Article 120p. 120

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Rule 19 (20a) Motion for Reconsideration

Section 1. Grounds of Motion for Reconsideration. —

A motion for reconsideration may be filed on the grounds

that the evidence is insufficient to justify the decision,

order or ruling; or that the said decision, is contrary to law.

Section

2.

Period

for

Filing

Motion

for

Reconsideration. — A motion to reconsider a decision

shall be filed within five (5) days from the promulgation

thereof. Such motion, if not pro forma, suspends the

execution or implementation, of the decision, resolution,

order or ruling.

Section

3.

Form

and

Contents

of

Motion

for

Reconsideration. — The motion shall be verified and shall

point out specifically the findings or conclusions of the

decision,

resolution,

order

or

ruling

which

are

not

supported by the evidence or which are contrary to law,

making

express

reference

to

the

testimonial

or

documentary evidence or the provisions of law alleged to

be contrary to such findings or conclusions.

Section 4. Effect of Motion for Reconsideration on

Period to File Petition for Certiorari to the Supreme

Court. — A motion to reconsider a decision, resolution,

when not pro-forma, suspends the running of the period

to elevate the matter to the Supreme Court.

Section

5.

How

motion

for

Reconsideration

Disposed of. — Upon the filing of a motion to reconsider

a decision, resolution, order or ruling of a Division, the

ECAD Clerk concerned shall, within twenty-four (24) hours

from

the

filing

thereof,

notify

the

Presiding

Commissioner.

The

latter

shall

within

two

(2)

days

thereafter certify the case to the Commission en banc.

Section

6.

Duty

of ECAD Director to Calendar

Motion for Resolution. — The EACD Director concerned

shall calendar the motion for reconsideration for the

resolution of the Commission en banc within ten days

from the certification thereof.

Section 7. Period to Decide by the Commission En

Banc. — The motion for reconsideration shall be decided

within fifteen (15) days from the date the case or matter is

deemed

submitted

for

decision,

unless

otherwise

provided by law.

Section 8. Finality of Decision . — The decision of the

Commission shall become final and executory five days

after its promulgation and receipt of notice by the parties.

PART IV MISCELLANEOUS MATTERS

Rule 20 (21a) Electronic Evidence

Section 1. Original of an electronic document or

data. — An electronic document or data shall regarded

as the equivalent of an original document under the Best

Evidence Rule if it is a printout or output readable by site

or other means, shown to reflect the data accurately.

Section 2. Copies as equivalent of the originals. —

When a document is in two more copies executed at or

about the same time with identical contents, or is a

counterpart produced by the same impression as the

original, or from the same matrix, or by mechanical or

electronic re-recording, or by chemical reproduction, or

by

other

equivalent

techniques

which

is

accurately

reproduces the original, such copies or duplicates shall be

regarded as the equivalent of the original.

Notwithstanding the foregoing, copies or duplicates

shall not be admissible to the same extent as the original

if:

a) A genuine is raised as to the authenticity of the

original; or

b)

In

the

circumstances

it

would

be

unjust or

inequitable to admit a copy in lieu of the original.

Section

3.

Affidavit

of evidence. — All matters

relating to the admissibility and evidentiary weight of an

electronic document may be established by an affidavit

stating facts of direct personnel knowledge of the affiant

or

based

on

authentic

records.

The

affidavit

must

affirmatively show the competence of the affiant to

testify on the matters contained therein. The affiant shall

be made to affirm the contents of the affidavit in open

session and may be cross-examined as a matter of right

by the adverse party.

Section 4. transmittal of Decision and Orders. — The

Clerk of the Commission shall transmit the Commission

decision and orders through the fastest means available

and through the official fax line to the BOC, and other

concerned

parties,

which shall verify the same and

comply with the decision or order.

Rule 21 (22a) Authentication of Electronic Documents and

Data

Section 1. Burden of proving authenticity. — The

person seeking to introduce an electronic document in

an

election

protest

has

the

burden

of

proving

its

authenticity.

Section 2. Manner of Authentication. — Before any

electronic document or data offered as authentic is

received in evidence, its authenticity must be proved by

any of the following means:

a) By evidence that it had been digitally assigned by

the person purported to have signed the same.

b)

By

evidence

that

other

appropriate

security

procedures or devices for authentication of electronic

documents were applied to the document; or

c)

By

other

evidence

showing

its

integrity

and

reliability to the satisfaction of the judge.

Rule 22 (23a) Costs damage and Attorney's Fees

Section 1. Costs; when allowed. — Costs shall be

allowed to the prevailing party as a matter of course. The

Commission shall have the power for special reasons, to

apportion

the

costs,

as

may

be

equitable.

The

Commission may render judgment for costs if a protest,

or a counter protect is found to be frivolous, double or

treble costs may be imposed on the Protestant or the

counter-Protestant.

Section 2. Damage and attorney's fees. — In all

election

contests,

the

Commission

may

adjudicate

damages and attorney's fees, as it may deem just and as

established by the evidence, if the aggrieved party has

included such claims in the pleadings.

Rule 23 (24a) Amendatory, Repealing and Effectivity

Clause

Section 1. Amendment Clause. "The Commission

may at any time amend any provision of these rules."

Section 2. Repealing Clause. "Resolution No. 9104

and all other rules and resolutions of the Commission or

parts thereof that are inconsistent with any provision of

these rules are hereby deemed repealed, amended or

modified accordingly."

Section 3. Effectivity. "These Rules shall be published

in two (2) newspaper of general circulation and shall take

effect on the seventh (7th) day following its publication."

Section 4. Dissemination. — Let copies of these Rules

on the Recount Proceedings be furnished to all parties of

election protest cases pending before this Commission

and their respective counsels, the Presidential Electoral

Tribunal (PET), Senate Electoral Tribunal (SET), the House

of

Representative Electoral Tribunal (HRET), and the

Regular Courts, through the Court Administrator.

(as amended by COMELEC Resolution No. 9164)

Approved

this

22nd

day of March, 2010, Manila,

Philippines

© Compiled by RGL

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