Article 23p. 23

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(a) Specific denial. – A protestee or respondent must

specify each material allegation of fact whose truth he

or she does not admit; whenever practicable, he or she

shall set forth the substance of the matters upon to

support the denial. The protestee or respondent shall

specify the averments that are true and material, and

shall deny the rest.

(b) Allegations not specify denied deemed admitted. –

Material averments in the protest or petition, other than

the amount of unliquidated damages and issues on the

appreciation of ballots, shall be deemed admitted when

not specifically denied.

Section 4. Effect of failure to plead. –

(a) Defenses and objections not pleaded. – Defenses

and objections not pleaded are deemed waived. The

court shall dismiss the claim when it appears from the

pleadings or the evidence on record that (1) the court

has no jurisdiction over the subject matter; or (2) there

is another action pending between the same parties for

the same cause; or (3) the action is barred by a prior

judgement or by the statute of limitations.

(b) Compulsory counterclaim or cross-claim not set up

barred. – A compulsory counterclaim or a cross-claim

not set up shall be barred.

(c) Effect of failure to answer. – If the protestee or the

respondent fails to answer within the time allowed in

an election protest that does not involve ballot revision

or in a petition for quo warranto, the court – upon

motion of the Protestant or the petitioner, with notice

to the protestee or the respondent, and upon proof of

such

failure

–

shall

proceed

to

render

judgment

granting the relief prayed for on the basis of the

allegations of the verified protest or petition, unless the

court in its discretion opts to require the protestant or

the petitioner to submit evidence ex parte.

Where

the

election

protest

involves

revision

or

examination

of

ballots

or

the

verification

or

re-tabulation of the election returns, the court shall

issue the appropriate order and shall proceed to render

judgment

based

on

the

results

of

the

revision,

examination, verification or re-tabulation. During these

proceedings,

only

the

protestant’s

revisors

may

participate. The protestee, or his or her duly authorized

representative, has the right to be present and to

observe the proceedings, without the right to object

and to lay claim to ballots and election returns.

Section 5. How to compute time. – In computing any

period of time prescribed or allowed by these Rules, by

order of the court or by any applicable statute, the day

of the act or the event marking the start when time

begins to run is to be excluded and the date of

performance included. If the last day of the period, as so

computed, falls on a Saturday, a Sunday, or a legal

holiday in the place where the court sits, time shall not

run until the next working day.

Section

6.

Amendments;

limitations.

–

After

the

expiration of the period for the filling of an election

protest, counter-protest or petition for quo warranto,

substantial amendments that broaden the scope of the

action or introduce an additional cause of action may

be allowed only upon leave of court. Leave of court may

be refused if the motion for leave appears to the court

to be intended for delay. Any amendment in matters of

form – such as a defect in the designation of the parties

and other clearly clerical or typographical errors – may

summarily corrected by the court at any stage of the

proceedings, at its initiative or on motion, provided the

correction does not prejudice the adverse party.

RULE 5 MOTIONS

Section 1. Motions must be in writing. – All motions

shall be in writing, except for those made in open court.

Section 2. Proof of service necessary. – The court shall

not act on any written motion, except upon submitted

proof of service on the adverse party.

Section 3. No hearings on motions. – No motion shall

be set for hearing, and no oral argument shall be

allowed in support of any motion, except upon the

court’s express. A motion shall be deemed submitted

for resolution unless the adverse party files his or her

written objections within five (5) days from service. The

court shall resolve a motion within (5) days from the

time it is deemed submitted for resolution.

RULE 6 PROHIBITED PLEADINGS

Section 1. Prohibited pleadings and motions. – The

following pleadings, motions or petitions shall not be

allowed in the cases covered by these Rules:

(a) Motion to dismiss the petition, except on the ground

of lack of jurisdiction over the subject matter;

(b) Motion for a bill of particulars;

(c) Demurrer to evidence;

(d) Motion for new trial, or for the reconsideration of a

judgment, or for reopening of trial;

(e) Petition for relief from judgment;

(f)

Motion for extension of time to file pleadings,

affidavits or other papers;

(g) Memoranda, except as provided under Section 7,

Rule 13 of these Rules;

(h) Motion to declare the protestee or the respondent in

default;

(i) Dilatory motion for postponements;

(j) Motion for the inhibition of the presiding judge,

except on clearly valid grounds;

(k) Reply or rejoinder; and

(l) Third-party complaint.

Section 2. Grounds to dismiss be set up in the answer. –

All grounds to dismiss an election protest or petition for

quo warranto must be set up or pleased as affirmative

or special defenses. Defenses not raised are deemed

waived.

The

court

may,

at

its

discretion,

hold

a

preliminary hearing on the grounds so pleaded.

RULE 7 FILING FEES AND CASH DEPOSITS

Section 1. Filing fees. – No protest, counter-protest or

petition for quo warranto shall be accepted for filling

without the payment of a filing fee in the amount of

Three Thousand Pesos (P3,000.00) for every protest,

counter-protest or petition for quo warranto filed.

If claims for damages and attorney’s fees are set forth in

a protest or counter-protest, additional filing fees shall

be paid in accordance with the schedule under Rule 141

of the Rules of Court, as amended.

Section 2. Cash deposit. –

(a) In addition to the fees prescribed in the preceding

section, the protestant in an election protest requiring

revision or examination of ballots, or the verification or

re-tabulation of election returns, or which may require

bringing

copies

of

other

election

documents and

paraphernalia to court, shall make a cash deposit with

the court in the following amounts:

i. One Thousand Pesos (P1,000.00) for each precinct

covered by the protest or counter-protest, provided that

the deposit shall in no case be less than Twenty-five

Thousand Pesos (P25,000.00) to be paid upon the filling

of the election protest or counter-protest;

ii. Twenty-five Thousand Pesos (P25,000.00) for the cost

of bringing to court and of storing and maintaining the

PCOS,

the

consolidation

machines

and

other

automated election paraphernalia brought to court as

© Compiled By RGL

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