Article 95p. 95

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

2. One Revisor/Alternate for the Protestant — P100.00

3. One Revisor/Alternate for the Protestee — P100.00

Other Support Staff:

4. Clerk — P50.00

5. Typist — P50.00

6. Ballot Box Custodian — P50.00

Section 8. Revision Expenses. — The compensation

of the members and staff shall be deducted from the

cash deposit of the protestant or the protestee as the

case may be, and other incidental expenses such as

supplies

and

transportation

in

the

supplies

and

transportation in the gathering of the protested ballot

boxes.

Section 9. Venue of the Revision. — The revision of

ballots shall be made in the Office of the Clerk of Court

concerned or at such places as the Commission or

Division shall designate and shall be completed within

three (3) months from the date of the order; unless

otherwise directed by the Commission.

Section

10.

Custody

of

Election

Records

and

Paraphernalia . — The ballot boxes containing ballots and

their keys, the list of voters with the voting records, book

of voters, and other documents used in the election, shall

be kept and held secure in a place to be designated by

the Commission, in the care and custody of the ballot box

custodian

of

the

Electoral

Contests

Adjudication

Department and under the authority of the Chairman.

Section 11. Report of Committee on Revision. — The

committee on revision of ballots shall make a statement

of the condition in which the ballot boxes and their

contents were found upon the opening of the same, and

shall classify the ballots so examined and set forth clearly

any objection that may have been offered to each ballot

in the report to be submitted by them. Disputed ballots

shall

be

numbered

consecutively

for

purposes

of

identification in the presence and under the direction of

the committee chairman. After examination, the ballots

and other election documents shall be returned to their

respective boxes under lock but disputed ballots shall be

placed in a separate envelope duly sealed and signed by

the members of the committee and then returned to the

box. For purposes of making said report, which shall be

submitted

in

twelve

(12)

legible

copies,

only

the

prescribed form prepared by the Commission shall be

used.

Section 12. Prohibited Access. — During the revision

of ballots, no person other than the Members of the

Commission, members of the committee on revision of

ballots, the Clerk of Court concerned or the latter's

authorized representatives and the parties, their attorney

or their duly authorized representatives shall have access

to the place where said revision is taking place.

Section 13. Book of Voters as Evidence . — In election

contests, the book of voters shall be conclusive in regard

to the question as to who has the right to vote in said

election.

Rule 21 — Quo warranto

Section 1. Petition for Quo Warranto. — Any voter

contesting the election of any regional, provincial or city

official on the ground of ineligibility or of disloyalty to the

Republic of the Philippines may file a petition for quo

warranto

with

the

Electoral

Contests

Adjudication

Department.

Section 2. Period Within Which to File. — A petition

for quo warranto may be filed within ten (10) days from

the date the respondent is proclaimed.

Rule 22 — Appeals from Decisions of Courts in Election

Protest Cases

Section 1. Caption and Title of Appealed Cases. — In

all election contests involving the elections, returns, and

qualifications of municipal or barangay officials, the party

interposing the appeal shall be called the "Appellant" and

the adverse party the "Appellee", but the title of the case

shall remain as it was in the court of origin.

Section 2. Attorneys. — The attorneys of the parties in

the

courts

shall

be

considered

as

their

respective

attorneys

in

the

Commission,

unless

otherwise

manifested.

Section 3. Notice of Appeal . — Within five (5) days

after promulgation of the decision of the court, the

aggrieved party may file with said court a notice of

appeal, and serve a copy thereof upon the attorney of

record of the adverse party.

Section 4. Immediate Transmittal of Records of the

Case . — The Clerk of the court concerned shall, within

fifteen (15) days from the filing of the notice of appeal,

transmit

to

the

Electoral

Contests

Adjudication

Department the complete records of the case, together

with all the evidence, including the original and three (3)

copies of the transcript of stenographic notes of the

proceedings.

Section 5. Filing of Briefs . — The Clerk of Court

concerned, upon receipt of the complete records of the

case, shall notify the appellant or his counsel to file with

the Electoral Contests Adjudication Department within

thirty (30) days from receipt of such notice, ten (10) legible

copies of his brief with proof of service thereof upon the

appellee.

Within thirty (30) days from receipt of the brief of the

appellant, the appellee shall file ten (10) legible copies of

his brief with proof of service thereof upon the appellant.

Section 6. Contents of Brief. — The brief shall have

the same contents as those provided under Sections 16

and 17, Rule 46 of the Rules of Court. A copy of the

decision appealed from shall be attached as an appendix

to the appellant's brief.

Section 7. Reply Brief. — The appellant may file a

reply

brief

within

twenty

(20) days from receipt of

appellee's brief.

Section

8.

When

Case

May

Be

Set

for

Oral

Argument. — Upon the filing of appellant's reply brief, or

after the expiration of the time for its filing, the case shall

be deemed submitted for decision, unless within fifteen

(15) days therefrom, any party asks, and for special reason,

is thereafter granted permission for oral argument, or

unless the Commission motu proprio requires it. Oral

arguments shall be confined to such points as the

Commission may specify in an order setting the date

therefor. The Commission may admit memoranda in lieu

of oral argument.

Section 9. Grounds for Dismissal of Appeal. — The

appeal may be dismissed upon motion of either party or

at the instance of the Commission on any of the following

grounds:

(a) Failure of the appellant to pay the correct appeal

fee;

(b) Failure of the appellant to file copies of his brief

within the time provided by these rules;

(c) Want of specific assignment of errors in the

appellant's brief; and

(d)

Failure

to

file

notice

of

appeal

within

the

prescribed period.

Section 10. Withdrawal of Appeal. — An appeal may

be withdrawn as a matter of right at any time before the

filing of appellee's brief. After the filing of the appellee's

brief, the withdrawal may be allowed at the discretion of

the Commission.

© Compiled by RGL

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