Article 91p. 91

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

or typewritten on legal size bond paper and shall be in

English or Filipino.

(b) Protests or petitions in ordinary actions, special

actions, special cases, special reliefs, provisional remedies,

and special proceedings, as well as counter-protests,

counter-petitions,

interventions,

motions

for

reconsideration, and appeals from rulings of board of

canvassers shall be verified. All answers shall be verified.

(c) A pleading shall be verified only by an affidavit

stating that the person verifying the same has read the

pleading and that the allegations therein are true of his

own knowledge. Verifications based on "information or

belief" or upon "knowledge", "information" or "belief" shall

be deemed insufficient.

(d) Each pleading shall contain a captain setting forth

the name of the Commission, the title of the case, the

docket number and the designation of the pleading.

When an action or proceeding has been assigned to a

Division, the caption shall set forth the name of the

Division.

Section 4. Docket and Assignment of Numbers. —

Upon the Filing of a protest or petition, the Clerk of Court

of the Commission concerned shall docket the same and

assign to it a docket number. The numbering must be

consecutive according to the date it is filed, must bear

the year, and prefixed as follows:

(a) EPC — for Ordinary Actions

(b) EAC — for Appealed Cases

(c) SPA — for Special Actions

(d) SPC — for Special Cases

(e) SPR — for Special Reliefs

(f) SPP — for Special Proceedings

(g) EO — for Election Offenses

Section

5.

Non-acceptance

of

Pleading .

—

No

pleading shall be accepted by the Commission unless it

conforms to the formal requirement provided herein.

Rule 8 — Intervention

Section 1. When Proper and Who may be Permitted

to Intervene. — Any person allowed to initiate an action

or proceeding may, before or during the trial of an action

or proceeding, be permitted by the Commission, in its

discretion, to intervene in such action or proceeding, if he

has legal interest in the matter in litigation, or in the

success of either of the parties, or an interest against

both, or when he is so situated as to be adversely affected

by such action or proceeding.

Section 2. Motion for Intervention . — A person

desiring to intervene shall file a motion for leave of the

Commission or the Division with notice upon all the

parties to the action.

Section 3. Discretion of Commission. — In allowing

or disallowing a motion for intervention, the Commission

or the Division, in the exercise of its discretion, shall

consider whether or not the intervention will unduly

delay or prejudice and adjudication of the rights of the

original parties and whether or not the intervenor's rights

may be fully protected in a separate action or proceeding.

Section

4.

Protest/Petition

or

Answer

in

Intervention .

—

The

intervention shall be made by

protest or petition filed and served in due form, and may

be answered as if it were an original protest or petition;

but

where

intervenor

unites

with

the

protestee

or

respondent

in

resisting

the

claims

of protestant or

petitioner, the intervention may be made in the form of

an answer to the protest or petition.

Rule 9 — Amended and Supplemental Pleadings

Section 1. When Amendments Allowed as a Matter

of Right. — A party may amend his pleadings once as a

matter of course at any time before a responsive pleading

is served, or, if the pleading is one to which no responsive

pleading is permitted and the action has not been placed

upon the trial calendar, he may so amend it at any time

within five days after it is served.

Section 2. Amendments Only by Leave. — After the

case is set for hearing, substantial amendments may be

made only upon leave of the Commission or the Division,

as the case may be. Such leave may be refused if it

appears to the Commission or the Division that the

motion was made with intent to delay the action or that

the cause of action or defense is substantially altered.

Orders of the Commission or the Division upon the

matters provided in this section shall be made upon

motion duly filed, and after the adverse the party has

been notified and afforded an opportunity to be heard.

Section

3.

Matters

Subject

of

Supplemental

Pleadings . — Upon motion of a party the Commission or

a Division, as the case may be, may, upon notice and

upon such terms as are just, permit him to serve a

supplemental

pleading

setting

forth

transactions,

occurrences or events which have happened since the

date of the pleading sought to be supplemented. If the

Commission or the Division deems it advisable that the

adverse party should plead thereto, it shall so order,

specifying the time therefor.

Rule 10 — Periods for Pleading

Section

1.

Title

to

Answer.

— Unless otherwise

provided in these Rules, (a) In ordinary actions, special

reliefs, and special proceedings, the answer must be filed

within five (5) days from service of summons and a copy

of the petition; and

(b) In special actions and special cases, the answer

must be filed within three (3) days from service of

summon and a copy of the petition.

Section 2. Answer to Amended Protest or Petition.

— If the protest or petition is amended, the time fixed for

the

filing

and

service

of

the

answer

shall,

unless

otherwise ordered, run from receipt of the notice of the

order admitting the amended protest or petition or from

service of such amended protest or petition. An answer

filed before the amendment shall stand as an answer to

the amended protest or petition, unless a new one is filed

within five (5) days from notice or service as herein

provided.

Section

3.

Answer

to

Counter-Protest

or

Counterclaim . — A counter-protest, or a counterclaim

when appropriate, must be filed within five (5) days from

the

date

of service thereof upon the protestant or

petitioner.

Section 4. Period of Intervene and Time to Answer

Intervention. — Whenever intervention is allowed the

same must be filed within five (5) days from receipt of the

order

permitting

the intervention, unless a different

period is fixed by the Commission or Division.

Section 5. Reply . — Unless otherwise provided in

these Rules, a reply may be filed within five (5) days from

receipt of the answer.

Section 6. Extension of Time to Plead. — Unless

otherwise provided in these Rules, the time to plead may

be extended by the Commission upon motion and on

such terms as it may deem just.

Rule 11 — Motions

Section 1. Motions Defined. — Every applications for

an order not included in a decision of the Commission or

a Division may be called a motion.

Section 2. Motions Must be in Writing. — All motions

shall be in writing, except motions for continuance made

in the presence of the adverse party, or those made in the

course of a hearing or trial.

Section 3. Contents of Motions. — A motion shall

state the order sought to be obtained and the grounds

upon which it is based.

© Compiled by RGL

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