Article 115p. 115

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The Commission, in its discretion, may seek the

assistance of the Philippine National Police or the Armed

Forces of the Philippines in ensuring the safe delivery of

the ballot boxes and election paraphernalia into the

custody of the Commission.

Where

any

of

the ballot boxes, ballots, election

returns, election documents or paraphernalia mentioned

in the first paragraph above are also involved in election

contests

before

other fora, such as the Presidential

Electoral

Tribunal,

the Senate Electoral Tribunal, the

House of Representatives Electoral Tribunal, which, under

COMELEC Resolution No. 2812 dated 17 October 1995,

have preferential right over the custody and recount of

ballots

involved

in

simultaneous

protests,

the

Commission shall make the appropriate coordination and

request with the tribunal involved as to temporary prior

custody of ballot boxes and recount of ballots and other

documents and storage devices, or the synchronization of

such recount of ballots. The expenses necessary and

incidental to the bringing of the ballot boxes, election

documents,

and

devices

shall

be

shouldered

and

promptly

paid

by

the

protestant

and

the

counter-protestant, if any, in proportion to the precincts

involved. The expenses necessary and incidental to the

return of the ballot boxes, election documents, and

storage devices to their original custodians or the proper

tribunal after the termination of the case shall be shared

proportionately by the protestant and protestee based on

the number of precincts respectively contested by them.

Rule 13 Preliminary Conference

Section 1. Preliminary conference; mandatory. —

Within three (3) days after the filing of the last responsive

pleading allowed by these rules, or expiration of the same

period without any responsive pleading having been

filed,

the

Commission

shall

conduct

a

mandatory

preliminary conference among the parties to consider:

1.

The simplification of issues;

2.

The necessity or desirability of amendments to

the pleadings;

3.

The

possibility

of

obtaining

stipulations

or

admission

of

facts

and

of

documents

to

avoid

unnecessary proof;

4.

The

identification of the pilot protested and

counter-protested precincts and the manifestation of the

preferred mode of recount, unless the protestant or

protestees opts ONLY for the reading/appreciation of

rejected ballots in all protested or counter-protested

precincts;

5.

The limitation of the number of witnesses;

6.

The nature of the testimonies of the witnesses

and whether they relate to evidence aliunde, the ballots

or otherwise;

7.

The

withdrawal

of

certain

protested

or

counter-protested precinct (especially those where the

ballot boxes or ballots are unavailable or missing and

cannot be located or destroyed due to natural disasters or

calamities);

8.

The

number

of

recount

committees

to

be

constituted;

9.

The procedure to be followed in case the election

protest or counter — protest seeks, wholly or partially, the

examination

verification

or

re-tabulation

of

election

returns; and

10. Such other matters as may aid in the prompt

disposition of the case.

(as amended by COMELEC Resolution No. 9720)

Section 2. Notice through counsel. — The notice of

preliminary conference shall be served on the counsel or

on the party who has no counsel. Notice to counsel is

notice to the party, as counsel is charged with the duty to

notify the party represented.

Section 3. Appearances of parties. — It shall be the

duty of the parties and counsel to appear before the

Commission in person at the preliminary conference.

Section

4.

Preliminary conference brief. — The

parties shall file with the Commission and serve on the

adverse party, in such manner as shall ensure their

receipt at least one (1) day before the date of the

preliminary conference, their respective briefs which shall

contain the following:

1.

A

summary of admitted facts and proposed

stipulation of facts;

2.

The issues to be tried or resolved;

3.

The pre-marked documents or exhibits to be

presented, stating their purpose;

4.

A manifestation of their having availed or their

intention to avail themselves of discovery procedures or

referral to commissioners;

5.

The list of pilot protested or counter-protested

precincts, which shall be not more than twenty percent

(20%) of the total number of precincts, but in no case

exceeding two hundred (200) or be less than twenty (20)

precincts that will best illustrate the merits of the protest

which shall be the subject to the initial recount of paper

ballots, reading/appreciation of the rejected ballots and

decryption and recount of the ballot images if applicable.

The protestant may, however, waive the recount of

the

paper

ballots

and

instead

resort

to

either

the

decryption

and

recount

of

the

ballots

of

the

pilot

protested

or

counter-protested

precincts,

OR

the

reading/appreciation of the rejected ballots only of the

entire protested or counter-protested precincts;

1.

The number and names of the witnesses, their

addresses,

and

the

substance

of

their

respective

testimonies. The testimonies of the witnesses shall be by

affidavits in question and answer form as their direct

testimonies, subject to oral cross examination;

2.

A

manifestation

of

withdrawal

of

certain

protested or counter-protested precincts , if such is the

case;

3.

The proposed number of recount committees

and names of their representative, and their alternates;

and

4.

In case the election protest or counter-protest

seeks the examination, verification or re-tabulation of

election returns, the procedure to be followed.

(as amended by COMELEC Resolution No. 9720)

Section 5. Failure to file brief. — Failure to file brief or

to

allege

the

required

contents

mentioned

in

the

preceding section shall have the same effect as failure to

appear at the preliminary conference.

(as amended by COMELEC Resolution No. 9720)

Section 6. Effect of failure to appear. — The failure of

the protestant or counsel to appear at the preliminary

conference shall be cause for dismissal, motu proprio , of

the protest or counter-protest. The failure of the protestee

or counsel to appear at the preliminary conference gives

the Commission the discretion to allow the protestant to

present evidence ex parte and render judgment based

on the evidence presented.

Section 7. Preliminary conference order. — Within

three

days

following

the

date

of

the

preliminary

conference,

the

Commission

shall

issue

an

order

summarizing the matters taken up and stipulations or

agreements

reached

during

the

conference.

The

Commission shall specify in the preliminary conference

order when the recount of ballots will commence, which

shall be within five days from the termination of the

preliminary conference.

Rule 14 Subpoena

Section 1. Subpoena Ad Testificandum or Subpoena

Duces

Tecum.

—

Subpoena

ad

testificandum

or

© Compiled by RGL

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