Article 35p. 35

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

any

candidate

who

has

duly

filed

a

certificate

of

candidacy and has been voted for the same office, within

ten days after proclamation of the results of the election.

Section 252. Election contest for barangay offices.

— A sworn petition contesting the election of a barangay

officer

shall

be

filed

with

the

proper municipal or

metropolitan trial court by any candidate who has duly

filed a certificate of candidacy and has been voted for the

same office, within ten days after the proclamation of the

results of the election. The trial court shall decide the

election protest within fifteen days after the filing thereof.

The decision of the municipal or metropolitan trial court

may be appealed within ten days from receipt of a copy

thereof by the aggrieved party to the regional trial court

which shall decide the case within thirty days from its

submission, and whose decisions shall be final.

Section 253. Petition for quo warranto. — Any voter

contesting the election of any Member of the Batasang

Pambansa, regional, provincial, or city officer on the

ground of ineligibility or of disloyalty to the Republic of

the Philippines shall file a sworn petition for quo warranto

with

the

Commission

within

ten

days

after

the

proclamation of the results of the election.

Any voter contesting the election of any municipal or

barangay officer on the ground of ineligibility or of

disloyalty to the Republic of the Philippines shall file a

sworn petition for quo warranto with the regional trial

court

or

metropolitan

or

municipal

trial

court,

respectively, within ten days after the proclamation of the

results of the election.

Section 254. Procedure in election contests. — The

Commission

shall prescribe the rules to govern the

procedure and other matters relating to election contests

pertaining to all national, regional, provincial, and city

offices not later than thirty days before such elections.

Such

rules

shall

provide

a

simple

and

inexpensive

procedure for the expeditious disposition of election

contests

and

shall

be

published

in

at

least

two

newspapers of general circulation.

However, with respect to election contests involving

municipal and barangay offices the following rules of

procedure shall govern:

(a) Notice of the protest contesting the election of a

candidate for a municipal or barangay office shall be

served upon the candidate by means of a summons at

the postal address stated in his certificate of candidacy

except when the protestee, without waiting for the

summons, has made the court understand that he has

been notified of the protest or has filed his answer hereto;

(b) The protestee shall answer the protest within five

days after receipt of the summons, or, in case there has

been no summons from the date of his appearance and

in all cases before the commencement of the hearing of

the protest or contest. The answer shall deal only with the

election in the polling places which are covered by the

allegations of the contest;

(c) Should the protestee desire to impugn the votes

received by the protestant in other polling places, he shall

file a counter-protest within the same period fixed for the

answer serving a copy thereof upon the protestant by

registered mail or by personal delivery or through the

sheriff;

(d) The protestant shall answer the counter-protest

within five days after notice;

(e) Within the period of five days counted from the

filing of the protest any other candidate for the same

office may intervene in the case as other contestants and

ask for affirmative relief in his favor by a petition in

intervention,

which

shall

be

considered

as

another

contest, except that it shall be substantiated within the

same proceedings. The protestant or protestee shall

answer the protest in intervention within five days after

notice;

(f)

If

no

answer

shall

be

filed

to

the

contest,

counter-protest, or to the protest in intervention, within

the time limits respectively fixed, a general denial shall be

deemed to have been entered;

(g) In election contest proceedings, the permanent

registry list of voters shall be conclusive in regard to the

question as to who had the right to vote in said election.

Section 255. Judicial counting of votes in election

contest.

—

Where

allegations

in

a

protest

or

counter-protest so warrant, or whenever in the opinion of

the court the interests of justice so require, it shall

immediately order the book of voters, ballot boxes and

their keys, ballots and other documents used in the

election be brought before it and that the ballots be

examined and the votes recounted.

Section 256. Appeals. — Appeals from any decision

rendered by the regional trial court under Section

251 and paragraph two, Section 253 hereof with

respect

to

quo

warranto

petitions

filed

in

election

contests affecting municipal officers, the aggrieved party

may appeal to the Intermediate Appellate Court within

five days after receipt of a copy of the decision. No motion

for reconsideration shall be entertained by the court. The

appeal shall be decided within sixty days after the case

has been submitted for decision.

Section 257. Decision in the Commission. — The

Commission

shall

decide

all

election

cases brought

before it within ninety days from the date of their

submission for decision. The decision of the Commission

shall become final thirty days after receipt of judgment.

Section 258. Preferential disposition of contests in

courts. — The courts, in their respective cases, shall give

preference to election contests over all other cases,

except those of habeas corpus, and shall without delay,

hear and, within thirty days from the date of their

submission for decision, but in every case within six

months after filing, decide the same.

Section 259. Actual or compensatory damages. —

Actual or compensatory damages may be granted in all

election contests or in quo warranto proceedings in

accordance with law.

Section 260. Notice of decisions. — The clerk of court

and the corresponding official in the Commission before

whom an election contest or a quo warranto proceeding

has been instituted or where the appeal of said case has

been taken shall notify immediately the President of the

Philippines of the final disposition thereof. In election

contests involving provincial, city, municipal, or barangay

offices, notice of such final disposition shall also be sent

to the secretary of the local sanggunian concerned. If the

decision be that none of the parties has been legally

elected, said official shall certify such decision to the

President of the Philippines and, in appropriate cases, to

the Commission.

ARTICLE XXII ELECTION OFFENSES

Section 261. Prohibited Acts. — The following shall be

guilty of an election offense:

(a) Vote-buying and vote-selling. -

(1) Any person who gives, offers or promises money or

anything

of

value,

gives

or

promises

any

office

or

employment, franchise or grant, public or private, or

makes or offers to make an expenditure, directly or

indirectly, or cause an expenditure to be made to any

person, association, corporation, entity, or community in

order to induce anyone or the public in general to vote for

or against any candidate or withhold his vote in the

election, or to vote for or against any aspirant for the

nomination or choice of a candidate in a convention or

similar selection process of a political party.

(2) Any person, association, corporation, group or

community who solicits or receives, directly or indirectly,

any expenditure or promise of any office or employment,

public or private, for any of the foregoing considerations.

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