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OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 10. Cash Deposit . — (a) In any protest,

counter-protest or protest-in-intervention not requiring

ballot revision, the protestant, the counter-protestant, or

intervenor, as the case may be, shall upon the payment of

the filing fee, make a cash deposit in the amount of five

hundred pesos (P500.00) which shall be applied to the

payment

of all expenses incidental to such protest,

counter-protest

or

protest-in-intervention.

When

circumstances so warrant, additional cash deposits may

be

required.

Any

unused

balance

thereof

shall

be

returned to the party making the deposit.

(b) In case revision of ballots is required, there shall be

deposited, within ten days after being required by the

Court, the sum of three hundred pesos (P300.00) for

every ballot box for the consumption of revisors at the

rate of P100.00 each.

(c) Failure to make the cash deposits herein provided

within

the

prescribed

time limit shall result in the

automatic dismissal of the protest, counter-protest or

protest-in-intervention, as the case may be.

(d) In case the party who has paid the expenses and

costs wins, the court shall assess, levy and collect the

same as costs from the losing party.

Section 11. Presentation and Reception of Evidence.

— The presentation and reception of evidence in election

contests shall be made in accordance with Section 2 of

Rule 17 of these Rules, but the same shall be completed

within

thirty

(30)

days

from

the

date

of

the

commencement thereof.

Section

12.

Custody

of

Ballot

Boxes,

Election

Documents and Paraphernalia . — Where allegations in

a protests, or counter-protest or protest-in-intervention so

warrant, or whenever in the opinion of the Court the

interest of justice so demands, it shall immediately order

the ballot boxes containing ballots and their keys, list of

voters with voting records, books of voters, and other

documents used in the election to be brought before it.

Said election documents and paraphernalia shall be kept

and held secure in a place to be designated by the Court

in the care and custody of the Clerk of Court.

Section 13. Revision of Ballots. — For the purpose of

revision of ballots, the court shall appoint a committee

composed

of

a

chairman

and

two

members,

one

member

and his substitute to be proposed by the

protestant, and the other member and his substitute by

the protestee.

The revision of the ballots by the Committee on

revision shall be made in the office of the Clerk of Court or

at such other place as may be designated by it, but in

every case under the Court's strict supervision.

The revision of the ballots shall be completed within

twenty (20) days from the date of the order, unless

otherwise directed by the Court, subject to the time limits

prescribed under Sec. 11 and Sec. 17 of this Rule.

Section 14. Book of Voters as Evidence. — The book

of voters shall be conclusive evidence in regard to the

question as to who has the right to vote in said election.

Section 15. Report of the Committee on Revision . —

The committee on revision shall make a statement of the

condition in which the ballot boxes and their contents

were found upon the opening of the same, 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 it. Disputed ballots shall be numbered

consecutively

for

purposes

of

identification

in

the

presence

and

under

the

direction

of

the

official

designated by the Court. After examination, the ballots

and other election documents shall be returned to their

respective boxes, but disputed ballots shall be placed in a

separate

envelope

duly

sealed

and

signed

by

the

members of the committee, after which said envelope

shall then be returned to the box. Thereafter, the boxes

shall be locked. For purposes of making the report which

shall be submitted in twelve (12) legible copies, the form

prescribed by the Commission shall be followed.

Section 16. Prohibited Access . — During the revision

of ballots no person other than the Judge, the Clerk of

Court, members of the committee on revision of ballots,

the parties, their duly authorized representatives shall

have access to the place where said revision is taking

place.

Section 17. Decision on the Contest. — The Court

shall decide the election contest within thirty (30) days

from the date it is submitted for decision, but in every

case within six (6) months after its filing and shall declare

who among the parties has been elected, or in a proper

case, the none of them has been legally elected. The

party who in the judgment has been declared elected

shall have the right to assume the office as soon as the

judgment becomes final.

In case the Court finds that the protestant, protestee

or intervenor shall have an equal or highest number of

votes, it shall order the drawing of lots by those who have

tied and shall proclaim as elected the party who may be

favored by luck, and the party so proclaimed shall have

the right to assume office in the same manner as if he

had been elected by plurality vote.

Section

18.

Damages

and

Attorney's

Fees

in

Election Contests. — In all election contests, the court

may adjudicate damages and attorney's fee as it may

deem just and as established by the evidence if the

aggrieved

party

has

included

such

claims

in

his

pleadings.

Section 19. Promulgation and Finality of Decision. —

The decision of the Court shall be promulgated on a date

set by it of which due notice must be given the parties. It

shall become final five (5) days after its promulgation. No

motion for reconsideration shall be entertained.

Section 20. Notice of Final Decision . — As soon as

decision declaring the election of the winner becomes

final, notice thereof shall be sent to the Commission on

Elections, the Department of Local Government and the

Commission on Audit. If the decision be that none of the

parties has been legally elected, the Clerk of Court shall

certify such decision to the President of the Philippines

and to the Commission on Elections.

Section 21. Appeal. — From any decision rendered by

the

court

the

aggrieved

party

may

appeal

to

the

Commission on Elections within five (5) days after the

promulgation of the decision.

Section 22. Preferential Disposition of Contests. —

The courts shall give preference to election contests over

all other cases, except those of habeas corpus.

Rule 36 — Quo Warranto Case Before Courts of General

Jurisdiction

Section 1. Filing of Petition . — A voter contesting the

election of any municipal official on the ground of

ineligibility or disloyalty to the Republic of the Philippines

may file a petition for quo warranto with the appropriate

Regional Trial Court.

Section 2. Designation of Parties . — The party filing

the petition shall be referred to as the Petitioner and the

party against whom it is filed shall be known as the

Respondent.

Section 3. Period Within Which to File the Petition.

— The petition shall be filed within ten (10) days after the

proclamation of the results of the election.

Section 4. Petition to be Verified . — The petition

shall be verified by the party filing it or by his attorney.

Any subsequent pleading based on facts which ought to

be proved shall likewise be verified.

Section 5. Filing Fee. — No petition for quo warranto

shall be given due course without the payment of a filing

fee in the amount of Three Hundred Pesos (P300.00) and

the legal research fee as required by law.

Section 6. Summons. — It shall be the duty of the

Clerk of Court to serve notice and a copy of the petition

© Compiled by RGL

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