COMELEC RULES OF PROCEDURE

February 15, 1993 Rule 2 - Powers of the Commission

Pursuant to Section 6 of Article IX-A and Section 3 of Article Section 1. Express Powers. - In the performance of its
IX-C of the Constitution of the Republic of the administrative, quasi-judicial and judicial functions, the
Philippines and the powers vested in it by existing laws, the Commission shall exercise all such powers and functions as
Commission on Elections hereby promulgates the following are expressly vested upon it by the Constitution and by
rules governing pleadings, practice and procedure before it or law.chanrobles virtual law library
any of its offices: Sec. 2. Implied Powers. - The Commission shall likewise
exercise such powers as are implied in or are necessary to the
PART I effective exercise of its express powers.chanrobles virtual law
INTRODUCTORY PROVISIONS library
Sec. 3. Inherent Powers. - When performing its constitutional
Rule 1 - Title and Construction or statutory functions, the Commission shall have inherent
power to:
Section 1. Title of the Rules. - These rules shall be known and (a) Preserve and enforce order in its immediate presence;
cited as the Comelec Rules of Procedure.chanrobles virtual (b) Enforce order in proceedings before it or before any of its
law library offices or officials empowered to conduct investigation under
Sec. 2. Applicability. - These rules, except Part VI, shall apply its authority.chanrobles virtual law library
to all actions and proceedings brought before the Commission. (c) Compel obedience to its judgments, orders and processes;
Part VI shall apply to election contests and quo warranto cases (d) Control its ministerial officers and all other persons in any
cognizable by courts of general jurisdiction.chanrobles virtual manner connected with a case before it, and in every manner
law library appertaining thereto;
Sec. 3. Construction. - These rules shall be liberally construed (e) Compel the attendance of persons to testify in a case
in order to promote the effective and efficient implementation pending before it;
of the objectives of ensuring the holding of free, orderly, (f) Administer or cause to be administered oaths in a case
honest, peaceful and credible elections and to achieve just, pending before it, and in all other cases where it may be
expeditious and inexpensive determination and disposition of necessary in the exercise of its powers;
every action and proceeding brought before the (g) Amend and control its processes and orders so as to make
Commission.chanrobles virtual law library them conformable to law and justice;
Sec. 4. Suspension of the Rules. - In the interest of justice and (h) Authorize a copy of a lost or destroyed pleading or other
in order to obtain speedy disposition of all matters pending paper to be filed and used instead of the original, and to
before the Commission, these rules or any portion thereof may restore, and supply deficiencies in its records and
be suspended by the Commission.chanrobles virtual law proceedings.chanrobles virtual law library
library Sec. 4. Means to Effect Jurisdiction. - All auxiliary writs,
Sec. 5. Meaning of Words. - Whenever used in these Rules, processes and other means necessary to carry into effect its
the following words or terms shall mean: powers or jurisdiction may be employed by the Commission;
(a) Commission - the Commission on Elections and if the procedure to be followed in the exercise of such
(b) Division - a Division of the Commission on Elections power or jurisdiction is not specifically provided for by law or
(c) Chairman - the Chairman of the Commission on Elections these rules, any suitable process or proceeding may be
(d) Commissioner - a Commissioner of the Commission on adopted.chanrobles virtual law library
Elections Sec. 5. Powers and Duties of the Chairman. - The powers and
(e) Member - the Chairman or a Commissioner duties of the Chairman of the Commission when discharging
(f) Ordinary Actions - shall refer to Election Protests, Quo his functions in actions or proceedings before the Commission
warranto, and Appeals from decisions of courts in election are as follows:
protest cases (a) To issue calls for the sessions of the Commission;
(g) Special Actions - shall refer to Petitions to deny course to (b) To preside over the sessions of the Commission; and to act
certificate of candidacy, to declare a candidate as a nuisance as Presiding Commissioner of a Division when expressly
candidate, to disqualify a candidate or to postpone or suspend authorized in these Rules;
an election (c) To designate any of the Commissioners to preside over
(h) Special Cases - shall refer to Pre-proclamation cases sessions of the Commissions en banc in the event of his
(i) Special Reliefs - shall refer to Certiorari, Prohibition, absence, disqualification or inhibition;
Mandamus and Contempt (d) To preserve order and decorum during the session;
(j) Provisional Remedies - shall refer to injunction and/or (e) To decide all questions of order, subject to appeal to the
restraining order Commission en banc;
(k) Special Proceedings - shall refer to annulment of (f) To enforce orders, resolutions, and decisions of the
permanent list of voters, registration of political parties and Commission and the Divisions;
accreditation of citizens' arms of the Commission.chanrobles (g) To sign interlocutory resolution, orders or rulings and
virtual law library temporary restraining orders of the Commission in cases not
yet assigned to the Divisions;
PART II (h) To take such other measures as he may deem proper upon
POWERS OF THE COMMISSION AND consultation with the other members of the Commission; and
TRANSACTION OF BUSINESS
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(i) To exercise such other powers as are vested upon him by which shall be resolved by the division which issued the
law or by specific provisions of these Rules.chanrobles virtual order.chanrobles virtual law library
law library Sec. 6. Change in Composition; Substitution. - The
Sec. 6. Powers and Duties of the Presiding Commissioner. - composition of a Division may be changed by the Chairman of
The powers and duties of the Presiding Commissioner of a the Commission whenever necessary, Provided that no change
Division when discharging its functions in cases pending shall be made more than once every three (3) months;
before the Division shall be as follows: Provided Moreover, that notice thereof in writing shall be
(a) To issue calls for the sessions of the Division; furnished the parties in cases pending before the Division
(b) To preside over the sessions of the Division; concerned.chanrobles virtual law library
(c) To preserve order and decorum during the sessions of the Whenever there is a vacancy in a Division because a member
Division; inhibits himself, is absent, or is disqualified from sitting in a
(d) To sign interlocutory resolutions, orders or rulings and case, or when a division has only two (2) regular members, the
temporary restraining orders in cases already assigned to the Chairman may appoint a substitute Commissioner, or the
Division; Chairman himself may sit as substitute or third member, and
(e) To decide all questions of order, subject to appeal to the in that event he shall preside.chanrobles virtual law library
full Division; and Sec. 7. Sessions. - The Commission or the Divisions shall hold
(d) To take such other measures as he may deem proper upon sessions on such days and time as it may specify at the session
consultation with the other members of the hall of the Commission, or at such other places in the
Division.chanrobles virtual law library Philippines as it may designate.chanrobles virtual law library
Sec. 8. Assignment of Cases. - The assignment of cases of the
Rule 3 - How the Commission Transacts Business two (2) Divisions herein constituted shall be done strictly
through raffle to be conducted regularly by the Chairman of
Section 1. How Business is Transacted. - In the exercise of its the Commission in the presence of at least a majority of the
Constitutional or statutory powers, functions, and duties, the Commissioner; Provided, That the assignment of cases shall
Commission may sit en banc or in to Divisions.chanrobles be made as evenly as possible.chanrobles virtual law library
virtual law library Sec. 9. Consolidation of Cases. - When an action or
Sec. 2. The Commission En Banc. - The Commission shall sit proceeding involves a question of law and fact which is
en banc in cases hereinafter specifically provided, or in pre- similar to or common with that of another action or
proclamation cases upon a vote of a majority of the members proceeding, the same may be consolidated with the action or
of the Commission, or in all other cases where a division is not proceeding bearing the lower docket number.chanrobles
authorized to act, or where, upon a unanimous vote of all the virtual law library
Members of a Division, an interlocutory matter or issue
relative to an action or proceeding before it is decided to be Rule 4 - Disqualification and Inhibition
referred to the Commission en banc.chanrobles virtual law
library Section 1. Disqualification or Inhibition of Members. - (a) No
Sec. 3. The Commission Sitting in Divisions. - The Member shall sit in any case in which he or his spouse or child
Commission shall sit in two (2) Divisions to hear and decide is related to any party within the sixth civil degree or
protests or petitions in ordinary actions, special actions, consanguinity or affinity, or to the counsel of any of the
special cases, provisional remedies, contempt, and special parties within the fourth civil degree of consanguinity or
proceedings except in accreditation of citizen's arms of the affinity, or in which he has publicly expressed prejudgment as
Commission.chanrobles virtual law library may be shown by convincing proof, or in which the subject
Sec. 4. Composition of a Division. - Each Division shall be thereof is a decision promulgated by him while previously
composed of three Commissioners, one of whom shall be the serving as presiding judge of an inferior court, without the
Presiding Commissioner. The Commission en banc shall written consent of all the parties, signed by them and entered
determine who shall compose a Division.chanrobles virtual in the records of the case; Provided, that no Member shall be
law library the "ponente" of an en banc decision/resolution on a motion to
Sec. 5. Quorum; Votes Required. - (a) When sitting en banc, reconsider a decision/resolution written by him in a
four (4) Members of the Commission shall constitute a Division.chanrobles virtual law library
quorum for the purpose of transacting business. The (b) If it be claimed that a Member is disqualified from sitting
concurrence of a majority of the Members of the Commission as above provided, the party raising the issue may, in writing,
shall be necessary for the pronouncement of a decision, file his objection with the Commission, stating the grounds
resolution, order or ruling.chanrobles virtual law library therefor. The member concerned shall either continue to
(b) When sitting in Division, two (2) Members of a Division participate in the hearing or withdraw therefrom, in
shall constitute a quorum to transact business. The accordance with his determination of the question of his
concurrence of at least two (2) Members of a Division shall be disqualification. His decision thereon shall forthwith be made
necessary to reach a decision, resolution, order or ruling. If in writing and filed with the Commission for proper notation
this required number is not obtained, the case shall be and with the records of the case. No appeal or stay shall be
automatically elevated to the Commission en banc for decision allowed from, or by reason of, his decision in favor of his own
or resolution.chanrobles virtual law library competency until after final judgment in the case.chanrobles
(c) Any motion to reconsider a decision, resolution, order or virtual law library
ruling of a Division shall be resolved by the Commission en (c) A Member may, in the exercise of his sound discretion,
banc except motions on interlocutory orders of the division inhibit himself from sitting in a case for just or valid reasons

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other than those mentioned above.chanrobles virtual law or other relief as may be deemed just or equitable.chanrobles
library virtual law library
Sec. 2. Disqualification Resulting in Lack of Quorum. - If the Sec. 2. Commencement of Action by the Commission. - In
disqualification or inhibition of a Member should result in a cases where the Commission is authorized to initiate motu
lack of quorum in the Commission sitting en banc, the proprio an action or proceeding, the Commission shall issue
Presiding Justice of the Court of Appeals, upon request of the an order for hearing reciting therein the purpose for which the
Commission, shall designate a Justice of said Court to sit in hearing is being called for and a concise statement of facts
said case for the purpose of hearing and rendering a decision giving rise thereto. Copies of such order shall be served upon
thereon.chanrobles virtual law library persons or registered political parties, organizations or
coalition of political parties known to have an interest in the
PART III matter or who may be affected thereby, and published in a
INITIATION OF ACTIONS OR PROCEEDINGS newspaper of general circulation in the Philippines at least ten
BEFORE THE COMMISSION (10) days before the scheduled date of hearing.chanrobles
virtual law library
Rule 5. - Parties to Actions or Proceedings
Rule 7 - Pleadings
Section 1. Applicability. - the Rules under Part III shall apply
to all actions and proceedings hereinafter provided Section 1. Filing of Pleadings. - Every pleading, motion and
for.chanrobles virtual law library other papers must be filed in ten (10) legible copies. However,
Sec. 2. Who may be Parties. - Only natural or juridical persons when there is more than one respondent or protestee, the
or entities duly authorized by law, such as a voter, a candidate, petitioner or protestant must file additional number of copies
or registered political parties, organization or coalition of of the petition or protest as there are additional respondents or
political parties, including parties or organizations under the protestees.chanrobles virtual law library
party-list system, and any such person permitted by these Sec. 2. How Filed. - The documents referred to in the
Rules to bring an action or proceeding may be parties in any immediately preceding section must be filed directly with the
action or proceeding before the Commission.chanrobles proper Clerk of Court of the Commission personally, or,
virtual law library unless otherwise provided in these Rules, by registered mail.
Sec. 3. Parties in Interest. - All actions filed with the In the latter case, the date of mailing is the date of filing and
Commissioner must be prosecuted and defended in the name the requirement as to the number of copies must be complied
of the real party in interest.chanrobles virtual law library with.chanrobles virtual law library
Sec. 4. Designation of Parties. - A person qualified to be a Sec. 3. Form of Pleadings, etc. - (a) All pleadings allowed by
party under Sec. 2 of this Rule seeking relief shall be referred these Rules shall be printed, mimeographed or typewritten on
to as Petitioner or Protestant. Any person who claims interest legal size bond paper and shall be in English or
adverse to the petitioner or protestant or against whom a claim Filipino.chanrobles virtual law library
or interest is directed by the petitioner or protestant, shall be (b) Protests or petitions in ordinary actions, special actions,
referred to as the Respondent or Protestee.chanrobles virtual special cases, special reliefs, provisional remedies, and special
law library proceedings, as well as counter-protests, counter-petitions,
Sec. 5. Class Suit. - When the subject matter of the interventions, motions for reconsideration, and appeals from
controversy is one of common or general interest to many rulings of board of canvassers shall be verified. All answers
persons, and the parties are so numerous that it is shall be verified.chanrobles virtual law library
impracticable to bring them all before the Commission, one or (c) A pleading shall be verified only by an affidavit stating
more may sue or defend for the benefit of all. But in such case, that the person verifying the same has read the pleading and
the Commission shall make sure that the parties actually that the allegations therein are true of his own knowledge.
before it are sufficiently numerous and representative so that Verifications based on "information or belief" or upon
all interests concerned are fully protected. Any party in "knowledge", "information" or "belief" shall be deemed
interest shall have a right to intervene to protect his individual insufficient.chanrobles virtual law library
interest.chanrobles virtual law library (d) Each pleading shall contain a captain setting forth the
Sec. 6. Compulsory Joinder of Indispensable Parties. - Parties name of the Commission, the title of the case, the docket
in interest without whom no final determination of an action number and the designation of the pleading. When an action or
can be had shall be joined either as petitioner or protestant or proceeding has been assigned to a Division, the caption shall
respondent or protestee.chanrobles virtual law library set forth the name of the Division.chanrobles virtual law
library
Rule 6 - Commencement of Action or Proceedings Sec. 4. Docket and Assignment of Numbers. - Upon the Filing
of a protest or petition, the Clerk of Court of the Commission
Sec. 1. Commencement of Action or Proceedings by Parties. - concerned shall docket the same and assign to it a docket
Any natural or juridical person authorized by these rules to number. The numbering must be consecutive according to the
initiate any action or proceeding shall file with the date it is filed, must bear the year, and prefixed as follows:
Commission a protest or petition alleging therein his personal (a) EPC - for Ordinary Actions
circumstances as well as those of the protestee or respondent, (b) EAC - for Appealed Cases
the jurisdictional facts, and a concise statement of the ultimate (c) SPA - for Special Actions
facts constituting his cause or causes of action and specifying (d) SPC - for Special Cases
the relief sought. He may add a general prayer for such further (e) SPR - for Special Reliefs
(f) SPP - for Special Proceedings
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(g) EO - for Election Offenses the time therefor.chanrobles virtual law library
Sec. 5. Non-acceptance of Pleading. - No pleading shall be
accepted by the Commission unless it conforms to the formal Rule 10 - Periods for Pleading
requirement provided herein.chanrobles virtual law library
Section 1. Title to Answer. - Unless otherwise provided in
Rule 8 - Intervention these Rules, (a) In ordinary actions, special reliefs, and special
proceedings, the answer must be filed within five (5) days
Section 1. When Proper and Who may be Permitted to from service of summons and a copy of the petition; and
Intervene. - Any person allowed to initiate an action or (b) In special actions and special cases, the answer must be
proceeding may, before or during the trial of an action or filed within three (3) days from service of summon and a copy
proceeding, be permitted by the Commission, in its discretion, of the petition.chanrobles virtual law library
to intervene in such action or proceeding, if he has legal Sec. 2. Answer to Amended Protest or Petition. - If the protest
interest in the matter in litigation, or in the success of either of or petition is amended, the time fixed for the filing and service
the parties, or an interest against both, or when he is so of the answer shall, unless otherwise ordered, run from receipt
situated as to be adversely affected by such action or of the notice of the order admitting the amended protest or
proceeding.chanrobles virtual law library petition or from service of such amended protest or petition.
Sec. 2. Motion for Intervention. - A person desiring to An answer filed before the amendment shall stand as an
intervene shall file a motion for leave of the Commission or answer to the amended protest or petition, unless a new one is
the Division with notice upon all the parties to the filed within five (5) days from notice or service as herein
action.chanrobles virtual law library provided.chanrobles virtual law library
Sec. 3. Discretion of Commission. - In allowing or disallowing Sec. 3. Answer to Counter-Protest or Counterclaim. - A
a motion for intervention, the Commission or the Division, in counter-protest, or a counterclaim when appropriate, must be
the exercise of its discretion, shall consider whether or not the filed within five (5) days from the date of service thereof upon
intervention will unduly delay or prejudice and adjudication of the protestant or petitioner.chanrobles virtual law library
the rights of the original parties and whether or not the Sec. 4. Period of Intervene and Time to Answer Intervention. -
intervenor's rights may be fully protected in a separate action Whenever intervention is allowed the same must be filed
or proceeding.chanrobles virtual law library within five (5) days from receipt of the order permitting the
Sec. 4. Protest/Petition or Answer in Intervention. - The intervention, unless a different period is fixed by the
intervention shall be made by protest or petition filed and Commission or Division.chanrobles virtual law library
served in due form, and may be answered as if it were an Sec. 5. Reply. - Unless otherwise provided in these Rules, a
original protest or petition; but where intervenor unites with reply may be filed within five (5) days from receipt of the
the protestee or respondent in resisting the claims of protestant answer.chanrobles virtual law library
or petitioner, the intervention may be made in the form of an Sec. 6. Extension of Time to Plead. - Unless otherwise
answer to the protest or petition.chanrobles virtual law library provided in these Rules, the time to plead may be extended by
the Commission upon motion and on such terms as it may
Rule 9 - Amended and Supplemental Pleadings deem just.chanrobles virtual law library

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 Rule 11 - Motions
pleading is one to which no responsive pleading is permitted
and the action has not been placed upon the trial calendar, he Section 1. Motions Defined. - Every applications for an order
may so amend it at any time within five days after it is not included in a decision of the Commission or a Division
served.chanrobles virtual law library may be called a motion.chanrobles virtual law library
Sec. 2. Amendments Only by Leave. - After the case is set for Sec. 2. Motions Must be in Writing. - All motions shall be in
hearing, substantial amendments may be made only upon writing, except motions for continuance made in the presence
leave of the Commission or the Division, as the case may be. of the adverse party, or those made in the course of a hearing
Such leave may be refused if it appears to the Commission or or trial.chanrobles virtual law library
the Division that the motion was made with intent to delay the Sec. 3. Contents of Motions. - A motion shall state the order
action or that the cause of action or defense is substantially sought to be obtained and the grounds upon which it is
altered. Orders of the Commission or the Division upon the based.chanrobles virtual law library
matters provided in this section shall be made upon motion Sec. 4. Notice. - Notice of a motion shall be served by the
duly filed, and after the adverse the party has been notified movant to all parties concerned, at least three (3) days before
and afforded an opportunity to be heard.chanrobles virtual law the hearing thereof, together with a copy of the motion. For
library good cause shown, the motion may be heard on shorter notice,
Sec. 3. Matters Subject of Supplemental Pleadings. - Upon especially on matters which the Commission or the Division
motion of a party the Commission or a Division, as the case may dispose of on its own motion.chanrobles virtual law
may be, may, upon notice and upon such terms as are just, library
permit him to serve a supplemental pleading setting forth The notice shall be directed to the parties concerned and shall
transactions, occurrences or events which have happened since state the time and place of the hearing of the
the date of the pleading sought to be supplemented. If the motion.chanrobles virtual law library
Commission or the Division deems it advisable that the Sec. 5. Proof of Service. - No motion shall be acted upon by
adverse party should plead thereto, it shall so order, specifying the Commission without proof of service of notice thereof,
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except when the Commission or a Division is satisfied that the
rights of the adverse party or parties are not PART IV
affected.chanrobles virtual law library DISPOSITION OF ACTIONS OR PROCEEDINGS
Sec. 6. No oral Arguments for Motions. - No oral argument Rule 14 - Summons
shall be heard in support of motions unless, for special
reasons, the Commission or a Division directs Section 1. Clerk to Issue Summons. - Unless otherwise
otherwise.chanrobles virtual law library provided herein, the Clerk of Court of the Commission or the
Sec. 7. Motion Day. - The first hours of the session of the division concerned shall issue the corresponding summons to
Commission en banc or of the division shall be devoted to the protestee or respondent within three (3) days following the
hearings of motions.chanrobles virtual law library filing of a protest or petition in ordinary actions except appeals
Sec. 8. Omnibus Motion. - A motion assailing a pleading or a from decisions of courts in election protest cases, in special
proceeding shall include all objections then available, and all actions, special cases, special reliefs, and in special
objections not so included shall be deemed waived.chanrobles proceedings.chanrobles virtual law library
virtual law library Sec. 2. Contents. - Summons shall be directed to the protestee
or respondent, signed by the Clerk of Court of the
Rule 12 - Service and Filing of Pleadings and Other Papers Commission or the division concerned under the seal of the
Commission, and shall contain (a) the name of the
Section 1. Filing with the Commission. - The Filing of Commission or its Division and the names of the parties; (b) a
pleadings, appearances, motions, notices, and other papers direction that the protestee or respondent shall answer within
with the Commission as required by these rules shall be made the time fixed by these Rules.chanrobles virtual law library
by filing them personally or through a duly authorized A copy of the protest or petition shall be attached to the
representative with the appropriate Clerk of Court of the original and to each copy of the summons.chanrobles virtual
Commission, or by registered mail except in a special action to law library
declare a candidate as a nuisance candidate. If filed personally Sec. 3. Issuance of Other Summons. - If a summons is
or by a duly authorized representative, the Clerk of Court shall returned without being served on any of the protestees or
stamp on the pleading the date and hour of filing. It filed by respondents, or if it has been lost, the Clerk of Court
registered mail, the date of the mailing of motions, pleadings, concerned, on demand of the protestant or petitioner, may
or other papers or payments or deposits, as shown by the post issue another summons as the case may require, in the same
office stamp on the envelope or the registry receipt, shall be form as the original.chanrobles virtual law library
considered as the date of their filing, payment or deposit with Sec. 4. By Whom Summons May be Served. - The summons
the Commission. The envelope shall be attached to the records may be served by personal service or by mail. Personal service
of the case.chanrobles virtual law library may be made by a bailiff of the Commission or the division or
Sec. 2. Papers to be Filed and Served. - Orders required to be upon request of the Commission or a Division, by the sheriff
served, pleadings subsequent to a petition or protest, written of any court in the place where the parties to be served reside;
motions other than those which may be heard ex-parte, and or for special reasons, by any person especially authorized by
written notices, appearances, demand or offer of judgment or the Commission or a Division.chanrobles virtual law library
similar papers shall be filed with the Commission and served Sec. 5. Return. - When the service has been completed by
upon the parties affected thereby. If any of the parties has personal service, the server shall give notice thereof, by
appeared by an attorney or attorneys, service shall be made registered mail, to the protestant or petitioner or his counsel
upon his attorney or upon any of his attorneys, unless service and shall return the summons to the Clerk of Court concerned
upon the party himself is ordered by the Commission or who issued it, accompanied with the proof of
Division. Where one attorney appears for several parties, he service.chanrobles virtual law library
shall be entitled to only one copy of any paper served upon Sec. 6. Proof of Service. - Proof of service of summons shall
him by the opposite side.chanrobles virtual law library be made in the manner provided for in the Rules of Court in
Sec. 3. Mode, Completion and Proof of Service. - Service of the Philippines.chanrobles virtual law library
pleadings, motions, notices, orders or judgment and other
papers, the completeness thereof, and proof of such service Rule 15 - Pre-Trial
shall be made in the manner prescribed by the Rules of Court
of the Philippines.chanrobles virtual law library Section 1. Purpose of Pre-Trial. - At the discretion of the
Commission or the Division, the parties and their attorneys
Rule 13 - Prohibited Pleadings may be required to appear before it for a pre-trial conference
to consider:
Section 1. What Pleadings are not Allowed. - The following (a) The simplification of issues;
pleadings are not allowed: (b) The possibility of obtaining admission of facts and of
(a) motion to dismiss; documents to avoid unnecessary proof;
(b) motion for a bill of particulars; (c) The limitation of the number of witnesses; and
(c) motion for extension of time to file memorandum or brief; (d) Such other matters as may be aid in the prompt disposition
(d) motion for reconsideration of an en banc ruling, resolution, of the action or proceeding.chanrobles virtual law library
order or decision except in election offense cases; This rule shall not apply to election protest cases filed before
(e) motion for re-opening or re-hearing of a case; the Commission on Elections. In such cases, the parties shall
(f) reply in special actions and in special cases; and submit, to form part of the record of the case, a position paper
(g) supplemental pleadings in special actions and in special which summarizes their legal positions.chanrobles virtual law
cases.chanrobles virtual law library
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library and when there is a need for clarification of certain matters, at
the discretion of the Commission or the Division, the parties
Rule 16 - Subpoena may be allowed to cross-examine the affiants.chanrobles
virtual law library
Section 1. Subpoena Ad Testificandum or Subpoena Duces This provision shall likewise apply to cases where the hearing
Tecum. - Subpoena ad testificandum or subpoena duces tecum and reception of evidence are delegated by the Commission or
may be issued by the Commission or the Division motu the Division to any of its officials; and when there is a need
propio, or upon request of the parties in any case.chanrobles for clarification of certain matters, the hearing officer may
virtual law library schedule a hearing to propound clarificatory questions,
Sec. 2. By Whom Issued. - The subpoena shall be heard by the observing for that purpose Section 6 of Rule 34 of these
Chairman of the Commission in cases heard en banc, or by the Rules.chanrobles virtual law library
Presiding Commissioner of the Division concerned.chanrobles Sec. 4. Period to Terminate Hearing When Delegated. - The
virtual law library hearing and reception of evidence, when delegated by the
Sec. 3. Form and Contents. - A subpoena shall be signed by Commission or a Division to any of its officials, shall be
the Clerk of Court concerned. It shall state the name of the completed within three (3) days. The official concerned shall
Commission or the Division issuing it and the title of the submit his findings, report and recommendation to the
action; it shall be directed to the person whose attendance is Commission or the Division within three (3) days from such
required, and in the case of a subpoena duces tecum, it shall completion.chanrobles virtual law library
also contain a reasonable description of the books, documents Sec. 5. Agreement on Facts. - The parties to any action may
or things demanded which may appear prima facie agree in writing on the facts involved in the case.chanrobles
relevant.chanrobles virtual law library virtual law library
Sec. 4. Authority of Officials of the Commission to Issue
Subpoena. - Officials of the Commission authorized under Rule 18 - Decisions
these Rules to hear cases and receive evidence or conduct
preliminary investigation shall have the authority to issue Section 1. Procedure in Making Decisions. - The conclusions
subpoena in connection with such cases.chanrobles virtual law of the Commission in any case submitted to it for decision en
library banc or in Division shall be reached in consultation before the
case is assigned by raffle to a Member for the writing of the
Rule 17 - Hearings opinion of the Commission or the Division and a certification
to this effect signed by the Chairman or the Presiding
Section 1. Notice of Hearing. - After the issues have been Commissioner, as the case may be, shall be incorporated in the
joined, the case shall be set for hearing and the parties, thru decision. Any Member who took no part, or dissented, or
counsel, shall be served, personally or by registered mail, abstained from a decision or resolution must state the reason
giving sufficient time for the notice thereof to be received by therefor.chanrobles virtual law library
the parties not less than three (3) days before the date set. Every decision shall express therein clearly and distinctly the
Whenever necessary, telegraphic notices shall be sent facts and the law on which it is based.chanrobles virtual law
simultaneously with the formal notice of hearing.chanrobles library
virtual law library Sec. 2. Minute Resolution. - No minute resolution resolving a
Sec. 2. Order of Hearing. - Unless the Commission or the case shall be rendered if evidence has been adduced and
Division, as the case may be, for special reasons, directs received.chanrobles virtual law library
otherwise, the order of hearing shall be as follows: Sec. 3. When Extended Opinion Reserved. - When in a given
(a) The petitioner or protestant shall present evidence on his resolution or decision the writing of an extended opinion is
part; reserved, the extended opinion shall be released within fifteen
(b) The protestant-in-intervention, if any, shall present (15) days after the promulgation of the resolution.chanrobles
evidence on his part; virtual law library
(c) The respondent or protestee shall then offer evidence in Sec. 4. Period to Appeal or File Motion for Reconsideration
support of his defense or counter-protest, if any; When Extended Opinion is Reserved. - If an extended opinion
(d) The parties may then respectively offer rebutting evidence is reserved in a decision or resolution, the period to file a
only, unless the Commission or the Division, as the case may petition for certiorari with the Supreme Court or to file a
be, for good reasons, in the furtherance of justice, permits motion for reconsideration shall begin to run only from the
them to offer evidence upon their original case; date the aggrieved party received a copy of the extended
(e) When the evidence is concluded, unless the parties agree to opinion.chanrobles virtual law library
submit the case without arguments, the parties or their counsel Sec. 5. Promulgation. - The promulgation of a decision or
may be allowed to argue, subject to such limitation of time as resolution of the Commission or a Division shall be made on a
the Commission or the Division may prescribe; date previously fixed, of which notice shall be served in
(f) In lieu of oral arguments, the parties may be allowed to advance upon the parties or their attorneys personally or by
submit their respective memoranda within a period of three (3) registered mail or by telegram.chanrobles virtual law library
days.chanrobles virtual law library Sec. 6. Procedure if Opinion is Equally Divided. - When the
Sec. 3. Oral Testimony Dispensed with Where Proceedings Commission en banc is equally divided in opinion, or the
are Summary. - When the proceedings are authorized to be necessary majority cannot be had, the case shall be reheard,
summary, in lieu of oral testimonies, the parties may, after due and if on rehearing no decision is reached, the action or
notice, be required to submit their position paper together with proceeding shall be dismissed if originally commenced in the
affidavits, counter-affidavits and other documentary evidence; Commission; in appealed cases, the judgment or order
6
appealed from shall stand affirmed; and in all incidental through the fastest means available.chanrobles virtual law
matters, the petition or motion shall be denied.chanrobles library
virtual law library Sec. 13. Finality of Decisions or Resolutions. - (a) In ordinary
Sec. 7. Period to Decide by the Commission En Banc. - Any actions, special proceedings, provisional remedies and special
case or matter submitted to or heard by the Commission en reliefs a decision or resolution of the Commission en banc
banc shall be decided within thirty (30) days from the date it is shall become final and executory after thirty (30) days from its
seemed submitted for decision or resolution, except a motion promulgation.chanrobles virtual law library
for reconsideration of a decision or resolution of a Division in (b) In Special Actions and Special Cases a decision or
Special Actions and Special Cases which shall be decided resolutions of the Commission en banc shall become final and
within fifteen (15) days from the date the case or matter is executory after five (5) days from its promulgation unless
deemed submitted for decision, unless otherwise provided by restrained by the Supreme Court.chanrobles virtual law library
law.chanrobles virtual law library (c) Unless a motion for reconsideration is seasonably filed, a
Sec. 8. Period to Decide by a Division. - Any case or matter decision or resolution of a Division shall become final and
heard by a Division shall be decided within ten (10) days from executory after the lapse of five (5) days in Special actions and
the date it is deemed submitted for decision or resolution, Special cases and after fifteen (15) days in all other actions or
except in Special Actions and Special Cases which shall be proceedings, following its promulgation.chanrobles virtual law
decided or resolved within five (5) days from the date they are library
deemed submitted for decision or resolution, unless otherwise
provided by law Rule 19 - Motions for Reconsideration
Sec. 9. When Deemed Submitted for Decision. - (a) A case or
matter is deemed submitted for decision or resolution upon the Section 1. Grounds of Motion for Reconsideration. - A motion
filing of the last pleading, brief or memorandum as required in for reconsideration may be filed on the grounds that the
these Rules or by the Commission en banc or by a evidence is insufficient to justify the decision, order or ruling;
Division.chanrobles virtual law library or that the said decision, order or ruling is contrary to
(b) However, if the hearing and reception of evidence are law.chanrobles virtual law library
delegated to any of its officials, the case or matter shall be Sec. 2. Period for Filing Motions for Reconsideration. - A
deemed submitted for decision as of the date of the receipt of motion to reconsider a decision, resolution, order, or ruling of
the findings, report and recommendation of the official so a Division shall be filed within five (5) days from the
delegated.chanrobles virtual law library promulgation thereof. Such motion, if not proforma, suspends
Sec. 10. Duty to Certify to the President. - In election protests the execution or implementation of the decision, resolution,
and quo warranto cases, if the decision shall be that none of order or ruling.chanrobles virtual law library
the parties has been legally elected, the Commission shall Sec. 3. Form and Contents of Motion for Reconsideration. -
certify such decision to the President of the The motion shall be verified and shall point out specifically
Philippines.chanrobles virtual law library the findings or conclusions of the decision, resolution, order or
Sec. 11. Duty to Notify Other Agencies of the Government. - ruling which are not supported by the evidence or which are
(a) As soon as a decision in an election protest within the contrary to law, making express reference to the testimonial or
original jurisdiction of the Commission or in a quo warranto documentary evidence or the provisions of law alleged to be
case becomes final and executory, notices thereof shall be sent contrary to such findings or conclusions.chanrobles virtual law
to the President, the Secretary of Local Government, the library
Chairman of the Commission on Audit, and the Secretary of Sec. 4. Effect of Motion for Reconsideration on Period to
the Sangguniang Pampook in the case of regional officials, the Appeal. - A motion to reconsider a decision, resolution, order
Secretary of the Sangguniang Panlalawigan in the case of or ruling when not pro-forma, suspends the running of the
provincial officials, and the Secretary of the Sangguniang period to elevate the matter to the Supreme Court.chanrobles
Panglungsod in the case of city officials.chanrobles virtual law virtual law library
library Sec. 5. How Motion for Reconsideration Disposed Of. - Upon
(b) As soon as a decision or resolution in an appealed election the filing of a motion to reconsider a decision, resolution,
case becomes final and executory, notices thereof shall be sent order or ruling of a Division, the Clerk of Court concerned
to the President, the Secretary of Local Government, the shall, within twenty-four (24) hours from the filing thereof,
Chairman of the Commission on Audit, and the Secretary of notify the Presiding Commissioner. The latter shall within two
the Sangguniang Bayan in the case of municipal officials and (2) days thereafter certify the case to the Commission en
the Secretary of the Sangguniang Barangay in the case of banc.chanrobles virtual law library
barangay officials.chanrobles virtual law library Sec. 6. Duty of Clerk of Court of Commission to Calendar
Sec. 12. Dissemination of Decision in a Petition to Deny Due Motion for Resolution. - The Clerk of Court concerned shall
Course to or Cancel a Certificate of Candidacy or to Declare a calendar the motion for reconsideration for the resolution of
Candidate as a Nuisance Candidate. - The Commission shall, the Commission en banc within ten (10) days from the
within twenty-four (24) hours from the promulgation of a certification thereof.chanrobles virtual law library
decision in petitions to deny due course to or cancel a
certificate of candidacy, declare a candidate a nuisance PART V
candidate or disqualify a candidate, disseminate its decision, PARTICULAR ACTIONS OR PROCEEDINGS
or the decision of the Supreme Court if the Commission's A. ORDINARY ACTIONS
decision is brought by the aggrieved party to said Court, to the Rule 20 - Election Protests
election registrars concerned, boards of election inspectors,
and the general public in the political subdivision concerned Section 1. Filing of Election Protest. - A verified petition
7
contesting the election of any regional, provincial or city in which the ballot boxes and their contents were found upon
official shall be filed by any candidate who duly filed a the opening of the same, and shall classify the ballots so
certificate of candidacy and has been voted for the same examined and set forth clearly any objection that may have
office, within ten (10) days after the proclamation of the been offered to each ballot in the report to be submitted by
results of the election.chanrobles virtual law library them. Disputed ballots shall be numbered consecutively for
Each contest shall refer exclusively to one office, but contests purposes of identification in the presence and under the
for offices of the Sangguniang Pampook, Sangguniang direction of the committee chairman. After examination, the
Panlalawigan or Sangguniang Panglungsod may be ballots and other election documents shall be returned to their
consolidated in a single case.chanrobles virtual law library respective boxes under lock but disputed ballots shall be
Sec. 2. Contents of Answer. - The answer must specify the placed in a separate envelope duly sealed and signed by the
nature of the defense and may set forth special and affirmative members of the committee and then returned to the box. For
defenses.chanrobles virtual law library purposes of making said report, which shall be submitted in
Sec. 3. Counter-Protest or Counterclaim. - The protestee may twelve (12) legible copies, only the prescribed form prepared
incorporate in his answer a counter-protest or a by the Commission shall be used.chanrobles virtual law
counterclaim.chanrobles virtual law library library
Sec. 4. General Denial. - If no answer is filed to the protest or Sec. 12. Prohibited Access. - During the revision of ballots, no
counter-protest, a general denial shall be deemed to have been person other than the Members of the Commission, members
entered.chanrobles virtual law library of the committee on revision of ballots, the Clerk of Court
Sec. 5. Protestant's Reply. - The protestant may file a concerned or the latter's authorized representatives and the
reply.chanrobles virtual law library parties, their attorney or their duly authorized representatives
Sec. 6. Revision of Ballots. - When the allegations in a protest shall have access to the place where said revision is taking
or counter-protest so warrant, or whenever in the opinion of place.chanrobles virtual law library
the Commission or Division the interest of justice so demands, Sec. 13. Book of Voters as Evidence. - In election contests, the
it shall immediately order the ballot boxes containing ballots book of voters shall be conclusive in regard to the question as
and their keys, list of voters with voting records, book of to who has the right to vote in said election.chanrobles virtual
voters, and other documents used in the election to be brought law library
before the Commission, and shall order the revision of the
ballots.chanrobles virtual law library Rule 21 - Quo warranto
Sec. 7. Composition and Compensation of Revision
Committee. - For the above purpose, the Commission may Sec. 1. Petition for Quo Warranto. - Any voter contesting the
constitute a committee on the revision of ballots which shall election of any regional, provincial or city official on the
be composed of the following with the corresponding ground of ineligibility or of disloyalty to the Republic of the
compensation per ballot box contested: Philippines may file a petition for quo warranto with the
1. A Chairman, who shall be a lawyer of the Commission - Electoral Contests Adjudication Department.chanrobles virtual
P150.00 law library
2. One Revisor/Alternate for the Protestant - P100.00 Sec. 2. Period Within Which to File. - A petition for quo
3. One Revisor/Alternate for the Protestee - P100.00 warranto may be filed within ten (10) days from the date the
Other Support Staff: respondent is proclaimed.chanrobles virtual law library
4. Clerk - P50.00
5. Typist - P50.00 Rule 22 - Appeals from Decisions of Courts in Election
6. Ballot Box Custodian - P50.00 Protest Cases
Sec. 8. Revision Expenses. - The compensation of the
members and staff shall be deducted from the cash deposit of Section 1. Caption and Title of Appealed Cases. - In all
the protestant or the protestee as the case may be, and other election contests involving the elections, returns, and
incidental expenses such as supplies and transportation in the qualifications of municipal or barangay officials, the party
supplies and transportation in the gathering of the protested interposing the appeal shall be called the "Appellant" and the
ballot boxes.chanrobles virtual law library adverse party the "Appellee", but the title of the case shall
Sec. 9. Venue of the Revision. - The revision of ballots shall remain as it was in the court of origin.chanrobles virtual law
be made in the Office of the Clerk of Court concerned or at library
such places as the Commission or Division shall designate and Sec. 2. Attorneys. - The attorneys of the parties in the courts
shall be completed within three (3) months from the date of shall be considered as their respective attorneys in the
the order; unless otherwise directed by the Commission, unless otherwise manifested.chanrobles virtual
Commission.chanrobles virtual law library law library
Sec. 10. Custody of Election Records and Paraphernalia. - The Sec. 3. Notice of Appeal. - Within five (5) days after
ballot boxes containing ballots and their keys, the list of voters promulgation of the decision of the court, the aggrieved party
with the voting records, book of voters, and other documents may file with said court a notice of appeal, and serve a copy
used in the election, shall be kept and held secure in a place to thereof upon the attorney of record of the adverse
be designated by the Commission, in the care and custody of party.chanrobles virtual law library
the ballot box custodian of the Electoral Contests Adjudication Sec. 4. Immediate Transmittal of Records of the Case. - The
Department and under the authority of the Clerk of the court concerned shall, within fifteen (15) days
Chairman.chanrobles virtual law library from the filing of the notice of appeal, transmit to the Electoral
Sec. 11. Report of Committee on Revision. - The committee Contests Adjudication Department the complete records of the
on revision of ballots shall make a statement of the condition case, together with all the evidence, including the original and
8
three (3) copies of the transcript of stenographic notes of the Sec. 3. Summary Proceeding. - The petition shall be heard
proceedings.chanrobles virtual law library summarily after due notice.chanrobles virtual law library
Sec. 5. Filing of Briefs. - The Clerk of Court concerned, upon Sec. 4. Delegation of Reception of Evidence. - The
receipt of the complete records of the case, shall notify the Commission may designate any of its officials who are
appellant or his counsel to file with the Electoral Contests members of the Philippine Bar to hear the case and to receive
Adjudication Department within thirty (30) days from receipt evidence.chanrobles virtual law library
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 Rule 24 - Proceedings Against Nuisance Candidates
appellant, the appellee shall file ten (10) legible copies of his
brief with proof of service thereof upon the Section 1. Grounds. - Any candidate for any elective office
appellant.chanrobles virtual law library who filed his certificate of candidacy to put the election
Sec. 6. Contents of Brief. - The brief shall have the same process in mockery or disrepute or to cause confusion among
contents as those provided under Sections 16 and 17, Rule 46 the voters by the similarity of the names of the registered
of the Rules of Court. A copy of the decision appealed from candidates or who by other acts or circumstances is clearly
shall be attached as an appendix to the appellant's demonstrated to have no bona fide intention to run for the
brief.chanrobles virtual law library office for which the certificate of candidacy has been filed,
Sec. 7. Reply Brief. - The appellant may file a reply brief thus preventing a faithful determination of the true will of the
within twenty (20) days from receipt of appellee's electorate, may be declared a nuisance candidate and his
brief.chanrobles virtual law library certificate of candidacy may be denied due course or may be
Sec. 8. When Case May Be Set for Oral Argument. - Upon the cancelled.chanrobles virtual law library
filing of appellant's reply brief, or after the expiration of the Sec. 2. Who May File Petition to Declare a Candidate as
time for its filing, the case shall be deemed submitted for Nuisance Candidate. - Any registered candidate for the same
decision, unless within fifteen (15) days therefrom, any party elective office may file with the Law Department of the
asks, and for special reason, is thereafter granted permission Commission a petition to declare a candidate as a nuisance
for oral argument, or unless the Commission motu proprio candidate.chanrobles virtual law library
requires it. Oral arguments shall be confined to such points as The Commission may, at any time before the election, motu
the Commission may specify in an order setting the date proprio refuse to give due course to or cancel a Certificate of
therefor. The Commission may admit memoranda in lieu of Candidacy of any candidate on any of the grounds enumerated
oral argument.chanrobles virtual law library under Section 1 of this Rule or when the substitute Certificate
Sec. 9. Grounds for Dismissal of Appeal. - The appeal may be of Candidacy is not a proper case of substitution under Section
dismissed upon motion of either party or at the instance of the 77 of the Omnibus Election Code.chanrobles virtual law
Commission on any of the following grounds: library
(a) Failure of the appellant to pay the correct appeal fee; Sec. 3. Period to File the Petition. - The petition shall be filed
(b) Failure of the appellant to file copies of his brief within the personally or through an authorized representative, within five
time provided by these rules; (5) days from the last day for the filing of certificates of
(c) Want of specific assignment of errors in the appellant's candidacy.chanrobles virtual law library
brief; and Sec. 4. Summary Proceeding. - The petition shall be heard
(d) Failure to file notice of appeal within the prescribed summarily after due notice.chanrobles virtual law library
period.chanrobles virtual law library Sec. 5. Delegation of Reception of Evidence. - The hearing
Sec. 10. Withdrawal of Appeal. - An appeal may be and reception of evidence may be delegated in like manner as
withdrawn as a matter of right at any time before the filing of provided in Sec. 4 of the preceding Rule.chanrobles virtual
appellee's brief. After the filing of the appellee's brief, the law library
withdrawal may be allowed at the discretion of the
Commission.chanrobles virtual law library Rule 25 - Disqualification of Candidates

B. SPECIAL ACTIONS Section 1. Grounds for Disqualification. - Any candidate who

does not possess all the qualifications of a candidate as
Rule 23 - Petition to Deny Due Course to or provided for by the Constitution or by existing law or who
Cancel Certificates of Candidacy commits any act declared by law to be grounds for
disqualification may be disqualified from continuing as a
Section 1. Grounds for Denial of Certificate of Candidacy. - A candidate.chanrobles virtual law library
petition to deny due course to or cancel a certificate of Sec. 2. Who May File Petition for Disqualification. - Any
candidacy for any elective office may be filed with the Law citizen of voting age, or duly registered political party,
Department of the Commission by any citizen of voting age or organization or coalition of political parties may file with the
a duly registered political party, organization, or coalition or Law Department of the Commission a petition to disqualify a
political parties on the exclusive ground that any material candidate on grounds provided by law.chanrobles virtual law
representation contained therein as required by law is library
false.chanrobles virtual law library Sec. 3. Period to File Petition. - The petition shall be filed any
Sec. 2. Period to File Petition. - The petition must be filed day after the last day for filing of certificates of candidacy but
within five (5) days following the last day for the filing of not later than the date of proclamation.chanrobles virtual law
certificate of candidacy.chanrobles virtual law library library
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Sec. 4. Summary Proceeding. - The petition shall be heard file an opposition with the Law Department of the
summarily after due notice.chanrobles virtual law library Commission.chanrobles virtual law library
Sec. 5. Effect of Petition if Unresolved Before Completion Sec. 6. Summary Proceeding. - The hearing of the case shall
of Canvass.chanrobles virtual law library - If the petition, for be summary in nature.chanrobles virtual law library
reasons beyond the control of the Commission, cannot be Sec. 7. Delegation of Reception of Evidence. - The
decided before the completion of the canvass, the votes cast Commission may designate any of its officials who are
for the respondent may be included in the counting and in the members of the Philippine Bar to hear the case and to receive
canvassing; however, if the evidence of guilt is strong, his evidence.chanrobles virtual law library
proclamation shall be suspended notwithstanding the fact that Sec. 8. Determination of Cessation of Cause. - The
he received the winning number of votes in such determination of the cessation of the cause of the
election.chanrobles virtual law library postponement or suspension of election or failure of election
falls within the exclusive prerogative of the
Commission.chanrobles virtual law library

Rule 26 - Postponement or Suspension of Elections C. IN SPECIAL CASES

Section 1. Postponement of Election. - When for any serious Rule 27 - Pre-Proclamation Controversies
cause such as violence, terrorism, loss or destruction of
election paraphernalia or records, force majeure, and other Section 1. Jurisdiction of the Commission in Pre-Proclamation
analogous causes of such nature that the holding of a free, Controversies. - The Commission has exclusive jurisdiction in
orderly, honest, peaceful and credible election should become pre-proclamation controversies arising from national, regional
impossible in any political subdivision, the Commission, motu or local election.chanrobles virtual law library
proprio, or upon a verified petition by any interested party, A pre-proclamation controversy may be raised by any
and after due notice and hearing whereby all interested parties candidate or by any registered political party, organization, or
are afforded equal opportunity to be heard, may postpone the coalition of political parties before the board of canvassers or
election therein to a date which should be reasonably close to directly with the Commission.chanrobles virtual law library
the date of the election not held, suspended, or which resulted Sec. 2. Pre-Proclamation Controversies: How Commenced. -
in a failure of election, but not later than thirty (30) days after Questions affecting the composition or proceedings of the
the cessation of the cause of such postponement or suspension Board of Canvassers or correction of manifest errors may be
of the election or failure to elect.chanrobles virtual law library initiated in the Board or directly with the Commission.
Sec. 2. Failure of Election. - If, on account of force majeure, However, matters raised under Sections 233, 234, 235, and
violence, terrorism, fraud or other analogous causes the 236 of the Omnibus Election Code in relation to the
election in any precinct has not been held on the date fixed, or preparation, transmission, receipt, custody and appreciation of
had been suspended before the hour fixed by law for the the election returns, and the Certificate of Canvass shall be
closing of the voting, or after the voting and during the brought in the first instance before the board of canvassers
preparation and the transmission of the election returns or in concerned only.chanrobles virtual law library
the custody of canvass thereof, such election results in a Sec. 3. Summary Hearing and Disposition of Pre-Proclamation
failure to elect, and in any of such cases the failure or Controversies. - All pre-proclamation controversies shall be
suspension of election would affect the result of the election, heard summarily after due notice provided that pre-
the Commission shall, on the basis of a verified petition by proclamation controversies on election returns or certificates
any interested party and after due notice and hearing, call for of canvass shall, on the basis of the records and evidence
the holding or continuation of the election not held, suspended elevated to it by the board of canvassers, be disposed of
or which resulted in a failure to elect on a date reasonably summarily by the Commission en banc within seven (7) days
close to the date of the election not held, suspended or which from receipt thereof, provided further, that said decision shall
resulted in a failure to elect but not later than thirty (30) days be executory after the lapse of seven (7) days from receipt
after the cessation of the cause of such postponement or thereof by the boards of canvassers concerned except petitions
suspension of the election or failure to elect.chanrobles virtual filed Under Sec. 5 hereof which shall be immediately
law library executory upon receipt by the boards of canvassers
Sec. 3. Motu Proprio Postponement. - When the Commission concerned.chanrobles virtual law library
acts motu proprio, notices of hearing must be sent to all Sec. 4. Issues that May Be Raised in the Pre-Proclamation
interested parties by the fastest means available.chanrobles Controversies. - The following are the proper issues that may
virtual law library be raised in a pre-proclamation controversy:
Sec. 4. When Based Upon a Verified Petition. - Unless a (a) Illegal composition or proceedings of the board of
shorter period is deemed necessary by circumstances, within canvassers;
twenty-four (24) hours from the filing of the petition, the (b) The canvassed election returns, or the certificate of
Clerk of Court concerned shall forthwith serve notices to all canvass in appropriate cases, are incomplete, contain material
interested parties, indicating therein the date of hearing, defects, appear to be tampered with or falsified, or contain
through the fastest means available.chanrobles virtual law discrepancies in the same returns or in other authentic copies
library thereof;
Sec. 5. Time to File Opposition. - Unless a shorter period is (c) The election returns or certificate of canvass were prepared
deemed necessary by the circumstances, within two (2) days under duress, threats, coercion, or intimidation, or they are
from receipt of the notice of hearing, any interested party may obviously manufactured or not authentic; and

10
(d) When substitute or fraudulent returns or certificates of election returns, or certificates of canvass in appropriate
canvass in controverted polling places were canvassed, the cases.chanrobles virtual law library
results of which materially affected the standing of the Only one counsel may argue for each registered political
aggrieved candidate or candidates.chanrobles virtual law party, organization, or coalition of political parties, or
library candidate. Counsel shall have the right to examine the election
(e) Correction of manifest errors.chanrobles virtual law library returns or certificates of canvass being canvassed without
Sec. 5. Pre-proclamation Controversies Which May Be Filed touching them, make their observations thereon, and file their
Directly With the Commission. - (a) The following pre- challenges and objections thereto.chanrobles virtual law
proclamation controversies may be filed directly with the library
Commission: No dilatory action shall be allowed by the board of canvassers
1) When the issue involves the illegal composition or which may impose time limits for oral argument.chanrobles
proceedings of the board of canvassers as when a majority or virtual law library
all of the members do not hold legal appointments or are in (b) Any registered political party, organization, or coalition of
fact usurpers; or when the canvassing has been a mere political parties, through their representatives and any
ceremony that was pre-determined and manipulated to result candidate is entitled to obtain a copy of the Statement of Votes
in nothing but a sham canvassing as where there was per precinct and a copy of the certificate of canvass duly
convergence of circumstances of precipitate canvassing, signed by all the members of the board of
terrorism, lack of sufficient notice to the members of the board canvassers.chanrobles virtual law library
of canvassers and disregard of manifest irregularities on the Sec. 7. Correction of Errors in Tabulation or Tallying of
face of the questioned returns or certificates of canvass in Results by the Board of Canvassers. - (a) Where it is clearly
appropriate cases; shown before proclamation that manifest errors were
2) When the issue involves the correction of manifest errors in committed in the tabulation or tallying of election returns, or
the tabulation or tallying of the results during the canvassing certificates of canvass, during the canvassing as where (1) a
as where (1) a copy of the election returns or certificate of copy of the election returns of one precinct or two or more
canvass was tabulated more than once, (2) two or more copies copies of a certificate of canvass were tabulated more than
of the election returns of one precinct, or two or more copies once, (2) two copies of the election returns or certificate of
of certificate of canvass were tabulated separately, (3) there canvass were tabulated separately, (3) there was a mistake in
has been a mistake in the copying of the figures into the the adding or copying of the figures into the certificate of
statement of votes or into the certificate of canvass, or (4) so- canvass or into the statement of votes by precinct, or (4) so-
called returns from non-existent precincts were included in the called election returns from non-existent precincts were
canvass, and such errors could not have been discovered included in the canvass, the board may motu proprio, or upon
during the canvassing despite the exercise of due diligence and verified petition by any candidate, political party, organization
proclamation of the winning candidates had already been or coalition or political parties, after due notice and hearing,
made.chanrobles virtual law library correct the errors committed.chanrobles virtual law library
(b) If the petition involves the illegal composition or (b) The order for correction must be made in writing and must
proceedings of the board under subparagraph (1) of paragraph be promulgated.chanrobles virtual law library
(a) above, it must be filed immediately when the board begins (c) Any candidate, political party, organization or coalition of
to act as such, or at the time of the appointment of the member political parties aggrieved by said order may appeal therefrom
whose capacity to sit as such is objected to if it comes after the to the Commission within twenty-four (24) hours from the
canvassing of the board, or immediately at the point where the promulgation.chanrobles virtual law library
proceedings are or begin to be illegal.chanrobles virtual law (d) Once an appeal is made, the board of canvassers shall not
library proclaim the winning candidates, unless their votes are not
If the petition is for correction, it must be filed not later than affected by the appeal.chanrobles virtual law library
five (5) days following the date of proclamation and most (e) The appeal must implead as respondents the Board of
implead all candidates who may be adversely affected Canvassers concerned and all parties who may be adversely
thereby.chanrobles virtual law library affected thereby.chanrobles virtual law library
(c) Upon the docketing of such petition, the Clerk of Court (f) Upon receipt of the appeal, the Clerk of Court concerned
concerned shall forthwith issue summons, with a copy of the shall forthwith issue summons, together with a copy of the
petition, to the respondents.chanrobles virtual law library appeal, to the respondents.chanrobles virtual law library
(d) The Clerk of Court concerned shall immediately set the (g) The Clerk of Court concerned shall immediately set the
petition for hearing.chanrobles virtual law library appeal for hearing.chanrobles virtual law library
(e) The petition shall be heard and decided by the (h) The appeal shall be heard and decided by the Commission
Commission en banc. en banc.chanrobles virtual law library
(f) When the petition involves the composition or proceedings Sec. 8. Procedure Before the Board of Canvassers When
of the board, the board of canvassers shall not commence, Composition or Proceedings of Board are Contested. - (a)
proceed or resume the canvass unless otherwise ordered by the When the composition or proceeding of the board of
Commission.chanrobles virtual law library canvassers, are contested the board of canvassers shall, within
Sec. 6. Rights of Political Parties and Candidates Before the twenty-four (24) hours, make a ruling thereon with notice to
Board of Canvassers in Pre-Proclamation Cases. - (a) Any the contestant who, if adversely affected, may appeal the
registered political party, organization, or coalition of political matter to the Commission within three (3) days after the ruling
parties, through their representatives, and any candidate, has with proper notice to the board of canvassers. The
the right to be present and to counsel during the canvass of Commission en banc shall summarily decide the case within

11
five (5) days from the filing thereof.chanrobles virtual law inextendible period of five (5) days thereafter, an appeal may
library be taken to the Commission.chanrobles virtual law library
(b) Upon receipt of such appeal, the Clerk of Court concerned Immediately upon receipt of the Notice of Appeal, the Board
shall immediately set the case for hearing, with due notice to shall make an appropriate report to the Commission, elevating
the parties, by the Commission en banc.chanrobles virtual law therewith the complete records and evidence submitted in the
library canvass, furnishing the parties with the copies of the
(c) During the pendency of the appeal, the board of canvassers report.chanrobles virtual law library
shall immediately suspend the canvass until the Commission (h) On the basis of the records and evidence elevated to it by
orders the continuation or resumption thereof.chanrobles the Board, the Commission en banc shall decide summarily
virtual law library the appeal within seven (7) days from the receipt of said
Sec. 9. Procedure Before Board of Canvassers When Inclusion records and evidence. Any appeal brought before the
or Exclusion of Election Returns are Contested. - (a) Any Commission on the ruling of the Board, without the
candidate, registered political party, organization or coalition accomplished forms and the evidence appended thereto, shall
or political parties contesting the inclusion or exclusion in the be summarily dismissed.chanrobles virtual law library
canvass of any election returns on any of the grounds provided The decision of the Commission en banc shall be executory
in Section 3 of this Rule or by law, shall present or submit after the lapse of seven (7) days from receipt thereof by the
their oral objection to the Chairman of the Board of boards of canvassers concerned.chanrobles virtual law library
Canvassers, stating the grounds therefor, at the time the (i) The board of canvassers shall not proclaim any candidate
contested returns is opened or presented for inclusion or as winner unless authorized by the Commission in writing
exclusion.chanrobles virtual law library after the later shall have ruled on the objections brought to it
(b) The objections must be faithfully recorded, noted and on appeal by the aggrieved party. Any proclamation in
entered in the minutes of the canvassing indicating therein the violation hereof shall be void ab initio, unless the contested
date and hour the objection was made.chanrobles virtual law returns will not adversely affect the uncontested results of the
library elections.chanrobles virtual law library
(c) The board shall automatically defer the canvass of the (j) If in the course of the canvass the boards' copy of the
contested returns, after recording separately the results therein, election returns is missing, the board shall, by messenger or
and shall proceed to canvass the other returns which are not otherwise obtain such missing returns from the board of
contested.chanrobles virtual law library election inspectors concerned, or if said returns have been lost
(d) Simultaneously with the oral objection, the objecting party or destroyed, the board of canvassers, upon prior authority of
shall also enter his objection in the form for written objections the Commission, may use any of the authentic copies of said
to be prescribed by the Commission. Within twenty-four (24) election returns or a certified true copy of said election returns
hours from and after the presentation of such an objection, the issued by the Commission.chanrobles virtual law library
objecting party shall submit the evidence in support of the (k) If it clearly appears that some requisites in form or data
objections, which shall be attached to the form for written had been omitted in the election returns, the Board of
objections. With the same period of twenty-four hours after Canvassers shall call for all the members of the board of
presentation of the objection, any party may file a written and election inspectors concerned by the most expeditious means,
verified opposition to the objection in the form also to be for said board to effect the correction: provided that in case the
prescribed by the Commission, attaching thereto supporting omission in the election return is that of the name of any
evidence, if any. The Board shall not entertain any objection candidate and/or his corresponding votes, the board of
or opposition unless reduced to writing in the prescribed canvassers shall require the board of election inspectors
forms.chanrobles virtual law library concerned to complete the necessary data in the election
The evidence attached to the objection or opposition, returns and affix therein their initials: Provided, further, that if
submitted by the parties, shall be immediately and formally the votes omitted in the returns cannot be ascertained by other
admitted into the records of the Board by the Chairman of the means except by recounting the votes, the board of canvassers
board of canvassers affixing his signature at the back of each shall immediately make a report thereon to the Commission
and every page thereof.chanrobles virtual law library and the latter, after satisfying itself that the identity and
(e) Upon receipt of the evidence, the Board shall take up the integrity of the ballot box have not been violated, shall order
contested returns, consider the written objections thereto and the board of election inspectors to open the ballot box, and,
opposition, if any, and summarily and immediately rule also after satisfying itself that the integrity of the ballots
thereon. The Board shall enter its ruling on the prescribed therein has been duly preserved, order the broad of election
form and authenticate the same by the signature of its inspectors to count the votes for the candidates whose votes
members.chanrobles virtual law library have been omitted with notice thereof to all candidates for the
(f) Any party adversely affected by the ruling of the Board position involved and thereafter complete the
shall immediately inform the Board if he intends to appeal returns.chanrobles virtual law library
said ruling. The Board shall enter said information in the (l) When the board of canvassers determines that the election
Minutes of Canvass, set aside the returns and proceed to returns submitted to it appear to be tampered with, altered or
consider the other returns.chanrobles virtual law library falsified after they have left the hands of the board of
(g) After all the uncontested returns have been canvassed and inspectors, or otherwise not authentic or were prepared by the
the contested returns ruled upon by it, the Board shall suspend board of election inspectors under duress, force, or
the canvass. Within forty-eight (48) hours therefrom, any intimidation, or prepared by persons other than the members
party adversely affected by the ruling may file with the Board of the board of election inspectors, the board of canvassers
a written and verified Notice to Appeal; and within an shall use the other copies of said election returns, and if
necessary, the copy inside the ballot box which, upon prior
12
authority of the Commission, may be retrieve. If the other (f) If the appellant is allowed to present new evidence, oral
copies of the returns are likewise tampered with, altered, testimonies may be dispensed with, and in lieu thereof, the
falsified, not authentic, prepared under duress, force, parties may be required to submit their position papers,
intimidation, or prepared by persons other than the members together with affidavits, counter-affidavits, and other
of the board of election inspectors, the board of canvassers documentary evidence, after which the case shall be deemed
shall immediately bring the matter to the attention of the submitted for decision.chanrobles virtual law library
Commission. The Commission shall then, after giving notice Sec. 11. Period Within Which Boards of Canvassers Must
to all candidates concerned and after satisfying itself that Complete Canvass. - Subject to reasonable exceptions, board
nothing in the ballot box indicates that its identity and of canvassers must complete their canvass within thirty-six
integrity have been violated, order the opening of the ballot (36) hours in cities not comprising at least one legislative
box and, likewise after satisfying itself that the integrity of the district, and in municipalities; within forty-eight (48) hours in
ballots therein has been duly preserved, shall order the board cities comprising one or more legislative district and within
of inspectors concerned to recount the votes of the candidates seventy-two (72) hours in the provinces.chanrobles virtual law
affected and when proper, to prepare a new return which shall library
then be used by the board of canvassers as basis of the Sec. 12. Submission of the Minutes of the Proceedings of
canvass.chanrobles virtual law library the Board.chanrobles virtual law library - Within 15 days from
(m) In case it appears to the board of canvassers that there the termination of canvass, the secretary of the board of
exists discrepancies in the other authentic copies of the canvassers shall submit to the Law Department of the
election returns from a precinct or discrepancies in the votes Commission on Elections in Manila by registered mail a
of any candidate in words and figures in the same returns, and certified copy of the minutes of the proceedings of the board,
in either case the difference affects the results of the election, together with its written rulings on objections to the
the Commission, upon motion of the board of canvassers or composition or proceedings of the board of canvassers, to the
any candidate affected and after due notice to all candidates inclusion or exclusion of election returns or to correction of
concerned, shall proceed summarily to determine whether the tabulation, and any evidence offered by the parties, and shall
integrity of the ballot box had been preserved, and once notify by telegram the said department of the date and the
satisfied thereof shall order the opening of the ballot box to manner of transmittal of the minutes.chanrobles virtual law
recount the votes cast in the precinct solely for the purpose of library
determining the true result of the count of votes of the
candidates concerned.chanrobles virtual law library D. SPECIAL RELIEFS
(n) When the evidence submitted to the board of canvassers
indicate a failure of elections in a precinct or precincts and the Rule 28 - Certiorari, Prohibition and Mandamus
number of registered voters therein would affect the final
result of the election, the board of canvassers shall bring the Sec. 1. When Available. - In aid of its appellate jurisdiction in
matter to the attention of the Commission. Until this issue is election cases before courts of general jurisdiction relating to
resolved the board of canvassers shall suspend the the elections, returns and qualifications of elective Municipal
proclamation of any candidate.chanrobles virtual law library officials, and before courts of limited jurisdiction in cases
Sec. 10. Appeals from Rulings of Board of Canvassers. - (a) A relating to the elections, returns and qualifications of elective
party aggrieved by a ruling of the Board of Canvassers shall, barangay officials, the Commission en banc may hear and
within forty-eight hours from receipt of a copy of the ruling of decide petitions for certiorari, prohibition or
the Board of Canvassers, file with the Board a written and mandamus.chanrobles virtual law library
verified Notice of Appeal; and within an inextendible period Sec. 2. Petition for Certiorari or Prohibition. - When any court
of five (5) days, he shall file his appeal to the or judge hearing election cases has acted without or in excess
Commission.chanrobles virtual law library of its or his jurisdiction or with grave abuse of discretion and
Upon receipt of the appeal, the Commission en banc shall there is no appeal, nor any plain, speedy, and adequate remedy
immediately determine whether the issues related therein are in the ordinary course of law, a person aggrieved thereby may
grounds proper for pre-proclamation controversy. If the issues file a petition for certiorari or prohibition with the
raised are not among the grounds enumerated under Sec. 3 of Commission alleging the facts with certainty and praying that
this Rule, the same shall be dismissed, otherwise it shall be judgment be rendered annulling or modifying the proceedings,
raffled to any of the two (2) divisions of the Commission as the law requires, of such court or judge, or commanding it
which shall dispose of it summarily within three (3) days from or him to desist from further proceeding with the action or
the period of referral by the Commission en banc.chanrobles matter specified therein, as the case may be.chanrobles virtual
virtual law library law library
(b) The appeal filed with the Commission shall be docketed by The petition shall be accompanied by a certified true copy of
the Clerk of Court concerned.chanrobles virtual law library the judgment or order subject thereof, together with all
(c) The answer/opposition shall be verified.chanrobles virtual pleadings and documents relevant and pertinent
law library thereto.chanrobles virtual law library
(d) The Division to which the case is assigned shall Sec. 3. Petition for Mandamus. - When a court or judge in an
immediately set the case for hearing.chanrobles virtual law election case unlawfully neglects the performance of an act
library which the law specifically enjoins as a duty resulting from his
(e) At the hearing, no new evidence shall be received, unless office in relation to such case and there is no other plain,
for good reasons shown, it is clearly and convincingly speedy and adequate remedy in the ordinary course of law, the
established that the appellant was deprived of due process by person aggrieved thereby may file a petition with the
the board of canvassers.chanrobles virtual law library Commission alleging the facts with certainty and praying that
13
judgment be rendered commanding the respondent thousand (P1,000.00) pesos or imprisonment for not more than
immediately or at some other specified time to do the act six (6) months, or both, at the discretion of the Commission or
required to be done to protect the rights of the petitioner and to Division.chanrobles virtual law library
pay the damages sustained by the petitioner by reason of the Sec. 4. Warrant of Arrest on a Witness Who Fails to Attend. -
acts complained of.chanrobles virtual law library Any provision of these Rules to the contrary notwithstanding,
Sec. 4. Duty of Clerk of Court of the Commission. - Upon the in case of failure of a witness to attend despite the issuance of
filing of the petition, the Clerk of Court concerned shall a valid subpoena, the Commission or any of its Divisions,
calendar the case for en banc ex-parte hearing of the upon proof of service of the subpoena to said witness, may
Commission to determine if it is sufficient in form and issue a warrant of arrest against said witness and direct that he
substance.chanrobles virtual law library be brought before the Commission or any of its Divisions
Sec. 5. Order to Answer. - If the Commission en banc shall where his attendance is required.chanrobles virtual law library
determine that the petition is sufficient in form and substance,
it shall issue an order requiring the respondent to answer the E. PROVISIONAL REMEDIES
petition within ten (10) days from receipt of a copy thereof.
Such order shall be served on the respondent in such manner Rule 30 - Injunction
as the Commission may direct, together with a copy of the
petition.chanrobles virtual law library Section 1. Preliminary Injunction. - The Commission or any of
Sec. 6. Proceedings After Answer. - Once an answer is filed, its Divisions may grant preliminary injunction in any ordinary
or the time for its filing has expired, the Commission may action, special action, special case, or special relief pending
order the proceedings complained of to be forthwith certified before it.chanrobles virtual law library
for review and shall hear the case, and if after such hearing the Sec. 2. Grounds for Issuance of Preliminary Injunction. - A
Commission finds that the allegations are true, it shall render preliminary injunction may be granted at any time after the
judgment for such relief prayed as the petitioner is entitled to, commencement of an action or proceeding and before
with or without costs, as justice requires.chanrobles virtual judgment when it is established that:
law library (a) The petitioner or protestant is entitled to the relief
demanded and the whole or part of such relief consists in
Rule 29 - Contempt restraining the commission or continuance of the acts
complained of, or in the performance of an act or acts, either
Section 1. Direct Contempt Punished Summarily. - A person for a limited period or perpetually;
guilty of misbehavior in the presence of or so near the (b) The commission or continuance of some act complained of
Commission or any of its Divisions as to obstruct or interrupt during the pendency of the action or the non-performance
the proceedings before it or them, including disrespect toward thereof would work injustice to the petitioner or protestant;
the Commission or Division, offensive personalities toward (c) The respondent or protestee is doing, threatens, or is about
others or refusal to be sworn or to answer as a witness, or to to do, or is procuring to be done, some act in violation of
subscribe to an affidavit or deposition when lawfully required petitioner's/protestant's rights respecting the subject of the
to do so, may be summarily adjudged in direct contempt by action, and tending to render the judgment
the Commission or any of its Division and punished by a fine ineffectual.chanrobles virtual law library
not exceeding two hundred (P200.00) pesos or imprisonment Sec. 3. Grant of Injunction Discretionary. - The grant of the
not exceeding ten (10) days, or both, at the discretion of the preliminary injunction is entirely left to the sound discretion of
Commission or Division.chanrobles virtual law library the Commission or its Divisions.chanrobles virtual law library
Sec. 2. Indirect Contempt. - After charge in writing has been Sec. 4. Bond for Preliminary Injunction. - No writ of
filed with the Commission or Division, as the case may be, preliminary injunction shall be issued unless the applicant
and an opportunity given to the respondent to be heard by shall file a bond, in an amount to be fixed by the Commission
himself or counsel, a person guilty of the following acts may or the Division concerned, to the effect that the
be punished for indirect contempt: petitioner/protestant will pay to such party all damages which
(a) Misbehavior of the responsible officer of the Commission the latter may sustain by reason of the injunction if the
in the performance of his official duties or in his official Commission or the Division concerned shall finally decide
transactions; that the petitioner/protestant was not entitled
(b) Disobedience of or resistance to a lawful writ, process, thereto.chanrobles virtual law library
order, judgment or command of the Commission or any of its Sec. 5. Preliminary Injunction Not Granted Without Notice;
Divisions, or injunction or restraining order granted by it; Issuance of Restraining Order. - No preliminary injunction
(c) Any abuse of or any unlawful interference with the process shall be granted without notice to the adverse party. If it shall
or proceedings of the Commission or any of its Divisions not appear from the facts shown by affidavits or the verified
constituting direct contempt under Section 1 of this Rules; petition that great or irreparable injury would result to the
(d) Any improper conduct tending, directly or indirectly, to applicant before the matter can be heard on notice, the
impede, obstruct, or degrade the administration of justice by Commission or any Division to which the application for
the Commission or any of its Divisions; preliminary injunction was made, may issue a restraining
(e) Assuming to be an attorney and acting as such without order to be effective only for a period of twenty (20) days
authority; and from date of its issuance. Within the said twenty-day period,
(f) Failure to obey a subpoena duly served.chanrobles virtual the Commission or the Division as the case may be, must
law library cause an order to be served on the respondent requiring him to
Sec. 3. Penalty for Indirect Contempt. - If adjudged guilt, the show cause, at a specified time and place, why the injunction
accused may be punished by a fine not exceeding one should not be granted, and determine within the same period
14
whether or not the preliminary injunction shall be granted and (1) Full name of the political party, organization or coalition
shall accordingly issue the corresponding order. In the event of political parties;
that the application for preliminary injunction is denied, the (2) The principal headquarters and post office address for
restraining order is deemed automatically vacated.chanrobles election purposes, including its branches and divisions, if any;
virtual law library (3) The date and place of its organization;
(4) The date and manner of election or selection of its officers;
F. SPECIAL PROCEEDINGS (5) The names and addresses of its organizers and officers,
Executive Committee members, Directorate, or Party
Rule 31 - Annulment of Permanent List of Voters Convention delegates, if any;
(6) The extent of its constituency;
Section 1. Grounds. - Any book of voters not prepared in (7) Its program of government;
accordance with the provisions of law, or the preparation of (8) That it is not a religious sect or denomination;
which has been effected with fraud, bribery, forgery, (9) That it shall not pursue its goals through violence or other
impersonation, intimidation, force, or any other similar unlawful means;
irregularity, or which list is statistically improbable, may be (10) That it shall uphold and adhere to the Constitution and
annulled by the Commission.chanrobles virtual law library shall obey all laws and legal orders promulgated by duly
Sec. 2. Petition to Annul. - Any voter, election registrar, or constituted authorities;
duly registered political party, organization or coalition of (11) That it is not supported by, nor does it accept financial
political parties may file with the Law Department of the contribution from any foreign government or their agencies;
Commission a petition to annul a permanent list of and
voters.chanrobles virtual law library (12) Other information that may be material and relevant to
Sec. 3. Notice of Hearing. - Within three days from the filing the petition.chanrobles virtual law library
of the petition, the Clerk of Court concerned shall make a Sec. 3. Other Requirements. - The petitioner shall attach to the
report of the petition of the Commission which shall determine petition for registration ten (10) copies of its constitution and
either to give it due course or to deny the same. If the by-laws, party platform, organizational papers, declarations of
Commission shall decide to give it due course, an Order to political creed or code of political ethics and such other
that effect, fixing the date of hearing, shall be published in a documents of similar or equivalent character.chanrobles
newspaper of general circulation in the province or city virtual law library
concerned once a week for two consecutive weeks, the last of Sec. 4. Verification. - Before taking action on the petition, the
which shall not be less than ten days prior to the date of Commission shall first verify, through its filed offices, the
hearing. Copies of the order shall likewise be furnished to all status and capacity of the petitioner and the veracity of the
registered political parties, organization or coalition or allegations in the petition and its enclosures. Not later than
political parties in the province or city concerned. Expenses fifteen (15) days from notice of the Commission's instruction,
for the publication and notices shall be borne by the petitioner, the field office concerned shall submit its written report, in ten
which as preliminary estimated, shall be deposited with the (10) copies, together with supporting documents or records, if
Commission. If the petitioner is an Election Registrar the any.chanrobles virtual law library
expenses for publication shall be borne by the Sec. 5. Notice of Hearing. - Upon receipt of the reports from
Commission.chanrobles virtual law library its field offices, the Commission shall immediately set the
Sec. 4. Time to File Opposition. - On or before the date set for petition for hearing and shall send notices to the petitioner and
the hearing, any interested party may file a verified opposition other parties concerned.chanrobles virtual law library
to the petition.chanrobles virtual law library Sec. 6. Publication of Petition and notice of Hearing. - On the
Sec. 5. Summary Proceedings. - The petition may be heard day following the receipt of the notice of hearing, the
summarily.chanrobles virtual law library petitioner shall cause the publication of the petition, together
Sec. 6. Delegation of Hearing and Reception of Evidence. - with the notice of hearing, in three (3) daily newspaper of
The hearing and reception of evidence may be delegated by general circulation, notifying in writing the Commission of
the Commission to any of its officials who are members of the such action.chanrobles virtual law library
Philippine Bar.chanrobles virtual law library Sec. 7. Certificate of Registration. - A certificate of
Sec. 7. Prohibition of Execution of Decision. - Any provision registration shall be issued by the Commission upon approval
of these Rules to the contrary notwithstanding, a decision to of the petition, which shall be displayed in the main office and
annul a book of voters shall not be executed within sixty (60) in all chapters of the petitioner.chanrobles virtual law library
days before an election.chanrobles virtual law library Sec. 8. Cancellation of Registration. - Upon verified complaint
of any interested party, or motu proprio by the Commission,
Rule 32 - Registration of Political Parties or Organization the registration of any political party, coalition of political
parties or organization under the party-list system may be
Section 1. Petition for Registration. - Any political party, cancelled after due notice and hearing on the following
organization or coalition of political parties seeking grounds:
registration pursuant to Section 2 (5), Subdivision C of Article a) Acceptance by the political party, coalition of political
IX of the Constitution shall file with the Law Department of parties, or organizations or any of its candidates, of financial
the Commission a petition duly verified by its President and contributions from foreign governments and/or their agencies
Secretary -General, or any official duly authorized to do so for activities related to elections;
under its Constitution and By-laws; b) Violation of laws, rules or regulations relating to elections,
Sec. 2. Contents of Petition. - The petition for registration plebiscites, referenda, or initiative;
shall state the following: c) Untruthful statements in its petition for registration;
15
d) The said political party, coalition of political parties or or indirectly, destroy its character of non-partisanship and
organization has become a religious sect or denomination, is impartially.chanrobles virtual law library
pursuing its goals thru violence or other unlawful means, is Sec. 4. Notice of Hearing. - Upon the filing of the petition, the
refusing to adhere to or uphold the Constitution of the Commission en banc shall immediately set it for hearing. The
Philippines, or is receiving support from any foreign Commission may, if it deems necessary, order the publication
government, and of the petition in a newspaper of general circulation at the
e) Failure to comply with applicable laws, rules or regulations expense of the petitioner.chanrobles virtual law library
of the Commission.chanrobles virtual law library Sec. 5. Opposition. - Any person, group, association or
f) Failure to field official candidates in the last two proceeding organization, political party or coalition of political parties
elections or failure of their candidates to obtain at least five (5) possessing relevant information or evidence against the
per centum of the votes cast in the last two preceding petitioner may oppose its accreditation by filing a verified
elections.chanrobles virtual law library opposition.chanrobles virtual law library
Notwithstanding the absence of any opposition, the
Rule 33 - Accreditation of Citizens' Arms of the Commission may motu proprio require the petitioner to
Commission present evidence to support its petition.chanrobles virtual law
library
Sec. 1. Who May Be Accredited as Citizens' Arms of the Sec. 6. Decision. - The decision of the Commission granting
Commission. - Any bona fide non partisan group, association the petition may provide conditions to be strictly complied
or organization from the civic, youth, professional, with by the petitioner.chanrobles virtual law library
educational, business or labor sectors with indentifiable Sec. 7. Certificate of Accreditation. - If the decision is for the
leadership, membership and structure, and with demonstrated accreditation of the petitioner, the Commission shall issue a
capacity to promote the public interest and assist the certificate of accreditation containing the following:
Commission in the performance of its functions and activities (a) The name of the group or organization;
as mandated by the Constitution and by law, may be (b) The constituency to which it is accredited; and
accredited as citizens' arms of the Commission.chanrobles (c) The political exercise for which it is accredited.chanrobles
virtual law library virtual law library
Sec. 2. Petition to be Accredited. - The group, association or Sec. 8. Submission of Names and Addresses of
organization mentioned in Section 1 hereof may file a petition Local Representatives.chanrobles virtual law library - After its
for accreditation duly verified by its President, Chairman of accreditation, the petitioner shall submit to the Election
the Board of Directors, or any of its duly authorized Registrars in the constituency where it is accredited, the names
officer.chanrobles virtual law library and addresses of its local representatives who shall act as non-
Sec. 3. Contents of the Petition. - The petition shall state the partisan watchers and substitute watchers therein during the
following: entire electoral exercise.chanrobles virtual law library
(a) The constituency to which petitioner seeks accreditation; Sec. 9. Appointment of Watchers by Election Registrars. -
(b) That it is not supporting any candidate, political party, Unless the impartiality or non-partisanship of the members
organization or coalition of political parties, in the concerned is questioned in writing, the Election Registrar shall
constituency where it seeks accreditation; extend the corresponding appointments to such members as
(c) Nature of its membership (whether civic, youth etc.); poll watchers stating therein the precincts to which they are
names of its officers or organizers, location of principal office assigned. The members so appointed shall have the same
or place of business and an assurance of its capability to duties, functions, and rights as watchers of registered political
undertake a coordinated operation and activity to assist the parties, organization or coalition of political parties.chanrobles
Commission; virtual law library
(d) That it shall submit itself to the direct and immediate Sec. 10. Revocation of Accreditation. - The accreditation of
control and supervision and comply with the orders of the any group, association or organization as Citizens' Army may
Commission in the performance of its specific functions and be revoked by the Commission after notice and hearing,
activities provided by law, and such other functions and whenever it shows or acts with partiality in any political issue
activities provided by law, and such other functions and or to any political party, organization or coalition of political
activities which the Commission may assign; parties, or has performed acts in excess of its duties and
(e) That it shall strictly remain non-partisan and impartial functions as provided by law, or has failed to comply with the
during the registration and election periods; conditions imposed upon it in the decision granting
(f) That it is not supported by or under the influence of any accreditation.chanrobles virtual law library
foreign government or any of its agencies or instrumentalities; Sec. 11. Expiration of Accreditation. - The accreditation shall
or of any foreigner, whether natural or juridical person; automatically lapse at the end of the election period of the
(g) That it shall not solicit or receive, directly or indirectly, political exercise for which the petitioner was accredited as
any contribution or aid of whatever form or nature from any citizens' arm.chanrobles virtual law library
foreign government, or any of its agencies or instrumentalities,
or from any foreigner, a natural or juridical person; G. ELECTION OFFENSES
(h) That it does not seek to achieve its objectives, goals or
programs through violence or other unlawful means, nor aim Rule 34 - Prosecution of Election Offenses
to propagate any ideology opposed to the principles of a
republican and democratic government; and Section 1. Authority of the Commission to Prosecute
(i) That it undertakes to police its ranks and prevent Election Offenses.chanrobles virtual law library - The
infiltration by persons or groups of persons who may, directly Commission shall have the exclusive power to conduct
16
preliminary investigation of all election offenses punishable counter-affidavits and other supporting documents. The
under the election laws and to prosecute the same, except as respondent shall have the right to examine all other evidence
may otherwise be provided by law.chanrobles virtual law submitted by the complainant.chanrobles virtual law library
library (b) Such counter-affidavits and other supporting evidence
Sec. 2. Continuing Delegation of Authority to Other submitted by the respondent shall be furnished by him to the
Prosecution Arms of the Government. - The Chief State complainant.chanrobles virtual law library
Prosecutor, all Provincial and City Fiscals, and/or their (c) If the respondent cannot be subpoenaed, or if subpoenaed,
respective assistants are hereby given continuing authority, as doe not submit counter-affidavits within the ten day period,
deputies of the Commission, to conduct preliminary the investigating officer shall base his resolution on the
investigation of complaints involving election offenses under evidence presented by the complainant.chanrobles virtual law
the election laws which may be filed directly with them, or library
which may be indorsed to them by the Commission or its duly (d) If the investigating officer believes that there are matters to
authorized representatives and to prosecute the same. Such be clarified, he may set a hearing to propound clarificatory
authority may be revoked or withdrawn any time by the questions to the parties or their witnesses, during which the
Commission whenever in its judgment such revocation or parties shall be afforded an opportunity to be present but
withdrawal is necessary to protect the integrity of the without the right to examine or cross-examine. If the parties so
Commission, promote the common good, or when it believes desire, they may submit questions to the investigating officer
that successful prosecution of the case can be done by the which the latter may propound to the parties or witnesses
Commission.chanrobles virtual law library concerned.chanrobles virtual law library
Sec. 3. Initiation of Complaint. - Initiation of complaint for (e) Thereafter, the investigation shall be deemed concluded,
election offenses may be done motu proprio by the and the investigating officer shall resolve the case within ten
Commission, or upon written complaint by any citizen of the (10) days therefrom. Upon the evidence thus adduced, the
Philippines, candidate, registered political party, coalition of investigating officer shall determine whether or not there is
political parties or organizations under the partylist system or sufficient ground to hold the respondent for trial.chanrobles
any accredited citizens arms of the Commission.chanrobles virtual law library
virtual law library Sec. 7. Presumption of Existence of Probable Cause. - A
Sec. 4. Form of Complaint and Where to File. - (a) When not complaint initiated motu propio by the Commission is
initiated motu proprio by the Commission, the complaint must presumed to be based on sufficient probable cause and the
be verified and supported by affidavits and/or any other investigating officer must forthwith issue the subpoena
evidence. Motu proprio complaints may be signed by the mentioned in the immediately preceding section.chanrobles
Chairman of the Commission, or the Director of the Law virtual law library
Department upon direction of the Chairman, and need not be Sec. 8. Duty of Investigating Officer. - The preliminary
verified; investigation must be terminated within twenty (20) days after
(b) The complaint shall be filed with the Law Department of receipt of the counter-affidavits and other evidence of the
the Commission; or with the offices of the Election Registrars, respondents, and resolution thereof shall be made within five
Provincial Election Supervisors or Regional Election (5) days thereafter.chanrobles virtual law library
Directors, or the State Prosecutor, Provincial Fiscal or City (a) If the investigating officer finds no cause to hold the
Fiscal. If filed with any of the latter three (3) officials, respondent for trial, he shall recommend dismissal of the
investigation thereof may be delegated to any of their complaint.chanrobles virtual law library
assistants.chanrobles virtual law library (b) If the investigating officer finds cause to hold the
(c) If filed with the Regional Election Directors or Provincial respondent for trial, he shall prepare the resolution, and the
Election Supervisors, said officials shall immediately furnish corresponding information wherein he shall certify under oath
the Director of the Law Department a copy of the complaint that he has examined the complainant and his witnesses, that
and the supporting documents, and inform the latter of the there is reasonable ground to believe that a crime has been
action taken thereon.chanrobles virtual law library committed and that the accused was informed of the complaint
Sec. 5. Referral for Preliminary Investigation. - if the and of the evidence submitted against him and that he was
complaint is initiated motu proprio by the Commission, or is given an opportunity to submit controverting
filed with the Commission by any aggrieved party, it shall be evidence.chanrobles virtual law library
referred to the Law Department for investigation. Upon (c) In either case, the investigating officer shall, within five (5)
direction of the Chairman of the Commission, the preliminary days from the rendition of his recommendation, forward the
investigation may be delegated to any lawyer of said records of the case to:
Department, or to any of the Regional Election Directors or
Provincial Election Supervisors, or any lawyer of the 1) The Director of the Law Department of the Commission in
Commission cases investigated by any of the Commission lawyers or filed
Sec. 6. Conduct of Preliminary Investigation. - (a) If on the personnel, and
basis of the complaint, affidavits and the supporting evidence, 2) The State Prosecutor, Provincial Fiscal or City Fiscal, as the
the investigating officer finds no ground to continue with the case may be, pursuant to the continuing authority provided for
inquiry, he shall recommend the dismissal of the complaint in Section 2 of this Rule.chanrobles virtual law library
and shall follow the procedure prescribed in Section 8(c) of Sec. 9. Duty of the Law Department, State Prosecutor,
this Rule. Otherwise, he shall issue a subpoena to the Provincial or City Fiscal Upon Receipt of Records. - (a)
respondent, attaching thereto a copy of the complaint, Within ten (10) days from receipt of the records stated in
affidavits and other supporting documents giving said paragraph (c) of the immediately preceding section, the State
respondent ten (10) days from receipt within which to submit Prosecutor, Provincial or City Fiscal shall take appropriate
17
action thereon, immediately informing the parties of said Sec. 2. Filing of Election Contests. - A petition contesting the
action.chanrobles virtual law library election of any municipal official shall be filed with the proper
(b) In cases investigated by the lawyers or the field personnel Regional Trial Court or mailed at the post office as registered
of the Commission, the Director of the Law Department shall matter addressed to said Court, together with six (6) legible
review and evaluate the recommendation of said legal officer, copies thereof, by any candidate for the same office who has
prepare a report and make a recommendation to the duly filed a certificate of candidacy and who was voted in the
Commission affirming, modifying or reversing the same shall election. Each contest shall refer exclusively to one office, but
be included in the agenda of the succeeding meeting en banc contests for offices of the Sangguniang Bayan may be
of the Commission. If the Commission approves the filing of consolidated in one case.chanrobles virtual law library
an information in court against the respondent/s, the Director Sec. 3. Period to File Petition. - The petition shall be filed
of the Law Department shall prepare and sign the information within ten (10) days following the date of proclamation of the
for immediate filing with the appropriate court.chanrobles results of the election.chanrobles virtual law library
virtual law library Sec. 4. Designation of Parties. - The party bringing the action
(c) In all other cases, if the recommendation to dismiss or the shall be designated as the Protestant, and the party against
resolution to file the case in court is approved by State whom the action is brought shall be designated as the
Prosecutor, Provincial or City Fiscal, they shall likewise Protestee.chanrobles virtual law library
approve the Information prepared and immediately cause its Sec. 5. Duty of Clerk of Court to Issue Notice and Serve Copy
filing with the proper court.chanrobles virtual law library of Petition. - It shall be the duty of the Clerk of Court of the
(d) If the recommendation to dismiss is reversed on the ground trial court to serve notice and a copy of the petition by means
that a probable cause exists, the State Prosecutor, or the of summons upon each respondent within five (5) days after
Provincial or City Fiscal, may, by himself prepare and file the the filing thereof.chanrobles virtual law library
corresponding information against the respondent or direct any Sec. 6. Petition to be Verified. - All petitions shall be verified
of his assistants to do so without conducting another by the parties filing them or their attorneys.chanrobles virtual
preliminary investigation.chanrobles virtual law library law library
Sec. 10. Appeals from the Action of the State Prosecution, Any subsequent pleading based on facts which ought to be
Provincial or City Fiscal. - Appeals from the resolution of the proved shall likewise be verified.chanrobles virtual law library
State Prosecutor, or Provincial or City Fiscal on the Sec. 7. Answer, Reply, Counter-Protest and Protest
recommendation or resolution of investigating officers may be in Intervention.chanrobles virtual law library - (a) Within five
made only to the Commission within ten (10) days from (5) days after receipt of notice of the filing of the petition and
receipt of the resolution of said officials, provided, however a copy of the petition, the respondent shall file his answer
that this shall not divest the Commission of its power to motu thereto specifying the nature of his defense, and serve a copy
proprio review, revise, modify or reverse the resolution of the thereof upon the protestant. The answer shall deal only with
chief state prosecutor and/or provincial/city prosecutors. The the election in the precincts which are covered by the
decision of the Commission on said appeals shall be allegations of the protest.chanrobles virtual law library
immediately executory and final.chanrobles virtual law library (b) Should the protestee desire to impugn the votes received
Sec. 11. Duty of State Prosecutor, Provincial or City Fiscal to by the protestant in other precincts, he shall file a counter-
Render Reports. - The State Prosecutor, Provincial or City protest within the same period fixed for the filing of the
Fiscal shall, within five (5) days from the rendition of their answer, serving a copy thereof upon the protestant by
resolution on recommendation or resolution of investigating registered mail or by personal delivery. In such a case, the
officers, make a written report thereof to the Commission. counter-protest shall be verified.chanrobles virtual law library
They shall likewise submit a monthly report on the status of (c) The protestant shall answer the counter-protest within five
cases filed with and/or prosecuted by them or any of their (5) days after notice.chanrobles virtual law library
assistants pursuant to the authority granted them under Section (d) Within five (5) days from the filing of the protest, any
2 of this Rule.chanrobles virtual law library other candidate for the same office may intervene in the case
Sec. 12. Private Prosecutor. - The appearance of a private as other contestants and ask for affirmative relief in his favor
prosecutor shall be allowed in cases where private rights by a verified petition in intervention, which shall be
involving recovery of civil liability are involved.chanrobles substantiated within the same proceeding. The protestant or
virtual law library protestee shall answer the protest-in-intervention within five
(5) days after notice.chanrobles virtual law library
PART VI (e) If no answer shall be filed to the protest, counter-protest or
protest-in-intervention within the time limits respectively
PROVISIONS GOVERNING ELECTION CONTESTS fixed, a general denial shall be deemed to have been
AND entered.chanrobles virtual law library
QUO WARRANTO CASES BEFORE TRIAL COURT Sec. 8. Substantial and Formal Amendments of Pleadings. -
After the case is set for hearing, no amendment to any
Rule 35 - Election Contests Before Courts of General pleading affecting the merits of the controversy shall be
Jurisdiction. allowed except by leave of Court and only upon such grounds
as will serve public interest. But such leave may be refused if
Section 1. Original Jurisdiction of Regional Trial Courts. - it appears to the court that the motion to amend was made with
Regional trial courts shall have exclusive original jurisdiction intent to delay the action. Any amendment in matters of from
over contests relating to the elections, returns and may be permitted at any stage of the proceedings.chanrobles
qualifications involving elective municipal virtual law library
officials.chanrobles virtual law library
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Sec. 9. Filing Fee. - No protest, counter-protest, or protest-in- Sec. 14. Book of Voters as Evidence. - The book of voters
intervention shall be given due course without the payment of shall be conclusive evidence in regard to the question as to
a filing fee in the amount of three hundred pesos (P300.00) for who has the right to vote in said election.chanrobles virtual
each interest.chanrobles virtual law library law library
Each interest shall further pay the legal research fee as Sec. 15. Report of the Committee on Revision. - The
required by law.chanrobles virtual law library committee on revision shall make a statement of the condition
If a claim for damages and attorney's fees are set forth in a in which the ballot boxes and their contents were found upon
protest, counter-protest or protest-in-intervention, an the opening of the same, classify the ballots so examined, and
additional filing fee shall be paid in accordance with the set forth clearly any objection that may have been offered to
schedule provided for in the Rules of Court in the each ballot in the report to be submitted by it. Disputed ballots
Philippines.chanrobles virtual law library shall be numbered consecutively for purposes of identification
Sec. 10. Cash Deposit. - (a) In any protest, counter-protest or in the presence and under the direction of the official
protest-in-intervention not requiring ballot revision, the designated by the Court. After examination, the ballots and
protestant, the counter-protestant, or intervenor, as the case other election documents shall be returned to their respective
may be, shall upon the payment of the filing fee, make a cash boxes, but disputed ballots shall be placed in a separate
deposit in the amount of five hundred pesos (P500.00) which envelope duly sealed and signed by the members of the
shall be applied to the payment of all expenses incidental to committee, after which said envelope shall then be returned to
such protest, counter-protest or protest-in-intervention. When the box. Thereafter, the boxes shall be locked. For purposes of
circumstances so warrant, additional cash deposits may be making the report which shall be submitted in twelve (12)
required. Any unused balance thereof shall be returned to the legible copies, the form prescribed by the Commission shall
party making the deposit.chanrobles virtual law library be followed.chanrobles virtual law library
(b) In case revision of ballots is required, there shall be Sec. 16. Prohibited Access. - During the revision of ballots no
deposited, within ten days after being required by the Court, person other than the Judge, the Clerk of Court, members of
the sum of three hundred pesos (P300.00) for every ballot box the committee on revision of ballots, the parties, their duly
for the consumption of revisors at the rate of P100.00 authorized representatives shall have access to the place where
each.chanrobles virtual law library said revision is taking place.chanrobles virtual law library
(c) Failure to make the cash deposits herein provided within Sec. 17. Decision on the Contest. - The Court shall decide the
the prescribed time limit shall result in the automatic dismissal election contest within thirty (30) days from the date it is
of the protest, counter-protest or protest-in-intervention, as the submitted for decision, but in every case within six (6) months
case may be.chanrobles virtual law library after its filing and shall declare who among the parties has
(d) In case the party who has paid the expenses and costs wins, been elected, or in a proper case, the none of them has been
the court shall assess, levy and collect the same as costs from legally elected. The party who in the judgment has been
the losing party.chanrobles virtual law library declared elected shall have the right to assume the office as
Sec. 11. Presentation and Reception of Evidence. - The soon as the judgment becomes final.chanrobles virtual law
presentation and reception of evidence in election contests library
shall be made in accordance with Section 2 of Rule 17 of these In case the Court finds that the protestant, protestee or
Rules, but the same shall be completed within thirty (30) days intervenor shall have an equal or highest number of votes, it
from the date of the commencement thereof.chanrobles virtual shall order the drawing of lots by those who have tied and
law library shall proclaim as elected the party who may be favored by
Sec. 12. Custody of Ballot Boxes, Election Documents and luck, and the party so proclaimed shall have the right to
Paraphernalia. - Where allegations in a protests, or counter- assume office in the same manner as if he had been elected by
protest or protest-in-intervention so warrant, or whenever in plurality vote.chanrobles virtual law library
the opinion of the Court the interest of justice so demands, it Sec. 18. Damages and Attorney's Fees in Election Contests. -
shall immediately order the ballot boxes containing ballots and In all election contests, the court may adjudicate damages and
their keys, list of voters with voting records, books of voters, attorney's fee as it may deem just and as established by the
and other documents used in the election to be brought before evidence if the aggrieved party has included such claims in his
it. Said election documents and paraphernalia shall be kept pleadings.chanrobles virtual law library
and held secure in a place to be designated by the Court in the Sec. 19. Promulgation and Finality of Decision. - The decision
care and custody of the Clerk of Court.chanrobles virtual law of the Court shall be promulgated on a date set by it of which
library due notice must be given the parties. It shall become final five
Sec. 13. Revision of Ballots. - For the purpose of revision of (5) days after its promulgation. No motion for reconsideration
ballots, the court shall appoint a committee composed of a shall be entertained.chanrobles virtual law library
chairman and two members, one member and his substitute to Sec. 20. Notice of Final Decision. - As soon as decision
be proposed by the protestant, and the other member and his declaring the election of the winner becomes final, notice
substitute by the protestee.chanrobles virtual law library thereof shall be sent to the Commission on Elections, the
The revision of the ballots by the Committee on revision shall Department of Local Government and the Commission on
be made in the office of the Clerk of Court or at such other Audit. If the decision be that none of the parties has been
place as may be designated by it, but in every case under the legally elected, the Clerk of Court shall certify such decision
Court's strict supervision.chanrobles virtual law library to the President of the Philippines and to the Commission on
The revision of the ballots shall be completed within twenty Elections.chanrobles virtual law library
(20) days from the date of the order, unless otherwise directed Sec. 21. Appeal. - From any decision rendered by the court the
by the Court, subject to the time limits prescribed under Sec. aggrieved party may appeal to the Commission on Elections
11 and Sec. 17 of this Rule.chanrobles virtual law library
19
within five (5) days after the promulgation of the on Elections, and the Department of Local Government. If the
decision.chanrobles virtual law library decision is adverse to the respondent, notice shall likewise be
Sec. 22. Preferential Disposition of Contests. - The courts sent to the Commission on Audit.chanrobles virtual law
shall give preference to election contests over all other cases, library
except those of habeas corpus.chanrobles virtual law library Sec. 14. Appeal. - From any decision rendered by the court,
the aggrieved party may appeal to the Commission on
Rule 36 - Quo Warranto Case Before Courts of General Elections, without five (5) days after the promulgation of the
Jurisdiction decision.chanrobles virtual law library
Sec. 15. Preferential Disposition of Quo Warranto Cases. -
Section 1. Filing of Petition. - A voter contesting the election The courts shall give preference to quo warranto over all other
of any municipal official on the ground of ineligibility or cases, except those of habeas corpus.chanrobles virtual law
disloyalty to the Republic of the Philippines may file a petition library
for quo warranto with the appropriate Regional Trial
Court.chanrobles virtual law library PART VII
Sec. 2. Designation of Parties. - The party filing the petition
shall be referred to as the Petitioner and the party against ELEVATION OF DECISIONS TO THE SUPREME
whom it is filed shall be known as the Respondent.chanrobles COURT
virtual law library
Sec. 3. Period Within Which to File the Petition. - The petition Rule 37 - Review of Decisions of the Commission
shall be filed within ten (10) days after the proclamation of the
results of the election.chanrobles virtual law library Section 1. Petition for Certiorari; and Time to File. - Unless
Sec. 4. Petition to be Verified. - The petition shall be verified otherwise provided by law, or by any specific provisions in
by the party filing it or by his attorney. Any subsequent these Rules, any decision, order or ruling of the Commission
pleading based on facts which ought to be proved shall may be brought to the Supreme Court on certiorari by the
likewise be verified.chanrobles virtual law library aggrieved party within thirty (30) days from its
Sec. 5. Filing Fee. - No petition for quo warranto shall be promulgation.chanrobles virtual law library
given due course without the payment of a filing fee in the Sec. 2. Non-reviewable Decisions. - Decisions in appeals from
amount of Three Hundred Pesos (P300.00) and the legal courts of general or limited jurisdiction in election cases
research fee as required by law.chanrobles virtual law library relating to the elections, returns, and qualifications of
Sec. 6. Summons. - It shall be the duty of the Clerk of Court to municipal and barangay officials are not
serve notice and a copy of the petition by means of summons appealable.chanrobles virtual law library
upon each respondent within five (5) days after the filing of Sec. 3. Decisions Final After Five Days. - Decisions in pre-
the petition.chanrobles virtual law library proclamation cases and petitions to deny due course to or
Sec. 7. Answer. - Within five (5) days from receipt of the cancel certificates of candidacy, to declare a candidate as
notice and a copy of the petition, the respondent shall file his nuisance candidate or to disqualify a candidate, and to
verified answer to the petition.chanrobles virtual law library postpone or suspend elections shall become final and
Sec. 8. Substantial and Formal Amendments of Pleadings. - executory after the lapse of five (5) days from their
The provision of Section 8 of Rule 35 of these Rules shall promulgation, unless restrained by the Supreme
apply in respect to amendments of pleadings.chanrobles Court.chanrobles virtual law library
virtual law library
Sec. 9. Immediate Hearing; Presentation and Reception PART VIII
of Evidence.chanrobles virtual law library - Upon the joinder
of issues, the Clerk of Court shall immediately set the case for GENERAL PROVISIONS
hearing.chanrobles virtual law library
The presentation and reception of evidence shall be made in Rule 38 - Clerk of Court and Deputy Clerk of Court of the
the manner prescribed in Section 2 Rule 17 of these Commission
Rules.chanrobles virtual law library
Sec. 10. Termination of Hearing. - The hearing shall be Section 1. Clerk of Court. - (a) In Special Actions, Special
completed within thirty (30) days from the date of the filing of Cases and Special Proceedings, the Director of the Law
the petition.chanrobles virtual law library Department or his duly authorized representative shall serve as
Sec. 11. Decision. - The court shall decide the case within the Clerk of Court of the Commission.chanrobles virtual law
thirty (30) days from the date it is submitted for decision, but library
in every case within six (6) months after its filing.chanrobles (b) In ordinary Actions, and in Special Reliefs, the Director of
virtual law library the Electoral Contests Adjudication Department shall serve as
Sec. 12. Promulgation and Finality of the Decision. - The the Clerk of Court of the Commission.chanrobles virtual law
decision of the court shall be promulgated on a date set by it of library
which due notice must be given the parties. It shall become Sec. 2. Duties of the Clerks of Court. - The Clerks of Court of
final five (5) days after its promulgation.chanrobles virtual law the Commission shall, subject to the supervision of the
library Chairman of the Commission, manage for the Commission the
No motion for reconsideration shall be entertained.chanrobles proper hearing and disposition of all cases within their
virtual law library respective area of responsibility as stated in Section 1 hereof.
Sec. 13. Notice of Final Decision. - As soon as a decision Each shall:
becomes final, notice thereof shall be sent to the Commission
20
(a) Receive all pleadings and other documents properly Sec. 7. Stenographers. - Every session or hearing of the
presented, endorsing on each such document the date when it Commission, whether en banc or in Division, shall be attended
was filed, and furnishing each Member a copy thereof; by at least two (2) competent stenographers.chanrobles virtual
(b) Keep a judicial docket wherein shall be entered in law library
chronological order the cases and the proceedings had thereon; Sec. 8. Duties of Stenographers. - It shall be the duty of the
(c) Prepare the calendar of cases; stenographers to:
(d) Attend sessions of the Commission and enter in a minute (a) Record faithfully in stenographic notes the proceedings
book all proceedings therein; during the session or hearing of the Commission en banc or of
(e) Issue under his signature and the office seal, notices, orders the Division;
and decisions which are to be given due course, furnishing (b) At the close of every hearing or session, to deliver
each Member copies thereof; immediately the stenographic notes he has taken to the Clerk
(f) Execute orders, resolutions, decisions and processes issued of Court or Division Clerk of Court who shall initial all the
by the Commission; pages thereof and who shall stamp the date of receipt thereon,
(g) Keep a judgment book containing a copy of judgments and when such notes are transcribed, the transcript shall
rendered by the Commission in the order of their dates, and a likewise be delivered to the Clerk of Court who shall initial
book of entries of judgments containing at length in each page thereof. It shall be the duty of the Clerk of Court to
chronological order entries of all final judgments or orders of demand that the stenographer comply with said task;
the Commission; (c) Transcribe the notes, upon demand of the Commission or
(h) Keep an account of the funds received and disbursed the Division, or by any of the parties, subject to the payment
relative to the cases when so directed; of the prescribed fees; and
(i) Keep and secure all records, papers, files, exhibits, the (d) Perform such other duties as the Commission may
office seal and other public property committed to his charge; prescribe.chanrobles virtual law library
(j) Perform such other duties as are prescribed by law for Sec. 9. Security. - At any session or hearing of the
clerks of superior courts; and Commission or any of its Divisions, the Executive Director
(k) Keep such books and perform such duties as the thru the Assistant Director for Administration, shall provide
Commission may direct.chanrobles virtual law library adequate security for and in the session hall and its
Sec. 3. Deputy Clerks of Court. - (a) The Assistant Director of premises.chanrobles virtual law library
the Law Department shall serve as Deputy Clerk of Court in Sec. 10. Support Staff. - The Commission or any of the
all cases where the Director of said Department acts as the Divisions may require other employees of the Commission to
Clerk of Court of the Commission.chanrobles virtual law assist the Commission or the Divisions during its session or
library hearing or in the performance of its duties. They shall be
(b) The Assistant Director of the Electoral Contests under the supervision of the Clerk of Court
Adjudication Department shall serve as the Deputy Clerk of concerned.chanrobles virtual law library
Court in all cases where the Director of said Department acts
as the Clerk of Court of the Commission.chanrobles virtual Rule 39 - Seal of the Commission
law library
Sec. 4. Duties of Deputy Clerks of Court. - The Deputy Clerks Section 1. Custodian of the Seal. - The Secretary of the
of Court shall assist their respective Clerks of Court and shall Commission, the Director of the Law Department and the
perform such other duties and functions as may be assigned to Director of the Electoral Contests Adjudication Department
them by their respective Clerks of Court.chanrobles virtual shall each keep a seal of the Commission.chanrobles virtual
law library law library
Sec. 5. Division Clerks of Courts. - Each Division shall have a Sec. 2. Use of the Seal. - The seal of the Commission shall be
Division Clerk of Court who must be a ranking lawyer from affixed to all decisions, orders, rulings or resolutions of the
either the Law Department or the Electoral Contests Commission or any of its Divisions, certified copies of official
Adjudication Department and designated by the Commission records, and such other documents which the Commission
upon the joint recommendation of the Directors of said may require to be sealed.chanrobles virtual law library
departments.chanrobles virtual law library
Sec. 6. Duties of the Division Clerks of Court. - A Division Rule 40 - Fees and Charges
Clerk of Court shall:
(a) Attend the hearings of sessions of his Division; Section 1. Filing Fees for Election Contests and Quo
(b) Coordinate in the preparation of the calendar of cases; Warranto. - (a) The filing fees for election contests and quo
(c) Call the cases in the calendar during sessions or hearings; warranto cases and petitions for certiorari, prohibition or
(d) Supervise the stenographers; mandamus filed with the Commission are hereby prescribed as
(e) Administer oaths to witnesses; follows:
(f) Mark exhibits of the parties, indicating therein the date and (1) Election protests and quo warranto cases P500.00 for each
affixing thereto his signature; interest;
(g) Be responsible to the Clerk of Court of the Commission for (2) Counter-protest or protest-in-intervention
the safety and security of the records of cases and other P500.00.chanrobles virtual law library
documents entrusted to him during sessions or hearings; and Each interest mentioned above shall pay an additional amount
(h) Perform such duties as may be assigned by the Presiding of P10.00 as legal research fee in accordance with the
Commissioner or by the Clerk of Court concerned.chanrobles provisions of Sec. 4, Republic Act No. 3870, as amended by
virtual law library Presidential Decree No. 200 and Presidential Decree No.
1856.chanrobles virtual law library
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(b) Cash deposits. - In any protest or counter-protest or fixed in the order. This amount shall be applied to all expenses
protest-in-intervention not requiring ballot revision, the incidental to the controversy. When circumstances so demand,
following cash deposits shall be paid by the interested party; additional cash deposits may be required.chanrobles virtual
(1) For each election contestP1,000.00; law library
(2) For each counter-protest or protest-in-intervention Whenever applicable, the revisor's fees fixed on Section 1 (c)
P1,000.00.chanrobles virtual law library above shall be deposited with the Cash Division,
(c) In any protest, counter-protest or protest-in-intervention Administrative Services Department of the Commission by the
requiring ballot revision the following cash deposits shall be party concerned.chanrobles virtual law library
paid by the interested party: Sec. 6. Legal and Administrative Fees, Service Charges and
(1) For each election contestP5,000.00; Costs. - The legal fees, service charges and costs prescribed
(2) For each counter-protest or protest-in-intervention herein are hereby authorized to be charged and/or collected by
P5,000.00.chanrobles virtual law library the Commissioner for the service, action or proceeding
The cash deposits prescribed above shall be applied to the hereinafter mentioned.chanrobles virtual law library
payment of all expenses incidental to such protest, counter- Sec. 7. Legal Fees. - The following legal fees shall be charged
protest or protest-in-intervention. When circumstances so and collected:
demand, additional cash deposits may be required. Any (a) For furnishing certified transcripts of records of copies on
unused balance thereof shall be returned to the protestant, any record, decision, ruling or entry of which any person is
counter-protestant or protestant-intervenor, as the case may entitled to demand and receive a copy, per pageP5.00;
be.chanrobles virtual law library (b) For every certificate not on process, first ten (10)
(d) In case of revision of ballots, there shall be deposited the pagesP50.00 succeeding, per pageP1.00;
sum of P350.00 for every ballot box for the compensation of (c) For every search of any record (per page) and reading the
the revisors at the rate of P100.00 each and as reserve for same. P10.00;
expenses.chanrobles virtual law library (d) For every search of any record (per page) pertaining to
(e) If a claim for damages and attorney's fees are set forth in a election cases and reading the same. P20.00
protest, counter-protest or protest-in-intervention, an (e) For copying (photo or xerox) of any list, document or
additional filing fee shall be paid at the rate of P300.00 for the record using machines of requesting parties, per pageP0.50
first one hundred fifty thousand pesos and P4.00 for every one (f) For filing of a motion for reconsideration on a decision,
thousand pesos over the first P150.000.00 order or resolutionP300.00
Sec. 2. Filing Fees in Special Actions and Special (g) For copying (xerox) of any list, document or records, using
Proceedings. - (a) The petitioner in any Special Action or the machines and materials of the Commission, per pageP1.50
Special Proceeding shall pay a filing fee of (h) For every issuance of a duplicate voter's identification
P500.00.chanrobles virtual law library card. P10.00
(b) In every such a case, a legal research fee of P10.00 The fees and charges prescribed herein shall be reduced by
pursuant to Sec. 4 of Republic Act No. 3870, as amended, fifty percent (50%) if the purpose of the request is for
shall be paid.chanrobles virtual law library academic research work.chanrobles virtual law library
(c) In petition for registration of political parties, organizations The department/office which is the legal custodian of the
or coalition of political parties, there shall be paid an document/record requested shall be responsible for the
additional sum of P1,000.00 for the certificate of copying (xeroxing) thereof and shall certify that it is a coy of
registration.chanrobles virtual law library the official records of the Commission, and shall affix thereto
Sec. 3. Appeal Fees. - The appellant in election cases shall pay the seal of the Commission.chanrobles virtual law library
an appeal fee as follows: No certified copy of any official record of the Commission
(a) Election cases appealed from Regional Trial Courts shall be issued without the payment of the corresponding
P1,000.00.chanrobles virtual law library fees.chanrobles virtual law library
(b) Election cases appealed from courts of limited jurisdiction. Sec. 8. Where Fees are to be Paid. - The fees herein before
P500.00.chanrobles virtual law library provided shall be paid by the party concerned to the Cash
In every case, a legal research fee of P20.00 shall be paid by Division, Administrative Service Department of the
the appellant in accordance with Sec. 4, Republic Act No. Commission, at the time of request or demand. If the fees are
3870, as amended.chanrobles virtual law library not paid, the Commission may refuse to take action thereon
Sec. 4. Where and When to Pay. - The fees prescribed in until they are paid.chanrobles virtual law library
Sections 1, 2 and 3 hereof shall be paid to, and deposited with, Sec. 9. Fees for Bailiffs, Sheriffs, and Other Persons
the Cash Division of the Commission within a period to file Serving Process.chanrobles virtual law library - (a) For
the notice of appeal.chanrobles virtual law library executing any process of the Commission, for each kilometer
Sec. 5. Filing Fees in Special Cases. - (a) In special Cases the of travel in the service of process, reckoned from the place of
petitioner shall pay a filing fee of P500.00.chanrobles virtual service to the place to which the process is returnable, P1.00,
law library but if the process is executed by a municipal deputy sheriff
(b) In such cases there shall be imposed an amount of P10.00 residing in the municipality where the party served is residing
as legal research fee in accordance with Sec. 4, Republic Act such officer shall receive the fees for the service of process
No. 3870, as amended.chanrobles virtual law library without kilometrage, provided that the party requiring the
(c) Cash Deposit - If in a Special Case a recount of the ballots process shall deposit with the Commission at the time of
is required, the Commission or the Division to which the case request the estimated cost of expenses for kilometrage and per
is assigned, shall order the interested party to make a cash diems to be incurred by the Sheriff but more than
deposit of P2,000.00 with the Cash Division, Administrative P1,000.00.chanrobles virtual law library
Services Department of the Commission, within a period to be
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(b) For serving summons and a copy of petition furnished by the Civil Code. But this section shall have no relation to the
the petitioner for each respondent, P20.00 but when the fees to be charged by an attorney as against his
respondents reside at the same place, the fee shall be P10.00 client.chanrobles virtual law library
for each respondent; and Sec. 17. Costs When Witness Fails to Appear. - If a witness
(c) For serving subpoenas, for each witness served, P5.00 fails to appear at the time and place specified in the subpoena
besides travel fees.chanrobles virtual law library issued by the Commission, the costs of the warrant of arrest of
Sec. 10. Fees for Stenographers. - Stenographers shall give the witness shall be paid by the witness if the Commission
certified transcript of notes taken by them to every person shall determine that his failure to answer the subpoena was
requesting the same upon payment of (a) P2.00 for each page willful or without just excuse.chanrobles virtual law library
of not less than two hundred and fifty words before the case is Sec. 18. Non-payment of Prescribed Fees. - If the fees above
brought to the Supreme Court on certiorari, and (b) P1.00 for prescribed are not paid, the Commission may refuse to take
the same page, thereafter.chanrobles virtual law library action thereon until they are paid and may dismiss the action
Sec. 11. Witness' Fees. - Witnesses in any action in the or the proceeding.chanrobles virtual law library
Commission shall be entitled to P20.00 per day and P1.00 for Sec. 19. Government Exempt. - The Republic of the
each kilometer of travel in going to the place of hearing and Philippines is exempt from paying the legal fees provided in
coming from their homes within the Philippines by the nearest this resolution.chanrobles virtual law library
route of usual travel, or in lieu of said mileage, actual travel Sec. 20. Collection and Remittances of Legal Research Fee. -
expenses by the cheapest means of transportation.chanrobles The amount collected as legal research fee shall be receipted
virtual law library for as "Legal Research Fund" and shall be immediately
A witness shall not be allowed compensation for his remitted to the University of the Philippines.chanrobles virtual
attendance in more than one case or more than one side of the law library
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 PART IX
both sides, to claim his attendance. A person who is compelled
to attend the hearing on other business of the Commission CONCLUDING PROVISIONS
shall not be paid as witness.chanrobles virtual law library
Sec. 12. Costs. - Costs shall be allowed to the prevailing party Rule 41 - Supplementary Rules
as a matter of course, but the Commission shall have the
power, for special reasons, to adjudge the either party shall Section 1. The Rules of Court. - In the absence of any
pay the costs of an action, or that the same be divided, as applicable provisions in these Rules, the pertinent provisions
maybe equitable. No costs shall be allowed against the of the Rules of Court in the Philippines shall be applicable by
Republic of the Philippines unless otherwise provided by analogy or in suppletory character and effect.chanrobles
law.chanrobles virtual law library virtual law library
Sec. 13. Costs in Action or Processing. - In an action or
proceeding before the Commission, the prevailing party may Rule 42 - Repealing Clause and Effectivity
recover the following cost:
(a) For his own attendance, and that of his attorney, down to Section 1. Repealing Clause. - All resolutions, rules,
and including final judgment, one hundred peso (P100.00); regulations or circulars of the Commission or parts thereof
(b) All lawful fees charged against him by the Commission, in which are inconsistent with any provision of these Rules are
entering and docketing the action and recording the hereby deemed repealed or modified accordingly.chanrobles
proceedings and judgment therein and for the issuing of all virtual law library
processes; Sec. 2. Transitory Provision. - These rules shall govern all
(c) If testimony is received in the Commission, not taken in cases brought after they take effect and also further
another court and transmitted thereto, the prevailing party proceedings in cases than pending, except to the extent that in
shall be allowed the same costs for witness fees, depositions, the opinion of the Commission or the court in appropriate
and process and service thereof as he would have been cases, an application would not be feasible or would work
allowed for such items had the testimony been introduced in injustice, in which event the former procedure shall
the lower courts; and apply.chanrobles virtual law library
(d) The lawful fees of a commissioner in any action may also Sec. 3. Separability Clause. - If any part of these Rules is
be taxed against the defeated party, or apportioned as justice declared unconstitutional, the remaining part not affected
requires.chanrobles virtual law library thereby shall remain valid and effective.chanrobles virtual law
Sec. 14. When Action or Appeal Dismissed. - If an action or library
an appeal is dismissed for want of jurisdiction or otherwise, Sec. 4. Effectivity. - These Rules shall be published in the
the Commission nevertheless shall have the power to render Official Gazette or in two (2) daily newspapers of general
judgment for costs, as justice may require.chanrobles virtual circulation and shall take effect on the seventh day following
law library its publication.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
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