Article 92p. 92

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 4. Notice. — Notice of a motion shall be

served by the movant to all parties concerned, at least

three (3) days before the hearing thereof, together with a

copy of the motion. For good cause shown, the motion

may be heard on shorter notice, especially on matters

which the Commission or the Division may dispose of on

its own motion.

The notice shall be directed to the parties concerned

and shall state the time and place of the hearing of the

motion.

Section 5. Proof of Service . — No motion shall be

acted upon by the Commission without proof of service

of notice thereof, except when the Commission or a

Division is satisfied that the rights of the adverse party or

parties are not affected.

Section 6. No oral Arguments for Motions . — No oral

argument shall be heard in support of motions unless, for

special reasons, the Commission or a Division directs

otherwise.

Section 7. Motion Day. — The first hours of the

session of the Commission en banc or of the division shall

be devoted to hearings of motions.

Section 8. Omnibus Motion. — A motion assailing a

pleading or a proceeding shall include all objections then

available, and all objections not so included shall be

deemed waived.

Rule 12 — Service and Filing of Pleadings and Other

Papers

Section 1. Filing with the Commission. — The Filing

of pleadings, appearances, motions, notices, and other

papers with the Commission as required by these rules

shall be made by filing them personally or through a duly

authorized representative with the appropriate Clerk of

Court of the Commission, or by registered mail except in a

special action to declare a candidate as a nuisance

candidate. If filed personally or by a duly authorized

representative, the Clerk of Court shall stamp on the

pleading the date and hour of filing. It filed by registered

mail, the date of the mailing of motions, pleadings, or

other papers or payments or deposits, as shown by the

post office stamp on the envelope or the registry receipt,

shall be considered as the date of their filing, payment or

deposit with the Commission. The envelope shall be

attached to the records of the case.

Section 2. Papers to be Filed and Served. — Orders

required to be served, pleadings subsequent to a petition

or protest, written motions other than those which may

be heard ex-parte, and written notices, appearances,

demand or offer of judgment or similar papers shall be

filed with the Commission and served upon the parties

affected thereby. If any of the parties has appeared by an

attorney or attorneys, service shall be made upon his

attorney or upon any of his attorneys, unless service upon

the party himself is ordered by the Commission or

Division. Where one attorney appears for several parties,

he shall be entitled to only one copy of any paper served

upon him by the opposite side.

Section 3. Mode, Completion and Proof of Service. —

Service

of

pleadings,

motions,

notices,

orders

or

judgment and other papers, the completeness thereof,

and proof of such service shall be made in the manner

prescribed by the Rules of Court of the Philippines.

Rule 13 — Prohibited Pleadings

Section 1. What Pleadings are not Allowed. — The

following pleadings are not allowed:

(a) motion to dismiss;

(b) motion for a bill of particulars;

(c) motion for extension of time to file memorandum

or brief;

(d) motion for reconsideration of an en banc ruling,

resolution, order or decision except in election offense

cases;

(e) motion for re-opening or re-hearing of a case;

(f) reply in special actions and in special cases; and

(g) supplemental pleadings in special actions and in

special cases.

PART IV DISPOSITION OF ACTIONS OR

PROCEEDINGS

Rule 14 — Summons

Section

1.

Clerk

to

Issue

Summons .

—

Unless

otherwise provided herein, the Clerk of Court of the

Commission or the division concerned shall issue the

corresponding summons to the protestee or respondent

within three (3) days following the filing of a protest or

petition in ordinary actions except appeals from decisions

of courts in election protest cases, in special actions,

special cases, special reliefs, and in special proceedings.

Section 2. Contents . — Summons shall be directed to

the protestee or respondent, signed by the Clerk of Court

of the Commission or the division concerned under the

seal of the Commission, and shall contain (a) the name of

the Commission or its Division and the names of the

parties; (b) a direction that the protestee or respondent

shall answer within the time fixed by these Rules.

A copy of the protest or petition shall be attached to

the original and to each copy of the summons.

Section 3. Issuance of Other Summons. — If a

summons is returned without being served on any of the

protestees or respondents, or if it has been lost, the Clerk

of Court concerned, on demand of the protestant or

petitioner, may issue another summons as the case may

require, in the same form as the original.

Section 4. By Whom Summons May be Served . —

The summons may be served by personal service or by

mail. Personal service may be made by a bailiff of the

Commission or the division or upon request of the

Commission or a Division, by the sheriff of any court in

the place where the parties to be served reside; or for

special reasons, by any person especially authorized by

the Commission or a Division.

Section 5. Return . — When the service has been

completed by personal service, the server shall give

notice thereof, by registered mail, to the protestant or

petitioner or his counsel and shall return the summons to

the Clerk of Court concerned who issued it, accompanied

with the proof of service.

Section 6. Proof of Service . — Proof of service of

summons shall be made in the manner provided for in

the Rules of Court in the Philippines.

Rule 15 — Pre-Trial

Section 1. Purpose of Pre-Trial. — At the discretion of

the Commission or the Division, the parties and their

attorneys may be required to appear before it for a

pre-trial conference to consider:

(a) The simplification of issues;

(b) The possibility of obtaining admission of facts and

of documents to avoid unnecessary proof;

(c) The limitation of the number of witnesses; and

(d) Such other matters as may be aid in the prompt

disposition of the action or proceeding.

This rule shall not apply to election protest cases filed

before the Commission on Elections. In such cases, the

parties shall submit, to form part of the record of the case,

a position paper which summarizes their legal positions.

© Compiled by RGL

92 of 92