary injunction is denied,
the
restraining order is deemed automatically vacated.chanrobles virtual law library
F.
SPECIAL PROCEEDINGS
Rule
31 - Annulment of Permanent
List
of Voters
Section
1. Grounds. - Any book of voters not prepared in accordance
with
the provisions of law, or the preparation of which has been effected
with
fraud, bribery, forgery, impersonation, intimidation, force, or any
other
similar irregularity, or which list is statistically improbable, may be
annulled by the Commission.chanrobles virtual law library
Sec. 2.
Petition to Annul. - Any voter, election registrar, or duly
registered
political party, organization or coalition of political parties may
file
with the Law Department of the Commission a petition to annul a
permanent
list of voters.chanrobles virtual law library
Sec. 3.
Notice of Hearing. - Within three days from the filing of the
petition,
the Clerk of Court concerned shall make a report of the petition of the
Commission which shall determine either to give it due course or to
deny
the same. If the Commission shall decide to give it due course, an
Order
to that effect, fixing the date of hearing, shall be published in a
newspaper
of general circulation in the province or city concerned once a week
for
two consecutive weeks, the last of which shall not be less than ten
days
prior to the date of hearing. Copies of the order shall likewise be
furnished
to all registered political parties, organization or coalition or
political
parties in the province or city concerned. Expenses for the publication
and notices shall be borne by the petitioner, which as preliminary
estimated,
shall be deposited with the Commission. If the petitioner is an
Election
Registrar the expenses for publication shall be borne by the Commission.chanrobles virtual law library
Sec. 4.
Time to File Opposition. - On or before the date set for the
hearing,
any interested party may file a verified opposition to the petition.chanrobles virtual law library
Sec. 5.
Summary Proceedings. - The petition may be heard summarily.chanrobles virtual law library
Sec. 6.
Delegation of Hearing and Reception of Evidence. - The hearing
and
reception of evidence may be delegated by the Commission to any of its
officials who are members of the Philippine Bar.chanrobles virtual law library
Sec. 7.
Prohibition of Execution of Decision. - Any provision of these
Rules
to the contrary notwithstanding, a decision to annul a book of voters
shall
not be executed within sixty (60) days before an election.chanrobles virtual law library
Rule
32 - Registration of Political
Parties
or Organization
Section
1. Petition for Registration. - Any political party,
organization
or coalition of political parties seeking registration pursuant to
Section
2 (5), Subdivision C of Article IX of the Constitution shall file with
the Law Department of the Commission a petition duly verified by its
President
and Secretary -General, or any official duly authorized to do so under
its Constitution and By-laws;
Sec. 2.
Contents of Petition. - The petition for registration shall
state
the following:
(1) Full
name of the political party, organization or coalition of political
parties;
(2)
The
principal headquarters and post office address for election purposes,
including
its branches and divisions, if any;
(3)
The
date and place of its organization;
(4)
The
date and manner of election or selection of its officers;
(5)
The
names and addresses of its organizers and officers, Executive Committee
members, Directorate, or Party Convention delegates, if any;
(6)
The
extent of its constituency;
(7)
Its
program of government;
(8)
That
it is not a religious sect or denomination;
(9)
That
it shall not pursue its goals through violence or other unlawful means;
(10)
That
it shall uphold and adhere to the Constitution and shall obey all laws
and legal orders promulgated by duly constituted authorities;
(11)
That
it is not supported by, nor does it accept financial contribution from
any foreign government or their agencies; and
(12)
Other
information that may be material and relevant to the petition.chanrobles virtual law library
Sec. 3. Other
Requirements. - The petitioner shall attach to the petition for
registration
ten (10) copies of its constitution and by-laws, party platform,
organizational
papers, declarations of political creed or code of political ethics and
such other documents of similar or equivalent character.chanrobles virtual law library
Sec. 4.
Verification. - Before taking action on the petition, the
Commission
shall first verify, through its filed offices, the status and capacity
of the petitioner and the veracity of the allegations in the petition
and
its enclosures. Not later than fifteen (15) days from notice of the
Commission's
instruction, the field office concerned shall submit its written
report,
in ten (10) copies, together with supporting documents or records, if
any.chanrobles virtual law library
Sec. 5.
Notice of Hearing. - Upon receipt of the reports from its field
offices, the Commission shall immediately set the petition for hearing
and shall send notices to the petitioner and other parties concerned.chanrobles virtual law library
Sec. 6.
Publication of Petition and notice of Hearing. - On the day
following
the receipt of the notice of hearing, the petitioner shall cause the
publication
of the petition, together with the notice of hearing, in three (3)
daily
newspaper of general circulation, notifying in writing the Commission
of
such action.chanrobles virtual law library
Sec. 7.
Certificate of Registration. - A certificate of registration
shall
be issued by the Commission upon approval of the petition, which shall
be displayed in the main office and in all chapters of the petitioner.chanrobles virtual law library
Sec. 8.
Cancellation of Registration. - Upon verified complaint of any
interested
party, or motu proprio by the Commission, the registration of any
political
party, coalition of political parties or organization under the
party-list
system may be cancelled after due notice and hearing on the following
grounds:
a)
Acceptance
by the political party, coalition of political parties, or
organizations
or any of its candidates, of financial contributions from foreign
governments
and/or their agencies for activities related to elections;
b)
Violation
of laws, rules or regulations relating to elections, plebiscites,
referenda,
or initiative;
c)
Untruthful
statements in its petition for registration;
d) The
said
political party, coalition of political parties or organization has
become
a religious sect or denomination, is pursuing its goals thru violence
or
other unlawful means, is refusing to adhere to or uphold the
Constitution
of the Philippines, or is receiving support from any foreign
government,
and
e)
Failure
to comply with applicable laws, rules or regulations of the Commission.chanrobles virtual law library
f)
Failure
to field official candidates in the last two proceeding elections or
failure
of their candidates to obtain at least five (5) per centum of the votes
cast in the last two preceding elections.chanrobles virtual law library
Rule
33 - Accreditation of Citizens' Arms
of
the Commission
Sec. 1.
Who May Be Accredited as Citizens' Arms of the Commission. -
Any
bona fide non partisan group, association or organization from the
civic,
youth, professional, educational, business or labor sectors with
indentifiable
leadership, membership and structure, and with demonstrated capacity to
promote the public interest and assist the Commission in the
performance
of its functions and activities as mandated by the Constitution and by
law, may be accredited as citizens' arms of the Commission.chanrobles virtual law library
Sec. 2.
Petition to be Accredited. - The group, association or
organization
mentioned in Section 1 hereof may file a petition for accreditation
duly
verified by its President, Chairman of the Board of Directors, or any
of
its duly authorized officer.chanrobles virtual law library
Sec. 3.
Contents of the Petition. - The petition shall state the
following:
(a) The
constituency to which petitioner seeks accreditation;
(b)
That
it is not supporting any candidate, political party, organization or
coalition
of political parties, in the constituency where it seeks accreditation;
(c)
Nature
of its membership (whether civic, youth etc.); names of its officers or
organizers, location of principal office or place of business and an
assurance
of its capability to undertake a coordinated operation and activity to
assist the Commission;
(d)
That
it shall submit itself to the direct and immediate control and
supervision
and comply with the orders of the Commission in the performance of its
specific functions and activities provided by law, and such other
functions
and activities provided by law, and such other functions and activities
which the Commission may assign;
(e)
That
it shall strictly remain non-partisan and impartial during the
registration
and election periods;
(f)
That
it is not supported by or under the influence of any foreign government
or any of its agencies or instrumentalities; or of any foreigner,
whether
natural or juridical person;
(g)
That
it shall not solicit or receive, directly or indirectly, any
contribution
or aid of whatever form or nature from any foreign government, or any
of
its agencies or instrumentalities, or from any foreigner, a natural or
juridical person;
(h)
That
it does not seek to achieve its objectives, goals or programs through
violence
or other unlawful means, nor aim to propagate any ideology opposed to
the
principles of a republican and democratic government; and
(i)
That
it undertakes to police its ranks and prevent infiltration by persons
or
groups of persons who may, directly or indirectly, destroy its
character
of non-partisanship and impartially.chanrobles virtual law library
Sec. 4. Notice
of Hearing. - Upon the filing of the petition, the Commission en
banc
shall immediately set it for hearing. The Commission may, if it deems
necessary,
order the publication of the petition in a newspaper of general
circulation
at the expense of the petitioner.chanrobles virtual law library
Sec. 5.
Opposition. - Any person, group, association or organization,
political
party or coalition of political parties possessing relevant information
or evidence against the petitioner may oppose its accreditation by
filing
a verified opposition.chanrobles virtual law library
Notwithstanding
the absence of any opposition, the Commission may motu proprio require
the petitioner to present evidence to support its petition.chanrobles virtual law library
Sec. 6.
Decision. - The decision of the Commission granting the
petition
may provide conditions to be strictly complied with by the petitioner.chanrobles virtual law library
Sec. 7.
Certificate of Accreditation. - If the decision is for the
accreditation
of the petitioner, the Commission shall issue a certificate of
accreditation
containing the following:
(a) The
name of the group or organization;
(b)
The
constituency to which it is accredited; and
(c)
The
political exercise for which it is accredited.chanrobles virtual law library
Sec. 8. Submission
of Names and Addresses of Local
Representatives.chanrobles virtual law library-
After its accreditation, the petitioner shall submit to the Election
Registrars
in the constituency where it is accredited, the names and addresses of
its local representatives who shall act as non-partisan watchers and
substitute
watchers therein during the entire electoral exercise.chanrobles virtual law library
Sec. 9.
Appointment of Watchers by Election Registrars. - Unless the
impartiality
or non-partisanship of the members concerned is questioned in writing,
the Election Registrar shall extend the corresponding appointments to
such
members as poll watchers stating therein the precincts to which they
are
assigned. The members so appointed shall have the same duties,
functions,
and rights as watchers of registered political parties, organization or
coalition of political parties.chanrobles virtual law library
Sec. 10.
Revocation of Accreditation. - The accreditation of any group,
association
or organization as Citizens' Army may be revoked by the Commission
after
notice and hearing, whenever it shows or acts with partiality in any
political
issue or to any political party, organization or coalition of political
parties, or has performed acts in excess of its duties and functions as
provided by law, or has failed to comply with the conditions imposed
upon
it in the decision granting accreditation.chanrobles virtual law library
Sec. 11.
Expiration of Accreditation. - The accreditation shall
automatically
lapse at the end of the election period of the political exercise for
which
the petitioner was accredited as citizens' arm.chanrobles virtual law library
G.
ELECTION OFFENSES
Rule
34 - Prosecution of Election Offenses
Section
1. Authority of the Commission to Prosecute Election
Offenses.chanrobles virtual law library-
The Commission shall have the exclusive power to conduct preliminary
investigation
of all election offenses punishable under the election laws and to
prosecute
the same, except as may otherwise be provided by law.chanrobles virtual law library
Sec. 2.
Continuing Delegation of Authority to Other Prosecution Arms of the
Government. - The Chief State Prosecutor, all Provincial and City
Fiscals,
and/or their respective assistants are hereby given continuing
authority,
as deputies of the Commission, to conduct preliminary investigation of
complaints involving election offenses under the election laws which
may
be filed directly with them, or which may be indorsed to them by the
Commission
or its duly authorized representatives and to prosecute the same. Such
authority may be revoked or withdrawn any time by the Commission
whenever
in its judgment such revocation or withdrawal is necessary to protect
the
integrity of the Commission, promote the common good, or when it
believes
that successful prosecution of the case can be done by the Commission.chanrobles virtual law library
Sec. 3.
Initiation of Complaint. - Initiation of complaint for election
offenses may be done motu proprio by the Commission, or upon written
complaint
by any citizen of the Philippines, candidate, registered political
party,
coalition of political parties or organizations under the partylist
system
or any accredited citizens arms of the Commission.chanrobles virtual law library
Sec. 4.
Form of Complaint and Where to File. - (a) When not initiated motu
proprio by the Commission, the complaint must be verified and supported
by affidavits and/or any other evidence. Motu proprio complaints may be
signed by the Chairman of the Commission, or the Director of the Law
Department
upon direction of the Chairman, and need not be verified;
(b) The
complaint shall be filed with the Law Department of the Commission; or
with the offices of the Election Registrars, Provincial Election
Supervisors
or Regional Election Directors, or the State Prosecutor, Provincial
Fiscal
or City Fiscal. If filed with any of the latter three (3) officials,
investigation
thereof may be delegated to any of their assistants.chanrobles virtual law library
(c) If filed
with the Regional Election Directors or Provincial Election
Supervisors,
said officials shall immediately furnish the Director of the Law
Department
a copy of the complaint and the supporting documents, and inform the
latter
of the action taken thereon.chanrobles virtual law library
Sec. 5.
Referral for Preliminary Investigation. - if the complaint is
initiated
motu proprio by the Commission, or is filed with the Commission by any
aggrieved party, it shall be referred to the Law Department for
investigation.
Upon direction of the Chairman of the Commission, the preliminary
investigation
may be delegated to any lawyer of said Department, or to any of the
Regional
Election Directors or Provincial Election Supervisors, or any lawyer of
the Commission
Sec. 6.
Conduct of Preliminary Investigation. - (a) If on the basis of
the
complaint, affidavits and the supporting evidence, the investigating
officer
finds no ground to continue with the inquiry, he shall recommend the
dismissal
of the complaint and shall follow the procedure prescribed in Section
8(c)
of this Rule. Otherwise, he shall issue a subpoena to the respondent,
attaching
thereto a copy of the complaint, affidavits and other supporting
documents
giving said respondent ten (10) days from receipt within which to
submit
counter-affidavits and other supporting documents. The respondent shall
have the right to examine all other evidence submitted by the
complainant.chanrobles virtual law library
(b) Such
counter-affidavits and other supporting evidence submitted by the
respondent
shall be furnished by him to the complainant.chanrobles virtual law library
(c) If the
respondent cannot be subpoenaed, or if subpoenaed, doe not submit
counter-affidavits
within the ten day period, the investigating officer shall base his
resolution
on the evidence presented by the complainant.chanrobles virtual law library
(d) If the
investigating officer believes that there are matters to be clarified,
he may set a hearing to propound clarificatory questions to the parties
or their witnesses, during which the parties shall be afforded an
opportunity
to be present but without the right to examine or cross-examine. If the
parties so desire, they may submit questions to the investigating
officer
which the latter may propound to the parties or witnesses concerned.chanrobles virtual law library
(e) Thereafter,
the investigation shall be deemed concluded, and the investigating
officer
shall resolve the case within ten (10) days therefrom. Upon the
evidence
thus adduced, the investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for trial.chanrobles virtual law library
Sec. 7.
Presumption of Existence of Probable Cause. - A complaint
initiated
motu propio by the Commission is presumed to be based on sufficient
probable
cause and the investigating officer must forthwith issue the subpoena
mentioned
in the immediately preceding section.chanrobles virtual law library
Sec. 8.
Duty of Investigating Officer. - The preliminary investigation
must
be terminated within twenty (20) days after receipt of the
counter-affidavits
and other evidence of the respondents, and resolution thereof shall be
made within five (5) days thereafter.chanrobles virtual law library
(a) If
the investigating officer finds no cause to hold the respondent for
trial,
he shall recommend dismissal of the complaint.chanrobles virtual law library
(b) If
the
investigating officer finds cause to hold the respondent for trial, he
shall prepare the resolution, and the corresponding information wherein
he shall certify under oath that he has examined the complainant and
his
witnesses, that there is reasonable ground to believe that a crime has
been committed and that the accused was informed of the complaint and
of
the evidence submitted against him and that he was given an opportunity
to submit controverting evidence.chanrobles virtual law library
(c) In
either
case, the investigating officer shall, within five (5) days from the
rendition
of his recommendation, forward the records of the case to:
1) The
Director of the Law Department of the Commission in cases investigated
by any of the Commission lawyers or filed personnel, and
2)
The State
Prosecutor, Provincial Fiscal or City Fiscal, as the case may be,
pursuant
to the continuing authority provided for in Section 2 of this Rule.chanrobles virtual law library
Sec. 9. Duty
of the Law Department, State Prosecutor, Provincial or City Fiscal Upon
Receipt of Records. - (a) Within ten (10) days from receipt of the
records stated in paragraph (c) of the immediately preceding section,
the
State Prosecutor, Provincial or City Fiscal shall take appropriate
action
thereon, immediately informing the parties of said action.chanrobles virtual law library
(b) In cases
investigated by the lawyers or the field personnel of the Commission,
the
Director of the Law Department shall review and evaluate the
recommendation
of said legal officer, prepare a report and make a recommendation to
the
Commission affirming, modifying or reversing the same shall be included
in the agenda of the succeeding meeting en banc of the Commission. If
the
Commission approves the filing of an information in court against the
respondent/s,
the Director of the Law Department shall prepare and sign the
information
for immediate filing with the appropriate court.chanrobles virtual law library
(c) In all
other cases, if the recommendation to dismiss or the resolution to file
the case in court is approved by State Prosecutor, Provincial or City
Fiscal,
they shall likewise approve the Information prepared and immediately
cause
its filing with the proper court.chanrobles virtual law library
(d) If the
recommendation to dismiss is reversed on the ground that a probable
cause
exists, the State Prosecutor, or the Provincial or City Fiscal, may, by
himself prepare and file the corresponding information against the
respondent
or direct any of his assistants to do so without conducting another
preliminary
investigation.chanrobles virtual law library
Sec. 10.
Appeals from the Action of the State Prosecution, Provincial or City
Fiscal. - Appeals from the resolution of the State Prosecutor, or
Provincial
or City Fiscal on the recommendation or resolution of investigating
officers
may be made only to the Commission within ten (10) days from receipt of
the resolution of said officials, provided, however that this shall not
divest the Commission of its power to motu proprio review, revise,
modify
or reverse the resolution of the chief state prosecutor and/or
provincial/city
prosecutors. The decision of the Commission on said appeals shall be
immediately
executory and final.chanrobles virtual law library
Sec. 11.
Duty of State Prosecutor, Provincial or City Fiscal to Render Reports.
- The State Prosecutor, Provincial or City Fiscal shall, within five
(5)
days from the rendition of their resolution on recommendation or
resolution
of investigating officers, make a written report thereof to the
Commission.
They shall likewise submit a monthly report on the status of cases
filed
with and/or prosecuted by them or any of their assistants pursuant to
the
authority granted them under Section 2 of this Rule.chanrobles virtual law library
Sec. 12.
Private Prosecutor. - The appearance of a private prosecutor
shall
be allowed in cases where private rights involving recovery of civil
liability
are involved.chanrobles virtual law library
PART
VI
PROVISIONS
GOVERNING ELECTION CONTESTS AND
QUO
WARRANTO CASES BEFORE TRIAL COURT
Rule
35 - Election Contests Before Courts
of
General Jurisdiction.
Section
1. Original Jurisdiction of Regional Trial Courts. - Regional
trial
courts shall have exclusive original jurisdiction over contests
relating
to the elections, returns and qualifications involving elective
municipal
officials.chanrobles virtual law library
Sec. 2.
Filing of Election Contests. - A petition contesting the
election
of any municipal official shall be filed with the proper Regional Trial
Court or mailed at the post office as registered matter addressed to
said
Court, together with six (6) legible copies thereof, by any candidate
for
the same office who has duly filed a certificate of candidacy and who
was
voted in the election. Each contest shall refer exclusively to one
office,
but contests for offices of the Sangguniang Bayan may be consolidated
in
one case.chanrobles virtual law library
Sec. 3.
Period to File Petition. - The petition shall be filed within ten
(10)
days following the date of proclamation of the results of the election.chanrobles virtual law library
Sec. 4.
Designation of Parties. - The party bringing the action shall be
designated as the Protestant, and the party against whom the action is
brought shall be designated as the Protestee.chanrobles virtual law library
Sec. 5.
Duty of Clerk of Court to Issue Notice and Serve Copy of Petition.
- It shall be the duty of the Clerk of Court of the trial court to
serve
notice and a copy of the petition by means of summons upon each
respondent
within five (5) days after the filing thereof.chanrobles virtual law library
Sec. 6.
Petition to be Verified. - All petitions shall be verified by the
parties
filing them or their attorneys.chanrobles virtual law library
Any subsequent
pleading based on facts which ought to be proved shall likewise be
verified.chanrobles virtual law library
Sec. 7.
Answer, Reply, Counter-Protest and Protest in
Intervention.chanrobles virtual law library-
(a) Within five (5) days after receipt of notice of the filing of the
petition
and a copy of the petition, the respondent shall file his answer
thereto
specifying the nature of his defense, and serve a copy thereof upon the
protestant. The answer shall deal only with the election in the
precincts
which are covered by the allegations of the protest.chanrobles virtual law library
(b) Should
the protestee desire to impugn the votes received by the protestant in
other precincts, he shall file a counter-protest within the same period
fixed for the filing of the answer, serving a copy thereof upon the
protestant
by registered mail or by personal delivery. In such a case, the
counter-protest
shall be verified.chanrobles virtual law library
(c) The
protestant shall answer the counter-protest within five (5) days after
notice.chanrobles virtual law library
(d) Within
five (5) days from the filing of the protest, any other candidate for
the
same office may intervene in the case as other contestants and ask for
affirmative relief in his favor by a verified petition in intervention,
which shall be substantiated within the same proceeding. The protestant
or protestee shall answer the protest-in-intervention within five (5)
days
after notice.chanrobles virtual law library
(e) If no
answer shall be filed to the protest, counter-protest or
protest-in-intervention
within the time limits respectively fixed, a general denial shall be
deemed
to have been entered.chanrobles virtual law library
Sec. 8.
Substantial and Formal Amendments of Pleadings. - After the case is
set for hearing, no amendment to any pleading affecting the merits of
the
controversy shall be allowed except by leave of Court and only upon
such
grounds as will serve public interest. But such leave may be refused if
it appears to the court that the motion to amend was made with intent
to
delay the action. Any amendment in matters of from may be permitted at
any stage of the proceedings.chanrobles virtual law library
Sec. 9.
Filing Fee. - No protest, counter-protest, or
protest-in-intervention
shall be given due course without the payment of a filing fee in the
amount
of three hundred pesos (P300.00) for each interest.chanrobles virtual law library
Each interest
shall further pay the legal research fee as required by law.chanrobles virtual law library
If a claim
for damages and attorney's fees are set forth in a protest,
counter-protest
or protest-in-intervention, an additional filing fee shall be paid in
accordance
with the schedule provided for in the Rules of Court in the Philippines.chanrobles virtual law library
Sec. 10.
Cash Deposit. - (a) In any protest, counter-protest or
protest-in-intervention
not requiring ballot revision, the protestant, the counter-protestant,
or intervenor, as the case may be, shall upon the payment of the filing
fee, make a cash deposit in the amount of five hundred pesos (P500.00)
which shall be applied to the payment of all expenses incidental to
such
protest, counter-protest or protest-in-intervention. When circumstances
so warrant, additional cash deposits may be required. Any unused
balance
thereof shall be returned to the party making the deposit.chanrobles virtual law library
(b) In case
revision of ballots is required, there shall be deposited, within ten
days
after being required by the Court, the sum of three hundred pesos
(P300.00)
for every ballot box for the consumption of revisors at the rate of
P100.00
each.chanrobles virtual law library
(c) Failure
to make the cash deposits herein provided within the prescribed time
limit
shall result in the automatic dismissal of the protest, counter-protest
or protest-in-intervention, as the case may be.chanrobles virtual law library
(d) In case
the party who has paid the expenses and costs wins, the court shall
assess,
levy and collect the same as costs from the losing party.chanrobles virtual law library
Sec. 11.
Presentation and Reception of Evidence. - The presentation and
reception
of evidence in election contests shall be made in accordance with
Section
2 of Rule 17 of these Rules, but the same shall be completed within
thirty
(30) days from the date of the commencement thereof.chanrobles virtual law library
Sec. 12.
Custody of Ballot Boxes, Election Documents and Paraphernalia. -
Where allegations in a protests, or counter-protest or
protest-in-intervention
so warrant, or whenever in the opinion of the Court the interest of
justice
so demands, it shall immediately order the ballot boxes containing
ballots
and their keys, list of voters with voting records, books of voters,
and
other documents used in the election to be brought before it. Said
election
documents and paraphernalia shall be kept and held secure in a place to
be designated by the Court in the care and custody of the Clerk of
Court.chanrobles virtual law library
Sec. 13.
Revision of Ballots. - For the purpose of revision of ballots,
the
court shall appoint a committee composed of a chairman and two members,
one member and his substitute to be proposed by the protestant, and the
other member and his substitute by the protestee.chanrobles virtual law library
The revision
of the ballots by the Committee on revision shall be made in the office
of the Clerk of Court or at such other place as may be designated by
it,
but in every case under the Court's strict supervision.chanrobles virtual law library
The revision
of the ballots shall be completed within twenty (20) days from the date
of the order, unless otherwise directed by the Court, subject to the
time
limits prescribed under Sec. 11 and Sec. 17 of this Rule.chanrobles virtual law library
Sec. 14.
Book of Voters as Evidence. - The book of voters shall be
conclusive
evidence in regard to the question as to who has the right to vote in
said
election.chanrobles virtual law library
Sec. 15.
Report of the Committee on Revision. - The committee on revision
shall make a statement of the condition in which the ballot boxes and
their
contents were found upon the opening of the same, 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 it. Disputed ballots
shall
be numbered consecutively for purposes of identification in the
presence
and under the direction of the official designated by the Court. After
examination, the ballots and other election documents shall be returned
to their respective boxes, but disputed ballots shall be placed in a
separate
envelope duly sealed and signed by the members of the committee, after
which said envelope shall then be returned to the box. Thereafter, the
boxes shall be locked. For purposes of making the report which shall be
submitted in twelve (12) legible copies, the form prescribed by the
Commission
shall be followed.chanrobles virtual law library
Sec. 16.
Prohibited Access. - During the revision of ballots no person
other
than the Judge, the Clerk of Court, members of the committee on
revision
of ballots, the parties, their duly authorized representatives shall
have
access to the place where said revision is taking place.chanrobles virtual law library
Sec. 17.
Decision on the Contest. - The Court shall decide the election
contest
within thirty (30) days from the date it is submitted for decision, but
in every case within six (6) months after its filing and shall declare
who among the parties has been elected, or in a proper case, the none
of
them has been legally elected. The party who in the judgment has been
declared
elected shall have the right to assume the office as soon as the
judgment
becomes final.chanrobles virtual law library
In case
the Court finds that the protestant, protestee or intervenor shall have
an equal or highest number of votes, it shall order the drawing of lots
by those who have tied and shall proclaim as elected the party who may
be favored by luck, and the party so proclaimed shall have the right to
assume office in the same manner as if he had been elected by plurality
vote.chanrobles virtual law library
Sec. 18.
Damages and Attorney's Fees in Election Contests. - In all
election
contests, the court may adjudicate damages and attorney's fee as it may
deem just and as established by the evidence if the aggrieved party has
included such claims in his pleadings.chanrobles virtual law library
Sec. 19.
Promulgation and Finality of Decision. - The decision of the
Court
shall be promulgated on a date set by it of which due notice must be
given
the parties. It shall become final five (5) days after its
promulgation.
No motion for reconsideration shall be entertained.chanrobles virtual law library
Sec. 20.
Notice of Final Decision. - As soon as decision declaring the
election
of the winner becomes final, notice thereof shall be sent to the
Commission
on Elections, the Department of Local Government and the Commission on
Audit. If the decision be that none of the parties has been legally
elected,
the Clerk of Court shall certify such decision to the President of the
Philippines and to the Commission on Elections.chanrobles virtual law library
Sec. 21.
Appeal. - From any decision rendered by the court the aggrieved
party may appeal to the Commission on Elections within five (5) days
after
the promulgation of the decision.chanrobles virtual law library
Sec. 22.
Preferential Disposition of Contests. - The courts shall give
preference
to election contests over all other cases, except those of habeas
corpus.chanrobles virtual law library
Rule
36 - Quo Warranto Case Before Courts
of
General Jurisdiction
Section
1. Filing of Petition. - A voter contesting the election of any
municipal official on the ground of ineligibility or disloyalty to the
Republic of the Philippines may file a petition for quo warranto with
the
appropriate Regional Trial Court.chanrobles virtual law library
Sec. 2.
Designation of Parties. - The party filing the petition shall be
referred to as the Petitioner and the party against whom it is filed
shall
be known as the Respondent.chanrobles virtual law library
Sec. 3.
Period Within Which to File the Petition. - The petition shall
be
filed within ten (10) days after the proclamation of the results of the
election.chanrobles virtual law library
Sec. 4.
Petition to be Verified. - The petition shall be verified by the
party filing it or by his attorney. Any subsequent pleading based on
facts
which ought to be proved shall likewise be verified.chanrobles virtual law library
Sec. 5.
Filing Fee. - No petition for quo warranto shall be given due
course
without the payment of a filing fee in the amount of Three Hundred
Pesos
(P300.00) and the legal research fee as required by law.chanrobles virtual law library
Sec. 6.
Summons. - It shall be the duty of the Clerk of Court to serve
notice
and a copy of the petition by means of summons upon each respondent
within
five (5) days after the filing of the petition.chanrobles virtual law library
Sec. 7.
Answer. - Within five (5) days from receipt of the notice and a
copy of the petition, the respondent shall file his verified answer to
the petition.chanrobles virtual law library
Sec. 8.
Substantial and Formal Amendments of Pleadings. - The provision
of Section 8 of Rule 35 of these Rules shall apply in respect to
amendments
of pleadings.chanrobles virtual law library
Sec. 9.
Immediate Hearing; Presentation and Reception of
Evidence.chanrobles virtual law library
- Upon the joinder of issues, the Clerk of Court shall immediately set
the case for hearing.chanrobles virtual law library
The presentation
and reception of evidence shall be made in the manner prescribed in
Section
2 Rule 17 of these Rules.chanrobles virtual law library
Sec. 10.
Termination of Hearing. - The hearing shall be completed within
thirty (30) days from the date of the filing of the petition.chanrobles virtual law library
Sec. 11.
Decision. - The court shall decide the case within thirty (30) days
from the date it is submitted for decision, but in every case within
six
(6) months after its filing.chanrobles virtual law library
Sec. 12.
Promulgation and Finality of the Decision. - The decision of
the
court shall be promulgated on a date set by it of which due notice must
be given the parties. It shall become final five (5) days after its
promulgation.chanrobles virtual law library
No motion
for reconsideration shall be entertained.chanrobles virtual law library
Sec. 13.
Notice of Final Decision. - As soon as a decision becomes
final,
notice thereof shall be sent to the Commission on Elections, and the
Department
of Local Government. If the decision is adverse to the respondent,
notice
shall likewise be sent to the Commission on Audit.chanrobles virtual law library
Sec. 14.
Appeal. - From any decision rendered by the court, the aggrieved
party may appeal to the Commission on Elections, without five (5) days
after the promulgation of the decision.chanrobles virtual law library
Sec. 15.
Preferential Disposition of Quo Warranto Cases. - The courts
shall
give preference to quo warranto over all other cases, except those of
habeas
corpus.chanrobles virtual law library
PART
VII
ELEVATION
OF DECISIONS TO THE
SUPREME
COURT
Rule
37 - Review of Decisions of the Commission
Section
1. Petition for Certiorari; and Time to File. - Unless
otherwise
provided by law, or by any specific provisions in these Rules, any
decision,
order or ruling of the Commission may be brought to the Supreme Court
on
certiorari by the aggrieved party within thirty (30) days from its
promulgation.chanrobles virtual law library
Sec. 2.
Non-reviewable Decisions. - Decisions in appeals from courts of
general or limited jurisdiction in election cases relating to the
elections,
returns, and qualifications of municipal and barangay officials are not
appealable.chanrobles virtual law library
Sec. 3.
Decisions Final After Five Days. - Decisions in pre-proclamation
cases and petitions to deny due course to or cancel certificates of
candidacy,
to declare a candidate as nuisance candidate or to disqualify a
candidate,
and to postpone or suspend elections shall become final and executory
after
the lapse of five (5) days from their promulgation, unless restrained
by
the Supreme Court.chanrobles virtual law library
PART
VIII
GENERAL
PROVISIONS
Rule
38 - Clerk of Court and Deputy Clerk of
Court
of the Commission
Section
1. Clerk of Court. - (a) In Special Actions, Special Cases and
Special
Proceedings, the Director of the Law Department or his duly authorized
representative shall serve as the Clerk of Court of the Commission.chanrobles virtual law library
(b) In ordinary
Actions, and in Special Reliefs, the Director of the Electoral Contests
Adjudication Department shall serve as the Clerk of Court of the
Commission.chanrobles virtual law library
Sec. 2.
Duties of the Clerks of Court. - The Clerks of Court of the
Commission
shall, subject to the supervision of the Chairman of the Commission,
manage
for the Commission the proper hearing and disposition of all cases
within
their respective area of responsibility as stated in Section 1 hereof.
Each shall:
(a)
Receive
all pleadings and other documents properly presented, endorsing on each
such document the date when it was filed, and furnishing each Member a
copy thereof;
(b)
Keep
a judicial docket wherein shall be entered in chronological order the
cases
and the proceedings had thereon;
(c)
Prepare
the calendar of cases;
(d)
Attend
sessions of the Commission and enter in a minute book all proceedings
therein;
(e)
Issue
under his signature and the office seal, notices, orders and decisions
which are to be given due course, furnishing each Member copies thereof;
(f)
Execute
orders, resolutions, decisions and processes issued by the Commission;
(g)
Keep
a judgment book containing a copy of judgments rendered by the
Commission
in the order of their dates, and a book of entries of judgments
containing
at length in chronological order entries of all final judgments or
orders
of the Commission;
(h)
Keep
an account of the funds received and disbursed relative to the cases
when
so directed;
(i)
Keep
and secure all records, papers, files, exhibits, the office seal and
other
public property committed to his charge;
(j)
Perform
such other duties as are prescribed by law for clerks of superior
courts;
and
(k)
Keep
such books and perform such duties as the Commission may direct.chanrobles virtual law library
Sec. 3. Deputy
Clerks of Court. - (a) The Assistant Director of the Law
Department
shall serve as Deputy Clerk of Court in all cases where the Director of
said Department acts as the Clerk of Court of the Commission.chanrobles virtual law library
(b) The
Assistant Director of the Electoral Contests Adjudication Department
shall
serve as the Deputy Clerk of Court in all cases where the Director of
said
Department acts as the Clerk of Court of the Commission.chanrobles virtual law library
Sec. 4.
Duties of Deputy Clerks of Court. - The Deputy Clerks of Court
shall
assist their respective Clerks of Court and shall perform such other
duties
and functions as may be assigned to them by their respective Clerks of
Court.chanrobles virtual law library
Sec. 5.
Division Clerks of Courts. - Each Division shall have a Division
Clerk of Court who must be a ranking lawyer from either the Law
Department
or the Electoral Contests Adjudication Department and designated by the
Commission upon the joint recommendation of the Directors of said
departments.chanrobles virtual law library
Sec. 6.
Duties of the Division Clerks of Court. - A Division Clerk of
Court
shall:
(a)
Attend
the hearings of sessions of his Division;
(b)
Coordinate
in the preparation of the calendar of cases;
(c)
Call
the cases in the calendar during sessions or hearings;
(d)
Supervise
the stenographers;
(e)
Administer
oaths to witnesses;
(f)
Mark
exhibits of the parties, indicating therein the date and affixing
thereto
his signature;
(g) Be
responsible
to the Clerk of Court of the Commission for the safety and security of
the records of cases and other documents entrusted to him during
sessions
or hearings; and
(h)
Perform
such duties as may be assigned by the Presiding Commissioner or by the
Clerk of Court concerned.chanrobles virtual law library
Sec. 7. Stenographers.
- Every session or hearing of the Commission, whether en banc or in
Division,
shall be attended by at least two (2) competent stenographers.chanrobles virtual law library
Sec. 8.
Duties of Stenographers. - It shall be the duty of the
stenographers
to:
(a)
Record
faithfully in stenographic notes the proceedings during the session or
hearing of the Commission en banc or of the Division;
(b) At
the
close of every hearing or session, to deliver immediately the
stenographic
notes he has taken to the Clerk of Court or Division Clerk of Court who
shall initial all the pages thereof and who shall stamp the date of
receipt
thereon, and when such notes are transcribed, the transcript shall
likewise
be delivered to the Clerk of Court who shall initial each page thereof.
It shall be the duty of the Clerk of Court to demand that the
stenographer
comply with said task;
(c)
Transcribe
the notes, upon demand of the Commission or the Division, or by any of
the parties, subject to the payment of the prescribed fees; and
(d)
Perform
such other duties as the Commission may prescribe.chanrobles virtual law library
Sec. 9. Security.
- At any session or hearing of the Commission or any of its Divisions,
the Executive Director thru the Assistant Director for Administration,
shall provide adequate security for and in the session hall and its
premises.chanrobles virtual law library
Sec. 10.
Support Staff. - The Commission or any of the Divisions may
require
other employees of the Commission to assist the Commission or the
Divisions
during its session or hearing or in the performance of its duties. They
shall be under the supervision of the Clerk of Court concerned.chanrobles virtual law library
Rule
39 - Seal of the Commission
Section
1. Custodian of the Seal. - The Secretary of the Commission,
the
Director of the Law Department and the Director of the Electoral
Contests
Adjudication Department shall each keep a seal of the Commission.chanrobles virtual law library
Sec. 2.
Use of the Seal. - The seal of the Commission shall be affixed
to
all decisions, orders, rulings or resolutions of the Commission or any
of its Divisions, certified copies of official records, and such other
documents which the Commission may require to be sealed.chanrobles virtual law library
Rule
40 - Fees and Charges
Section
1. Filing Fees for Election Contests and Quo Warranto. - (a)
The
filing fees for election contests and quo warranto cases and petitions
for certiorari, prohibition or mandamus filed with the Commission are
hereby
prescribed as follows:
Each interest
mentioned above shall pay an additional amount of P10.00 as legal
research
fee in accordance with the provisions of Sec. 4, Republic Act No. 3870,
as amended by Presidential Decree No. 200 and Presidential Decree No.
1856.chanrobles virtual law library
(b) Cash
deposits. - In any protest or counter-protest or
protest-in-intervention
not requiring ballot revision, the following cash deposits shall be
paid
by the interested party;
(1) For
each election contestP1,000.00;
(2)
For
each counter-protest or protest-in-intervention P1,000.00.chanrobles virtual law library
(c) In any
protest, counter-protest or protest-in-intervention requiring ballot
revision
the following cash deposits shall be paid by the interested party:
(1) For
each election contestP5,000.00;
(2)
For
each counter-protest or protest-in-intervention P5,000.00.chanrobles virtual law library
The cash deposits
prescribed above shall be applied to the payment of all expenses
incidental
to such protest, counter-protest or protest-in-intervention. When
circumstances
so demand, additional cash deposits may be required. Any unused balance
thereof shall be returned to the protestant, counter-protestant or
protestant-intervenor,
as the case may be.chanrobles virtual law library
(d) In case
of revision of ballots, there shall be deposited the sum of P350.00 for
every ballot box for the compensation of the revisors at the rate of
P100.00
each and as reserve for expenses.chanrobles virtual law library
(e) If a
claim for damages and attorney's fees are set forth in a protest,
counter-protest
or protest-in-intervention, an additional filing fee shall be paid at
the
rate of P300.00 for the first one hundred fifty thousand pesos and
P4.00
for every one thousand pesos over the first P150.000.00
Sec. 2.
Filing Fees in Special Actions and Special Proceedings. - (a)
The
petitioner in any Special Action or Special Proceeding shall pay a
filing
fee of P500.00.chanrobles virtual law library
(b) In every
such a case, a legal research fee of P10.00 pursuant to Sec. 4 of
Republic
Act No. 3870, as amended, shall be paid.chanrobles virtual law library
(c) In petition
for registration of political parties, organizations or coalition of
political
parties, there shall be paid an additional sum of P1,000.00 for the
certificate
of registration.chanrobles virtual law library
Sec. 3.
Appeal Fees. - The appellant in election cases shall pay an
appeal
fee as follows:
(a)
Election
cases appealed from Regional Trial Courts P1,000.00.chanrobles virtual law library
(b)
Election
cases appealed from courts of limited jurisdiction. P500.00.chanrobles virtual law library
In every case,
a legal research fee of P20.00 shall be paid by the appellant in
accordance
with Sec. 4, Republic Act No. 3870, as amended.chanrobles virtual law library
Sec. 4.
Where and When to Pay. - The fees prescribed in Sections 1, 2
and
3 hereof shall be paid to, and deposited with, the Cash Division of the
Commission within a period to file the notice of appeal.chanrobles virtual law library
Sec. 5.
Filing Fees in Special Cases. - (a) In special Cases the
petitioner
shall pay a filing fee of P500.00.chanrobles virtual law library
(b) In such
cases there shall be imposed an amount of P10.00 as legal research fee
in accordance with Sec. 4, Republic Act No. 3870, as amended.chanrobles virtual law library
(c) Cash
Deposit - If in a Special Case a recount of the ballots is required,
the
Commission or the Division to which the case is assigned, shall order
the
interested party to make a cash deposit of P2,000.00 with the Cash
Division,
Administrative Services Department of the Commission, within a period
to
be fixed in the order. This amount shall be applied to all expenses
incidental
to the controversy. When circumstances so demand, additional cash
deposits
may be required.chanrobles virtual law library
Whenever
applicable, the revisor's fees fixed on Section 1 (c) above shall be
deposited
with the Cash Division, Administrative Services Department of the
Commission
by the party concerned.chanrobles virtual law library
Sec. 6.
Legal and Administrative Fees, Service Charges and Costs. - The legal
fees,
service charges and costs prescribed herein are hereby authorized to be
charged and/or collected by the Commissioner for the service, action or
proceeding hereinafter mentioned.chanrobles virtual law library
Sec. 7.
Legal Fees. - The following legal fees shall be charged and collected:
(a) For
furnishing certified transcripts of records of copies on any record,
decision,
ruling or entry of which any person is entitled to demand and receive a
copy, per pageP5.00;
(b) For
every certificate not on process, first ten (10) pagesP50.00
succeeding,
per pageP1.00;
(c) For
every search of any record (per page) and reading the same. P10.00;
(d) For
every search of any record (per page) pertaining to election cases and
reading the same. P20.00
(e) For
copying (photo or xerox) of any list, document or record using machines
of requesting parties, per pageP0.50
(f) For
filing of a motion for reconsideration on a decision, order or
resolutionP300.00
(g) For
copying (xerox) of any list, document or records, using the machines
and
materials of the Commission, per pageP1.50
(h) For
every issuance of a duplicate voter's identification card. P10.00
The fees
and charges prescribed herein shall be reduced by fifty percent (50%)
if
the purpose of the request is for academic research work.chanrobles virtual law library
The department/office
which is the legal custodian of the document/record requested shall be
responsible for the copying (xeroxing) thereof and shall certify that
it
is a coy of the official records of the Commission, and shall affix
thereto
the seal of the Commission.chanrobles virtual law library
No certified
copy of any official record of the Commission shall be issued without
the
payment of the corresponding fees.chanrobles virtual law library
Sec. 8.
Where Fees are to be Paid. - The fees herein before provided
shall
be paid by the party concerned to the Cash Division, Administrative
Service
Department of the Commission, at the time of request or demand. If the
fees are not paid, the Commission may refuse to take action thereon
until
they are paid.chanrobles virtual law library
Sec. 9.
Fees for Bailiffs, Sheriffs, and Other Persons Serving
Process.chanrobles virtual law library
- (a) For executing any process of the Commission, for each kilometer
of
travel in the service of process, reckoned from the place of service to
the place to which the process is returnable, P1.00, but if the process
is executed by a municipal deputy sheriff residing in the municipality
where the party served is residing such officer shall receive the fees
for the service of process without kilometrage, provided that the party
requiring the process shall deposit with the Commission at the time of
request the estimated cost of expenses for kilometrage and per diems to
be incurred by the Sheriff but more than P1,000.00.chanrobles virtual law library
(b) For
serving summons and a copy of petition furnished by the petitioner for
each respondent, P20.00 but when the respondents reside at the same
place,
the fee shall be P10.00 for each respondent; and
(c) For
serving subpoenas, for each witness served, P5.00 besides travel fees.chanrobles virtual law library
Sec. 10.
Fees for Stenographers. - Stenographers shall give certified
transcript
of notes taken by them to every person requesting the same upon payment
of (a) P2.00 for each page of not less than two hundred and fifty words
before the case is brought to the Supreme Court on certiorari, and (b)
P1.00 for the same page, thereafter.chanrobles virtual law library
Sec. 11.
Witness' Fees. - Witnesses in any action in the Commission shall
be entitled to P20.00 per day and P1.00 for each kilometer of travel in
going to the place of hearing and coming from their homes within the
Philippines
by the nearest route of usual travel, or in lieu of said mileage,
actual
travel expenses by the cheapest means of transportation.chanrobles virtual law library
A witness
shall not be allowed compensation for his attendance in more than one
case
or more than one side of the same case at the same time, but may elect
in which of several cases or on which side of a case, if witness is
summoned
by both sides, to claim his attendance. A person who is compelled to
attend
the hearing on other business of the Commission shall not be paid as
witness.chanrobles virtual law library
Sec. 12.
Costs. - Costs shall be allowed to the prevailing party as a
matter
of course, but the Commission shall have the power, for special
reasons,
to adjudge the either party shall pay the costs of an action, or that
the
same be divided, as maybe equitable. No costs shall be allowed against
the Republic of the Philippines unless otherwise provided by law.chanrobles virtual law library
Sec. 13.
Costs in Action or Processing. - In an action or proceeding
before
the Commission, the prevailing party may recover the following cost:
(a) For
his own attendance, and that of his attorney, down to and including
final
judgment, one hundred peso (P100.00);
(b)
All
lawful fees charged against him by the Commission, in entering and
docketing
the action and recording the proceedings and judgment therein and for
the
issuing of all processes;
(c) If
testimony
is received in the Commission, not taken in another court and
transmitted
thereto, the prevailing party shall be allowed the same costs for
witness
fees, depositions, and process and service thereof as he would have
been
allowed for such items had the testimony been introduced in the lower
courts;
and
(d)
The
lawful fees of a commissioner in any action may also be taxed against
the
defeated party, or apportioned as justice requires.chanrobles virtual law library
Sec. 14. When
Action or Appeal Dismissed. - If an action or an appeal is
dismissed
for want of jurisdiction or otherwise, the Commission nevertheless
shall
have the power to render judgment for costs, as justice may require.chanrobles virtual law library
Sec. 15.
Costs When Action or Appeal Frivolous. - When an action or an
appeal
is found to be frivolous, double or treble costs may be imposed on the
petitioner or appellant, which shall be paid by his attorney, if so
ordered
by the Commission.chanrobles virtual law library
Sec. 16.
Attorney's Fees as Costs. - No Attorney's fees shall be taxed
as
costs against the adverse party, except as provided by the Civil Code.
But this section shall have no relation to the fees to be charged by an
attorney as against his client.chanrobles virtual law library
Sec. 17.
Costs When Witness Fails to Appear. - If a witness fails to
appear
at the time and place specified in the subpoena issued by the
Commission,
the costs of the warrant of arrest of the witness shall be paid by the
witness if the Commission shall determine that his failure to answer
the
subpoena was willful or without just excuse.chanrobles virtual law library
Sec. 18.
Non-payment of Prescribed Fees. - If the fees above prescribed
are
not paid, the Commission may refuse to take action thereon until they
are
paid and may dismiss the action or the proceeding.chanrobles virtual law library
Sec. 19.
Government Exempt. - The Republic of the Philippines is exempt
from
paying the legal fees provided in this resolution.chanrobles virtual law library
Sec. 20.
Collection and Remittances of Legal Research Fee. - The amount
collected
as legal research fee shall be receipted for as "Legal Research Fund"
and
shall be immediately remitted to the University of the Philippines.chanrobles virtual law library
PART
IX
CONCLUDING
PROVISIONS
Rule
41 - Supplementary Rules
Section
1. The Rules of Court. - In the absence of any applicable
provisions
in these Rules, the pertinent provisions of the Rules of Court in the
Philippines
shall be applicable by analogy or in suppletory character and effect.chanrobles virtual law library
Rule
42 - Repealing Clause and Effectivity
Section
1. Repealing Clause. - All resolutions, rules, regulations or
circulars
of the Commission or parts thereof which are inconsistent with any
provision
of these Rules are hereby deemed repealed or modified accordingly.chanrobles virtual law library
Sec. 2.
Transitory Provision. - These rules shall govern all cases
brought
after they take effect and also further proceedings in cases than
pending,
except to the extent that in the opinion of the Commission or the court
in appropriate cases, an application would not be feasible or would
work
injustice, in which event the former procedure shall apply.chanrobles virtual law library
Sec. 3.
Separability Clause. - If any part of these Rules is declared
unconstitutional,
the remaining part not affected thereby shall remain valid and
effective.chanrobles virtual law library
Sec. 4.
Effectivity. - These Rules shall be published in the Official
Gazette
or in two (2) daily newspapers of general circulation and shall take
effect
on the seventh day following its publication.chanrobles virtual law library
Approved:
February 15, 1993
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