Article 22p. 22

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

or upon "knowledge, information and belief" is not

sufficient.

The protestant or petitioner shall sign personally the

certificate of non-forum shopping, which must be

annexed to the election protest or petition for quo

warranto.

An unverified or insufficiently verified petition or one

that lacks a certificate of non-forum shopping shall be

dismissed outright and shall not suspend the running

of the required period for the filing of an election

protest or petition for quo warranto.

Section

7.

Period

to

file

protest

or

petition;

non-extendible. – The election protest or petition for

quo warranto shall be filed within a non-extendible

period of ten (10) days counted from the date of

proclamation.

Section 8. Pendency of pre-proclamation controversy. –

The

pendency

of

a

pre-proclamation

controversy,

involving the validity of the proclamation as defined by

law, shall suspend the running of the period for the

filing of an election protest or petition for quo warranto.

Section

9.

COMELEC

judgment in disqualification

case. – The decision of the COMELEC, either en banc or

in division, in a disqualification case shall not be a bar to

the filing of a petition for quo warranto based on the

same ground, except when the Supreme Court has

affirmed the COMELEC decision.

Section 10. Contests of the protest or petition. – (a) An

election protest or petition for quo warranto shall

commonly and specifically state the following facts:

(i) the position involved;

(ii) the date of proclamation; and

(iii) the number of votes credited to the parties per the

proclamation.

(b) A quo warranto petition shall also state:

(i) if the petitioner is not a candidate for the same

municipal

position,

the

facts giving the petitioner

standing to file the petition;

(ii) the qualifications for the municipal office and the

disqualifications prescribed by law;

(iii) the petitioner’s cited ground for ineligibility or the

specific

acts

of

disloyalty

to

the

Republic of the

Philippines.

(c) An election protest shall also state:

(i) that the protestant was a candidate who had duly

filed a certificate of candidacy and had been voted for

the same office;

(ii) the total number of precincts in the municipality;

(iii) the protested precincts and votes of the parties are

not specified, an explanation why the votes are not

specified; and

(iv) a detailed specification of the acts or omissions

complained of showing the electoral frauds, anomalies

or irregularities in the protested precincts.

Section 11. Raffle of cases. – The Supreme Court shall

designate the Regional Trial Court within a judicial

region that shall take cognizance of election protests

and petitions for quo warranto. A raffle conducted by

the executive judge shall determine the assignment of

cases to these courts except in single-sala courts or

courts specifically designated by the Supreme Court.

No court shall assume jurisdiction over an election

contest unless the case has been properly assigned to it

as provided herein.

At least twenty-four (24) hours before the raffle, the

clerk of court must serve personal notice to the parties,

stating the date and time of the raffle. Proof of service

to the parties shall be submitted to the court, and the

raffle shall be open to the public. The Supreme Court

shall issue the necessary circular implementing this

proviso.

The Court may order a change of venue or place or trial

for compelling reasons to avoid a miscarriage of justice.

Section 12. Summary dismissal of election contests. –

The court shall summarily dismiss, motu proprio , an

election protest, counter-protest or petition for quo

warranto on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;

(b) The petition is insufficient in form and content as

required under Section 10;

(c) The petition is filed beyond the period prescribed in

these Rules;

(d) The filling fee is not paid within the period for filling

the election protest or petition for quo warranto; and

(e) In a protest case where cash deposit is required, the

deposit is not paid within five (5) days from the filling of

the protest.

RULE 3 SUMMONS

Section 1. Summons. – Within twenty-four (24) hours

from the filling of a protest or petition, the clerk of court

shall

issue

the

corresponding

summons

to

the

protestee or to the respondent, together with a copy of

the protest or petition, requiring the filling of an answer

within a non-extendible period of five days from notice.

Section 2. Service of summons. – The summons shall

be served by handing copies of the summons and of

the protest or the petition to the protestee or the

respondent in person or, in case of the protestee’s or

the respondent’s refusal to receive and sign these

copies, by tendering them to him or her.

If, for justifiable causes, the protestee or the respondent

cannot be served in person as provided above, service

may be effected by leaving copies of the summons and

the protest or the petition at:

(a) The protestee’s or the respondent’s residence, with a

person of suitable age and discretion residing therein,

or

(b) The protestee’s or the respondent’s office or regular

place of business, with a competent person in charge

thereof.

Section 3. By whom served. – The summons shall be

served by a sheriff, a deputy sheriff, a process server or

any other suitable person authorized by the court

issuing the summons.

RULE 4 ANSWER AND COUNTER-PROTEST

Section 1. Verified answer; counter-protest. – Within

five (5) days from receipt of the summons and the copy

of

the

protest

or

petition,

the

protestee

or

the

respondent shall file an answer in three (3) legible

copies, with proof of service of a copy on the protestant

or the petitioner.

The

answer

shall

be

verified

and

may

set

forth

admissions

and

denials,

special

and

affirmative

defenses,

and

a

compulsory

counterclaim.

The

protestee may incorporate a counter-protest in the

answer.

The counter-protest shall specify the counter-protested

precincts and the parties’ votes per the Statement of

Votes by Precinct and, in the proper case, a detailed

specification of the acts or omissions complained of as

electoral

fraud,

anomalies

or

irregularities

in

the

counter-protested precincts; if the votes are not so

specified, an explanation should be made for the

omission.

Section 2. Answer to counterclaim or counter-protest. –

The

protestant

or

petitioner

shall

answer

the

counterclaim

or

counter-protest

within

a

non-extendible period of five (5) days from notice.

Section 3. Allegations in the answer. –

© Compiled By RGL

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