Article 93p. 93

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Rule 16 — Subpoena

Section 1. Subpoena Ad Testificandum or Subpoena

Duces

Tecum .

—

Subpoena

ad

testificandum

or

subpoena

duces

tecum

may

be

issued

by

the

Commission or the Division motu propio, or upon request

of the parties in any case.

Section 2. By Whom Issued. — The subpoena shall

be heard by the Chairman of the Commission in cases

heard en banc, or by the Presiding Commissioner of the

Division concerned.

Section 3. Form and Contents. — A subpoena shall

be signed by the Clerk of Court concerned. It shall state

the name of the Commission or the Division issuing it

and the title of the action; it shall be directed to the

person whose attendance is required, and in the case of a

subpoena duces tecum, it shall also contain a reasonable

description of the books, documents or things demanded

which may appear prima facie relevant.

Section 4. Authority of Officials of the Commission

to

Issue

Subpoena .

—

Officials of the Commission

authorized under these Rules to hear cases and receive

evidence or conduct preliminary investigation shall have

the authority to issue subpoena in connection with such

cases.

Rule 17 — Hearings

Section 1. Notice of Hearing. — After the issues have

been joined, the case shall be set for hearing and the

parties, thru counsel, shall be served, personally or by

registered mail, giving sufficient time for the notice

thereof to be received by the parties not less than three

(3)

days

before

the

date

set.

Whenever

necessary,

telegraphic notices shall be sent simultaneously with the

formal notice of hearing.

Section

2.

Order

of

Hearing .

—

Unless

the

Commission or the Division, as the case may be, for

special reasons, directs otherwise, the order of hearing

shall be as follows:

(a) The petitioner or protestant shall present evidence

on his part;

(b) The protestant-in-intervention, if any, shall present

evidence on his part;

(c) The respondent or protestee shall then offer

evidence in support of his defense or counter-protest, if

any;

(d) The parties may then respectively offer rebutting

evidence only, unless the Commission or the Division, as

the case may be, for good reasons, in the furtherance of

justice, permits them to offer evidence upon their original

case;

(e) When the evidence is concluded, unless the

parties agree to submit the case without arguments, the

parties or their counsel may be allowed to argue, subject

to such limitation of time as the Commission or the

Division may prescribe;

(f) In lieu of oral arguments, the parties may be

allowed to submit their respective memoranda within a

period of three (3) days.

Section 3. Oral Testimony Dispensed with Where

Proceedings are Summary. — When the proceedings are

authorized to be summary, in lieu of oral testimonies, the

parties may, after due notice, be required to submit their

position paper together with affidavits, counter-affidavits

and other documentary evidence; and when there is a

need for clarification of certain matters, at the discretion

of the Commission or the Division, the parties may be

allowed to cross-examine the affiants.

This provision shall likewise apply to cases where the

hearing and reception of evidence are delegated by the

Commission or the Division to any of its officials; and

when there is a need for clarification of certain matters,

the hearing officer may schedule a hearing to propound

clarificatory questions, observing for that purpose Section

6 of Rule 34 of these Rules.

Section

4.

Period

to

Terminate

Hearing When

Delegated. — The hearing and reception of evidence,

when delegated by the Commission or a Division to any

of its officials, shall be completed within three (3) days.

The official concerned shall submit his findings, report

and recommendation to the Commission or the Division

within three (3) days from such completion.

Section 5. Agreement on Facts. — The parties to any

action may agree in writing on the facts involved in the

case.

Rule 18 — Decisions

Section 1. Procedure in Making Decisions. — The

conclusions of the Commission in any case submitted to

it for decision en banc or in Division shall be reached in

consultation before the case is assigned by raffle to a

Member for the writing of the opinion of the Commission

or the Division and a certification to this effect signed by

the Chairman or the Presiding Commissioner, as the case

may

be,

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.

Section

2.

Minute

Resolution .

—

No

minute

resolution resolving a case shall be rendered if evidence

has been adduced and received.

Section 3. 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 4. Period to Appeal or File Motion for

Reconsideration When Extended Opinion is Reserved.

— If an extended opinion is reserved in a decision or

resolution, 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 5. Promulgation . — The promulgation of a

decision or resolution of the Commission or a Division

shall be made on a date previously fixed, of which notice

shall be served in advance upon the parties or their

attorneys personally or by registered mail or by telegram.

Section 6. 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 reheard, and if on rehearing no decision is

reached, the action or proceeding shall be dismissed if

originally commenced in the Commission; in appealed

cases, the judgment or order appealed from shall stand

affirmed; and in all incidental matters, the petition or

motion shall be denied.

Section 7. Period to Decide by the Commission En

Banc. — Any case or matter submitted to or heard by the

Commission en banc shall be decided within thirty (30)

days from the date it is seemed submitted for decision or

resolution, except a motion for reconsideration of a

decision or resolution of a Division in Special Actions and

Special Cases which 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. Period to Decide by a Division. — Any

case or matter heard by a Division shall be decided within

ten (10) days from the date it is deemed submitted for

decision or resolution, except in Special Actions and

Special Cases which shall be decided or resolved within

five (5) days from the date they are deemed submitted

for decision or resolution, unless otherwise provided by

law

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