Article 113p. 113

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

an election protest and counter-protest on the following

grounds:

a)

The Commission has no jurisdiction over the

subject matter;

b) The protest is insufficient in form and content as

required in Section 7 hereof;

c) The petition is filed beyond the period prescribed

in these rules;

d) The filing fee is not paid within the period for the

filing the election protest or petition for quo warranto;

and

e) In case of protest where a cash deposit is required,

the cash deposit is not paid within fifteen (15) days from

the filing of the protest.

Rule 7 Summons

Section 1. Summons. — Within three (3) days from

the filing of the protests, the Clerk of the Commission or

the Division concerned shall issue the corresponding

summons to the protestee or respondent, together with a

copy of the protest, requiring the filing of an answer

within a non-extendible period of five days from notice.

Section 2. Service of summons. — The summons

shall

be

served

immediately

upon

its

issuance

by

handling a copy to the protestee or respondent in person

or, in case of refusal of the protestee or respondent to

receive and sign for it, by tendering the same. If, for

justifiable causes, the protestee or respondent cannot be

served in person as provided above, service may be

effected by leaving copies of the summons at:

a) The residence of protestee or respondent, as stated

in the certificate of candidacy he filed, with some person

of suitable age and discretion residing therein, or

b) The office or regular place of business of protestee

or respondent with some competent person in charge

thereof.

Section 3. By whom served. — The summons shall be

served by a bailiff of the

Commission

or

Division or upon request of the

Commission or Division, by the Sheriff of any Court in the

place where the parties to be served reside or for special

reasons,

by

a

person

especially

authorized

by

the

Commission or Division.

Section 4. Return. — When the service has been

completed by personal service, the server shall give

notice thereof, by registered mail, to the protestant or his

counsel and shall return the summons to the Clerk of the

Commission who issued it, accompanied with the proof

of service.

Section 5. Proof of Service. — Proof of service of

summons shall be made in the manner provided for in

the Revised Rules of Court of the Philippines.

Rule 8 Answer and Counter-Protest

Section

1.

Verified

answer;

counter-protest.

—

Within five (5) days from receipt of the summons, the

protestee/s shall file an Answer in two (2) original copies

with

complete

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 protestant. The electronic version of the Answer

need not be signed and shall be in MS Word format or

other similar formats, while the annexes shall be in PDF

format saved collectively as a single file.

The answer shall be verified and may set forth

admissions and denials, special and affirmative defenses

and

a

compulsory

counterclaim. The protestee may

incorporate a counter-protest in the answer.

The

counter-protest

shall

specify

the

counter-protested precincts and any votes of the parties

therein per the Statement of Votes, or if not so specified,

an explanation why the votes are not specified, and a

detailed

specification

of

the

acts

or

omissions

complained of showing the electoral frauds, anomalies or

irregularities

in

the

counter-protested

precincts.

(as

amended by COMELEC Resolution No. 9720)

Section

2.

Answer

to

counterclaim

or

counter-protest.

—

The

protestant

shall answer the

counterclaim or counter-protest within a non-extendible

period of five days from notice.

Section 3. Allegations in the answer. -

(a) Specific denial. — A protestee must specify each

material allegation of fact the truth of which is not

admitted and, whenever practicable, shall set forth the

substance of the matters relied upon in support of the

denial.

The

protestee

shall

specify

so much of the

averments that are true and material and shall deny the

remainder.

(b)

Allegations

not

specifically

denied

deemed

admitted. — Material averment in the protest other than

the amount of unliquidated damages and issues as to the

recount or appreciation of ballots, shall be deemed

admitted when not specifically denied.

Section 4. Effect of failure to plead. -

a) Defenses and objections not pleaded. — Defenses

and objections not pleaded are deemed waived. However,

when it appears from the pleadings or the evidence on

record that the Commission has no jurisdiction over the

subject matter, that there is another action pending

between the same parties for the same cause, or that the

action is barred by a prior judgment, or the statute of

limitations, the Commission shall dismiss the claim.

b)

Compulsory

counterclaim

or

cross-claim

not

set-up

barred.

—

A

compulsory

counterclaim,

or

a

cross-claim not set up shall be barred.

c) Effect of failure to answer. — In an election protest

that does not involve ballot recount, if the protestee fails

to

file

an

answer

within

the

time

allowed,

the

Commission shall, upon motion of the protestant with

notice to the protestee, and upon proof of such failure,

require the protestant to submit evidence ex parte.

d) However, in the case of election protests involving

ballot

recount

or

examination,

or

verification

or

re-tabulation of the election returns, the Commission

shall order such recount of ballots or re-tabulation of

election returns. The Commission shall proceed to render

judgment

based

on

the

results

of

the

recount

or

re-tabulation of election returns. During the recount or

re-tabulation of election returns, only the protestant, or

his representative may participate. The protestee or his

duly authorized representative has the right to be present

and observe the proceedings without the right to register

his comment on the ballots and election returns.

Section 5. How to compute time. — In computing

any period of time prescribed or allowed by these Rules,

or by order of the Commission, or bay any applicable

statute, the day of the act or the event from which the

designated period of time begins to run is to be excluded

and the date of performance included. If the last day of

the period, as thus computed, falls on a Saturday, a

Sunday,

or

legal

holiday

on

the

place

where

the

Commission sits, the time shall not run until the next

working day.

Section 6. Amendments; limitations. — After the

expiration of the period for the filing of the election

protest or counter-protest, substantial amendments that

broaden

the

scope

of

the

action,

or

introduce

an

additional cause or causes of action may be allowed only

upon leave of the Commission. Such leave may be

refused if it appears that the motion was made with

intent to delay. Any amendment in matters of form, such

as a defect in the designation of the parties and other

clearly clerical or typographical errors, may be summarily

corrected

by

the

Commission

at

any

stage

of

the

proceedings, at its initiative or on motion, provided no

prejudice is caused thereby to the adverse party.

© Compiled by RGL

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