Article 112p. 112

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

not suspend the formal proclamation of the official

results of the election, until the final resolution of the

appeal.

a.6) Within forty-eight (48) hours from such notice to

the BOC, the petitioner shall submit before the Board a

Memorandum on Appeal stating the reasons why he

resolution being questioned is erroneous and should be

reversed.

a.7) Upon receipt by the BOC of the petitioner's

memorandum on appeal, the Board shall forward the

entire records of the petition at the expense of the

petitioner.

a.8) Upon receipt of the records herein referred to, the

petition shall be docketed by the Clerk of Commission

and

submitted

to

the

COMELEC

en

banc

for

consideration and decision.

a.9) Within five (5) days therefrom the COMELEC en

banc shall render its decision on the appeal.

b) If filed directly with the Commission, the petition

shall be heard by the COMELEC en banc under the

following procedures. Upon receipt of the petition by the

COMELEC, the Clerk of the Commission shall docket the

same

and

forthwith

send

summons

to

the

BOC

concerned with an order directing it to submit, through

the fastest verifiable means available, its answer within

forty-eight (48) hours.

The COMELEC en banc shall resolve the petition

within five (5) days from the filing of the answer, or upon

the expiration of the period to file the same.

Section

6.

Illegal

Proceedings

Discovered

after

Proclamation. — If the illegality of the proceedings of the

BOC is discovered after the official proclamation of the

supposed

results,

a

verified

petition

to

annual

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 file 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.

Rule 5 Canvas on Manually Prepared Election Returns

Section 1. Canvass of Manually Prepared Election

Returns. — If by reason of the implementation of a

continuity plan, election returns and/or certificate of

canvass are manually prepared and transported to the

BOC for canvass, said continuity plan together with the

General Instructions for the Board of Canvassers shall

primarily apply, supplemented whenever applicable, by

the regular COMELEC Rules of Procedure and these rules.

PART III ELECTION PROTEST

Rule 6 Election Protest

Section

1.

Jurisdiction

of

the

Commission

on

Elections. — The Commission on Elections, through any

of its Divisions, shall have exclusive original jurisdiction

over all election protests involving elective regional (the

autonomous regions), provincial, and city officials.

Section 2. Election protest. — A petition contesting

the elections or returns of an elective regional, provincial,

or city official shall be filed with the Commission by any

candidate who was voted for in the same office and who

received the second of third highest number of votes or,

in

a

multi-slot

position,

was

among

the

next

four

candidates

following

the

last

ranked

winner

duly

proclaimed, as reflected in the official results of the

election contained in the Statement of Votes. The party

filing the protest shall be designated as the protestant;

the adverse party shall be known as the protestee.

Section 3. How Initiated. — An election protest or

petition for quo warranto shall be filed directly with the

Commission within a non extendible period of ten (10)

days following the date of proclamation. The protest or

petition shall be in two (2) original copies with annexes

together with an electronic version thereof stored in

compact

disc, flash drive, or other portable storage

device, with proof of service of a copy upon the protestee.

The electronic version of the protest or petition need not

be signed and shall be in MS Word or other similar

formats, while the annexes shall be in PDF format saved

collectively as a single file.

Each contest shall refer exclusively to one (1) office

but contests for offices of the Sangguniang Pampook,

Sangguniang Panlalawigan or Sangguniang Panlungsod

may be consolidated in one (1) case. (as amended by

COMELEC Resolution No. 9720)

Section 4. Modes of service and filing. — Service and

filing of pleadings, including the initiatory petition and

other

papers,

shall be done personally. Except with

respect to papers emanating from the Commission, a

resort to other modes of service must be accompanied by

a written explanation why the service or filing was not

done personally. A violation of this Rule shall be a cause to

consider the pleading or paper as not filed.

Section

5.

Petition

must

be

verified

and

accompanied by a certificate of non-forum shopping.

— An election protest shall be verified by an affidavit

stating that the affiant has read the petition and that the

allegations therein are true and correct of affiant's own

knowledge or based on authentic records. A verification

based

on

"information

and

belief"

or

upon

the

"knowledge, information and belief" is not a sufficient

verification.

The protestant shall personally sign the certificate of

non-forum shopping which must be annexed to the

election

protest.

An unverified petition or one with

insufficient verification or unaccompanied by a certificate

of non-forum shopping shall be dismissed outright and

shall not suspend the running of the reglementary period

to file an election protest.

Section

6.

Pendency

of

pre-proclamation

controversy. — The pendency of a pre-proclamation

controversy involving the validity of the proclamation as

defined by law shall suspend the running of the period to

file an election protest.

Section 7. Contests of the protest or petition. — An

election

protest

or

petition

for

quo

warranto

shall

specifically state the following facts:

a) The position involved

b) That the protestant was a candidate who has duly

filed a certificate of candidacy and has been voted for the

same office.

c) The date of proclamation; and

d) The number of votes credited to the parties per

proclamation.

An election protest shall also state:

e) The total number of precincts of the region,

province or city concerned;

f) The protested precincts and votes of the parties in

the protested precincts per the Statement of Votes By

Precinct or, if the votes of the parties are not specified an

explanation why the votes are not specified;

g) A detailed specification of the acts or omissions

complained of showing the electoral frauds, anomalies or

irregularities in the protested precincts.

Section 8. Docketing and Raffle of Protest. — The

Director of the Election Contest and

Adjudication Department (ECAD) shall immediately

docket the Protest and raffle the case to either the First or

Second Division of the Commission.

Section 9. Summary dismissal of election contest. —

The Commission shall summarily dismiss, motu proprio,

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