Article 24p. 24

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

evidence or as necessary equipment in considering the

protested or counter-protested ballots;

iii. If the amount to be deposit does not exceed One

Hundred Thousand Pesos (P100,000.00), the required

sum shall be paid in full within ten (10) days from the

filling of the protest or counter-protest; and

iv. If the required deposit shall exceed One Hundred

Thousand Pesos (P100,000.00), a cash deposit in the

amount of One Hundred Thousand Pesos (P100,000.00)

shall be made within ten (10) days from the filling of the

protest or counter-protest. The balance shall be paid in

installments under the schedule the court may require

after hearing the Protestant or counter-Protestant on

the matter.

The cash deposit shall be applied by the court to the

payment of the compensation of revisors as provided

under Section 3, Rule 10 of these Rules, and of all the

expenses

incidental

to

revision,

including

but not

limited

to the cost of supplies and miscellaneous

expenses of the revision committee, the cost of the

production in court and the storage and maintenance

of automated election equipment and paraphernalia.

When circumstances so demand (such as when the

deposit has been or is about to be depleted), the court

may require the payment of additional cash deposits.

Any unused cash deposit shall be returned to the

depositing party after the complete termination of the

protest or counter-protest.

The same amount of cash deposit shall be required

from

the

protestee

(counter-protestant),

should

continuation

of

revision

be

ordered

pursuant

to

paragraph 2, Section 10, Rule 10 of these Rules. Once

required, the protestee (counter-protestant) shall pay

the cash deposit within a non-extendible period of

three days from receipt of the court’s order.

(b) Failure to make the cash deposits required within

the prescribed time limit shall result in the automatic

dismissal of the protest or counter-protest.

RULE 8 PRODUCTION AND CUSTODY OF

BALLOT BOXES, ELECTION DOCUMENTS,

DATA STORAGE DEVICES AND PCOS

MACHINES USED IN THE ELECTIONS (A)

Section 1. Issuance of precautionary protection order. –

Where the allegations in a protest so warrant, the court

shall

order

–

simultaneously with the issuance of

summons – the municipal treasurer and election officer

concerned

to

take

immediate

and

appropriate

measures to safeguard the integrity of all the ballot

boxes and the ballots, the lists of voters and voting

records, the books of voters and other documents or

paraphernalia used in the election, as well as the

automated election equipment and records such as the

data

storage

devices

containing

electronic

data

evidencing the conduct and results of elections in the

contested precincts.

Section 2. When ballot boxes and election documents

are brought before the court. – Within forty-eight (48)

hours from receipt of an answer with counter-protest,

when the allegations in an protest or counter-protest so

warrant, the court shall order the ballot boxes with their

keys,

the

PCOS

and

consolidation

machines,

the

electronic data storage devices, the lists of voters and

voting

records,

the

books

of

voters,

and

other

documents or paraphernalia involved in the protest or

counter-protest, to be brought before it.

The court shall notify the parties of the date and time of

retrieval and transfer from their respective custodians

of

the

ballot

boxes,

the

PCOS

and

consolidation

machines (if necessary), the electronics data storage

devices and all other automated election documents

and

paraphernalia.

The

parties

may

send

representatives to witness the retrieval and transfer.

The absence, however, of a representative of a party

shall not be reason to postpone or delay the retrieval or

transfer of the above-mentioned equipment, devices

and election documents.

The court, at its discretion, may seek the assistance of

the Philippine National Police (PNP) or the Armed

Forces of the Philippines in ensuring the safe delivery of

the ballot boxes and the election equipment, devices

and documents to its custody.

Where any of the ballot boxes, ballots, PCOS machines,

data

storage

devices,

election

returns,

election

documents or paraphernalia mentioned above are also

involved in election contests before other for a (such as

the Presidential Electoral Tribunal, the Senate Electoral

Tribunal,

the

House

of

Representatives

Electoral

Tribunal

or

the

Commission

on

Elections)

with

preferential

rights

of

custody

and

revision

in

simultaneous protests under COMELEC Resolution No.

2812 dated 17 October 1995, the court shall coordinate

with and make the appropriate request with the higher

tribunals for the temporary prior custody of ballot

boxes, PCOS machines, electronic data storage devices

and other election documents and paraphernalia, or for

the synchronization of revision activities.

The

expenses

necessary

and

incidental

to

the

production in court of the ballot boxes and election

documents

and

the

production,

storage

and

maintenance of PCOS machines, data storage devices,

and automated election paraphernalia and documents

shall

be

shouldered

and

promptly

paid

by

the

protestant and counter-protestant in proportion to the

precincts covered by their protects or counter-protests.

The expenses necessary and incidental to the return of

the materials and documents produced in court to

their original custodians or to the proper tribunal after

the termination of the case shall likewise be shared

proportionately by the protestant and the protestee

based on the number of precincts they respectively

contest.

Section 3. Access to electronic data in the COMELEC

back-up server. – Upon motion duly made based on

demonstrated need, the court may order the COMELEC

to provide the moving party access to, or to recover and

use, electronic data from the COMELEC back-up server

under

conditions

and

safeguards

required

by

COMELEC.

RULE 9 PRELIMINARY CONFERENCE

Section 1. Preliminary conference; mandatory. – Within

three (3) days after the filling of the last responsive

pleading allowed by these Rules, or on the expiration of

this period without any responsive pleading having

been

filed,

the

court

shall

conduct

a

mandatory

preliminary conference among the parties to consider:

(a) The simplification of issue;

(b) The necessary or desirability of amendments to the

pleadings;

(c) The possibility of obtaining stipulations or admission

of facts and of documents to avoid unnecessary proof;

(d) The limitation of the number of witnesses;

(e) The nature of the testimonies of the witnesses and

whether they relate to evidence that do not involve the

ballots, or otherwise;

(f)

The

withdrawal

of

certain

protested

or

counter-protested precincts, especially those where the

ballot boxes or ballots are unavailable or are missing,

cannot be located, have been destroyed due to natural

disasters or calamities, or where the PCOS and other

electronic data are missing;

(g)

The

number

of

revision

committees

to

be

constituted;

(h) The procedure to be followed in case the election

protest or counter-protest seeks, wholly or partially, the

© Compiled By RGL

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