Article 119p. 119

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The one-day-cross-examinations-of-witness rule, that

is, a witness has to be fully cross-examined in one day

only shall be strictly adhered to. The Commission, at its

discretion,

may

extend

the

cross-examination

for

justifiable reasons.

The recount reports, as well as the objected and

claimed ballots referred to therein, shall automatically

form part of records of the Commission and may be

adopted by the parties as their evidence.

Section 2. Offer of evidence. — The Commission shall

consider no evidence that has not been formally offered.

Formal offer of documentary evidence shall be done in

writing after the last day of hearing allowed for each

party.

The

opposing

party

shall

be

required

to

immediately

interpose

his written objections thereto

within

five

(5)

from

receipt

of

formal

offer.

The

Commission shall rule on the offer of evidence not later

than five (5) days from receipt of the Comment to the

formal offer.

Section 3. Reception of evidence continuous. —

Reception of evidence, once commenced, shall continue

from day to day as far as practicable until terminated.

Section 4. Adjournments and postponements. — No

motion for postponement shall be allowed, except for

clearly meritorious reasons, in no case to exceed three

times. The filing of dilatory pleadings or motions shall

constitute direct attempt of Commission and shall be

punished accordingly.

Section 5. Burden of proof. — Burden of proof is the

duty of a party to present evidence of the facts in issue,

necessary to establish one's claim or defense.

Section 6. Disputable presumptions. — The following

presumptions

are

considered

as

facts,

unless

contradicted and overcome by other evidence;

a) On the election procedure:

a.1) The election of candidates was held on the date

and time set and in the polling place determined by the

Commission on Elections;

a.2) The Boards of Election Inspectors were duly

constituted and organized;

a.3)

Political

parties

and

candidates

were

duly

represented by poll watchers;

a.4) Poll watchers were able to perform their function;

and

a.5) The Minutes of Voting and Counting contains all

the incidents that transpired before the Board of Election

Inspectors.

b) On election paraphernalia:

b.1) Ballots and election returns that bear the security

marketing's and features prescribed by the Commission

on Election are genuine;

b.2)

The

data

and

information

supplied

by

the

members of the Boards of Election Inspectors in the

accountable forms are true and correct; and

b.3)

The

allocation,

packing

and

distribution

of

election documents or paraphernalia were properly and

timely done.

c) on appreciation of ballots:

c.1) A ballot with appropriate security markings is

valid;

c.2) The ballot reflects the intent of the voter;

c.3) The ballot is properly accomplished;

c.4) A voter personality prepared one ballot, except in

the case of assistors; and

c.5) The exercise of one's right to vote was voluntary

and free.

Section

7.

Submission

of

memoranda.

—

The

Commission

may

allow

the

parties

to

submit their

respective memoranda within a non-extendible period of

ten

days

from

receipt of the written ruling of the

Commission.

No

supplemental,

reply

or

rebuttal

memorandum shall be allowed.

Rule 18 (19a) Decisions

Section 1. Rendition of Decision. — The Commission

shall decide the election contest within thirty days from

the date it is submitted for decision.

Section 2. Procedure in making Decisions. — The

conclusions of the Commission in any case submitted to

it for decision shall be reached in consultation before the

case is assigned by raffle to a Member for the writing of

the opinion. A certification to this effect signed by the

Chairman

or

Presiding

Commissioner

shall

be

incorporated in the decision. Any member who took no

part,

or

dissented, or abstained from a decision or

resolution must state the reason therefor.

Every

decision

shall

express

therein

clearly

and

distinctly the facts and the law on which it is based. In its

decision the Commission shall be guided by the principle

that every ballot is presumed to be valid unless there is

clear and good reason to justify its rejection and that the

object of the election is to obtain the true expression of

the voters.

Section 3. Several Judgments. — In a protest against

several protestees, the Commission may, when a several

judgment is proper, render judgment against one or

more of them, leaving the protest to proceed against the

others.

Section 4. When extended Opinion Reserved. —

When in a given resolution or decision the writing of an

extended opinion is reserved, the extended opinion shall

be released within fifteen (15) days after the promulgation

of the resolution.

Section 5. Period to File Motion for Reconsideration

When Extended Opinion is Reserved. — If an extended

opinion is reserved in a decision, the period to file a

petition for certiorari with the Supreme Court or to file a

motion for reconsideration shall begin to run only from

the date the aggrieved party received a copy of the

extended opinion.

Section 6. Promulgation. — The promulgation of a

decision of the Commission shall be on a date previously

fixed, of which notice shall be served in advance upon the

parties or their counsels personality, or by registered mail,

or by telegram, or any verifiable speedy means.

Section 7. Procedure if Opinion is Equally Divided. —

When the Commission en banc is equally divided in

opinion, or the necessary majority cannot be had, the

case shall be reached, and if on rehearing no decision is

reached, the protest or the counter-protest shall be

deemed

dismissed

if

originally

commenced

in

the

Commission; in a appealed cases, judgment or order

appealed from shall stand affirmed; and in all incidental

matters, the petition or motion shall be denied.

Section 8. Duty to certify to the President. — In

election protests, if the decision shall be that none of the

parties has been legally elected, the Commission shall

certify such decision to the President of the Philippines.

Section 9. Duty to Notify Other Agencies of the

Government. — As soon as a decision in an election

protest becomes final and executory, notices thereof shall

be

sent

to

the

President,

the

Secretary

of

Local

Government, the Chairman of the Commission on Audit,

and the Secretary of the Sangguniang Pampook in the

case

of

regional

officials,

the

Secretary

of

the

Sangguniang

Panlalawigan in the case of provincial

officials,

and

the

Secretary

of

the

Sangguniang

Panlungsod in the case of city officials.

Section 10. Finality of Decisions or Resolutions. —

Unless a motion for reconsideration is seasonably filed, a

decision or resolution of a Division shall become final and

executory after the lapse of five (5) days following its

promulgation.

© Compiled by RGL

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