Session 3-Election Contests

8/13/2019 Session 3-Election Contests

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Session 3

HANDLING ELECTION

CONTESTS UNDER THE PCOSAUTOMATED ELECTION

SYSTEM


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At the end of the session, theparticipants are expected to:

Understand the applicable substantive andprocedural laws in handling election contestsunder a PCOS Automated Election System;

Understand techniques in discovering electoralfraud in light of the automation of the elections;available modes of disposition of cases; sourcingexperts in technical issues on genuineness ofballots, and how to detect paper securities andprinting securities on the ballot;


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Develop skills in handling delay

maneuvers during trial for the efficient and

effective disposition of election contests.


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Election Protest Under

2010 Automated Election

TERESITA DY-L IACCO FLORES

Retired Justice, COURT OF APPEALS

Retired Commissioner, COMELEC

Consultant, PHILJA


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You shall not act dishonestly in rendering judgment. Show

neither partiality to the weak nor deference to the mighty,

but judge your fellowmen justly.Verse 15

Leviticus 1

A Judge's Prayer

...of thy infinite mercy so direct anddispose of my heart as a Judge that I maythis day fulfil all my duty in thy fear and

fall into no error of judgment...

Edward Ryan

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RULES OF PROCEDURE

FOR REGIONAL TRIAL COURTS

IN ELECTION CONTESTS

IN AN AUTOMATED ELECTION SYSTEM

USING PRECINCT COUNT OPTICAL SCAN

Municipal Positions Covered:

Mayor

Vice mayor

SagguniangBayan Members

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Automated Election System in the 2010Election

The election system whereby an optical ballot scanner,called Precinct Count Optical Scan or PCOS, isprovided in Precinctsor Clustered Precincts into whichoptical scan paper ballots marked by hand by the voterare inserted to be counted.

The PCOS, after the voting closes in the precinct,consolidates the votes, prints the election returns andtransmits the election results electronically to 3 servers:server in the Municipal/City/District Board ofCanvassers, the server of the dominant majority anddominant minority parties, KapisananngmgaBroadcasters ngPilipinas (KBP) and accredited citizensarms authorised to do a parallel count and to the serverin the COMELEC.

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Official Ballots

the paper ballot with the pre-printed names of all

candidates

with ovals corresponding to each of the namesprinted

the ovals are the spaces where voters expresstheir choice through marking or shading using a

marking pen

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Picture Image of the Ballot

the Image of the Ballot

captured by the PCOS machine at thetime the voter feeds his/her ballots

which image is later stored in a memoryor removable data storage.

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Election Returns

the document in electronic or printed

form, printed by the PCOS on a

paper showing the date of the

election, the province, municipalityand precinct in which it is held, the

votes in figures for each candidate in

a precinct or clustered precincts.

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Election Returns .

The electronic election returns iselectronically transmitted from theclustered precinct to the server of the

MBOC/CBOC, the server ofmajority/minority politicalparties/Kapisananngmga BroadcastersngPilipinas and accredited citizens

arms authorised to do parallel countand to the server of the COMELEC.

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refers to the mach ine used at the

canvass proceedings to consolidate

precinct results, municipal and cityresults, provincial results, as the

case may be, for purposes of getting

the total votes of all candidates at aparticular canvass level.

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Consolidation Machine


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Statement of Votes by Precinct,

Municipality, City, District, Province,

or Overseas Absentee Voting (OAV)Station

refers to a document in electronic and printed formgenerated by the canvassing or consolidating machines

or computers during the canvass proceedings. This

document records the votes obtained by candidates in

each precinct, municipality, city, district, province, or OAVStation, as the case may be.


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Municipal/City/Distrlct/Provincial certificate of canvass

refers to a document in electronic and

printed form containing the total votes infigures obtained by each candidate in a city-/municipality/district/ province, as the casemay be, the electronic form of which is theofficial canvass result in the aforementioned

jurisdictions and is the one electronicallytransmitted to a higher canvass level.

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Certificate of Canvass andProclamation

refersto the off ic ial document in printed

form that contains the name of all

candidates who obtained the highest,

number of votes in a particular

constituency and certifies to said

candidates' proclamation as winners.


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Data Storage Device

refers to the device where electronic documents are

stored and from which said data may be obtainedwhen necessary to verify the accuracy andcorrectness of election data. It includes the back-upstorage device in which authentic electronic copies ofsaid data are also stored.

Audit Log

refersto the document that contains the list of allactivities performed by the PCOS machines from thetime that it was powered on, until the time it is

powered off.

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Electronic document

refers to either the picture image of the

ballots and electronic copies of the

election returns, of certificates of canvass

and of the other electronic data relative tothe processing done by the PCOS

machines and the various consolidation

machines.

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Election Contests

refer to:

election protests,or

petitions for quo warrantounder theOmnibus Election Code.

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Election Protest

A petition contesting the election and returns of electiveofficials, grounded on frauds or irregularities in the conductof the elections, the casting and counting of the ballotsand the preparation and canvassing of returns.

Period to file: within ten(10) days from proclamation.

N.B. The pendency of pre-proclamation controversyinvolving the validity of the proclamation asdefined by lawshall suspend the running of the period to file electionprotest.

ISSUE- Who obtained the plurality of valid votes cast.

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Quo Warranto Under the Omnibus

Election Code

An election contest relating to the qualifications of an elected

municipal official on the ground of ineligibility or disloyalty to

the Republic of the Philippines.

ISSUE - Whether respondent possesses all the qualifications

for the position and none of the disqualifications prescribed by

law.

A decision in a disqualification case against a candidatefiled

with the COMELEC before election does not constitute resjudicatain a case filed after election against the

elected/proclaimed official in a quo warranto proceedings on

the same ground or cause of action. Except when the SC, has

affirmed the COMELEC decisions.

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Cases Excluded from Court

Jurisdiction

1) Cases anchored on the claim that anymember of the Municipal Board of

Canvassers (MBOC) or any other Boardof Canvassers (BOC) or the Informationtechnology capable person assisting theMBOC or BOC do not possess legalqualification or appointment.

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Cases Excluded from Court Jurisdiction(cont)

2)Cases anchored on the claim that there is/wasillegal proceedings of the MBOC or BOC orthat the canvassing is a sham or a moreceremony, of which the results are pre-

determined and manipulated as when any ofthe following circumstances are present:

a) Precipitate canvassing;

b) Terrorism;

c) Lack of sufficient notice to themembers of the MBOC;

d) Improper venue.

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Election Protests and Quo

Warranto

How Initiated

It shall be filed directly with the proper court in three

legible copies plus such number of copiescorresponding to the number of protestees orrespondents.

Each contest shall refer exclusively to one (1) office

except in multi-positions, such as SangguniangBayanwhich may be consolidated in one case.

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Who May File Election Protest

Any candidatewho was vo ted for the sameoff iceand who received the second o r th irdh ighest number of votes or, in a multi-slotposition, was among the next four candidatesfollowing the last-ranked winner duly proclaimed,as reflected in the official results of the electioncontained in the Statement of Votes by Precinct.

An election protest shall not include a petition forquo warranto.

Parties:

Protestant and Protestee

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Who May File Petition for Quo

Warranto Any registered voter who has voted in the election

concerned.

A petition for quo warrantoshall not include an

election protest.

Parties :

Petitioner and Respondent

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Mandatory Raffle of Election

Protest or Quo Warranto

Cases with Notice to

Parties Stating Date and

Time Except in Single SalaStations

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Required Allegations of Initiatory

Pleading in Election Protests

Rule 2, Sec. 11

Position Involved;

That protestant was a candidate who has duly filed

a Certificate of Candidacy and has been voted forthe same office;

Date of Proclamation;

Number of Votes Credited to the Parties Per

Proclamation;

Total Number of Precincts of the MunicipalityConcerned

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Required Allegations in Initiatory

Pleading in Election Protests (cont)

The protested precincts and the votes ofthe parties therein per the Statement ofVotes per Precinct; or

If the votes of the parties are not specified,It shall contain an explanation why notspecified;

Detailed specifications of the acts oromissions complained of showing theelectoral frauds, anomalies or irregularitiesin the protested precincts.

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Other Requirements

Rule 2, Sec. 7

Proper Verification;

Certificate of Non-Forum Shopping.

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Summary Dismissal of Election ContestMotuPropr io ,

on any of the following Grounds: The court has no jurisdiction over the subject

matter;

The election protest is insufficient in form and

content as required in Section 11, Rule 2; The election protest is filed beyond the period

prescribed in these Rules;

The filing fee is not paid within the period forfiling the election protest, and

In case of protest where a cash deposit isrequired, the cash deposit is not paid withinfive days from the filing of the protest.

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Things To Do After

Filing of the Election Protest or

Petition

Upon Filing of the Election Protest or Petition

Within 24 hours *

Issue summons requiring protestee to fileanswer within five (5) days from receipt ofnotice

Sec. 1, Rule 3

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Things To Do After

Filing of the Election Protest or Petition

(cont)

Service of SummonsBy serving a copy of the summons

protestee/respondent in person or in case of refusal

to receive or sign for it, by tendering the same.

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Things To Do After

Filing of the Petition (cont)

Service of SummonsIf for justifiable causes, protestee/respondent cannot be

served in person, service may be effected by leavingcopies of summons at:

a) Residence of protestee/respondent as stated in theCertificate of candidacy with some person of suitableage and discretion residing therein; or,

b) Office or regular place of business ofprotestee/respondent with some competent person incharge thereof.

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Things To Do After


Issuance of PrecautionaryProtection Order

Where the allegations in a protest so warrant, andsimultaneously with the issuance of summons, the court shallorder the municipal treasurer, election officer and other

personnel and custodian concerned to take immediate stepsor measures to safeguard the integrity of all the memorycards, data storage devices containing electronic dataevidencing the conduct and results of election in thecontested precincts the ballot boxes with their keys, lists ofvoters with voting records, books of voters and otherdocuments or paraphernalia used in the election.

(Sec. 1, Rule 8)

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Things To Do After


Should there be a necessity for retrieval of all theforegoing paraphernalia, the order shall containa notice to parties of the date and time of

retrieval with instruction that parties may sendrepresentatives to witness the activity but theirabsence shall not be a reason to postpone ordelay the activity.

The Court when necessary may seek theassistance of PNP or AFP to ensure the safedelivery of the concerned paraphernalia.

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ANSWER (Rule 4)

Verified ;

May set forth admissions and specific denials,special and affirmative defenses, counterprotest and compulsory counterclaim;

Allegations not specifically denied, deemedadmitted except un-liquidated damages andissues as to appreciation of ballots;

Defenses and objections not pleaded aredeemed waived;


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Compulsory counterclaim or cross claim not

set up barred;

With proof of service of a copy upon theprotestee/respondent..

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EFFECT OF FAILURE TO FILE ANSWER WITHIN THE

TIME ALLOWED Rule 4, Sec. 4(C)

When the election protest does not involve ballotrevision, and upon protestantsmotion and with notice toadverse counsel or party, the court shall proceed torender judgment on the basis of the allegations of theverified election protest granting the relief prayed for,

unless the court in its discretion requires the protestantto submit evidence ex parte.

If the election protest involves ballot revision,examination, verification or re-tabulation, the court shall

order such revision of ballots or examination, verificationor re-tabulation of election returns and render judgmentbased thereon.

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EFFECT OF FAILURE TO FILE ANSWER WITHIN THE

TIME ALLOWED Rule 4, Sec. 4(C) (cont)

For a failure of protestee to file Answer,

only the protestant may participate inthe revision. The protestee or hisrepresentative may be present butwithout the right to register hiscomment.


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MOTION TO AMEND PLEADINGS

Amendment in matters of form, such as a

defect in the designation of the parties orother typographical or clerical errors may besummarily corrected at any stage of theproceedings on motion or motoproprio,provided no prejudice is caused thereby tothe adverse party

Substantial amendments thata.Broaden the scope of the action orb.Introduce an additional cause or

causes of actionmay be allowed ONLY upon leave of court.

Leave maybe refused if motion is made withintent to delay.


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PROHIBITED PLEADINGS ( t )44


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PROHIBITED PLEADINGS (cont)

The court shall order within forty-eight (48) hours from receipt of theAnswer with counter-protest, if any, and whenever the allegations in aprotest or counter-protest so warrant, that the memory card of PCOS orother data storage devices containing electronic data evidencing theconduct and results of the election, hard copies of printed electionreturns,

a. ballot boxes with their keys,b. lists of voters with voting records,

c. books of voters andd. other documents or paraphernalia involved in theprotest or counter-protest, such as printed Certificateof canvass (COC), Certificate of Canvass andProclamation (COCP) and Statement of Votes byprecinct.

be brought before it with notice to parties containing date andtime of retrieval from their respective custodians (Municipal

Treasurer and Municipal Election Officer)

Rule 8 Sec.2


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LITIGATIONEVENTS46


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LITIGATIONEVENTS

A.Mandatory Preliminary Conference (Rule 9)

Within three (3) days after filing of the last responsivepleading allowed by these Rules, or the expiration

of the same period without any responsive

pleading having been filed, the court shall conduct

a mandatory preliminary conference among the

parties to consider:

1. The simplification of issues;

2. The necessity or desirability of amendments to the

pleadings;

3. The possibility of obtaining stipulations or admission of

facts and of documents to avoid unnecessary proof;

4. The limitation of the number of witnesses.

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LITIGATIONEVENTS(cont)

5. The nature of the testimonies of the witnessesand whether they relate to evidence aliunde theballots, or otherwise

6. The withdrawal of certain protested or counter-protested precincts (especially those where theballot boxes or ballots are unavailable or aremissing and cannot be located or destroyed dueto natural disasters or calamities)

7. The number of revision committees to beconstituted8. The procedure to be followed in case the

election protest or counter-protest seeks, whollyor partially, the examination, verification or re-tabulation of election returns; and

9. Such other matters as may aid in the promptdisposition of the case.

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Notice to counsel, or to party without

counsel required;

Presence of parties and counsel inpreliminary conference mandatory;

Preliminary Conference Brief

submission mandatory with service ofcopy to adverse counsel or party.

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Contents of Preliminary

Conference Brief

1. summary of admitted facts and proposed stipulation offacts;

2. issues to be tried or resolved;

3. pre-marked documents or exhibits to be presented,stating their purpose;

4. manifestation of their having availed or their intentionto avail themselves of discovery procedures or referralto commissioners;

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Contents of Preliminary

Conference Brief (cont)

5. Number and names of the witnesses, their addresses, andthe substance of their respective testimonies. Thetestimonies of the witnesses shall be by affidavits inquestion and answer form as their direct testimonies,subject to oral cross examination;

6. Manifestation of withdrawal of certain protested or counter-protested precincts, if such is the case;

7. Proposed number of revision committees and names oftheir revisors and alternate revisors; and

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

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Failure to Appear At Preliminary Conference

or

Failure to File Preliminary

Conference Brief with its required contentsare

Causes for DISMISSAL,

motuprop r io , of p rotest or coun ter -protest

Sec. 6, Rule 9

For fai lure of the protestee or co uns el to appear at theprel iminary conference, the cou rt may al low th e

protestant to present evidence ex parte and renderjudgment based on the ev idence presen ted.

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Preliminary Conference Order Within three (3) days following the date of the

preliminary conference, the court shall issue anorder summarizing the matters taken up andstipulations or agreements reached during the

conference.

The court shall specify in the preliminaryconference order when the revision of ballots willcommence, which shall be within five (5) days

from the termination of the preliminaryconference.

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B.

Revision of Ballots and

Submission of Revisors Reports(Rule 10)

Revision Committee Composition

1. Chairperson (designated by the court from among its personnel);

2. Protestantsrevisor (designated by protestant);3. Protesteesrevisor(designated by protestee).

** Parties shall designate their respective substitute revisors.**

There shall be as many revision committees asmaybe necessary.

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Place of Revision

In the court premises or at such other place as may bedesignated by the court, but always under the courts strictsupervision.

Duties of Revisors

Revisors shall discharge their duties with the highest degree ofintegrity, conducting the proceedings with the same dignityand discipline as if undertaken by the court itself.

Exercise extraordinary diligence and take precautionarymeasures to prevent the loss, disappearance or impairmentof the integrity of the ballots and election documents.

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Compensation of Revisors

Per Ballot Box - Php 700.00

Itemized as follows:

Chairman Php 400.00

Protestants Revisor 150.00ProtesteesRevisor 150.00

* Plus: Php 500.00 per day for each party revisor

Above expenses are chargeable against the protestantscash deposit (Sec. 3, Rule 10)

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Anyt ime before schedu l ing Revis ion of Bal lots,the court shal l inquire about the secur i ty

markings on the bal lots and elect iondocuments from the COMELEC Chairman,who shal l be obl iged to indicate suchmarkings and o ther vi tal information that mayaid the cou rt and the reviso rs in determ iningthe authentici ty of bal lots and elect iondocuments. The part ies shall be no ti f ied ofthe resul ts of such inquiry.

Order of Revision

Revision of ballots shall start

with those from the protested precincts.

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Revision Committees Working HoursMonday to Friday, except on non-working holidays.

8:30 AM to 12:00 noon, and 1:30 PM to 4:30PM

With fifteen-minute (15) break allowed in

each session.

QUORUM : Chai rperson and a Party rev isor is enough quorum

Revis ion to co nt inu e, even i f a party revisor is absentor late

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If protesteesrevisoris absent or late for 30 minutes and noalternate appears as a substitute -- the revision shallproceed but protestee shall be deemed to have waived the

right to appear and to object to the ballots in the precinct orprecincts scheduled for revision on that particular day.

If the protestantsrevisor or the revisors of both parties andalternates fail to appear for no justifiable reason within onehour after fixed hours from the start of the revision -- the

ballot boxes scheduled for revision on that day, and thecorresponding keys in the possession of the chairperson,shall be returned to the ballot box custodian of the courtand shall no longer be revised;

It is understood that the parties waive their right to revise

the same, and the chairperson concerned shall state suchfacts in the corresponding revision report.

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Prohibited Access During theRevision

Only the

- judge,

- clerk of court,- Three (3) members of the revisioncommittee,- parties and their duly authorized

representatives

shall have access to the revision area.

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Conduct of Revision

On the day and venue indicated, TheRevision Committee shall convene.

The following shall be the venue:

a) Ballot boxes containing the ballots fromthe protested precincts;

b) Data storage device used in the protested

precincts be used to authenticate orassure genuineness of the ballots;

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Conduct of Revision (cont)

The Revision Committee, upon the request in writing of parties, will randomly pick the

precinct from which they will do the recount.

The revision of ballots shall be done manually and visually.

Before the ballot box, the Revision Committee shall note:

Before opening the ballot box, the recount committee shall note its condition as well asthat of the locks or locking mechanism and record the condition in the recount report.

From its observation, the recount committee must also make a determination as to

whether the integrity of the ballot box has been preserved.

The ballot box shall then be opened and the ballots shall be taken out. Prior to the

actual conduct: of the recount of the votes the recount committee must authenticate

each and every ballot to make sure that they were the same ballots that were cast and

fed to the PCOS machine during the elections. The authentication shall be through theuse of the PCOS machine actually used during the elections in the subject precinct, or

by another device certified by the Commission as one that can perform the desired

authentication requirement through the use of bar code and ultra-violet ray code

detection mechanism.


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In looking at the shades or marks used to registervotes, the recount committee shall bear in mind thatthe will of the voters reflected as votes in the ballotsshall as much as possible be given effect, setting

aside any technicalities. Furthermore, the votesthereon are presumed to have been made by' thevoter and shall be considered as such unlessreasons exist that will justify their rejection. However,marks or shades which are less than 50% of the ovalshall not be considered as valid votes. Any issue as

to whether a certain mark or shade is within thethreshold shall he determined by feeding the balloton the PCOS machine, and not by humandetermination.



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The rules on appreciation of ballots under Section211 of the Omnibus Election Code shall applysuppletorily when appropriate.

There shall be a tally sheet, of at least 5 copies, plusadditional copies depending on the number of

additional parties, that will be used for the tallying ofthe votes as they are counted, through the use of thetara or sticks.

After all the ballots from one ballot box have beencounted, the recount committee shall secure thecontested ballots and complete the recount report forsaid precinct. Thereafter, it shall proceed to recountthe votes on the ballots from the next precinct.



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In case of multiple recount committees, the revisions

shall be done simultaneously.

In the event that the revision committeedetermines that the integrity of the ballots and theballot box were not preserved, as when there is proof

of tampering or substitution, it shall proceed toinstruct the printing of the picture image of the ballotsof the subject precinct stored in the data storagedevice for the same precinct. The commission shallprovide a non-partisan technical person who shallconduct the necessary authentication process to

ensure that the data or image stored is genuine andnot a substitute. It is only upon such determinationthat the printed picture image can be used for therecount.

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Immediately after the revision of ballots or theexamination, verification or re-tabulation ofelection returns in all protested precincts the

protestant shall be required to pinpoint a number ofprecincts, corresponding to twenty percent of thetotal revised protested precincts, that will best attestto the votes recovered or will best exemplify thefrauds or irregularities pleaded in the protest.

In the meanwhile, the revision of ballots or theexamination, verification or re-tabulation of electionreturns in the counter-protested precinctsshall besuspended for a period not exceeding fifteen (15)days, during which the court shall determine through

appreciation of ballots or election documents themerit or legitimacy of the protest relative to the twentypercent pinpointed precincts.

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Two Kinds of Revisors Report for

Submission1. Per Precinct Revision Report

- to be signed and certified by the chairperson and partyrevisors and shall form part of the records of the case.

2. Committee Report

- summarizes the votes, ballot objections and claims, andsignificant observations made in the revision of ballots fromthe protested precincts and later from the counter-protestedprecincts.

Each party furnished with a copy of the committee report

may submit their comments thereon within a non-extendibleperiod of three (3) days from notice.

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Based on the results of such post-revisiondetermination, the court with reasons cited, may

1. dismiss the protest without further proceedings, if andwhen no reasonable recovery was established fromthe twenty percent (20%) pinpointed precincts.

or

2. In the event that there is reasonable recovery,

proceed with revision of the ballots or the examination,verification or re-tabulation of election returns in thecounter-protested precincts. In the latter case, theprotestee shall be required to pay the cash depositwithin a non-extendible period of three days from

notice.

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3. While revision of ballots in counter-protested precincts is taking place, the

court shall examine and appreciate theoriginal ballots of the protested precinctsaided by the revisorsper precinct report.

4. After the ballots in counter-protestedprecincts have been revised, the courtshall also examine and appreciate theoriginal ballots of the counter-protested

precincts aided by the revisors perprecinct report.

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In the appreciation of the ballots, and in

rendering rulings on objections and

claims to ballots of the parties, the courtshall observe the following rules: (Rule 14,Sec. 2)

On Marked Ballots The court must specify theentries in the ballots that clearly indicate that the

intention of the voter is to identify the ballot. Thespecific markings in the ballots must be illustrated orindicated.

On Fake or Spurious Ballots The court mustspecify the COMELEC security markings that are notfound in the ballots that are considered fake orspurious.

On Stray Ballots The court must specify and statein detail why the ballots are considered stray.

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On Pair or Group of Ballots Written by One or

Individual Ballots Written By Two When ballots areinvalidated on the ground of written by one person,the court must clearly and distinctly specify why thepair or group of ballots has been written by only oneperson. The specific strokes, figures or lettersindicating that the ballots have been written by oneperson must be specified. A simple ruling that a pairor group of ballots has been written by one personwould not suffice. The same is true when ballots areexcluded on the ground of having been written by twopersons. The court must likewise take intoconsideration the entries of the Minutes of Voting andCounting relative to illiterate or disabled voters, if any,who cast their votes through assistors, in determiningthe validity of the ballots found to be written by oneperson, whether the ballots are in pairs or in groups;and

On Claimed Ballots The court must specify theexact basis for admitting or crediting claimed votes toeither party.

TECHNICAL EXAMINATION72


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TECHNICAL EXAMINATION

Motion for Technical Examination

Contents:

Within five (5) days after completion of revision in the protest orcounter-protest, except when it involves allegation of massive

substitute voting in the protest or counter-protest, a party maymove for technical examination, specifying:

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

b. The documents to be subjected to technical examination

c. The objections made in the course of the revision ofballots which the movant intends to substantiate with theresults of the technical examination, and

d. The ballots covered by such objections.

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IF MOTION FOR TECHNICAL EXAMINATION IS GRANTED

It shall start within five (5) days from notice to both parties

and shall be completed within the period specified by thecourt, in no case to exceed twenty (20)successiveworking days, unless the court grants anextension based on exceptionally meritorious ground.

Place and time of examination shall be included in theNOTICE to counsel or to parties without counsel.

A party may attend the technical examination, eitherpersonally or through a representative. However, thetechnical examination shall proceed with or without theattendance of the party, provided due notice has beengiven to the party.

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

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EXPERTS

to Conduct Technical Examination

Shall be provided by the requesting party;

May come from the NBI, PNP Crime Lab,COMELEC, or experts in private practice.

The other party may secure the services of an expertwho may only observe, not interfere with, theexamination conducted by the experts of the movant.

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PHOTOCOPYING OF BALLOTS

AND ELECTION DOCUMENTS (Rule12)Photocopying of Ballots and Election Documents

Allowed BUT Simultaneous with Revision upon SuchTerms and Conditions the Court Imposes

Where Conducted:

Within the premises of the court, near the revisionarea with a photocopier supplied by movant.

It shall be under the supervision of the clerk of court.

Movant shall bear all expenses relative tophotocopying.

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PRESENTATION OF EVIDENCE

(RULE 13)Presentation and Reception of Evidence; order of

hearing

If at the preliminary conference the parties have agreed on issuesaliunde the ballots or other election documents (e.g., vote-buying,

fraud, terrorism or violence), the reception of evidence on theissues, including the testimonies of witnesses, shall be donesimultaneously with the revision of ballots.

The reception of evidence on all other matters or issues incidentalto or interwoven with the ballots and related election documentsshall be made upon completion of

(a) the revision of ballots or election documents, or(b) the technical examination,

if allowed by the court under the provisions of Rule 11 of these Rules.

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Order of Presentation of Evidence

1.Protestants evidence

2.Protesteesevidence

3. Rebuttal Evidence

4. No sur-rebuttal evidence allowed.

When introducing electronic evidence:

Section 1. Burden of pro ving authent ic i ty. -

The person seeking to introduce an electronicdocument in an election protest has the burden ofproving its authenticity.

Electronic Authenticating78


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Electronic Authenticating

Document Section 2. Manner of authent icat ion. - Before any

electronicdocument or data offered as authentic is received inevidence, its authenticity must be proved by any of thefollowing means:

a) By evidence that it had been digitally signed by the personpurported to have signed the same;

b) By evidence that other'appropriate security procedures ordevices for authentication of electronic documents wereapplied to'the document; or

c) By other evidence showing its integrity and reliability to thesatisfaction of the judge.

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Section 1. Original of an

electronic document or data.

Anelectronic document or data

shall be regarded as the

equivalent of an originaldocument under the Best

Evidence Rule if it is a printout or

output readable by site or othermeans, shown to reflect the data

accurately.

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Section 2. Copies as equivalent of the

or iginals. - When a document is in two ormore copies executed at or about the sametime with identical contents, or is acounterpart produced by the sameimpression as the original, or from thesame matrix, or by mechanical or electronicre-recording, or by chemical reproduction,or by other equivalent techniques which isaccurately reproduces the original, such

copies or duplicates shall be regarded asthe equivalent of the original.

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Section 3. Aff idavit of evidence. - Allmatters relating to the admissibility andevidentiary weight of an electronicdocument may be established by anaffidavit stating facts of direct personalknowledge of the affiant or based onauthentic records. The affidavit mustaffirmatively show the competence of theaffiant to testify o n the matters containedtherein. The affiant shall be made to affirmthe contents of the affidavit in open session

and may be cross-examined as a matter ofright by the adverse party.

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Testimonial evidence shall be in affidavit form,

in question and answer format, subject toadverse partys objections to inadmissible

portions and to oral cross-examination.

The affidavit shall be based on personalknowledge, shall set forth facts as would beadmissible in evidence, and shall showaffirmatively that the affiant is competent to

testify on the matters stated therein. Theaffidavit shall be submitted to the court andserved on the adverse party at least three (3)days before the hearing.

Failure to submit the affidavit of a witnesswithin the specified time shall constitute awaiver of the party's right to present testimonialevidence.

One (1)-Day-Cross-Examination-

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One (1)-Day-Cross-Examination-of-Witness Rule

SHALL BE STRICTLY ADHERED TObut, extension shall be subject tocourtsdiscretion.

The revision reports, as well as theobjected and claimed ballots referredto therein, shall automatically form partof court records and may be adoptedby the parties as their evidence.

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Offer of Evidence

Shall be done orally on the last day of hearingof a partysevidence

Adverse party shall immediately interposeobjections

The court shall rule on the offer of evidencein open court. However, the court may, at itsdiscretion, allow the party to make an offerof evidence in writing, which shall be

submitted within three (3) days. If the courtrejects any evidence offered, the party maymake a tender of the excluded evidence.

R ti f E id

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Reception of EvidenceSec. 3, Rule 13

Once commenced, it shall continuefrom day to day as far as practicableuntil terminated.

Presentation shall not exceed ten

(10) successive days for each party,unless authorized by the SupremeCourt.

Adj t d

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Adjournments andPostponements

No motion for postponement shall beallowed, except for clearly meritorious

reasons, in no case to exceed threetimes of three calendar days intervaleach. The filing of dilatory pleadings ormotions shall constitute direct contemptof court and shall be punished

accordingly.

Disputable Presumptions87


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Disputable PresumptionsOn the elect ion procedu re:

1. The election of candidates was held on the date and time setand in the polling place determined by the Commission onElections;

2. The Boards of Election Inspectors were duly constituted and

organized;

3. Political parties and candidates were duly represented bypollwatchers;

4. Pollwatchers were able to perform their functions; and

5. The Minutes of Voting and Counting contains all the incidentsthat transpired before the Board of Election Inspectors.

O l t i h l i

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On elect ion paraphernal ia:

1. Ballots and election returns that bear thesecurity markings and features prescribed bythe Commission on Elections are genuine;

2. The data and information supplied by the

members of the Boards of ElectionInspectors in the accountable forms are trueand correct; and

3. The allocation, packing and distribution of

election documents or paraphernalia wereproperly and timely done.

S b i i f M d

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Submission of Memoranda

After the parties have rested their case, thecourt may allow the parties to submit theirrespective memoranda within a non-extendible period of ten (10) days from the

verbal ruling of the court on the last offer ofexhibits; or, if the offer was made in writing,within ten (10) days from receipt of thewritten ruling of the court.

No supplemental, reply or rebuttalmemorandum shall be allowed.

DECISION(Rule 14)90


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DECISION(Rule 14)

Rendition of Decision

Within thirty (30) days from the date case issubmitted for decision, but in no case beyond six (6)months after its filing, unless SC authorizes anextension in writing.

Failure to comply is a serious offense and shall beground for disciplinary action against the judge.

In addition, after the expiration of six months, thejudge shall be relieved of all duties and functions,except to decide the election case.

The winner shall be the candidate who obtained theplurality of the valid votes cast.

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Several Judgments

When a several judgment is proper,

court may render judgment againstone or more of them, leaving the

protest or petition to proceed against

the others.

Promulgation of Decision

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Promulgation of Decision

The decision signed by the judge shall bepromulgated by the reading of the dispositive portionin open court and its filing with the clerk of court, ona date set with due notice to the parties,

or

Through delivery of a copy of the signed decision tothe clerk of court who shall forthwith indicate the dateof rendition and cause true copies thereof to beserved, personally or by registered mail, upon thecounsel or the parties, if not represented by counsel.

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Finality of Decision

The decision of the court shallbecome final and executory five (5)

days after filing with the clerk of

court and receipt of notice by theparties.

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Entry of Judgment

If no appeal is filed within the time provided inthese Rules, the judgment shall be entered bythe clerk in the book of entries of judgments.

The date of finality of the judgment shall be thedate of its entry.

The record shall contain the dispositive part ofthe judgment and shall be signed by the clerk,

with a certificate that such judgment hasbecome final and executory.

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Notice of Final Decision

As soon as the decision becomes final, the clerk of court shall send

notices to the COMELEC, DILG,

and COA.

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APPEAL

All appeals from first level courts andsecond level courts in election protest orquo warranto shall be made to COMELEC.

Within five (5) days after promulgation in

open court or within five (5) days fromreceipt of the decision.

By filing a notice of appeal with the courtthat rendered the decision,

With copy served on the adverse counselor party if not represented by counsel.

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Appeal Fee

The appellant in an election contest

shall pay to the court that rendered

the decision an appeal fee of One

Thousand Pesos (P1,000.00),

simultaneously with the filing of the

notice of appeal.

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Immediate Transmittal

of Records of the Case

The clerk of court shall, within fifteen daysfrom the filing of the notice of appeal,

transmit to the Electoral ContestsAdjudication Department, COMELEC , thecomplete records of the case, together withall the evidence, including the original and

three copies of the transcript ofstenographic notes of the proceedings.

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Execution Pending Appeal

On motion of the prevailing party withnotice to the adverse party, the court,while still in possession of the originalrecords, may, at its discretion, order theexecution of the decision in an electioncontest before the expiration of the

period to appeal, subject to thefollowing rules:

a. There must be a motion by the prevailing

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a. There must be a motion by the prevailingparty with three(3) -day notice to theadverse party. Execution pending appealshall not issue without prior notice andhearing. There must be good reasons forthe execution pending appeal. The court, ina special order, must state the good orspecial reasons justifying the executionpending appeal. Such reasons must:

1. constitute superior circumstancesdemanding urgency that will outweigh theinjury or damage should the losing partysecure a reversal of the judgment on appeal;and

2. be manifest, in the decision sought to beexecuted, that the defeat of the protestee orthe victory of the protestant has been clearlyestablished.

b If the court grants an execution

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b. If the court grants an executionpending appeal, an aggrieved partyshall have twenty (20) working daysfrom notice of the special order withinwhich to secure a restraining order orstatus quo order from the SC or theCOMELEC.

The corresponding writ of executionshall issue after twenty (20) days, if norestraining order or status quo order is

issued. During such period, the writ ofexecution pending appeal shall bestayed.

Jurisdiction of the COMELEC

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Jurisdiction of the COMELEC

in Certiorari Cases

The Commission on Elections hasthe authority to issue the

extraordinary writs of certiorari,prohibition and mandamus only inaid of its appellate jurisdiction overdecisions of the courts in electioncases involving elective municipaland barangay officials.

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Preferential Disposition

of Election Contests

The courts shall give preferenceto election contests

over all other cases,

excepthabeas corpus.

COSTS, DAMAGES AND104


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ATTORNEY'S FEES (RULE 15)Costs

Allowed to the prevailing party as a matter of course.

The court shall have the power, for special reasons, toapportion the costs, as may be equitable.

The court may render judgment for costs if a protest, acounter-protest or a petition for quo warranto is dismissed.

When a protest, a counter-protest or a petition for quo warrantois found to be frivolous, double or treble costs may be imposedon the protestant, the counter-protestant or the petitioner.

Damages and Attorney's Fees

In all election contests, the court may adjudicate damages andattorney's fees, as it may deem just and as established by theevidence, if the aggrieved party has included such claims inthe pleadings.

FINAL PROVISIONS105


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(Rule 17)

Repealing Clause

All rules, resolutions, regulations or circulars of the SupremeCourt or parts thereof that are inconsistent with anyprovision of these Rules are hereby deemed repealed ormodified accordingly.

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

Effectivity Clause

These Rules shall take effect on May 15, 2007 followingtheir publication in two newspapers of general circulation inthe Philippines not later than May 3, 2007.

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Thank you!

Session 3-Election Contests

Documents

Transcript of Session 3-Election Contests