Republic of the Philippines

SUPREME COURT
Manila

AM. No. 07-4-15-SC

RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE COURTS INVOLVING

ELECTIVE MUNICIPAL AND BARANGAY OFFICIALS

PURSUANT to the provisions of Article VIII, Section 5(5) of the Constitution, and in order to achieve an
expeditious, inexpensive and just determination of election cases before the courts, the Supreme Court hereby
adopts and promulgates the following rules.

RULE 1
SCOPE

SECTION 1. Coverage. - These Rules shall govern the filing of pleadings, practice and procedure in election
protests and petitions for quo warranto before courts of general jurisdiction and courts of limited jurisdiction
relating to elective municipal and barangay officials.

SEC. 2. Application of the Rules of Court. - The Rules of Court shall apply by analogy or in a suppletory
character, and whenever practicable and convenient.

SEC. 3. Definitions. - As used in these Rules:

(a) Courts - refer to the Regional Trial Courts or the Municipal Trial Courts, including the
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts.

(b) Election - means the choice or selection of candidates to public office by popular vote through the
use of the ballot. Specifically, it may refer to the conduct of the polls, including the listing of voters,
the holding of the electoral campaign, and the casting and counting of ballots and canvassing of
returns.

(c) Election Contests - refer to election protests or petitions for quo warranto.

(d) Election Protest - refers to an election contest relating to the election and returns of elective
officials, grounded on frauds or irregularities in the conduct of the elections, the casting and
counting of the ballots and the preparation and canvassing of returns. The issue is who obtained the
plurality of valid votes cast.

(e) Quo Warranto under the Omnibus Election Code - refers to an election contest relating to the
qualifications of an elective official on the ground of ineligibility or disloyalty to the Republic of the
Philippines. The issue is whether respondent possesses all the qualifications and none of the
disqualifications prescribed by law.

(f) Revision of Ballots - refers to the process of a recount of the ballots involving physical counting
and segregation of ballots for the protestant, protestee and other candidates for the same position and
the recording of objections and claims to ballots.

(g) Promulgation - refers to the process by which a decision is published, officially announced, made
known to the public and delivered to the clerk of court for filing, coupled with notice to the parties or
their counsel.

SEC. 4. Inherent powers of the court. - When performing its functions, a court shall have the inherent power
to:

(a) Preserve and enforce order in its immediate presence;

(b) Enforce order in proceedings before it, or before a person or persons empowered to conduct a
judicial investigation under its authority;
 (c) Compel obedience to its judgments, orders and processes, and to the lawful orders of a judge out of
court, in a case pending therein;

(d) Control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in
any manner connected with a case before it, in every manner appertaining thereto;

(e) Compel the attendance of persons to testify in a case pending therein;

(f) Administer or cause to be administered oaths in a case pending therein, 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;
and

(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.

SEC. 5. Means to carry jurisdiction into effect. - All auxiliary writs, processes, and other means necessary to
carry into effect its powers or jurisdiction may be employed by the court and, if the procedure to be followed in
the exercise of such jurisdiction is not specifically provided by law or these Rules, the court may adopt any
suitable process or mode of process which appears conformable to the spirit of said law or rules.

RULE 2
ELECTION CONTESTS

SECTION 1. Jurisdiction of regional trial courts. - Regional trial courts shall have exclusive original
jurisdiction over all election contests involving elective municipal officials.

SEC. 2. Jurisdiction of municipal trial courts. - Municipal trial courts shall have exclusive original
jurisdiction over all election contests involving elective barangay officials.

SEC. 3. How initiated. - An election contest is initiated by the filing of an election protest or a petition for quo
warranto against an elective municipal or barangay official. An election protest or a petition for quo
warranto shall be filed directly with the proper court in three legible copies plus such number of copies
corresponding to the number of protestees or respondents.

An election protest shall not include a petition for quo warranto, nor shall a petition for quo warranto include
an election protest.

SEC. 4. Modes of service and filing. - Service and filing of pleadings, including the initiatory petition and
other papers, shall be done personally. Except with respect to papers emanating from the court, a resort to other
modes of service must be accompanied by a written explanation why the service or filing was not done
personally. A violation of this Rule shall be cause to consider the pleading or paper as not filed.

SEC. 5. Election protest. - A petition contesting the election or returns of an elective municipal or barangay
official shall be filed with the proper regional trial court or municipal trial court by any candidate who was
voted for the same office and who received the second or third highest number of votes or, in a multi-slot
position, was among the next four candidates following the last-ranked winner duly proclaimed, as reflected in
the official results of the election contained in the Statement of Votes By Precinct. The party filing the protest
shall be designated as the protestant; the adverse party shall be known as the protestee.

Each contest shall refer exclusively to one office; however, contests for offices of Sangguniang
Bayan or Sangguniang Barangay may be consolidated in one case.

SEC. 6. Quo Warranto. - A petition for quo warranto against an elective municipal or barangay official shall
be filed with the proper regional trial court or municipal trial court by any registered voter who has voted in the
election concerned. The party filing the petition shall be designated as the petitioner; the adverse party shall be
known as the respondent.

SEC. 7. Petition must be verified and accompanied by a certificate of non-forum shopping. - An election
protest or a petition for quo warranto shall be verified by an affidavit stating that the affiant has read the
petition and that the allegations therein are true and correct of affiant's own knowledge or based on authentic
records. A verification based on "information and belief" or upon the "knowledge, information and belief" is
not a sufficient verification.

The protestant or petitioner shall sign personally the certificate of non-forum shopping which must be annexed
to the election protest or petition for quo warranto.

An unverified petition or one with insufficient verification or unaccompanied by a certificate of non-forum

shopping shall be dismissed outright and shall not suspend the running of the reglementary period to file an
election protest or petition for quo warranto.

SEC. 8. Period to file protest or petition; non-extendible. - The election protest or petition for quo
warranto shall be filed within the non-extendible period of ten days following the date of proclamation.

SEC. 9. Pendency of pre-proclamation controversy. - The pendency of a pre-proclamation controversy

involving the validity of the proclamation as defined by law shall suspend the running of the period to file an
election protest or petition for quo warranto.

SEC. 10. COMELEC judgment in disqualification case. - A decision of the Commission on Elections, either
in division or en banc, in a disqualification case shall not bar the filing of a petition for quo warranto based on
the same ground, except when the Supreme Court has affirmed the COMELEC decision.

SEC. 11. Contents of the protest or petition. - An election protest or petition for quo warranto shall
specifically state the following facts:

(a) the position involved;

(b) the date of proclamation; and

(c) the number of votes credited to the parties per proclamation.

An election protest shall also state:

(d) the total number of precincts of the municipality or the barangay concerned;

(e) the protested precincts and votes of the parties in the protested precincts per the Statement of Votes
By Precinct or, if the votes of the parties are not specified, an explanation why the votes are not
specified; and

(f) a detailed specification of the acts or omissions complained of showing the electoral frauds,
anomalies or irregularities in the protested precincts.

SEC. 12. Raffle of cases. - The Supreme Court shall designate the courts which shall take cognizance of
election protests and petitions for quo warranto. Assignment of cases to such courts shall be done exclusively
through raffle conducted by the executive judge or by the judges designated by the Supreme Court. No court
may assume jurisdiction over an election contest unless assigned to it by raffle. Twenty-four hours before the
raffle, the clerk of court must serve notice personally on the parties, stating its date and time. Proof of service
shall be submitted. The raffle shall be open to the public. The Supreme Court shall issue the necessary circular
implementing this proviso.

The Court may order a change of venue or place of trial for compelling reasons to avoid a miscarriage of
justice.

SEC. 13. Summary dismissal of election contest. - The court shall summarily dismiss, motu proprio, an
election protest, counter-protest or petition for quo warranto on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;

(b) The petition is insufficient in form and content as required in Section 11 hereof;

(c) The petition is filed beyond the period prescribed in these Rules;
 (d) The filing fee is not paid within the period for filing the election protest or petition for quo
warranto; and

(e) In case of protest where a cash deposit is required, the cash deposit is not paid within five days
from the filing of the protest.

RULE 3
SUMMONS

SECTION 1. Summons. - Within twenty-four hours from the filing of the protest or petition, the clerk of court
shall issue the corresponding summons to the protestee or respondent, together with a copy of the protest or
petition, requiring the filing of an answer within a non-extendible period of five days from notice.

SEC. 2. Service of summons. - The summons shall be served by handing a copy to the protestee or respondent
in person or, in case of refusal of the protestee or respondent to receive and sign for it, by tendering the same.

If, for justifiable causes, the protestee or respondent cannot be served in person as provided above, service may
be effected by leaving copies of the summons at:

(a) the residence of protestee or respondent with some person of suitable age and discretion residing
therein, or

(b) the office or regular place of business of protestee or respondent with some competent person in
charge thereof.

SEC. 3. By whom served. - The summons shall be served by the sheriff, deputy sheriff, process server or any
suitable person authorized by the court issuing the summons.

RULE 4
ANSWER AND COUNTER-PROTEST

SECTION 1. Verified answer; counter-protest. - The answer shall be verified and may set forth admissions
and denials, special and affirmative defenses and a compulsory counterclaim. The protestee may incorporate a
counter-protest in the answer. Within five days from receipt of the summons and a copy of the protest or
petition, the protestee or respondent shall file an answer in three legible copies, with proof of service of a copy
upon the protestant or petitioner.

The counter-protest shall specify the counter-protested precincts and any votes of the parties therein per the
Statement of Votes By Precinct, or, if not so specified, an explanation why the votes are not specified, and a
detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or
irregularities in the counter-protested precincts.

SEC. 2. Answer to counterclaim or counter-protest. - The protestant or petitioner shall answer the
counterclaim or counter-protest within a non-extendible period of five days from notice.

SEC. 3. Allegations in the answer. -

(a) Specific denial. - A protestee or respondent must specify each material allegation of fact the truth
of which is not admitted and, whenever practicable, shall set forth the substance of the matters relied
upon in support of the denial. The protestee or respondent shall specify so much of the averments that
are true and material and shall deny the remainder.

(b) Allegations not specifically denied deemed admitted. - Material averment in the protest or petition,
other than the amount of unliquidated damages and issues as to the appreciation of ballots, shall be
deemed admitted when not specifically denied.

SEC. 4. Effect of failure to plead. -

(a) Defenses and objections not pleaded. - Defenses and objections not pleaded are deemed waived.
However, when it appears from the pleadings or the evidence on record that the court has no
jurisdiction over the subject matter, that there is another action pending between the same parties for
 the same cause, or that the action is barred by a prior judgment or the statute of limitations, the court
shall dismiss the claim.

(b) Compulsory counterclaim or cross-claim not set up barred. - A compulsory counterclaim, or a

cross-claim not set up shall be barred.

(c) Effect of failure to answer. -I n an election protest that does not involve ballot revision or a petition
for quo warranto, if the protestee or respondent fails to file an answer within the time allowed, the
court shall, upon motion of the protestant or petitioner with notice to the protestee or respondent and
upon proof of such failure, proceed to render judgment on the basis of the allegations of the verified
election protest or petition for quo warranto granting the relief prayed for, unless the court in its
discretion requires the protestant or petitioner to submit evidence ex parte.

However, in the case of election protests involving ballot revision or examination, verification or re-tabulation
of the election returns, the court shall order such revision of ballots or examination, verification or re-
tabulation of election returns. The court shall proceed to render judgment based on the results of the revision or
examination, verification or re-tabulation of election returns. During the revision or examination, verification
or re-tabulation of election returns, only the revisors of the protestant may participate. The protestee or duly
authorized representative has the right to be present and observe the proceedings without the right to object and
make claims to ballots and election returns.

SEC. 5. How to compute time. - In computing any period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of the act or event from which the designated period of
time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus
computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not
run until the next working day.

SEC. 6. Amendments; limitations. - After the expiration of the period for the filing of the election protest,
counter-protest or petition for quo warranto, substantial amendments that broaden the scope of the action or
introduce an additional cause or causes of action may be allowed only upon leave of court. Such leave may
be refused if it appears to the court that the motion was made with intent to delay. Any amendment in matters
of form, such as a defect in the designation of the parties and other clearly clerical or typographical errors,
may be summarily corrected by the court at any stage of the proceedings, at its initiative or on motion,
provided no prejudice is caused thereby to the adverse party.

RULE 5
MOTIONS

SECTION 1. Motions must be in writing. - Except those made in open court during the course of the
proceedings, all motions shall be in writing.

SEC. 2. Proof of service necessary. - No written motion shall be acted upon by the court without proof of
service on the adverse party.

SEC. 3. No hearings on motions. - Motions shall not be set for hearing, unless the court directs otherwise. No
oral argument shall be allowed in support thereof. The adverse party may file written objections five days from
its service upon the expiration of which such motion is deemed submitted for resolution. The court shall
resolve the motion within five days.

RULE 6
PROHIBITED PLEADINGS

SECTION 1. Prohibited pleadings and motions. - The following pleadings, motions or petitions shall not be
allowed in the cases covered by these Rules:

(a) Motion to dismiss the petition except on the ground of lack of jurisdiction over the subject
matter;

(b) Motion for a bill of particulars;

(c) Demurrer to evidence;

(d) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
 (e) Petition for relief from judgment;

(f) Motion for extension of time to file pleadings, affidavits or other papers;

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

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

(i) Dilatory motion for postponement;

(j) Motion to inhibit the presiding judge except on clearly valid grounds;

(k) Reply or rejoinder; and

(l) Third-party complaint.

SEC. 2. Grounds to dismiss must be set up in the answer. - All grounds to dismiss an election protest or
petition for quo warranto must be set up or pleaded as affirmative or special defenses. Defenses not raised are
deemed waived. The court may, in its discretion, hold a preliminary hearing on the grounds so pleaded.

RULE 7
FILING FEES AND CASH DEPOSITS

SECTION 1. Filing fees. - No protest, counter-protest or petition for quo warranto shall be accepted for filing
without the payment of a filing fee in the amount of Three Thousand Pesos (P3,000.00) for each interest.

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

SEC. 2. Cash deposit. - (a) In addition to the fees prescribed in the preceding section, the protestant in an
election protest requiring revision of ballots or examination, verification or re-tabulation of election returns, or
which may require the bringing to the court of copies of other election documents and paraphernalia, shall
make a cash deposit with the court in the following amounts:

(1) One Thousand Pesos (P1,000.00) for each precinct involved in the protest or counter-protest;
provided that, in no case shall the deposit be less than Twenty-Five Thousand Pesos (P25,000.00) to
be paid upon the filing of the election protest (counter-protest);

(2) If the amount to be deposited does not exceed One Hundred Thousand Pesos (P100,000.00), the
same shall be paid in full within ten days after the filing of the protest; and

(3) If the deposit exceeds One Hundred Thousand Pesos (P100,000.00), a cash deposit in the amount
of One Hundred Thousand Pesos (P100,000.00) shall be made within ten days after the filing of the
protest.

The balance shall be paid in such installments as may be required by the court with at least five days
advance notice to the party required to make the deposit.

The cash deposit shall be applied by the court to the payment of the compensation of revisors as provided
under Section 3, Rule 10 of these Rules and of all expenses incidental to revision but not limited to supplies
and miscellaneous expenses of the revision committee. When the court determines that the circumstances so
demand, as when the deposit has been depleted, it may require additional cash deposits. Any unused cash
deposit shall be returned to the party making the same after complete termination of the protest or counter-
protest.

The same amount of cash deposit shall be required from the protestee (counter-protestant), should continuation
of revision be ordered pursuant to paragraph 2, Section 9, Rule 10 of these Rules. Once required, the protestee
(counter-protestant) shall pay the cash deposit within a non-extendible period of three days from receipt of the
corresponding order.

(b) Failure to make the cash deposits required within the prescribed time limit shall result in the automatic
dismissal of the protest, or counter-protest.
RULE 8
PRODUCTION AND CUSTODY OF BALLOT BOXES AND ELECTION DOCUMENTS

SECTION 1. Issuance of precautionary protection order. - Where the allegations in a protest so warrant, and
simultaneously with the issuance of summons, the court shall order the municipal treasurer and election officer
concerned to take immediate steps or measures to safeguard the integrity of all the ballot boxes, lists of voters
with voting records, books of voters and other documents or paraphernalia used in the election.

SEC. 2. When ballot boxes and election documents are brought before the court. - Within forty-eight hours
from receipt of the answer with counter-protest, if any, and whenever the allegations in a protest or counter-
protest so warrant, the court shall order the ballot boxes with their keys, lists of voters with voting records,
books of voters and other documents or paraphernalia involved in the protest or counter-protest, to be brought
before it.

The court shall notify the parties of the date and time for the retrieval from their respective custodians of the
ballot boxes and election documents. The parties may send representatives to witness the activity. The absence,
however, of a representative of a party shall not be reason to postpone or delay the bringing of the ballot boxes
and election documents into the custody of the court.

The court, in its discretion, may seek the assistance of the Philippine National Police or the Armed Forces of
the Philippines in ensuring the safe delivery of the ballot boxes and election paraphernalia into the custody of
the court.

Where any of the ballot boxes, ballots, election returns, election documents or paraphernalia mentioned in the
first paragraph above are also involved in election contests before other fora , such as the Presidential Electoral
Tribunal, the Senate Electoral Tribunal, the House of Representatives Electoral Tribunal or the Commission on
Elections, which, under COMELEC Resolution No. 2812 dated 17 October 1995, have preferential right over
the custody and revision of ballots involved in simultaneous protests, the court shall make the appropriate
coordination and request with the higher tribunal involved as to temporary prior custody of ballot boxes and
revision of ballots and other documents, or synchronization of such revision of ballots and other election
documents.

The expenses necessary and incidental to the bringing of the ballot boxes and election documents shall be
shouldered and promptly paid by the protestant. The expenses necessary and incidental to the return of the
ballot boxes and election documents to their original custodians or the proper tribunal after the termination of
the case shall be shared proportionately by the protestant and protestee based on the number of precincts
respectively contested by them.

RULE 9
PRELIMINARY CONFERENCE

SECTION 1. Preliminary conference; mandatory. - Within three days after filing of the last responsive
pleading allowed by these Rules, or the expiration of the same period without any responsive pleading having
been filed, the court shall conduct a mandatory preliminary conference among the parties to consider:

(1) The simplification of issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining stipulations or admission of facts and of documents to avoid
unnecessary proof;

(4) The limitation of the number of witnesses;

(5) The nature of the testimonies of the witnesses and whether they relate to evidence aliunde the
ballots, or otherwise;

(6) The withdrawal of certain protested or counter-protested precincts (especially those where the
ballot boxes or ballots are unavailable or are missing and cannot be located or destroyed due to natural
disasters or calamities);

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

 (8) The procedure to be followed in case the election protest or counter-protest seeks, wholly or
partially, the examination, verification or re-tabulation of election returns; and

(9) Such other matters as may aid in the prompt disposition of the case.

SEC. 2. Notice through counsel. - The notice of preliminary conference shall be served on counsel or on the
party who has no counsel. Notice to counsel is notice to the party, as counsel is charged with the duty to
notify the party represented.

SEC. 3. Appearances of parties. - It shall be the duty of the parties and counsel to appear before the court in
person at the preliminary conference.

SEC. 4. Preliminary conference brief. - The parties shall file with the court and serve on the adverse party, in
such manner as shall ensure their receipt at least one day before the date of the preliminary conference,
their respective briefs which shall contain the following:

(1) A summary of admitted facts and proposed stipulation of facts;

(2) The issues to be tried or resolved;

(3) The pre-marked documents or exhibits to be presented, stating their purpose;

(4) A manifestation of their having availed or their intention to avail themselves of discovery
procedures or referral to commissioners;

(5) The number and names of the witnesses, their addresses, and the substance of their respective
testimonies. The testimonies of the witnesses shall be by affidavits in question-and-answer form as
their direct testimonies, subject to oral cross examination;

(6) A manifestation of withdrawal of certain protested or counter-protested precincts, if such is the

case;

(7) The proposed number of revision committees and names of their revisors and alternate
revisors; and

(8) In case the election protest or counter-protest seeks the examination, verification or re-tabulation
of election returns, the procedure to be followed.

SEC. 5. Failure to file brief. - Failure to file the brief or to comply with its required contents shall have the
same effect as failure to appear at the preliminary conference.

SEC. 6. Effect of failure to appear. - The failure of the protestant or counsel to appear at the preliminary
conference shall be cause for dismissal, motu proprio , of the protest or counter-protest. The failure of the
protestee or counsel to appear at the preliminary conference shall have the same effect as provided in Section
4(c), Rule 4 of these Rules, that is, the court may allow the protestant to present evidence ex parte and render
judgment based on the evidence presented.

SEC. 7. Preliminary conference order. - Within three days following the date of the preliminary conference,
the court shall issue an order summarizing the matters taken up and stipulations or agreements reached during
the conference. The court shall specify in the preliminary conference order when the revision of ballots will
commence, which shall be within five days from the termination of the preliminary conference.

RULE 10
REVISION OF BALLOTS

SECTION 1. Start of revision. - The revision of ballots shall commence on the date specified in the
preliminary conference order.

SEC. 2. Revision committee; under the supervision of the court. - There shall be constituted such number of
revision committees as may be necessary. Each revision committee shall be composed of a chairperson and
two members, one designated by the protestant and another designated by the protestee. The court shall
designate the chairperson from among its personnel. The parties shall also designate their respective substitute
revisors.

The revision committee shall conduct the revision in the court premises or at such other place as may be
designated by the court, in every case under its strict supervision.

The revisors shall discharge their duties with the highest degree of integrity, conducting the proceedings with
the same dignity and discipline as if undertaken by the court itself. They shall exercise extraordinary diligence
and take precautionary measures to prevent the loss, disappearance or impairment of the integrity(such as
marking or spoilage by any means) of the ballots and election documents.

SEC. 3. Compensation of the revisors. - The court shall fix the compensation of the revisors at Four Hundred
Pesos(P400.00) per ballot box for the chairperson and One Hundred Fifty Pesos (P150.00) per ballot box for
each party revisor. The party revisors shall be entitled to an additional per diem of Five Hundred Pesos
(P500.00) each per day. This compensation shall be chargeable against the cash deposit as provided for in
Section 2, Rule 7 of these Rules.

SEC. 4. Continuous revision. -

(a) Period for revision. - Revision shall be conducted from 8:30 o'clock in the morning to 12:00 noon
and from 1:30 to 4:30 o'clock in the afternoon from Monday to Friday, except on non-working
holidays. The revisors may take a fifteen-minute break in each session.

(b) Revision to continue even if a party revisor is absent or late. - The revision of ballots shall not be
delayed or postponed by reason of the absence or tardiness of a party revisor or substitute revisor, as
long as the chairperson and one party revisor are present. The court may at any time designate another
chairperson if the regular chairperson fails for any reason to report.

(c) If the revisor of the protestee is absent or late. - If the revisor of the protestee is absent or late for
thirty minutes and no alternate appears as a substitute, the revision shall, nevertheless, commence; the
protestee shall be deemed to have waived the right to appear and to object to the ballots in the precinct
or precincts scheduled for revision on that particular day.

(d) If the revisor of protestant or the revisors of both parties fail to appear. - If the revisor of the
protestant or the revisors of both parties and alternates fail to appear for no justifiable reason within
one hour after fixed hours from the start of the revision, the ballot boxes scheduled for revision on that
day, and the corresponding keys in the possession of the chairperson, shall be returned to the ballot
box custodian of the court and shall no longer be revised; it is understood that the parties waive their
right to revise the same, and the chairperson concerned shall state such facts in the corresponding
revision report.

SEC. 5. Prohibited access. - During the revision of ballots, no person other than the judge, the clerk of court,
the chairperson and the members of the revision committees, the parties and their duly authorized
representatives, shall have access to the revision area.

SEC. 6. Preparation and submission of revision report. - The committee shall prepare and submit to the court
a revision report per precinct stating the following:

(a) the precinct number;

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

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

(d) the condition and serial numbers of the following:

(1) ballot boxes;

(2) self-locking security metal or plastic seals(inner and outer) and padlocks of the ballot
boxes;

(3) security envelopes containing the election returns; and

 (4) numbered paper seal of the envelopes;

(e) the votes of the parties per ballot-box copy of the election returns and per the tally sheet/board
found inside the ballot box;

(f) the number of ballots objected to by the parties indicating therein the exhibit numbers;

(g) the grounds of objections;

(h) the number of stray ballots;

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

(j) the entries in the Minutes of Voting and Counting, particularly:

(1) the number of registered voters;

(2) the number of voters who actually voted;

(3) the number of official ballots together with their serial numbers used in the election;

(4) the number of ballots actually used indicating the serial numbers of the ballots; and

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

The revision forms shall be made available prior to revision. The per-precinct revision report shall be signed
and certified to by the chairperson and the revisors of the parties, and shall form part of the records of the case.
A copy of the required form for the revision report is hereto attached.

In addition to the per-precinct revision report, the revision committee shall also prepare and submit to the
court, within three days from termination of the revision, a committee report summarizing the data, votes,
ballot objections and claims, and significant observations made in the revision of ballots from the protested
precincts and later from the counter-protested precincts, if so conducted based on the provisions of Section 9
hereof. Each party furnished with a copy of the committee report may submit their comments thereon within a
non-extendible period of three days from notice.

SEC. 7. Order of revision. - Revision of ballots shall start with those from the protested precincts, subject to
the provisions of Section 9 hereof.

SEC. 8. Inquiry as to security markings and vital information relative to ballots and election documents. -
When a revision of ballots is ordered, and for the guidance of the revisors, the court shall inquire about the
security markings on the ballots and election documents from the Chairman, Commission on Elections, who
shall be obliged to indicate such markings and other vital information that may aid the court in determining the
authenticity of ballots and election documents. The parties shall be notified of the results of such inquiry.

SEC. 9. Post-revision determination of the merit or legitimacy of protest prior to revision of counter-
protest.- Immediately after the revision of ballots or the examination, verification or re-tabulation of election
returns in all protested precincts, the protestant shall be required to pinpoint a number of precincts,
corresponding to twenty percent of the total revised protested precincts, that will best attest to the votes
recovered or will best exemplify the frauds or irregularities pleaded in the protest. In the meanwhile, the
revision of ballots or the examination, verification or re-tabulation of election returns in the counter-protested
precincts shall be suspended for a period not exceeding fifteen days, during which the court shall determine
through appreciation of ballots or election documents the merit or legitimacy of the protest relative to the
twenty percent pinpointed precincts.

Based on the results of such post-revision determination, the court may dismiss the protest without further
proceedings, if and when no reasonable recovery was established from the twenty percent pinpointed precincts,
or proceed with revision of the ballots or the examination, verification or re-tabulation of election returns in the
counter-protested precincts. In the latter case, the protestee shall be required to pay the cash deposit within a
non-extendible period of three days from notice.
SEC. 10. Continuation of appreciation of ballots. - While the ballots or election documents from the counter-
protested precincts are being revised, the court shall continue with its appreciation of ballots from the
remaining revised eighty percent protested precincts and, once completed, shall proceed with the appreciation
of ballots from the counter-protested precincts.

RULE 11
TECHNICAL EXAMINATION

SECTION 1. Motion for technical examination; contents. - A party may move for the technical examination
within five days after completion of revision in the protest or counter-protest, except when it involves
allegation of massive substitute voting in the protest or counter-protest, specifying:

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

(b) The documents to be subjected to technical examination;

(c) The objections made in the course of the revision of ballots which the movant intends to
substantiate with the results of the technical examination; and

(d) The ballots covered by such objections.

SEC. 2. Technical examination; time limits. - The court may grant the motion for technical examination at its
discretion and under such conditions it may impose. If the motion is granted, the technical examination shall
start within five days from notice to both parties and shall be completed within the period specified by the
court, in no case to exceed twenty successive working days, unless the court grants an extension based on
exceptionally meritorious ground. A party may attend the technical examination, either personally or through a
representative. However, the technical examination shall proceed with or without the attendance of the party,
provided due notice has been given to the party.

The expenses for technical examination shall be for the account of the party requesting the examination and
under the supervision of the clerk of court.

SEC. 3. Experts; who shall provide. - Experts necessary for the conduct of technical examination shall be
provided by the party requesting the same and may come from the National Bureau of Investigation, the
Philippine National Police(PNP) Crime Laboratory, the Commission on Elections, or experts in private
practice. The other party may secure the services of an expert who may only observe, not interfere with, the
examination conducted by the experts of the movant.

RULE 12
PHOTOCOPYING OF BALLOTS

SECTION 1. Photocopying simultaneous with revision. - On motion of a party, the court may allow the
photocopying of ballots and election documents, upon such terms and conditions as it may impose. The
photocopying, if allowed, must start at the commencement of revision and, as far as practicable, must be
completed simultaneously with the termination of revision.

SEC. 2. Where conducted; parties to provide own photocopying units. - Photocopying shall be done within
the premises of the court, near the revision area, and shall be under the supervision of the clerk of court. The
party concerned shall provide an efficient photocopying unit and shall bear all expenses relative thereto.

RULE 13
PRESENTATION OF EVIDENCE

SECTION 1. Presentation and reception of evidence; order of hearing. - If at the preliminary conference the
parties have agreed on issues aliunde the ballots or other election documents (e.g., vote-buying, fraud,
terrorism or violence), the reception of evidence on the issues, including the testimonies of witnesses, shall be
done simultaneously with the revision of ballots.

The reception of evidence on all other matters or issues incidental to or interwoven with the ballots and related
election documents shall be made upon completion of (a) the revision of ballots or election documents, or (b)
the technical examination, if allowed by the court under the provisions of Rule 11 of these Rules.
Reception of evidence shall be made in accordance with the following order of hearing:

(1) The protestant or petitioner shall present evidence in support of the protest or petition;

(2) The protestee or respondent shall then adduce evidence in support of the defense, counterclaim or
counter-protest, if any;

(3) The parties may then respectively offer rebutting evidence only, unless the court for good reasons,
in the furtherance of justice, permits them to offer evidence upon their original case; and

(4) No sur-rebuttal evidence shall be allowed.

In offering testimonial evidence, the party shall require the proposed witness to execute an affidavit which
shall be considered as the direct testimony, subject to the right of the adverse party to object to its inadmissible
portions and to orally cross-examine the witness. The affidavit shall be based on personal knowledge, shall set
forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to
testify on the matters stated therein. The affidavit shall be in question-and-answer form. The affidavit shall be
submitted to the court and served on the adverse party at least three days before the hearing. Failure to submit
the affidavit of a witness within the specified time shall constitute a waiver of the party's right to present
testimonial evidence.

The one-day-cross-examination-of-witness rule, that is, a witness has to be fully cross-examined in one day
only shall be strictly adhered to. The court, at its discretion, may extend the cross-examination for justifiable
reasons.

The revision reports, as well as the objected and claimed ballots referred to therein, shall automatically form
part of court records and may be adopted by the parties as their evidence.

SEC. 2. Offer of evidence. - The court shall consider no evidence that has not been formally offered. Offer of
evidence shall be done orally on the last day of hearing allowed for each party after the presentation of the last
witness. The opposing party shall be required to immediately interpose objections thereto. The court shall rule
on the offer of evidence in open court. However, the court may, at its discretion, allow the party to make an
offer of evidence in writing, which shall be submitted within three days. If the court rejects any evidence
offered, the party may make a tender of the excluded evidence.

SEC. 3. Reception of evidence continuous. - Reception of evidence, once commenced, shall continue from
day to day as far as practicable until terminated. In no case shall the entire period for reception of evidence
exceed ten successive days for each party from the first day of such reception, unless authorized by the
Supreme Court.

SEC. 4. Adjournments and postponements. - No motion for postponement shall be allowed, except for clearly
meritorious reasons, in no case to exceed three times of three calendar days interval each. The filing of dilatory
pleadings or motions shall constitute direct contempt of court and shall be punished accordingly.

SEC. 5. Burden of proof. - Burden of proof is the duty of a party to present evidence of the facts in issue,
necessary to establish one's claim or defense.

SEC. 6. Disputable presumptions. - The following presumptions are considered as facts, unless contradicted
and overcome by other evidence:

(a) On the election procedure:

(1) The election of candidates was held on the date and time set and in the polling place
determined by the Commission on Elections;

(2) The Boards of Election Inspectors were duly constituted and organized;

(3) Political parties and candidates were duly represented by pollwatchers;

(4) Pollwatchers were able to perform their functions; and

 (5) The Minutes of Voting and Counting contains all the incidents that transpired before the
Board of Election Inspectors.

(b) On election paraphernalia:

(1) Ballots and election returns that bear the security markings and features prescribed by the
Commission on Elections are genuine;

(2) The data and information supplied by the members of the Boards of Election Inspectors in
the accountable forms are true and correct; and

(3) The allocation, packing and distribution of election documents or paraphernalia were
properly and timely done.

(c) On appreciation of ballots:

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

(2) The ballot reflects the intent of the voter;

(3) The ballot is properly accomplished;

(4) A voter personally prepared one ballot, except in the case of assistors; and

(5) The exercise of one's right to vote was voluntary and free.

SEC. 7. Submission of memoranda. - The court may allow the parties to submit their respective memoranda
within a non-extendible period of ten days from the verbal ruling of the court on the last offer of exhibits; or, if
the offer was made in writing, within ten days from receipt of the written ruling of the court. No supplemental,
reply or rebuttal memorandum shall be allowed.

RULE 14
DECISION

SECTION 1. Rendition of decision. - The court shall decide the election contest within thirty days from the
date it is submitted for decision, in no case beyond six months after its filing, unless the Supreme Court
authorizes an extension in writing. Failure to comply herewith shall be considered a serious offense and shall
be ground for disciplinary action against the judge. In addition, after the expiration of six months, the judge
shall be relieved of all duties and functions, except to decide the election case.

An election protest is deemed submitted for decision after completion of the reception of evidence or, if the
parties were allowed to submit memoranda, upon submission of such memoranda or the expiration of the
period for their filing, whichever is earlier. In an election protest, the winner shall be the candidate who
obtained the plurality of the valid votes cast.

SEC. 2. Form of decision in election protests. - After termination of the revision of ballots and before
rendering its decision in an election protest that involved such revision, the court shall examine and appreciate
the original ballots. The court, in its appreciation of the ballots and in rendering rulings on objections and
claims to ballots of the parties, shall observe the following rules:

(a) On Marked Ballots - The court must specify the entries in the ballots that clearly indicate that the
intention of the voter is to identify the ballot. The specific markings in the ballots must be illustrated
or indicated;

(b) On Fake or Spurious Ballots - The court must specify the COMELEC security markings that are
not found in the ballots that are considered fake or spurious;

(c) On Stray Ballots - The court must specify and state in detail why the ballots are considered stray;

(d) On Pair or Group of Ballots Written by One or Individual Ballots Written By Two - When ballots
are invalidated on the ground of written by one person, the court must clearly and distinctly specify
why the pair or group of ballots has been written by only one person. The specific strokes, figures or
 letters indicating that the ballots have been written by one person must be specified. A simple ruling
that a pair or group of ballots has been written by one person would not suffice. The same is true when
ballots are excluded on the ground of having been written by two persons. The court must likewise
take into consideration the entries of the Minutes of Voting and Counting relative to illiterate or
disabled voters, if any, who cast their votes through assistors, in determining the validity of the ballots
found to be written by one person, whether the ballots are in pairs or in groups; and

(e) On Claimed Ballots - The court must specify the exact basis for admitting or crediting claimed
votes to either party.

SEC. 3. Several judgments. - In a protest or petition against several protestees or respondents, the court may,
when a several judgment is proper, render judgment against one or more of them, leaving the protest or
petition to proceed against the others.

SEC. 4. Promulgation of decision. - The decision signed by the presiding judge shall be promulgated by the
reading of the dispositive portion in open court and its filing with the clerk of court, on a date set with due
notice to the parties, or through delivery of a copy of the signed decision to the clerk of court who shall
forthwith indicate the date of rendition and cause true copies thereof to be served, personally or by registered
mail, upon the counsel or the parties, if not represented by counsel.

SEC. 5. Finality of decision. - The decision of the court shall become final and executory five days after filing
with the clerk of court and receipt of notice by the parties.

SEC. 6. Entry of judgment. - If no appeal is filed within the time provided in these Rules, the judgment shall
be entered by the clerk in the book of entries of judgments. The date of finality of the judgment shall be the
date of its entry. The record shall contain the dispositive part of the judgment and shall be signed by the clerk,
with a certificate that such judgment has become final and executory.

SEC. 7. Notice of final decision. - As soon as the decision becomes final, the clerk of court shall send notices
to the Commission on Elections, the Department of the Interior and Local Government, and the Commission
on Audit.

SEC. 8. Appeal. - An aggrieved party may appeal the decision to the Commission on Elections, within five
days after promulgation, by filing a notice of appeal with the court that rendered the decision, with copy served
on the adverse counsel or party if not represented by counsel.

SEC. 9. Appeal fee. - The appellant in an election contest shall pay to the court that rendered the decision an
appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal.

SEC. 10. Immediate transmittal of records of the case. - The clerk of court shall, within fifteen days from the
filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department, Commission on
Elections, the complete records of the case, together with all the evidence, including the original and three
copies of the transcript of stenographic notes of the proceedings.

SEC. 11. Execution pending appeal. - On motion of the prevailing party with notice to the adverse party, the
court, while still in possession of the original records, may, at its discretion, order the execution of the decision
in an election contest before the expiration of the period to appeal, subject to the following rules:

(a) There must be a motion by the prevailing party with three-day notice to the adverse party.
Execution pending appeal shall not issue without prior notice and hearing. There must be good
reasons for the execution pending appeal. The court, in a special order, must state the good or special
reasons justifying the execution pending appeal. Such reasons must:

(1) constitute superior circumstances demanding urgency that will outweigh the injury or
damage should the losing party secure a reversal of the judgment on appeal; and

(2) be manifest, in the decision sought to be executed, that the defeat of the protestee or the
victory of the protestant has been clearly established.

(b) If the court grants an execution pending appeal, an aggrieved party shall have twenty working days
from notice of the special order within which to secure a restraining order or status quo order from the
Supreme Court or the Commission on Elections. The corresponding writ of execution shall issue after
 twenty days, if no restraining order or status quo order is issued. During such period, the writ of
execution pending appeal shall be stayed.

SEC. 12. Jurisdiction of the Commission on Elections in certiorari cases. - The Commission on Elections
has the authority to issue the extraordinary writs of certiorari, prohibition and mandamus only in aid of its
appellate jurisdiction over decisions of the courts in election cases involving elective municipal and barangay
officials.

SEC. 13. Preferential disposition of election contests. - The courts shall give preference to election contests
over all other cases, except habeas corpus.

RULE 15
COSTS, DAMAGES AND ATTORNEY'S FEES

SECTION 1. Costs; when allowed. - Costs shall be allowed to the prevailing party as a matter of course. The
court shall have the power, for special reasons, to apportion the costs, as may be equitable. The court may
render judgment for costs if a protest, a counter-protest or a petition for quo warranto is dismissed. When a
protest, a counter-protest or a petition for quo warranto is found to be frivolous, double or treble costs may be
imposed on the protestant, the counter-protestant or the petitioner.

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

RULE 16
TRANSITORY PROVISION

SECTION 1. Applicability. - These Rules shall apply to election protests and petitions for quo warranto that
remain pending and undetermined after their effectivity.

RULE 17
FINAL PROVISIONS

SECTION 1. Repealing clause. - All rules, resolutions, regulations or circulars of the Supreme Court or parts
thereof that are inconsistent with any provision of these Rules are hereby deemed repealed or modified
accordingly.

Rules 35 and 36 of the 1993 COMELEC Rules of Procedure governing election contests and quo
warranto cases before the trial courts are deemed superseded by these Rules.

SEC. 2. Effectivity clause. - These Rules shall take effect on May 15, 2007 following their publication in two
newspapers of general circulation in the Philippines not later than May 3, 2007.