Article 94p. 94

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 9. When Deemed Submitted for Decision . —

(a) A case or matter is deemed submitted for decision or

resolution upon the filing of the last pleading, brief or

memorandum as required in these Rules or by the

Commission en banc or by a Division.

(b) However, if the hearing and reception of evidence

are delegated to any of its officials, the case or matter

shall be deemed submitted for decision as of the date of

the receipt of the findings, report and recommendation

of the official so delegated.

Section 10. Duty to Certify to the President. — In

election protests and quo warranto cases, if the decision

shall be that none of the parties has been legally elected,

the

Commission

shall

certify

such

decision

to

the

President of the Philippines.

Section 11. Duty to Notify Other Agencies of the

Government . — (a) As soon as a decision in an election

protest within the original jurisdiction of the Commission

or in a quo warranto case becomes final and executory,

notices

thereof

shall

be

sent

to the President, the

Secretary of Local Government, the Chairman of the

Commission

on

Audit,

and

the

Secretary

of

the

Sangguniang Pampook in the case of regional officials,

the Secretary of the Sangguniang Panlalawigan in the

case of provincial officials, and the Secretary of the

Sangguniang Panlungsod in the case of city officials.

(b) As soon as a decision or resolution in an appealed

election

case

becomes

final

and

executory,

notices

thereof shall be sent to the President, the Secretary of

Local Government, the Chairman of the Commission on

Audit, and the Secretary of the Sangguniang Bayan in the

case of municipal officials and the Secretary of the

Sangguniang Barangay in the case of barangay officials.

Section 12. Dissemination of Decision in a Petition

to Deny Due Course to or Cancel a Certificate of

Candidacy or to Declare a Candidate as a Nuisance

Candidate . — The Commission shall, within twenty-four

(24)

hours

from

the

promulgation of a decision in

petitions to deny due course to or cancel a certificate of

candidacy, declare a candidate a nuisance candidate or

disqualify a candidate, disseminate its decision, or the

decision

of the Supreme Court if the Commission's

decision is brought by the aggrieved party to said Court,

to the election registrars concerned, boards of election

inspectors,

and

the

general

public

in

the

political

subdivision

concerned

through

the

fastest

means

available.

Section 13. Finality of Decisions or Resolutions. — (a)

In

ordinary

actions,

special

proceedings,

provisional

remedies and special reliefs a decision or resolution of the

Commission en banc shall become final and executory

after thirty (30) days from its promulgation.

(b) In Special Actions and Special Cases a decision or

resolutions of the Commission en banc shall become final

and executory after five (5) days from its promulgation

unless restrained by the Supreme Court.

(c) Unless a motion for reconsideration is seasonably

filed, a decision or resolution of a Division shall become

final and executory after the lapse of five (5) days in

Special actions and Special cases and after fifteen (15)

days in all other actions or proceedings, following its

promulgation.

Rule 19 — Motions 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, order or ruling is

contrary to law.

Section

2.

Period

for

Filing

Motions

for

Reconsideration. — A motion to reconsider a decision,

resolution, order, or ruling of a Division shall be filed

within five (5) days from the promulgation thereof. Such

motion,

if not proforma, 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 Appeal . — A motion to reconsider a decision,

resolution, order or ruling 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

Clerk of Court 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 Clerk of Court of Commission to

Calendar Motion for Resolution. — The Clerk of Court

concerned shall calendar the motion for reconsideration

for the resolution of the Commission en banc within ten

(10) days from the certification thereof.

PART V PARTICULAR ACTIONS OR

PROCEEDINGS

A. ORDINARY ACTIONS

Rule 20 — Election Protests

Section 1. Filing of Election Protest . — A verified

petition contesting the election of any regional, provincial

or city official shall be filed by any candidate who duly

filed a certificate of candidacy and has been voted for the

same office, within ten (10) days after the proclamation of

the results of the election.

Each contest shall refer exclusively to one office, but

contests

for

offices

of

the

Sangguniang

Pampook,

Sangguniang Panlalawigan or Sangguniang Panlungsod

may be consolidated in a single case.

Section 2. Contents of Answer. — The answer must

specify the nature of the defense and may set forth

special and affirmative defenses.

Section 3. Counter-Protest or Counterclaim. — The

protestee

may

incorporate

in

his

answer

a

counter-protest or a counterclaim.

Section 4. General Denial. — If no answer is filed to

the protest or counter-protest, a general denial shall be

deemed to have been entered.

Section 5. Protestant's Reply . — The protestant may

file a reply.

Section

6.

Revision

of

Ballots .

—

When

the

allegations in a protest or counter-protest so warrant, or

whenever in the opinion of the Commission or Division

the interest of justice so demands, it shall immediately

order the ballot boxes containing ballots and their keys,

list of voters with voting records, book of voters, and other

documents used in the election to be brought before the

Commission, and shall order the revision of the ballots.

Section

7.

Composition

and

Compensation

of

Revision Committee. — For the above purpose, the

Commission may constitute a committee on the revision

of ballots which shall be composed of the following with

the

corresponding

compensation

per

ballot

box

contested:

1.

A

Chairman,

who

shall

be

a

lawyer

of

the

Commission — P150.00

© Compiled by RGL

94 of 94