Article 114p. 114

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Rule 9 Motions

Section 1. Motions must be in writing. — Except

those made in open session during the course of the

proceedings, all motions shall be in writing.

A motion shall state the order sought to be obtained

and the grounds upon which it is based.

Section 2. Proof of service necessary. — No written

motion shall be acted upon by the Commission without

proof of service on the adverse party.

Section 3. No hearings on motions. — Motions shall

not be set for hearing unless the Commission directs

otherwise. Oral argument in support thereof shall be

allowed only upon the discretion of the Commission. The

adverse party may file opposition five days from receipt

of the motion, upon the expiration of which such motion

is deemed submitted for resolution. The Commission

shall resolve the motion within five days.

Rule 10 Prohibited Pleadings

Section 1. Prohibited pleadings and motions. — The

following pleadings, motions or petitions shall not be

allowed:

a) Motion to dismiss except on the ground of lack of

jurisdiction over the subject matter;

b) Motion for a bill of particulars;

c) Demurrer to evidence;

d) Motion for new trial, or for reconsideration of a

judgment, or for reopening of trial;

e) Petition for relief from judgment;

f) Motion for extension of time to file pleadings,

affidavits or other papers;

g)

Memoranda,

except

when

required

by

the

Commission in an Order;

h) Motion to declare the protestee or respondent in

default;

i) Dilatory motion for postponement;

j) Motion to inhibit the Commissioner/s except on

clearly valid grounds;

k) Reply or rejoinder; and

l) Third-party complaint.

Section 2. Grounds to dismiss must be set up in the

answer. — All grounds to dismiss an election protest

must be set-up or pleaded as affirmative or special

defenses. Defenses not raised are deemed waived. The

Commission may, in its discretion, hold a preliminary

hearing on the grounds so pleaded.

Rule 11 Filing fees and cash deposits

Section 1. Filing fees. — No protest, counter-protest

shall be accepted for filing without the payment of a

filing

fee

in

the

amount

of

Ten

Thousand

Pesos

(P10,000.00) for each interest.

If claims for damages and attorney's fees are set forth

in a protest or counter-protest, additional filing fees shall

be paid in accordance with the schedule provided for in

Rule 141 of the Rules of Court, as amended.

Section 2. Cash Deposit. — (a) In addition to the fees

prescribed in the preceding section, the protestant on an

election

protest

requiring

recount

of

ballots

or

re-tabulation of election returns, or which may require

the bringing to the Commission of copies of other

election documents, printed or electronic, as well as the

machines

or

devices

to

which

electronic

election

documents are stored or may be processed, shall make a

cash

deposit with the Commission in the following

amounts:

1. One Thousand Five Hundred Pesos (P1,500.00) for

each precinct involved in the protest or counter-protest;

provided that, in no case shall the deposit be less than

Twenty-Five Thousand Pesos (P25,000.00) to be paid

upon the filing of the election protest (counter-protest);

2. If the amount to be deposited does not exceed One

Hundred Thousand Pesos (P100,000.00), the same shall

be paid in full within ten days after the filing of the

protest; and

3. If the deposit exceeds One Hundred Thousand

Pesos (P100,000.00), a cash deposit in the amount of One

Hundred Thousand Pesos (P100,000.00) shall be made

within ten days after the filing of the protest.

The balance shall be paid in such installments as may

be required by the Commission with at least five days

advance notice to the party required to make the deposit.

The cash deposit shall be applied by the Commission

to the payment of compensation of Recount Committees

as provided under Section 3, Rule 17 of these Rules and of

all expenses incidental to the recount but not limited to

supplies and miscellaneous expenses of the recount

committee. When the Commission determines that the

circumstances so demand, as when the deposit has been

depleted, it may require additional cash deposits. Any

unused cash deposit shall be returned to the party

making the same after complete termination of the

protest or counter-protest.

The same amount of cash deposit shall be required

from

the

protestee

(counter-protestant),

should

continuation of recount be ordered. Once required, the

protestee (counter-protestant) shall pay the cash deposit

within a non-extendible period of three days from receipt

of the corresponding order.

(b) Failure to make the cash deposits required within

the prescribed time limit shall result in the automatic

dismissal of the protest, or counter-protest.

(c) The Division Clerk of the Commission or Overall

Chairman of the Recount Committee shall liquidate any

cash advance granted to him/her for the purchase of

supplies within a non-extendible period of thirty (30) days

from date of termination of the recount.

Rule 12 Production and Custody of Ballot Boxes, Election

Documents, Data Storage Devices, and Machines Used in

the Elections

Section

1.

Issuance of precautionary protection

order. — Where the allegations in a protest so warrant,

and simultaneously with the issuance of summons, the

Commission shall order the municipal treasurer and

election

officer,

and

the

responsible

personnel

and

custodian

to

take

immediate

steps

or measures to

safeguard the integrity of all the ballot boxes, lists of

voters with voting records, books of voters and other

documents or paraphernalia used in the election, as well

as

data

storage

devices

containing

electronic

data

evidencing the conduct and the results of elections in the

contested precincts.

Section

2.

When

ballot

boxes

and

election

documents are brought before the Commission. —

Within forty-eight hours from receipt of the answer with

counter- protest, if any, and whenever the allegations in a

protest or counter-protest so warrant and when it finds

the same necessary, the Commission shall order the

boxes with their keys, lists of voters with voting records,

books of voters, the electronic data storage devices, and

other documents, paraphernalia, or equipments relative

to the precincts involved in the protest or counter-protest,

to be brought before it.

The Commission shall notify the parties of the date

and time for the retrieval from their respective custodians

of the ballot boxes, other election documents, data

storage

devices,

equipments.

The

parties

may send

representatives

to witness the activity. The absence,

however, of a representative of a party shall not be reason

to postpone or delay the bringing of the ballot boxes,

election documents, and data storage devices, into the

custody of the Commission.

© Compiled by RGL

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