A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
theChan Robles Virtual Law Library
This page features the full text of
Batas Pambansa Bilang 884
AN
ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL ELECTORAL TRIBUNAL TO TRY,
HEAR AND DECIDE ELECTION CONTESTS IN THE OFFICE OF PRESIDENT AND
VICE-PRESIDENT
OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 884AN
ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL ELECTORAL TRIBUNAL TO TRY,
HEAR AND DECIDE ELECTION CONTESTS IN THE OFFICE OF PRESIDENT AND
VICE-PRESIDENT
OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.chanrobles virtuallaw libraryred
chanrobles virtual law librarySection
1. There shall be an independent
Presidential Electoral Tribunal, hereinafter referred to as the
Tribunal,
to be composed of the nine members which shall be the sole judge of all
contests relating to the election, returns and qualifications of the
President
and the Vice-President of the Philippines. It shall be composed of nine
members, three of whom shall be the Chief Justice of the Supreme Court
and two other justices to be designated by the Chief Justice, and the
remaining
six shall be chosen as follows: three to be nominated by the majority
party
from among its Members in the Batasang Pambansa, and three to be
nominated
by the minority party from among its Members. The Chief Justice of the
Supreme Court shall be its Chairman.
Any
vacancy in the Tribunal shall be filed by nomination by the Chief
Justice,
the majority party or the minority party in the Batasang Pambansa, as
the
case may be.chanrobles virtual law library
Sec.
2. The oath of office of the
members of the Tribunal shall be administered by the Chief Justice of
the
Supreme Court not later than fifteen days prior to the scheduled date
of
any presidential and vice-presidential elections. The Chief Justice of
the Supreme Court, who shall be the Chairman, shall take his oath of
office
before the Speaker of the Batasang Pambansa.chanrobles virtual law library
Sec.
3. Five members of the Tribunal
shall constitute a quorum to do business. Unless otherwise specifically
provided herein, it may provide its own rules and regulations
concerning
the procedure in the filing and hearing of such contests filed before
it.
The Tribunal shall hear and decide en banc all presidential and
vice-presidential
election contests brought under this Act, and the concurrence of at
least
five members of the Tribunal shall be necessary for a final decision
thereon.chanrobles virtual law library
Sec.
4. The Tribunal must decide the
contest within twelve months after it is filed. In case of a tie
between
the candidates for President and/or for Vice-President involved in the
contest, the Tribunal shall notify the Batasang Pambansa of such fact,
in which case the President or Vice-President, as the case may be,
shall
be chosen by a vote of a majority of all the Members of the Batasang
Pambansa
in session assembled.
The
promulgation of the judgment shall be made on a date previously fixed,
notice of which shall be served in advance upon the parties or their
attorneys,
personally or by special registered mail or by telegram. No motion
shall
be entertained for the opening of a case but only for the
reconsideration
of a decision based on the evidence already of record. No party may
file
more than one motion for reconsideration, copy of which shall be served
upon the adverse party who shall answer it within five days after the
receipt
thereof. Any petition for reconsideration must be resolved within ten
days
after it is submitted for resolution. As soon as a decision becomes
final,
a copy thereof shall be furnished the Batasang Pambansa through the
Speaker,
and the Commission on Elections through its Chairman, in addition to
the
copies for the contestants or their attorneys.chanrobles virtual law library
Sec.
5. In case the protestant is
declared the winner, he shall assume office by taking his oath in
accordance
with Constitution as soon as the judgment has become final.chanrobles virtual law library
Sec.
6. The Tribunal shall have a
Clerk of the Tribunal who shall be appointed by it in accordance with
its
rules, and such other subordinate officers and employees as may be
necessary
for the efficient performance of its functions and duties shall be
designated
by the Tribunal from the judiciary and other officers of the government.
Sec.
7. Any registered candidate for
President or for Vice-President of the Philippines who received the
second
and third highest number of votes may contest the election of the
President
or the Vice-President, as the case may be, by filing a verified
petition
of contest with the Clerk of the Tribunal within thirty days after the
proclamation of the result of the election of a purported winner.
Sec.
8. The Tribunal shall have and
exercise the same powers which the law confers upon the courts of
justice,
including the issuance of subpoena, subpoena duces tecum, the taking of
depositions, the arrest of witnesses for the purpose of compelling
their
appearance, the production of documents and other evidence, and the
compulsory
compliance with its orders.chanrobles virtual law library
Sec.
9. The Tribunal shall have the
power to recommend the immediate prosecution of persons, either public
officers or private individuals, who in its opinion appear to have
participated
in any irregularity connected with the canvassing and/or accomplishing
of election returns, including but not limited to the forging or
falsification
of advance report of election returns, tampering in any manner with the
election returns, failure to affix the required signatures and
thumbmarks
by any member or members of the board of election inspectors or board
of
canvassers, or unnecessary delay in the sending or transmission of any
election returns or paraphernalia used in the election, or in the
transport
and safekeeping of ballot boxes. The Tribunal shall be empowered to
store
or deposit ballot boxes, election returns and all other election
paraphernalia
in a safe and secure place under guard by appropriate deputies
appointed
by the Tribunal, and, upon formal request by the contestants or their
attorneys,
the latter shall likewise be authorized to post their own guards
thereat.chanrobles virtual law library
The
Tribunal or any of its duly authorized members shall have the power
to punish
for contempt, as provided for in Rule 71 of the Revised Rules of Court,
under the same procedure and with the same penalties provided therein
and
exercised by superior courts.
The
telegrams, correspondence and other communications of the Tribunal
shall
be transmitted without delay and free of charge.
Sec.
10. To carry out the purposes
of this Act, the amount of five million pesos shall be appropriated out
of any unappropriated funds in the national treasury or from the Special
Activities Funds as provided for in the 1986 and subsequent General
Appropriations
Acts intended for organizational purposes. The amount so provided shall
be utilized for office space, furniture, fixtures, and equipment,
personal
services and other relevant operating costs, including for transport of
ballot boxes and other paraphernalia, storage and security thereof.
Should
the actual expenses of the Tribunal exceed the appropriations herein
provided,
the contestant shall be required to file a bond as required by the
Tribunal
pursuant to its rules and regulations to answer for the expenses that
may
be incurred by the Tribunal in connection with the contest or
counter-contest.chanrobles virtual law library
Sec.
11. This Act shall take effect
upon its approval.chanrobles virtual law library
Approved:
December 3, 1985
Back
to Top - Back
to Main Index - Back
to Home