Article 20p. 20

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(12) Has the debtor any subsidiary corporation? If so,

give particulars?

(13) Has the debtor properly maintained its books and

are they updated?

(14) Were the books audited annually?

(15) If so, what is the name of the auditor and when was

the last audited statement drawn up?

(16) Have all proper returns been made to the various

government agencies requiring same?

(17) When did the debtor first become aware of its

problems?

(18) Has the debtor within the twelve months preceding

the filing of the petition:

(a)

made

any

payments,

returned

any

goods

or

delivered any property to any of its creditors, except in

the normal course of business?

(b) executed any mortgage, pledge, or security over any

of its properties in favor of any creditor?

(c) transferred or disposed of any of its properties in

payment of any debt?

(d) sold, disposed of, or removed any of its property

except in the ordinary course of business?

(e) sold any merchandise at less than fair market value

or purchased merchandise or services at more than fair

market value?

(f) made or been a party to any settlement of property

in favor of any person?

If, so, give particulars.

(19) Has the debtor recorded all sales or dispositions of

assets?

(20) What were the sales for the last three years and

what percentage of the sales represented the profit or

markup?

(21) What were the profits or losses for the debtor for

the last three years?

(22) What are the causes of the problems of the debtor?

Please provide particulars?

(23) When did you first notice these problems and what

actions did the debtor take to rectify them?

(24)

How

much

do

you

estimate

is

needed

to

rehabilitate the debtor?

(25) Has any person expressed interest in investing new

money into the debtor?

(26) Are there any pending and threatened legal actions

against the debtor? If so, please provide particulars.

(27) Has the debtor discussed any restructuring or

repayment plan with any of the creditors? Please

provide status and details.

(28) Has any creditor expressed interest in restructuring

the debts of the debtor? If so, please give particulars.

(29) Have employees' wages and salaries been kept

current? If not, how much are in arrears and what time

period do the arrears represent?

(30)

Have

obligation

to

the

government

and

its

agencies been kept current? If not, how much are in

arrears and what time period do the arrears represent?

A.M. No. 10-4-1-SC | 2010 RULES OF

PROCEDURE FOR MUNICIPAL ELECTION

CONTESTS

RULE I SCOPE

Section 1. Title and coverage. – These Rules shall be

known and cited as The 2010 Rules of Procedure for

Municipal Election Contests.

These Rules shall apply to election contests under the

Automated Election System using the Precinct Count

Optical Scan, and shall govern the filing of pleadings,

practice and procedure in these contests.

Section 2. Application of the Rules of Court. – The Rules

of Court shall apply to aspects of pleadings, practice

and procedure in election contests not specifically

provided for in these Rules.

Section 3. Explanation of terms. – For purposes of and

as used in these Rules:

(a) Courts – refers to the Regional Trial Court;

(b)

Election

–

means

the

choice

or

selection

of

candidates for public office by popular vote through

the use of the ballot. Specifically, it covers the conduct

of the polls, including the listing of voters, the holding

of the electoral campaign, the casting and counting of

ballots, the consolidation and transmission of results,

and the canvassing of the returns;

(c) Automated Election System or AES – refers to an

election system using the technology designated by

the Commission on Elections (COMELEC) for voting,

counting, consolidating, canvassing, transmission of

election results, and the returns;

(d) Precinct Count Optical Scan or PCOS – refers to the

machine as well as the technology using an optical

ballot scanner, located in every precinct, that scans or

reads paper ballots that voters mark by hand and insert

into the scanner to be counted;

(e) Official ballot – refers to the paper ballot, capable of

being optically scanned, with the pre-printed names of

all candidates and with ovals corresponding to each of

the printed names. The ovals are the spaces where

voters express their choice through marking or shading

using a COMELEC-provided marking pen.

(f) Picture Image of the Ballot – refers to the image of

the ballot captured by the PCOS machine at the time

the voter feeds his/her ballot, which image is later

stored in a memory or removable data storage device

attached to the PCOS machines.

(g) Election Return – refers to the document showing

the date of the election, the province, city, municipality

and the precinct where voting is held, and the number

of votes in figures for each candidate in a precinct or in

clustered precincts.

(h) Electronic Election Return – refers to the copy of the

election return in electronic form, generated by the

PCOS machine, that is electronically transmitted to: (1)

the

Municipal Board of Canvassers for the official

canvass; (2) the COMELEC Back-Up Server; (3) the server

for the dominant majority party; (4) the server for

dominant minority party; (5) server for the citizen’s arm

authorized by the COMELEC to conduct a parallel

count; and (6) the Kapisanan ng mga Broadcaster sa

Pilipinas or KBP.

(i) Printed Election Return – refers to the copy of the

election return printed by the PCOS machine on paper,

and

authenticated

by

the

manual signatures and

thumbmarks of the Board of Election Inspectors (BEI)

members.

(j)

Electronic

transmission

–

refers

to

the

act

of

conveying data in electronic form from one location to

another.

(k) Canvass proceedings – refers to the proceedings

that

involve

the

consolidation of precinct election

results at the municipal level. The term also includes

the formal proclamation of the election winners at the

municipal level.

© Compiled By RGL

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