ELECTION LAW REPORT_2.docx

ELECTION LAW

Remedies (R.A.# 7166, B.P. Blg 881 and Comelec Rules of Procedure)

Submitted to:Atty. Dolette C. Banzon

Submitted by:Ampaso, CosniaDamasing, Eric

Mabayo, Hannah

LICEO DE CAGAYAN UNIVERSITY – COLLEGE OF LAW

February 26, 2013PRE-PROCLAMATION CONTROVERSY

Definition

A pre-proclamation controversy refers to any question pertaining to or affecting the proceeding of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under Sections 233, 234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns.

It should refer to an election controversy raised before proclamation. After proclamation, the controversy becomes an “Election Contest”.

Purpose

The purpose of a Pre-proclamation controversy is to ascertain the winners in the election on the basis of the election returns duly authenticated by the board of inspectors and admitted by the board of canvassers (Abella v. Larrazabal,180 SCRA 506[1989] )

Jurisdiction

The Commission shall have exclusive jurisdiction of all pre-proclamation controversies involving local elective officials. It may motu propio or upon written petition, and after due notice and hearing, order the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation.

Exception: Pre-proclamation cases are not allowed under Section 15 of R.A. No. 7166 in elections for President, Vice-President, Senator and member of the House of Representatives on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificate of canvass, as the case may be, except as provided in Section 30. What is allowed is the correction of “manifest errors in the certificate of canvass or election returns”.

“ The Comelec may not hear and decide pre-proclamation controversies against members of the House of Representatives and the Senate. Objections relating to the preparation, transmission, and appreciation of the election returns or certificates of canvass or election returns may be corrected by the canvassing body motu propio or upon written complaint of interested person, or by the Comelec upon proper appeal from the ruling of the board of canvassers.” (Pangilian vs Comelec, 228 SCRA 36 [1993]).

“ Although, the Comelec has no original jurisdiction over election contests involving municipal officers, the Comelec has jurisdiction over a pre-proclamation controversy concerning elective municipal officers, even if some of the grounds of the pre-proclamation dispute are grounds for an election protest.” (Alfato vs Comelec, 103 SCRA 741 [1981]).

General Rule:

In a pre-procalamation controversy, it is axiomatic that the Commission is not to look beyond or behind election returns which are on their face regular and authentic returns and investigate alleged election irregularities. A part seeking to raise issues resolution of which would compel the Commission to pierce the veil, of the election returns prima facie regular, has his remedy in a regular election protest.

“ Pre-proclamation controversies are properly limited to challenges directed against the Board of Canvassers and proceedings before said Board relating to particular election returns to which private respondent should have made specific verbal objections subsequently reduced to writing. The proceedings are summary in nature; thus, the reception of evidence aliunde is proscribed. In fine, in pre-proclamation proceedings, the Comelec is not to look beyond or behind election returns which are on their face regular and authentic returns.” ( Macabago vs Comelec, G.R.No. 152163, November 18,2002)

Exception: The principle does not apply where there is prima facie showing that the return is not genuine. Where, however, election returns, though genuine or authentic in character are reflective of fraudulent acts done before or carried out by the Board of Election Inspectors, the returns should be deemed as “obviously manufactured,” which may be properly raised in a pre-proclamation controversy. (Lucman vs Comelec, 462 SCRA 299 [2005])

Issues that may be raised in pre-proclamation controversy.

Sec. 243. The following shall be proper issues that may be raised in a pre-proclamation controversy:

a) Illegal composition or proceedings of the board of canvassers Illegal Composition of Board

There is illegal composition of the BOC when, among other similar circumstances, any of the members do not possess legal qualifications and appointments. The information technology capable person required to assist the BOC by Republic Act No. 9369 shall be included as among those whose lack of qualifications may be questioned (COMELEC Resolution 8804, Rule 4,Section1)

Illegal proceedings of Board of CanvassersThere is illegal proceedings of the BOC when the canvassing is a

sham or mere ceremony, the results of which are pre-determined and manipulated as when any of the following circumstances are present: precipitate canvassing; terrorism; lack of sufficient notice to the members of the BOC’s; Improper venue( COMELEC Resolution 8804, Rule 4, Section 2).

If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results, a verified petition to annul the proclamation may be filed before COMELEC within ten (10) days after the day of proclamation. Upon receipt of the verified petition, the Clerk of the Commission shall have the same docketed and forthwith issue summons to the parties to be affected by the petition, with a directive for the latter to le their answer within five (5) days from receipt. Thereafter the case shall be deemed submitted for resolution, which shall not be later seven (7) days from receipt of the answer (COMELEC Resolution 8804, Rule 4, Section 6).

b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and236 of this code

Statistical Improbability (Section 243.12)The doctrine of statistical improbability is applied only where the

unique uniformity of tally of all the votes cast in favour of all the candidates belonging to one party and the systematic blanking of all the opposing parties appear in the election returns. The doctrine has no application where there is neither uniformity of tallies nor systematic blanking of the candidates of one party. (Suhuri vs Comelec, 602 SCRA 633 [2009]). This doctrine does not apply where the candidate simply obtains an overwhelming majority as against a lesser candidate in his bailiwicks.

Incomplete Returns

“A proclamation based on an incomplete canvass is illegal and cannot be the basis of a subsequent proclamation and is an issue that may be brought up in a pre-proclamation controversy. The copies of the election return in this case contain no entries as to the number of votes received by each candidate. So there really is no discrepancy, but only a failure to accomplish the form of the return properly.” (Mutuc v. Comelec, 22 SCRA 662 [1968]).

“ In the absence of any clear showing or proof that the election returns canvassed are incomplete or contain material defects (Omnibus Election Code, Section 234), appear to have been tampered with, falsified or prepared under duress (Omnibus Election Code, Section 235) and/or contain discrepancies in the votes credited to any candidate, the difference of which affects the result of the election (Omnibus Election Code, Section 236), which are the only instances where a pro-proclamation recount may be resorted to, granted the preservation of the integrity of the ballot box and its contents, the petition must fail. (Sanchez vs Comelec, 153 SCRA 67 [1987]).

Material Defects in Returns (Omnibus Election Code, Sections 234 and 243, par. [b]).

“Section 234. Material defects in the election returns. - If it should clearly appear that some requisites in form or data had been omitted in the election returns, the board of canvassers shall call for all the members of the board of election inspectors concerned by the most expeditious means, for the same board to effect the correction: Provided, That in case of the omission in the election returns of the name of any candidate and/or his corresponding votes, the board of canvassers shall require the board of election inspectors concerned to complete the necessary data in the election returns and affix therein their initials: Provided, further, That if the votes omitted in the returns cannot be ascertained by other means except by recounting the ballots, the Commission, after satisfying itself that the identity and integrity of the ballot box have not been violated, shall order the board of election inspectors to open the ballot box, and, also after satisfying itself that the integrity of the ballots therein has been duly preserved, order the board of election inspectors to count the votes for the candidate whose votes have been omitted with notice thereof to all candidates for the position involved and thereafter complete the returns.

The right of a candidate to avail of this provision shall not be lost or affected by the fact that an election protest is subsequently filed by any of the candidates.”

“Section 243. Issues that may be raised in pre-proclamation controversy. - The following shall be proper issues that may be raised in a pre-proclamation controversy:

xxx (b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this Code..xxx

Discrepancies in Returns (OEC, Section 36)

“Section 236. Discrepancies in election returns. - In case it appears to the board of canvassers that there exists discrepancies in the other authentic copies of the election returns from a polling place or discrepancies in the votes of any candidate in words and figures in the same return, in either case the difference affects the results of the election, the Commission, upon motion of the board of canvassers or any candidate affected and after due notice to all candidates concerned, shall proceed summarily to determine whether the integrity of the ballot box had been preserved, and once satisfied thereof shall order the opening of the ballot box to recount the votes cast in the polling place solely for the purpose of determining the true result of the count of votes of the candidates concerned”.

c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic

Where election returns are obviously manufactured.Correction of manifest of errors in the tabulation or tallying of

election returns or certificates of canvass is an issue that may be raised in a pre-proclamation controversy (Tamayo-Reyes vs. Comelec, 524 SCRA 577 [2007]).

Duress, threats, coercion or intimidation

“ A proclamation based on returns that were actually the product of coercion is illegal. Failure of the Board of Canvassers to investigate and to disregard patent irregularities such as where some of the returns considered by the canvassers were plainly irregular on their face, authorizes the Comelec to annul the canvass and resulting proclamation.” (Antonio vs Comelec, 32 SCRA 319 [1970]).

Fraud, Terrorism, and other Irregularities (Section 243.2 of Election Code) – Not an issue under a pre-proclamation controversy

The powers of the COMELEC are essentially executive and administrative in nature, and the question of whether or not there had been terrorism, vote buying and other irregularities in the election should be ventilated in a regular election protest, and the Commission on Elections is not the proper forum for deciding such matters. (Sanchez vs Comelec, 153 SCRA 67 [1987])

d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.

“ The scope of pre-proclamation controversy is limited to the issues enumerated under Omnibus Election Code, Section 243. The enumeration is restrictive and exclusive.” (Navarro v. Comelec, G.R.No. 150799, February 3, 2003)

Excessive Votes

“ Returns are obviously manufactured where they show a great excess of votes over what could have been legally cast.” ( Ututalum vs Comelec, 181 SCRA 335, [1990]).

Substitute or Fraudulent Returns

When substitute or fraudulent returns in controverted polling places were canvassed, this may be the subject of a pre-proclamation controversy, where the results materially affected the standing of the aggrieved candidate or candidates. (Omnibus Election Code, Section 243 par. [d]).

PROCEDURE AND EFFECTS IN FILING A PRE-PROCLAMATION CONTROVERSY  

COMELEC RULES OF PROCEDURERULE 27

Section 1. Jurisdiction of the Commission in Pre-Proclamation Controversies. - The Commission has exclusive jurisdiction in pre-proclamation controversies arising from national, regional or local

election.

A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization, or coalition of political parties before the board of canvassers or directly with the Commission.

Sec. 2. Pre-Proclamation Controversies: How Commenced. - Questions affecting the composition or proceedings of the Board of Canvassers or correction of manifest errors may be initiated in the Board or directly with the Commission. However, matters raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the election returns, and the Certificate of Canvass shall be brought in the first instance before the board of canvassers concerned only.

Questions affecting the composition or proceedings of the BOC may be initiated in the BOC or directly with the Commission, with a verified petition, clearly stating the specific ground/s for the illegality of the and/or proceedings of the board (COMELEC Resolution 8804, Rule 4, Section 3).

The petition questioning the illegality, or the composition and/or proceedings of the BOC shall be filed immediately when the BOC begins to act as such is objected to, if it comes after the canvassing of the Board, or immediately when the proceedings become illegal (COMELEC Resolution 8804, Rule 4, Section 4).

Sec. 3. Summary Hearing and Disposition of Pre-Proclamation Controversies. - All pre-proclamation controversies shall be heard

summarily after due notice provided that pre-proclamation controversies on election returns or certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be disposed of summarily by the Commission en banc within seven (7) days from receipt thereof, provided further, that said decision shall be executory after the lapse of seven (7) days from receipt thereof by the boards of canvassers concerned except petitions filed Under Sec. 5 hereof which shall be immediately executory upon receipt by the boards of canvassers concerned.

Sec. 4. Issues that May Be Raised in the Pre-Proclamation Controversies. - The following are the proper issues that may be raised in a pre-proclamation controversy:

(a) Illegal composition or proceedings of the board of canvassers;(b) The canvassed election returns, or the certificate of canvass in appropriate cases, are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof;(c) The election returns or certificate of canvass were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and(d) When substitute or fraudulent returns or certificates of canvass in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.(e) Correction of manifest errors.

For May 10, 2010 elections, COMELEC has restricted the grounds for pre-proclamation controversies, as follows: (a) Illegal composition of the BOC; and (b) Illegal proceedings of the BOC (COMELEC Resolution 8804, Rule 3, Section 1)

There is illegal composition of the BOC when, among other similar circumstances, any of the members do not possess legal qualifications and appointments. The information technology capable person required to assist the BOC by Republic Act No. 9369 shall be included as among those whose lack of qualifications may be questioned (COMELECResolution 8804, Rule 4, Section 1).

There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre-determined and manipulated as when any of the following circumstances are present: precipitate canvassing; terrorism; lack of sufficient notice to the

members of the BOC’s; Improper venue (COMELEC Resolution 8804, Rule 4, Section 2)

In the case of Lucman v. COMELEC (462 SCRA 299 [2005]), the Supreme Court explained that a pre-proclamation controversy is limited to an examination of the election returns on their face. “…..the objections initially raised by private respondent before the Municipal Board of Canvassers were proper in a pre-proclamation controversy, i.e., the election returns is obviously manufactured and/or falsified, it is not authentic, it contains alterations. However, in his appeal to the COMELEC, he further alleged that the elections held in the precincts clustered in the Pooni Lomabao Central Elementary were tainted with massive election irregularities. According to private respondent, there were “massive substitution of voters, snatching of ballots from the voters by people identified with the Lucman who filled them up against the will of the voters, force or coercion, threats, intimidation, casting of votes by double registrants in the same precincts (double entry), and flying voters …” Private respondent also alleged that the counting of votes on May 11, 2004, were not prepared simultaneously with the appreciation of the ballots/ counting of votes, in violation of Section 44 of COMELEC Resolution No. 6667 (March 16, 2004). Also, private respondent’s watchers were threatened by petitioner’s watchers, forcing them to leave the counting room, and that the Board of Election Inspectors merely copied the entries on the tally boards and records of votes made by petitioner’s watchers. Finally, private respondent alleged that the denial to his objections to the contested election returns were not made by the Municipal Board of Canvassers in the prescribed form, and that despite his manifestation that he will appeal the Board’s ruling on the returns, it proceeded with petitioner’s proclamation. Obviously, the foregoing allegations pertain not only to the preparation, transmission, receipt, custody and appreciation of the election returns, but to the conduct of the elections as well. Pre-proclamation controversies are limited to challenges directed against the Board of Canvassers and proceedings before said Board relating to particular election returns to which private respondent should have made specific verbal objections subsequently reduced to writing. A pre-proclamation controversy is limited to an examination of the election returns on their face. As a rule, the COMELEC is limited to an examination of the election returns on their face.It is beyond the COMELEC’s jurisdiction to go beyond the face of the returns or investigate election irregularities.”

Sec. 5. Pre-proclamation Controversies Which May Be Filed Directly With the Commission. –

(a) The following pre-proclamation controversies may be filed directly with the Commission:

1) When the issue involves the illegal composition or proceedings of the board of canvassers as when a majority or all of the members do not hold legal appointments or are in fact usurpers; or when the canvassing has been a mere ceremony that was pre-determined and manipulated to result in nothing but a sham canvassing as where there was convergence of circumstances of precipitate canvassing, terrorism, lack of sufficient notice to the members of the board of canvassers and disregard of manifest irregularities on the face of the questioned returns or certificates of canvass in appropriate cases;

2) When the issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing as where (1) a copy of the election returns or certificate of canvass was tabulated more than once, (2) two or more copies of the election returns of one precinct, or two or more copies of certificate of canvass were tabulated separately, (3) there has been a mistake in the copying of the figures into the statement of votes or into the certificate of canvass, or (4) so-called returns from non-existent precincts were included in the canvass, and such errors could not have been discovered during the canvassing despite the exercise of due diligence and proclamation of the winning candidates had already been made.

(b) If the petition involves the illegal composition or proceedings of the board under subparagraph (1) of paragraph (a) above, it must be filed immediately when the board begins to act as such, or at the time of the appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the board, or immediately at the point where the proceedings are or begin to be illegal.

If the petition is for correction, it must be filed not later than five (5) days following the date of proclamation and most implead all candidates who may be adversely affected thereby.

(c) Upon the docketing of such petition, the Clerk of Court concerned shall forthwith issue summons, with a copy of the petition, to the respondents.

(d) The Clerk of Court concerned shall immediately set the petition for hearing.

(e) The petition shall be heard and decided by the Commission en banc.

(f) When the petition involves the composition or proceedings of the board, the board of canvassers shall not commence, proceed or resume the canvass unless otherwise ordered by the Commission.

Sec. 6. Rights of Political Parties and Candidates Before the Board of Canvassers in Pre-Proclamation Cases. - (a) Any registered political party, organization, or coalition of political parties, through their representatives, and any candidate, has the right to be present and to counsel during the canvass of election returns, or certificates of canvass in appropriate cases.

Only one counsel may argue for each registered political party, organization, or coalition of political parties, or candidate. Counsel shall have the right to examine the election returns or certificates of canvass being canvassed without touching them, make their observations thereon, and file their challenges and objections thereto.

No dilatory action shall be allowed by the board of canvassers which may impose time limits for oral argument.

(b) Any registered political party, organization, or coalition of political parties, through their representatives and any candidate is entitled to obtain a copy of the Statement of Votes per precinct and a copy of the certificate of canvass duly signed by all the members of the board of canvassers.

Sec. 7. Correction of Errors in Tabulation or Tallying of Results by the Board of Canvassers. - (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns, or certificates of canvass, during the canvassing as where (1) a copy of the election returns of one precinct or two or more copies of a certificate of canvass were tabulated more than once, (2) two copies of the election returns or certificate of canvass were tabulated separately, (3) there was a mistake in the adding or copying of the figures into the certificate of canvass or into the statement of votes by precinct, or (4) so-called election returns from non-existent precincts were included in the canvass, the board may motu proprio, or upon verified petition by any candidate, political party, organization or coalition or political parties, after due notice and hearing, correct the errors committed.

(b) The order for correction must be made in writing and must be promulgated.

(c) Any candidate, political party, organization or coalition of political parties aggrieved by said order may appeal therefrom to the Commission within twenty-four (24) hours from the promulgation.

(d) Once an appeal is made, the board of canvassers shall not proclaim the winning candidates, unless their votes are not affected by the appeal.

(e) The appeal must implead as respondents the Board of Canvassers concerned and all parties who may be adversely affected thereby.

(f) Upon receipt of the appeal, the Clerk of Court concerned shall forthwith issue summons, together with a copy of the appeal, to the respondents.

(g) The Clerk of Court concerned shall immediately set the appeal for hearing.

(h) The appeal shall be heard and decided by the Commission en banc.

Sec. 8. Procedure Before the Board of Canvassers When Composition or Proceedings of Board are Contested. - (a) When the composition or proceeding of the board of canvassers, are contested the board of canvassers shall, within twenty-four (24) hours, make a ruling thereon with notice to the contestant who, if adversely affected, may appeal the matter to the Commission within three (3) days after the ruling with proper notice to the board of canvassers. The Commission en banc shall summarily decide the case within five (5) days from the filing thereof.

(b) Upon receipt of such appeal, the Clerk of Court concerned shall immediately set the case for hearing, with due notice to the parties, by the Commission en banc.

(c) During the pendency of the appeal, the board of canvassers shall immediately suspend the canvass until the Commission orders the continuation or resumption thereof.

Sec. 9. Procedure Before Board of Canvassers When Inclusion or Exclusion of Election Returns are Contested. - (a) Any candidate, registered political party, organization or coalition or political parties contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds provided in Section 3 of this Rule or by law, shall present or submit their oral objection to the Chairman of the Board of Canvassers, stating the grounds therefor, at the time the contested returns is opened or presented for inclusion or exclusion.

(b) The objections must be faithfully recorded, noted and entered in the minutes of the canvassing indicating therein the date and hour the objection was made.

(c) The board shall automatically defer the canvass of the contested returns, after recording separately the results therein, and shall proceed to canvass the other returns which are not contested.

(d) Simultaneously with the oral objection, the objecting party shall also enter his objection in the form for written objections to be prescribed by the Commission. Within twenty-four (24) hours from and after the presentation of such an objection, the objecting party shall submit the evidence in support of the objections, which shall be attached to the form for written objections. With the same period of twenty-four hours after presentation of the objection, any party may file a written and verified opposition to the objection in the form also to be prescribed by the Commission, attaching thereto supporting evidence, if any. The Board shall not entertain any objection or opposition unless reduced to writing in the prescribed forms.

The evidence attached to the objection or opposition, submitted by the parties, shall be immediately and formally admitted into the records of the Board by the Chairman of the board of canvassers affixing his signature at the back of each and every page thereof.

(e) Upon receipt of the evidence, the Board shall take up the contested returns, consider the written objections thereto and opposition, if any, and summarily and immediately rule thereon. The Board shall enter its ruling on the prescribed form and authenticate the same by the signature of its members.

(f) Any party adversely affected by the ruling of the Board shall immediately inform the Board if he intends to appeal said ruling. The Board shall enter said information in the Minutes of Canvass, set aside the returns and proceed to consider the other returns.

(g) After all the uncontested returns have been canvassed and the contested returns ruled upon by it, the Board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the ruling may file with the Board a written and verified Notice to Appeal; and within an inextendible period of five (5) days thereafter, an appeal may be taken to the Commission.

Immediately upon receipt of the Notice of Appeal, the Board shall make an appropriate report to the Commission, elevating therewith the

complete records and evidence submitted in the canvass, furnishing the parties with the copies of the report.

(h) On the basis of the records and evidence elevated to it by the Board, the Commission en banc shall decide summarily the appeal within seven (7) days from the receipt of said records and evidence. Any appeal brought before the Commission on the ruling of the Board, without the accomplished forms and the evidence appended thereto, shall be summarily dismissed.

The decision of the Commission en banc shall be executory after the lapse of seven (7) days from receipt thereof by the boards of canvassers concerned.

(i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission in writing after the later shall have ruled on the objections brought to it on appeal by the aggrieved party. Any proclamation in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the uncontested results of the elections.

(j) If in the course of the canvass the boards' copy of the election returns is missing, the board shall, by messenger or otherwise obtain such missing returns from the board of election inspectors concerned, or if said returns have been lost or destroyed, the board of canvassers, upon prior authority of the Commission, may use any of the authentic copies of said election returns or a certified true copy of said election returns issued by the Commission.

(k) If it clearly appears that some requisites in form or data had been omitted in the election returns, the Board of Canvassers shall call for all the members of the board of election inspectors concerned by the most expeditious means, for said board to effect the correction: provided that in case the omission in the election return is that of the name of any candidate and/or his corresponding votes, the board of canvassers shall require the board of election inspectors concerned to complete the necessary data in the election returns and affix therein their initials: Provided, further, that if the votes omitted in the returns cannot be ascertained by other means except by recounting the votes, the board of canvassers shall immediately make a report thereon to the Commission and the latter, after satisfying itself that the identity and integrity of the ballot box have not been violated, shall order the board of election inspectors to open the ballot box, and, also after satisfying itself that the integrity of the ballots therein has been duly preserved, order the broad of election inspectors to count the votes for the candidates whose votes have been omitted with notice thereof to

all candidates for the position involved and thereafter complete the returns.

(l) When the board of canvassers determines that the election returns submitted to it appear to be tampered with, altered or falsified after they have left the hands of the board of inspectors, or otherwise not authentic or were prepared by the board of election inspectors under duress, force, or intimidation, or prepared by persons other than the members of the board of election inspectors, the board of canvassers shall use the other copies of said election returns, and if necessary, the copy inside the ballot box which, upon prior authority of the Commission, may be retrieve. If the other copies of the returns are likewise tampered with, altered, falsified, not authentic, prepared under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors, the board of canvassers shall immediately bring the matter to the attention of the Commission. The Commission shall then, after giving notice to all candidates concerned and after satisfying itself that nothing in the ballot box indicates that its identity and integrity have been violated, order the opening of the ballot box and, likewise after satisfying itself that the integrity of the ballots therein has been duly preserved, shall order the board of inspectors concerned to recount the votes of the candidates affected and when proper, to prepare a new return which shall then be used by the board of canvassers as basis of the canvass.

(m) In case it appears to the board of canvassers that there exists discrepancies in the other authentic copies of the election returns from a precinct or discrepancies in the votes of any candidate in words and figures in the same returns, and in either case the difference affects the results of the election, the Commission, upon motion of the board of canvassers or any candidate affected and after due notice to all candidates concerned, shall proceed summarily to determine whether the integrity of the ballot box had been preserved, and once satisfied thereof shall order the opening of the ballot box to recount the votes cast in the precinct solely for the purpose of determining the true result of the count of votes of the candidates concerned.

(n) When the evidence submitted to the board of canvassers indicate a failure of elections in a precinct or precincts and the number of registered voters therein would affect the final result of the election, the board of canvassers shall bring the matter to the attention of the Commission. Until this issue is resolved the board of canvassers shall suspend the proclamation of any candidate.

Sec. 10. Appeals from Rulings of Board of Canvassers. - (a) A party aggrieved by a ruling of the Board of Canvassers shall, within forty-

eight hours from receipt of a copy of the ruling of the Board of Canvassers, file with the Board a written and verified Notice of Appeal; and within an inextendible period of five (5) days, he shall file his appeal to the Commission.

Upon receipt of the appeal, the Commission en banc shall immediately determine whether the issues related therein are grounds proper for pre-proclamation controversy. If the issues raised are not among the grounds enumerated under Sec. 3 of this Rule, the same shall be dismissed, otherwise it shall be raffled to any of the two (2) divisions of the Commission which shall dispose of it summarily within three (3) days from the period of referral by the Commission en banc.

(b) The appeal filed with the Commission shall be docketed by the Clerk of Court concerned.

(c) The answer/opposition shall be verified.

(d) The Division to which the case is assigned shall immediately set the case for hearing.

(e) At the hearing, no new evidence shall be received, unless for good reasons shown, it is clearly and convincingly established that the appellant was deprived of due process by the board of canvassers.

(f) If the appellant is allowed to present new evidence, oral testimonies may be dispensed with, and in lieu thereof, the parties may be required to submit their position papers, together with affidavits, counter-affidavits, and other documentary evidence, after which the case shall be deemed submitted for decision.

Republic Act No. 7166

AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES

Section 18. Summary Disposition of Pre-proclamation Controversies. - All pre-proclamation controversies on election returns or certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be disposed of summarily by the Commission within seven (7) days from receipt thereof. Its decisions

shall be executory after the lapse of seven (7) days for receipts by the losing party of the decision of the Commission.

In Bautista v. COMELEC (G. R. No. 78994, March 11, 1988): the Supreme Courtruled: “The scope of pre-proclamation controversy is limited to the issues enumerated under Sec. 243 of the Omnibus Election Code. The enumeration therein of the issues that may be raised in pre-proclamation controversy, is restrictive and exclusive. In the absence of any clear showing or proof that the election returns canvassed are incomplete or contain material defects (Sec. 234), appear to have been tampered with, falsified or prepared under duress (Sec. 235) and/or contain discrepancies in the votes credited to any candidate, the difference of which affects the result of the election (Sec. 236), which are the only instances where a pre-proclamation recount may be resorted to, granted the preservation of the integrity of the ballot box and its contents, Sanchez’ petition must fail. The complete election returns whose authenticity is not in question, must be prima facie considered, valid for the purpose of canvassing the same and proclamation of the winning candidates. To expand the issues beyond those enumerated under Sec. 243 and allow a recount/re-appreciation of votes in every instance where a claim of misdeclaration of stray votes is made would open the floodgates to such claimsand paralyze canvass and proclamation proceedings, given the propensity of the losers to demand a recount. The law and public policy mandate that all preproclamation controversies shall be heard summarily by the Commission after due notice and hearing and just as summarily decided. (Sec. 246, Omnibus Election Code).”

Section 19. Consented Composition or Proceedings of the Board: Period to Appeal: Decision by the Commission. - Parties adversely affected by a ruling of the board of canvassers on questions affecting the composition or proceedings of the board may appeal the matter to the Commission within three (3) days from a ruling thereon. The Commission shall summarily decided the case within five (5) days from the filing thereof.

Section 20. Procedure in Disposition of Contested Election Returns. -

(a) Any candidate, political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds authorized under Article XX or Sections 234, 235 and 236 of Article XIX of the Omnibus Election Code shall submit their oral objection to the chairman of

the board of canvassers at the time the questioned return is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass.

(b) Upon receipts of any such objection, the board of canvassers shall automatically defer the canvass of the contested returns and shall proceed to canvass the returns which are not contested by any party.

(c) Simultaneous with the oral objection, the objecting party shall also enter his objection in the form for written objections to be prescribed by the Commission. Within twenty-four (24) hours from and after the presentation of such an objection, the objecting party shall submit the evidence in support of the objection, which shall be attached to the form for written objections. Within the same period of twenty-four (24) hours after presentation of the objection, any party may file a written and verified opposition to the objection in the form also to be prescribed by the Commission, attaching thereto supporting evidence, if any. The board shall not entertain any objection or opposition unless reduced to writing in the prescribed forms.

The evidence attached to the objection or opposition, submitted by the parties, shall be immediately and formally admitted into the records of the board by the chairman affixing his signature at the back of each every page thereof.

(d) Upon receipt of the evidence, the board shall keep up the contested returns, consider the written objections thereto and opposition, if any, and summarily and immediately rules thereon. The board shall enter its ruling on the prescribed form and authenticate the same by the signatures of its members.

(e) Any part adversely affected by the ruling of the board shall immediately inform the board if he intends to appeal said ruling. The board shall enter said information in the minutes of the canvass, set aside the returns and proceed to consider the other returns.

(f) After all the uncontested returns have been canvassed and the contested return ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) hours, therefrom, any party adversely affected by the ruling may file with the board a written and verified notice of appeal; and within an unextendible period of five (5) days thereafter an appeal may be taken to the Commission.

(g) Immediately upon receipt of the notice of appeal, the board shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report.

(h) On the basis of the record and evidence elevate to it by the board, the Commission shall decide summarily the appeal within seven (7) days from receipt of said record and evidence. Any appeal brought before the Commission on the ruling of the board, without the accomplished forms and the evidence appended thereto, shall be summarily dismissed.

The decision of the Commission shall be executory after the lapse of seven (7) days from receipts thereof by the losing party.

(i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the object brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.

Section 21. Partial Proclamation. - Notwithstanding the pendency of any pre-proclamation controversy, the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.

Omnibus Election Code

Sec. 245. Contested election returns. - Any candidate, political party or coalition of political parties, contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds authorized under this article or in Sections 234, 235 and 236of Article XIX shall submit their verbal objections to the chairman of the board of canvassers at the time the questioned returns is presented for inclusion or exclusion, which objections shall be noted in the minutes of the canvassing.

The board of canvassers upon receipt of any such objections shall automatically defer the canvass of the contested returns and shall proceed to canvass the rest of the returns which are not contested by any party.

Within twenty-four hours from and after the presentation of a verbal objection, the same shall be submitted in written form to the board of canvassers. Thereafter, the board of canvassers shall take up each contested return, consider the written objections thereto and summarily rule thereon. Said ruling shall be made oral initially and

then reduced to writing by the board within twenty-four hours from the time the oral ruling is made.

Any party adversely affected by an oral ruling on its/his objection shall immediately state orally whether it/he intends to appeal said ruling. The said intent to appeal shall be stated in the minutes of the canvassing. If a party manifests its intent to appeal, the board of canvassers shall set aside the return and proceed to rule on the other contested returns. When all the contested returns have been ruled upon by it, the board of canvassers shall suspend the canvass and shall make an appropriate report to the Commission, copy furnished the parties.

The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party and any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.

Sec. 246. Summary proceedings before the Commission. - All pre-proclamation controversies shall be heard summarily by the Commission after due notice and hearing, and its decisions shall be executory after the lapse of five days from receipt by the losing party of the decision of the Commission, unless restrained by the Supreme Court.

Sec. 247. Partial proclamation. - Notwithstanding the pendency of any pre-proclamation controversy, the Commission may, motu proprio or upon the filing of a verified petition and after due notice and hearing, order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. 

Sec. 248. Effect of filing petition to annual or to suspend the proclamation. - The filing with the Commission of a petition to annual or to suspend the proclamation of any candidate shall suspend the running of the period within which to file an election protest or quo warranto proceedings. 

The election laws do not provide for a time limit within which a candidate may challenge the validity of a proclamation before the Comelec. But in action for an unreasonable period may block such remedy to challenge the validity of the proclamation. Considering the steps taken by respondent in the case at bar, first in the Court of First Instance and second in the Comelec, the gap between the alleged illegal proclamation of November 20, 1967 and the petition before the Comelec of January 6, 1968 does not authorize the Court to say that

respondent is guilty of laches. (Aguam v. Comelec, 23 SCRA 883 (1968).

ELECTION CONTESTS

Nature: Special summary proceeding the object of which is to expedite the settlement of controversies between candidates as to who received the majority of legal votes.

Purpose: to ascertain the true will of the people and duly elected officer, and this could be achieved by throwing wide open the appeal before the court.

Contest: any matter involving title or claim of title to an elective office, made before or after the proclamation of the winner, whether or not contestant is claiming office in dispute.

ORIGINAL EXCLUSIVE JURISDICTION OVER ELECTION CONTESTS:

1. President and Vice-President > Supreme Court en banc2. Senator > Senate Electoral Tribunal

(SET)3. Representative > House of Representative

Electoral Tribunal 4. Regional/Provincial/City > Commission on Elections

(COMELEC) 5. Municipal > Regional Trial Court

(RTC)6. Barangay/Sangguniang Kabataan (SK ) > Municipal Trial Court

(MTC)

* The jurisdiction of the House of Representative Electoral Tribunal (HRET) over election protests involving members of the House of Representatives also true for the Senate Electoral Tribunal (SET) as regards election protest involving Senators.

* The word “sole” in Article VI, Section 17 of the 1987 Constitution underscores the exclusivity of the electoral tribunals jurisdiction over election contests relating to their respective members. Therefore, the Supreme Court (SC) has no jurisdiction to entertain a petition for certiorari and mandamus on matters which may be threshed out in an election contest. It is the Senate Electoral Tribunal (SET) which has exclusive jurisdiction to act on the complaint of involving, as it does, a contest relating to the election of

a now member of the Senate (Pimentel III v. COMELEC, G.R.No.178413, March 13, 2008).

APPELLATE JURISDICTION:

1. For decisions of the Regional Trial Court (RTC) and Municipal Trial Court (MTC)

> appeal exclusively to the Commission on Election (COMELEC)

2. For decisions of Commission on Elections (COMELEC) > petition for review on Certiorari with the Supreme Court (SC)

within the 30 days from receipt of decision on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process.

3. For decisions of Electoral Tribunal > petition for review on Certiorari with the Supreme Court (SC) on

the ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process.

ACTIONS WHICH MAY BE FILED

1. Election Protest > May be filed by any candidate who has filed a certificate of

candidacy and has been voted upon for the same office

Grounds: a. fraud; b. terrorism; c. irregularities; or d. illegal acts committed before, during, or after the casting and

counting of votes.

Time to file: within 10 days from proclamation of results of election.

2. Quo warranto > Filed by any registered voter in the constituency.

Grounds: a. ineligibility; or b. disloyalty to RepublicTime to file: within 10 days from proclamation of results of election.

ELECTION PROTEST QUO WARRANTO1. Strictly a contest between the defeated and winning candidates, based on grounds of election frauds or irregularities,

Refers to questions of disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the ineligible person from

as to who actually obtained the majority of the legal votes and therefore and therefore is entitled to hold the office

office, but not to install the protestant in his place.

2. Can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for.

Can only be filed by any voter. It is for this reason that it is not considered a contest where the parties strive for supremacy.

3. A protestee may be ousted and the protestant seated in the office vacated.

While the respondent may be unseated, the petitioner will not be seated. Luison v. Garcia, G.R. No. L-10981, April 25, 1958.

General Rule: The filing of an election protest or quo warranto precludes the subsequent filing of a pre-proclamation controversy or amounts to an abandonment of one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass upon the title of the protestee or the validity of his proclamation.

Exceptions:

1. The Board of Canvassers (BOC) was improperly constituted; 2. Quo Warranto is not the proper remedy; 3. What was filed was not really a petition for quo warranto or an

election protest but a petition to annul a proclamation; 4. The filing of an election contest was expressly made without

prejudice to the pre-proclamation controversy, or was made ad cautelam; or

5. The proclamation was null and void (Dumayas, Jr. v. Comelec, G.R.No.141952-53, April 20, 2001).

Death of ProtestantThe death of the protestant does not necessarily extinguish an

election protest.

> An election protest is imbued with public interest which raises it onto a plane over and above ordinary civil actions, because it involves not only the adjudication of the private interest of the rival candidates but also the paramount need of dispelling once and for all the uncertainty that beclouds the real choice of the electorate with respect to who shall discharges the prerogatives of the office within their gift (De Castro v. COMELEC, G.R.No.125249, February 7, 1997).

> The widow of the protestant has no status of real party in interest to substitute/intervene for the latter who died during the pendency of the election protest (Poe v. Arroyo, P.E.T. Case No.002, March 29, 2005).

ELECTION PROTEST:

- An election protest is a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns.

- It raises the questions of who actually obtained the plurality of the legal votes and, therefore, entitled to hold the office.

- It can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for in the preceding elections.

- On the other hand, a petition for quo warranto, a special civil action under the Omnibus Election Code, raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to install the petitioner in his place. Any voter may initiate the action which is strictly speaking, not a contest where the parties strive for supremacy because the petitiisoner will not be seated even if the respondent may be unseated.

- The purpose of an election protest is to ascertain whether the candidate proclaimed elected by the board of canvassers is the true and lawful choice of the electorate.

General Rule:

As a general rule, the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre-proclamation controversy, or amounts to the abandonment of one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass upon the title of the protestee or the validity of his proclamation. The reason is that once the competent tribunal has acquired jurisdiction of an election protest or a petition for quo warranto, all questions relative thereto will have to be decided in the case itself and not in another proceeding. PROCEDURE

INVOLVING REGIONAL, PROVINCIAL OR CITY OFFICIALS:

Sec. 250. Election contests for Batasang Pambansa, regional, provincial and city offices. - A sworn petition contesting the election of any Member of the Batasang Pambansa or any regional, provincial or city official shall be filed with the Commission by any candidate who has duly filed a certificate of candidacy and has been voted for the same office, within ten days after the proclamation of the results of the election.

Constitutional provision

Under the Constitution, Article VI Sec. 17, the Senate and the House of Repsesentative shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members.This constitutional provision may be deemed to have repealed OEC 250 insofar as it affects members of Congress.Comelec Rules of Procedure, Part V, Rule 20, prescribes the rules for election protests involving regional, provincial or city officials. 

Section 1. Filing of Election Protest

A verified petition contesting the election of any regional, provincial or city official shall be filed by any candidate who duly filed a certificate of candidacy and has been voted for the same office, within ten (10) days after the proclamation of the results of the election. Each contest shall refer exclusively to one office, but contests for offices of the Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang Panglungsod may be consolidated in a single case.

Sec. 2. Contents of Answer

The answer must specify the nature of the defense and may set forth special and affirmative defenses.

Sec. 3. Counter-Protest or Counterclaim

The protestee may incorporate in his answer a counter-protest or a counterclaim.

Sec. 4. General Denial

If no answer is filed to the protest or counter-protest, a general denial shall be deemed to have been entered.

Sec. 5. Protestant's Reply

The protestant may file a reply.

Sec. 6. Revision of Ballots

When the allegations in a protest or counter-protest so warrant, or whenever in the opinion of the Commission or Division the interest of justice so demands, it shall immediately order the ballot boxes containing ballots and their keys, list of voters with voting records, book of voters, and other documents used in the election to be brought before the Commission, and shall order the revision of the ballots.

Sec. 7. Composition and Compensation of Revision Committee

For the above purpose, the Commission may constitute a committee on the revision of ballots which shall be composed of the following with the corresponding compensation per ballot box contested: 1. A Chairman, who shall be a lawyer of the Commission - P150.00 2. One Revisor/Alternate for the Protestant - P100.00 3. One Revisor/Alternate for the Protestee - P100.00

Other Support Staff: 4. Clerk - P50.00 5. Typist - P50.00 6. Ballot Box Custodian - P50.00

Sec. 8. Revision Expenses

The compensation of the members and staff shall be deducted from the cash deposit of the protestant or the protestee as the case may be, and other incidental expenses such as supplies and transportation in the supplies and transportation in the gathering of the protested ballot boxes.

Sec. 9. Venue of the Revision

The revision of ballots shall be made in the Office of the Clerk of Court concerned or at such places as the Commission or Division shall designate and shall be completed within three (3) months from the date of the order; unless otherwise directed by the Commission.

Sec. 10. Custody of Election Records and Paraphernalia

The ballot boxes containing ballots and their keys, the list of voters with the voting records, book of voters, and other documents used in the election, shall be kept and held secure in a place to be designated by the Commission, in the care and custody of the ballot box custodian of the Electoral Contests Adjudication Department and under the authority of the Chairman.

Sec. 11. Report of Committee on Revision

The committee on revision of ballots shall make a statement of the condition in which the ballot boxes and their contents were found upon the opening of the same, and shall classify the ballots so examined and set forth clearly any objection that may have been offered to each ballot in the report to be submitted by them. Disputed ballots shall be numbered consecutively for purposes of identification in the presence and under the direction of the committee chairman. After examination, the ballots and other election documents shall be returned to their respective boxes under lock but disputed ballots shall be placed in a separate envelope duly sealed and signed by the members of the committee and then returned to the box. For purposes of making said report, which shall be submitted in twelve (12)

legible copies, only the prescribed form prepared by the Commission shall be used.

Sec. 12. Prohibited Access

During the revision of ballots, no person other than the Members of the Commission, members of the committee on revision of ballots, the Clerk of Court concerned or the latter's authorized representatives and the parties, their attorney or their duly authorized representatives shall have access to the place where said revision is taking place.

Sec. 13. Book of Voters as Evidence

In election contests, the book of voters shall be conclusive in regard to the question as to who has the right to vote in said election. The Commission shall prescribe the rules to govern the procedure and other matters relating to election contests pertaining to all national, regional, provincial, and city offices not later than thirty days before such elections. Such rules shall provide a simple and inexpensive procedure for the expeditious disposition of election contests and shall be published in at least two newspapers of general circulation.

However, with respect to election contests involving municipal and barangay offices the following rules of procedure shall govern: (a) Notice of the protest contesting the election of a candidate for a municipal or barangay office shall be served upon the candidate by means of a summons at the postal address stated in his certificate of candidacy except when the protestee, without waiting for the summons, has made the court understand that he has been notified of the protest or has filed his answer hereto; (b) The protestee shall answer the protest within five days after receipt of the summons, or, in case there has been no summons from the date of his appearance and in all cases before the commencement of the hearing of the protest or contest. The answer shall deal only with the election in the polling places which are covered by the allegations of the contest; (c) Should the protestee desire to impugn the votes received by the protestant in other polling places, he shall file a counter-protest within the same period fixed for the answer serving a copy thereof upon the protestant by registered mail or by personal delivery or through the sheriff; (d) The protestant shall answer the counter-protest within five days after notice; (e) Within the period of five days counted from the filing of the protest any other candidate for the same office may intervene in the case as other contestants and ask for affirmative relief in his favor by a petition in intervention, which shall be considered as another contest, except that it shall be substantiated within the same proceedings. The protestant or protestee shall answer the protest in intervention within five days after notice;

(f) If no answer shall be filed to the contest, counter-protest, or to the protest in intervention, within the time limits respectively fixed, a general denial shall be deemed to have been entered; (g) In election contest proceedings, the permanent registry list of voters shall be conclusive in regard to the question as to who had the right to vote in said election.

APPEALS

Sec. 256. Appeals

Appeals from any decision rendered by the regional trial court under Section 251 and paragraph two, Section 253 hereof with respect to quo warranto petitions filed in election contests affecting municipal officers, the aggrieved party may appeal to the Intermediate Appellate Court within five days after receipt of a copy of the decision. No motion for reconsideration shall be entertained by the court. The appeal shall be decided within sixty days after the case has been submitted for decision.

Rule 22 - Appeals from Decisions of Courts in Election Protest Cases

Section 1. Caption and Title of Appealed Cases

In all election contests involving the elections, returns, and qualifications of municipal or barangay officials, the party interposing the appeal shall be called the "Appellant" and the adverse party the "Appellee", but the title of the case shall remain as it was in the court of origin.

Sec. 2. Attorneys

The attorneys of the parties in the courts shall be considered as their respective attorneys in the Commission, unless otherwise manifested.

Sec. 3. Notice of Appeal

Within five (5) days after promulgation of the decision of the court, the aggrieved party may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party.

Sec. 4. Immediate Transmittal of Records of the Case

The Clerk of the court concerned shall, within fifteen (15) days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department the complete records of the case, together with all the evidence, including the original and three (3) copies of the transcript of stenographic notes of the proceedings.

Sec. 5. Filing of Briefs

The Clerk of Court concerned, upon receipt of the complete records of the case, shall notify the appellant or his counsel to file with the Electoral Contests Adjudication Department within thirty (30) days from receipt of such notice, ten (10) legible copies of his brief with proof of service thereof upon the appellee. Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file ten (10) legible copies of his brief with proof of service thereof upon the appellant.

Sec. 6. Contents of Brief

The brief shall have the same contents as those provided under Sections 16 and 17, Rule 46 of the Rules of Court. A copy of the decision appealed from shall be attached as an appendix to the appellant's brief.

Sec. 7. Reply Brief

The appellant may file a reply brief within twenty (20) days from receipt of appellee's brief.

Sec. 8. When Case May Be Set for Oral Argument

Upon the filing of appellant's reply brief, or after the expiration of the time for its filing, the case shall be deemed submitted for decision, unless within fifteen (15) days therefrom, any party asks, and for special reason, is thereafter granted permission for oral argument, or unless the Commission motu proprio requires it. Oral arguments shall be confined to such points as the Commission may specify in an order setting the date therefor. The Commission may admit memoranda in lieu of oral argument.

Sec. 9. Grounds for Dismissal of Appeal.

The appeal may be dismissed upon motion of either party or at the instance of the Commission on any of the following grounds: (a) Failure of the appellant to pay the correct appeal fee; (b) Failure of the appellant to file copies of his brief within the time provided by these rules; (c) Want of specific assignment of errors in the appellant's brief; and (d) Failure to file notice of appeal within the prescribed period.

Sec. 10. Withdrawal of Appeal

An appeal may be withdrawn as a matter of right at any time before the filing of appellee's brief. After the filing of the appellee's brief, the withdrawal may be allowed at the discretion of the Commission.

BIBLIOGRAPHY

Election Law – By de LeonKnow Your Election Law – By Tipon

http://www.comelec.gov.ph/?r=laws/OmnibusElectionCodhttp://www.comelec.gov.ph/?r=laws/ElectionContests/TOC

.