Article 108p. 108

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(f) Mark exhibits of the parties, indicating therein the

date and affixing thereto his signature;

(g) Be responsible to the Clerk of Court of the

Commission for the safety and security of the records of

cases and other documents entrusted to him during

sessions or hearings; and

(h) Perform such duties as may be assigned by the

Presiding

Commissioner

or

by

the

Clerk

of

Court

concerned.

Section 7. Stenographers. — Every session or hearing

of the Commission, whether en banc or in Division, shall

be attended by at least two (2) competent stenographers.

Section 8. Duties of Stenographers . — It shall be the

duty of the stenographers to:

(a)

Record

faithfully

in

stenographic

notes

the

proceedings

during

the

session

or

hearing

of

the

Commission en banc or of the Division;

(b) At the close of every hearing or session, to deliver

immediately the stenographic notes he has taken to the

Clerk of Court or Division Clerk of Court who shall initial all

the pages thereof and who shall stamp the date of

receipt thereon, and when such notes are transcribed, the

transcript shall likewise be delivered to the Clerk of Court

who shall initial each page thereof. It shall be the duty of

the Clerk of Court to demand that the stenographer

comply with said task;

(c)

Transcribe

the

notes,

upon

demand

of

the

Commission or the Division, or by any of the parties,

subject to the payment of the prescribed fees; and

(d) Perform such other duties as the Commission may

prescribe.

Section 9. Security . — At any session or hearing of the

Commission or any of its Divisions, the Executive Director

thru

the

Assistant

Director

for

Administration,

shall

provide adequate security for and in the session hall and

its premises.

Section 10. Support Staff . — The Commission or any

of the Divisions may require other employees of the

Commission to assist the Commission or the Divisions

during its session or hearing or in the performance of its

duties. They shall be under the supervision of the Clerk of

Court concerned.

Rule 39 — Seal of the Commission

Section 1. Custodian of the Seal. — The Secretary of

the Commission, the Director of the Law Department and

the

Director

of

the

Electoral

Contests

Adjudication

Department shall each keep a seal of the Commission.

Section 2. Use of the Seal. — The seal of the

Commission shall be affixed to all decisions, orders,

rulings or resolutions of the Commission or any of its

Divisions, certified copies of official records, and such

other documents which the Commission may require to

be sealed.

Rule 40 — Fees and Charges

Section 1. Filing Fees for Election Contests and Quo

Warranto. — (a) The filing fees for election contests and

quo

warranto

cases

and

petitions

for

certiorari,

prohibition or mandamus filed with the Commission are

hereby prescribed as follows:

(1) Election protests and quo warranto cases P500.00

for each interest;

(2)

Counter-protest

or

protest-in-intervention

P500.00.

Each

interest

mentioned

above

shall

pay

an

additional amount of P10.00 as legal research fee in

accordance with the provisions of Sec. 4, Republic Act No.

3870, as amended by Presidential Decree No. 200 and

Presidential Decree No. 1856.

(b) Cash deposits. — In any protest or counter-protest

or protest-in-intervention not requiring ballot revision, the

following cash deposits shall be paid by the interested

party;

(1) For each election contest ..... P1,000.00;

(2) For each counter-protest or protest-in-intervention

P1,000.00.

(c)

In

any

protest,

counter-protest

or

protest-in-intervention

requiring

ballot

revision

the

following cash deposits shall be paid by the interested

party:

(1) For each election contest ..... P5,000.00;

(2) For each counter-protest or protest-in-intervention

P5,000.00.

The cash deposits prescribed above shall be applied

to the payment of all expenses incidental to such protest,

counter-protest

or

protest-in-intervention.

When

circumstances so demand, additional cash deposits may

be

required.

Any

unused

balance

thereof

shall

be

returned

to

the

protestant,

counter-protestant

or

protestant-intervenor, as the case may be.

(d) In case of revision of ballots, there shall be

deposited the sum of P350.00 for every ballot box for the

compensation of the revisors at the rate of P100.00 each

and as reserve for expenses.

(e) If a claim for damages and attorney's fees are set

forth

in

a

protest,

counter-protest

or

protest-in-intervention, an additional filing fee shall be

paid at the rate of P300.00 for the first one hundred fifty

thousand pesos and P4.00 for every one thousand pesos

over the first P150.000.00

Section 2. Filing Fees in Special Actions and Special

Proceedings . — (a) The petitioner in any Special Action or

Special Proceeding shall pay a filing fee of P500.00.

(b) In every such a case, a legal research fee of P10.00

pursuant to Sec. 4 of Republic Act No. 3870, as amended,

shall be paid.

(c) In petition for registration of political parties,

organizations or coalition of political parties, there shall

be paid an additional sum of P1,000.00 for the certificate

of registration.

Section 3. Appeal Fees . — The appellant in election

cases shall pay an appeal fee as follows:

(a) Election cases appealed from Regional Trial Courts

P1,000.00.

(b) Election cases appealed from courts of limited

jurisdiction .... P500.00.

In every case, a legal research fee of P20.00 shall be

paid by the appellant in accordance with Sec. 4, Republic

Act No. 3870, as amended.

Section 4. Where and When to Pay. — The fees

prescribed in Sections 1, 2 and 3 hereof shall be paid to,

and deposited with, the Cash Division of the Commission

within a period to file the notice of appeal.

Section 5. Filing Fees in Special Cases . — (a) In

special Cases the petitioner shall pay a filing fee of

P500.00.

(b) In such cases there shall be imposed an amount of

P10.00 as legal research fee in accordance with Sec. 4,

Republic Act No. 3870, as amended.

(c) Cash Deposit — If in a Special Case a recount of

the ballots is required, the Commission or the Division to

which the case is assigned, shall order the interested

party to make a cash deposit of P2,000.00 with the Cash

Division,

Administrative

Services

Department

of

the

Commission, within a period to be fixed in the order. This

amount shall be applied to all expenses incidental to the

controversy. When circumstances so demand, additional

cash deposits may be required.

Whenever

applicable,

the

revisor's fees fixed on

Section 1 (c) above shall be deposited with the Cash

Division,

Administrative

Services

Department

of

the

Commission by the party concerned.

© Compiled by RGL

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