Republic of the Philippines Supreme Court Manila RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE MUNICIPAL AND BARANGAY OFFICIALS PURSUANT to the provisions of Article VIII, Section 5(5) of the Constitution, and in order to achieve an expeditious, inexpensive and just determination of election cases before the courts, the Supreme Court hereby adopts and promulgates the following rules. RULE 1 SCOPE SECTION 1. Coverage.—These Rules shall govern the filing of pleadings, practice and procedure in election protests and petitions for quo warranto before courts of general jurisdiction and courts of limited jurisdiction relating to elective municipal and barangay officials. SEC. 2. Application of the Rules of Court.—The Rules of Court shall apply by analogy or in a suppletory character, and whenever practicable and convenient. SEC. 3. Definitions.—As used in these Rules: (a) Courts — refer to the Regional Trial Courts or the Municipal Trial Courts, including the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial
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Am.no.07!4!15-Sc Rules of Procedure on Election Contests
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Republic of the Philippines Supreme Court
Manila
RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE
COURTS INVOLVING ELECTIVE MUNICIPAL AND BARANGAY OFFICIALS
PURSUANT to the provisions of Article VIII, Section 5(5) of the
Constitution, and in order to achieve an expeditious, inexpensive and just
determination of election cases before the courts, the Supreme Court
hereby adopts and promulgates the following rules.
RULE 1 SCOPE
SECTION 1. Coverage.—These Rules shall govern the filing of
pleadings, practice and procedure in election protests and petitions for
quo warranto before courts of general jurisdiction and courts of limited
jurisdiction relating to elective municipal and barangay officials.
SEC. 2. Application of the Rules of Court.—The Rules of Court
shall apply by analogy or in a suppletory character, and whenever
practicable and convenient.
SEC. 3. Definitions.—As used in these Rules:
(a) Courts — refer to the Regional Trial Courts or the
Municipal Trial Courts, including the Metropolitan
Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial
Rules of Procedure in Election Contests
page 2
Courts.
(b) Election — means the choice or selection of
candidates to public office by popular vote through
the use of the ballot. Specifically, it may refer to the
conduct of the polls, including the listing of voters,
the holding of the electoral campaign, and the casting
and counting of ballots and canvassing of returns.
(c) Election Contests — refer to election protests or
petitions for quo warranto.
(d) Election Protest — refers to an election contest
relating to the election and returns of elective
officials, grounded on frauds or irregularities in the
conduct of the elections, the casting and counting of
the ballots and the preparation and canvassing of
returns. The issue is who obtained the plurality of
valid votes cast.
(e) Quo Warranto under the Omnibus Election Code —
refers to an election contest relating to the
qualifications of an elective official on the ground of
ineligibility or disloyalty to the Republic of the
Philippines. The issue is whether respondent
possesses all the qualifications and none of the
disqualifications prescribed by law.
(f) Revision of Ballots — refers to the process of a
recount of the ballots involving physical counting and
segregation of ballots for the protestant, protestee and
other candidates for the same position and the
recording of objections and claims to ballots.
(g) Promulgation — refers to the process by which a
decision is published, officially announced, made
known to the public and delivered to the clerk of court
for filing, coupled with notice to the parties or their
counsel.
Rules of Procedure in Election Contests
page 3
SEC. 4. Inherent powers of the court.—When performing its
functions, a court shall have the inherent power to:
(a) Preserve and enforce order in its immediate presence;
(b) Enforce order in proceedings before it, or before a
person or persons empowered to conduct a judicial
investigation under its authority;
(c) Compel obedience to its judgments, orders and
processes, and to the lawful orders of a judge out of
court, in a case pending therein;
(d) Control, in furtherance of justice, the conduct of its
ministerial officers, and of all other persons in any
manner connected with a case before it, in every
manner appertaining thereto;
(e) Compel the attendance of persons to testify in a case
pending therein;
(f) Administer or cause to be administered oaths in a case
pending therein, and in all other cases where it may be
necessary in the exercise of its powers;
(g) Amend and control its processes and orders so as to
make them conformable to law and justice; and
(h) Authorize a copy of a lost or destroyed pleading or
other paper to be filed and used instead of the original
and to restore and supply deficiencies in its records
and proceedings.
SEC. 5. Means to carry jurisdiction into effect.—All auxiliary
writs, processes, and other means necessary to carry into effect its powers
or jurisdiction may be employed by the court and, if the procedure to be
followed in the exercise of such jurisdiction is not specifically provided
by law or these Rules, the court may adopt any suitable process or mode
of process which appears conformable to the spirit of said law or rules.
Rules of Procedure in Election Contests
page 4
RULE 2 ELECTION CONTESTS
SECTION 1. Jurisdiction of regional trial courts.—Regional trial
courts shall have exclusive original jurisdiction over all election contests
involving elective municipal officials.
SEC. 2. Jurisdiction of municipal trial courts.—Municipal trial
courts shall have exclusive original jurisdiction over all election contests
involving elective barangay officials.
SEC. 3. How initiated.—An election contest is initiated by the
filing of an election protest or a petition for quo warranto against an
elective municipal or barangay official. An election protest or a petition
for quo warranto shall be filed directly with the proper court in three
legible copies plus such number of copies corresponding to the number
of protestees or respondents.
An election protest shall not include a petition for quo warranto,
nor shall a petition for quo warranto include an election protest.
SEC. 4. Modes of service and filing.—Service and filing of
pleadings, including the initiatory petition and other papers, shall be done
personally. Except with respect to papers emanating from the court, a
resort to other modes of service must be accompanied by a written
explanation why the service or filing was not done personally. A
violation of this Rule shall be cause to consider the pleading or paper as
not filed.
SEC. 5. Election protest.—A petition contesting the election or
returns of an elective municipal or barangay official shall be filed with
the proper regional trial court or municipal trial court by any candidate
who was voted for the same office and who received the second or third
highest number of votes or, in a multi-slot position, was among the next
four candidates following the last-ranked winner duly proclaimed, as
Rules of Procedure in Election Contests
page 5
reflected in the official results of the election contained in the Statement
of Votes By Precinct. The party filing the protest shall be designated as
the protestant; the adverse party shall be known as the protestee.
Each contest shall refer exclusively to one office; however,
contests for offices of Sangguniang Bayan or Sangguniang Barangay
may be consolidated in one case.
SEC. 6. Quo Warranto.—A petition for quo warranto against an
elective municipal or barangay official shall be filed with the proper
regional trial court or municipal trial court by any registered voter who
has voted in the election concerned. The party filing the petition shall be
designated as the petitioner; the adverse party shall be known as the
respondent.
SEC. 7. Petition must be verified and accompanied by a certificate
of non-forum shopping.—An election protest or a petition for quo
warranto shall be verified by an affidavit stating that the affiant has read
the petition and that the allegations therein are true and correct of
affiant’s own knowledge or based on authentic records. A verification
based on “information and belief” or upon the “knowledge, information
and belief” is not a sufficient verification.
The protestant or petitioner shall sign personally the certificate of
non-forum shopping which must be annexed to the election protest or
petition for quo warranto.
An unverified petition or one with insufficient verification or
unaccompanied by a certificate of non-forum shopping shall be dismissed
outright and shall not suspend the running of the reglementary period to
file an election protest or petition for quo warranto.
SEC. 8. Period to file protest or petition; non-extendible.—The
election protest or petition for quo warranto shall be filed within the non-
extendible period of ten days following the date of proclamation.
SEC. 9. Pendency of pre-proclamation controversy.—The
Rules of Procedure in Election Contests
page 6
pendency of a pre-proclamation controversy involving the validity of the
proclamation as defined by law shall suspend the running of the period to
file an election protest or petition for quo warranto.
SEC. 10. COMELEC judgment in disqualification case.—A
decision of the Commission on Elections, either in division or en banc, in
a disqualification case shall not bar the filing of a petition for quo
warranto based on the same ground, except when the Supreme Court has
affirmed the COMELEC decision.
SEC. 11. Contents of the protest or petition.—An election protest
or petition for quo warranto shall specifically state the following facts:
(a) the position involved;
(b) the date of proclamation; and
(c) the number of votes credited to the parties per
proclamation.
An election protest shall also state:
(d) the total number of precincts of the municipality or
the barangay concerned;
(e) the protested precincts and votes of the parties in the
protested precincts per the Statement of Votes By
Precinct or, if the votes of the parties are not
specified, an explanation why the votes are not
specified; and
(f) a detailed specification of the acts or omissions
complained of showing the electoral frauds, anomalies
or irregularities in the protested precincts.
SEC. 12. Raffle of cases.—The Supreme Court shall designate the
courts which shall take cognizance of election protests and petitions for
quo warranto. Assignment of cases to such courts shall be done
exclusively through raffle conducted by the executive judge or by the
judges designated by the Supreme Court. No court may assume
jurisdiction over an election contest unless assigned to it by raffle.
Rules of Procedure in Election Contests
page 7
Twenty-four hours before the raffle, the clerk of court must serve notice
personally on the parties, stating its date and time. Proof of service shall
be submitted. The raffle shall be open to the public. The Supreme Court
shall issue the necessary circular implementing this proviso.
The Court may order a change of venue or place of trial for
compelling reasons to avoid a miscarriage of justice.
SEC. 13. Summary dismissal of election contest.—The court shall
summarily dismiss, motu proprio, an election protest, counter-protest or
petition for quo warranto on any of the following grounds:
(a) The court has no jurisdiction over the subject matter;
(b) The petition is insufficient in form and content as
required in Section 11 hereof;
(c) The petition is filed beyond the period prescribed in
these Rules;
(d) The filing fee is not paid within the period for filing
the election protest or petition for quo warranto; and
(e) In case of protest where a cash deposit is required, the
cash deposit is not paid within five days from the
filing of the protest.
RULE 3 SUMMONS
SECTION 1. Summons.—Within twenty-four hours from the
filing of the protest or petition, the clerk of court shall issue the
corresponding summons to the protestee or respondent, together with a
copy of the protest or petition, requiring the filing of an answer within a
non-extendible period of five days from notice.
SEC. 2. Service of summons.—The summons shall be served by
handing a copy to the protestee or respondent in person or, in case of
refusal of the protestee or respondent to receive and sign for it, by
Rules of Procedure in Election Contests
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tendering the same.
If, for justifiable causes, the protestee or respondent cannot be
served in person as provided above, service may be effected by leaving
copies of the summons at:
(a) the residence of protestee or respondent with some
person of suitable age and discretion residing therein,
or
(b) the office or regular place of business of protestee or
respondent with some competent person in charge
thereof.
SEC. 3. By whom served.—The summons shall be served by the
sheriff, deputy sheriff, process server or any suitable person authorized
regulations or circulars of the Supreme Court or parts thereof that are
Rules of Procedure in Election Contests
page 33
inconsistent with any provision of these Rules are hereby deemed
repealed or modified accordingly.
Rules 35 and 36 of the 1993 COMELEC Rules of Procedure
governing election contests and quo warranto cases before the trial courts
are deemed superseded by these Rules.
SEC. 2. Effectivity clause.—These Rules shall take effect on May
15, 2007 following their publication in two newspapers of general
circulation in the Philippines not later than May 3, 2007.
PRESCRIBED REVISION FORM _________________________
Protestant,
- versus -
Case No. __________
_________________________ Municipality
_________________________
Protestee.
Revision Committee No. _____ Protest ( )
Counter-Protest ( ) REVISION REPORT
Barangay: Precinct No. Time commenced:
Date revised: Time finished:
I. Condition of the Ballot Box Ballot Box Serial No.: Type of padlocks: No. of padlocks: No. of keys: Outer Metal Seal Serial No.: Inner Metal Seal Serial No.: Condition (State if properly attached and locked or not):
Condition (State if properly attached and locked or not):
II. Contents of Ballot Box
A. Data from Minutes of Voting No. of Illiterate/Physically Disabled Voters:
Condition of Envelope and Paper Seal:
No. of ballots found inside compartment for valid ballots:
Inner Paper Seal Serial No.: Total No. of Registered Voters:
No. of “EXCESS” ballots (ballots cast in excess of the number of voters who actually voted):
No. of Voters who Actually Cast Their Votes: No. of Ballots Read and Counted:
Serial Numbers of Official Ballots Issued:
____________ to ____________ No. of Marked Ballots: No. of Ballots marked “SPOILED,” withdrawn from compartment of valid ballots:
Serial Numbers of Official Ballots left unused:
____________ to ____________
Page 2
B. Data from Tally Board/Sheet Votes for Protestant:
Votes for other Candidates:
Votes for Protestee:
C. Data from the Election Returns Condition of Envelope and Paper Seal: Envelope Return Serial No.:
Paper Seal Serial No.:
No. of Registered Voters
No. of Voters Who Actually Voted
Votes for Protestant:
Votes for other Candidates:
Votes for Protestee:
III. Revision of Ballots
A. Envelope for Valid Ballots Condition of Envelope and Paper Seal:
4. No. of BALLOTS FOR OTHER CANDIDATES:
a. Claimed by Protestant: Exhibits Nos. ________ to ________
(See Annex “B”) 1. No. of Ballots Inside Envelope:
b. Claimed by Protestee: Exhibits Nos. ________ to ________
(See Annex “B-1”) 2. No. of Ballots for PROTESTEE:
c. Unclaimed ballots:
a. Objected to by Protestant: Exhibits Nos. ________ to ________
(See Annex “A”)
5. No. of STRAY BALLOTS:
b. Uncontested Ballots for Protestee: 3. No. of Ballots for PROTESTANT:
a. Claimed by Protestant: Exhibits Nos. ________ to ________
(See Annex “C”)
a. Objected to by Protestee: Exhibits Nos. ________ to ________
(See Annex “A-1”)
b. Claimed by Protestee: Exhibits Nos. ________ to ________
(See Annex “C-1”) b. Uncontested Ballots for Protestant:
c. Unclaimed Ballots:
B. Envelope for Spoiled Ballots
C. Envelope for Marked Ballots
D. Envelope for Excess Ballots
Condition of Envelope and Paper Seal
1. Ballots Inside Envelope
2. Claimed by Protestant
Exhibits Nos. ______ to ______ (See Annex “D”)
Exhibits Nos. ______ to ______ (See Annex “E”)
Exhibits Nos. ______ to ______ (See Annex “F”)
3. Claimed by Protestee
Exhibits Nos. ______ to ______ (See Annex “D-1”)
Exhibits Nos. ______ to ______ (See Annex “E-1”)
Exhibits Nos. ______ to ______ (See Annex “F-1”)
4. Unclaimed Ballots
Page 3
E. Total No. of Official Ballots (Total of A, B, C and D): _______________ F. Total No. of Lower Detachable Coupons: _______________
IV. Comments/Observations (Include here a statement of the Annexes used)
V. Certification
We hereby certify that the data written and conclusions reached in this report are true and correct.
_________________________ Chairperson
_________________________ Protestant’s Revisor
_________________________
Protestee’s Revisor
Page 4
Precinct No. __________
Annex “A”
BALLOTS FOR PROTESTEE OBJECTED TO BY PROTESTANT EXHIBIT
NOS. OBJECTION CODE
(WBO; WBT; MB; SB; COMB; MISC)
OBJECTIONS (Specifics, if any)
WBO – Written By One; WBT – Written By Two; MB – Marked Ballot; SP – Spurious Ballot; COMB – Combination; MISC – Miscellaneous Objection
Page 5
Precinct No. __________
Annex “A-1”
BALLOTS FOR PROTESTANT OBJECTED TO BY PROTESTEE EXHIBIT
NOS. OBJECTION CODE
(WBO; WBT; MB; SB; COMB; MISC)
OBJECTIONS (Specifics, if any)
WBO – Written By One; WBT – Written By Two; MB – Marked Ballot; SP – Spurious Ballot; COMB – Combination; MISC – Miscellaneous Objection
Page 6
Precinct No. __________
Annex “B”
BALLOTS FOR OTHER CANDIDATES CLAIMED BY PROTESTANT EXHIBIT
NOS. BASIS OF CLAIM
(NR; IR; IS; COMB; MISC)
GROUNDS OF CLAIM (Specifics, if any)
NR – Neighborhood Rule; IR – Intent Rule; IS – Idem Sonans; COMB – Combination; MISC – Miscellaneous Grounds
Page 7
Precinct No. __________
Annex “B-1”
BALLOTS FOR OTHER CANDIDATES CLAIMED BY PROTESTEE EXHIBIT
NOS. OBJECTION CODE
(WBO; WBT; MB; SB; COMB; MISC)
GROUNDS OF CLAIM (Specifics, if any)
WBO – Written By One; WBT – Written By Two; MB – Marked Ballot; SP – Spurious Ballot; COMB – Combination; MISC – Miscellaneous Objection
Page 8
Precinct No. __________
Annex “C”
STRAY BALLOTS CLAIMED BY PROTESTANT EXHIBIT
NOS. BASIS OF CLAIM
(NR; IR; IS; COMB; MISC)
GROUNDS OF CLAIM (Specifics, if any)
NR – Neighborhood Rule; IR – Intent Rule; IS – Idem Sonans; COMB – Combination; MISC – Miscellaneous Grounds
Page 9
Precinct No. __________
Annex “C-1”
STRAY BALLOTS CLAIMED BY PROTESTEE EXHIBIT
NOS. BASIS OF CLAIM
(NR; IR; IS; COMB; MISC)
GROUNDS OF CLAIM (Specifics, if any)
NR – Neighborhood Rule; IR – Intent Rule; IS – Idem Sonans; COMB – Combination; MISC – Miscellaneous Grounds