Article 25p. 25

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

examination

of

ballots,

or

the

verification

or

re-tabulation of election returns;

(i) The procedure in handling the PCOS and the other

electronic machines and data; and

(j)

Other

matters

that

may

contribute to prompt

disposition of the case.

Section 2. Notice through counsel. – The notice of

preliminary conference shall be served on counsel or on

counsel on the party himself or herself who is not

presented by counsel. Notice to counsel is to notice to

the party, as counsel is charged with the duty to notify

the party represented.

Section 3. Appearances of parties. - The parties have

the duty to appear the person before the court at the

preliminary conference. Counsels appearing without

their clients should be specifically authorized to appear

for and to bind their clients on the matters covered by

the preliminary conference.

Section 4. Preliminary conference brief. – The parties

shall file with the court their respective preliminary

conference briefs and serve these on the adverse party

in a manner that shall ensure the other party’s receipt

of the brief at least one day before the date of the

preliminary conference. The briefs shall contain the

following:

(a)

A

summary

of

admitted

facts

and

proposed

stipulations;

(b) The issues is to be tried and resolved ( i.e., for election

protests, the alleged frauds or irregularities committed

in

the

conduct of the election; for quo warranto

proceedings, the ground for ineligibility or acts of

disloyalty);

(c) The documents or exhibits to be presented;

(d) A manifestation indicating the use of the intent to

use discovery procedures or referral to commissioners;

(e)

The

number

and

names

of

witnesses,

their

addresses,

and

the

substance

of

their

respective

testimonies. The testimonies of witnesses shall be by

affidavits, in question and answer form, which shall

serve

as

their

direct

testimonies,

subject

to

oral

cross-examination;

(f) A manifestation of withdrawal of certain protested or

counter protested precincts, if this is the case;

(g) The proposed number of revision committees and

the names of proposes revisors and alternated revisors;

and

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

protest

or

counter

protest

seeks

the

revision

or

examination

of

ballots,

or

the

verification

or

re-tabulation of election returns.

Section 5. Failure to file brief. - The failure to file the

required brief or to provide the brief’s mandatory

contests shall have the same effect as the failure to

appear at the preliminary conference.

Section 6. Effect of failure to appear. – The failure of the

protestant/petitioner or the duly authorized counsel to

appear at the preliminary conference authorizes the

court, as its own initiative, to dismiss the protest, or

counter-protest

or

petition.

The

failure

of

the

protestee/respondent or of the duly authorized counsel

to appear at the preliminary conference may likewise

have the effect provided under Section 4(c), Rule 4 of

these

Rules,

i.e.,

the

court

may

allow

the

protestant/petitioner to present evidence ex parte and

render judgment based on the evidence presented.

Section 7. Preliminary conference order. – The court

shall issue an order summarizing the matters taken up

and the stipulations or agreements reached during the

conference

within

three

(3)

days

following

the

termination of the preliminary conference. The court

shall commence, the starting date of which shall be

within

five

(5)

days

from

the

termination

of the

preliminary conference.

RULE 10 REVISION OF BALLOTS

Section 1. Start of revision. – The revision of ballots shall

commence on the date specified in the preliminary

conference order.

Section 2. Revision committee; under the supervision

of the court. – As many revision committees as may be

necessary shall be constituted. Each revision committee

shall be composed of a chairperson and two members,

one of whom is designated by the protestant and the

other by the protestee. The court shall designate the

chairperson and a recorder from among its personnel.

The

parties

shall

also

designate

their

respective

substitute revisors.

The revision committee shall conduct the revision in

the court premises or at such other place in the court

may

designate,

in

every

case

under

its

strict

supervision.

The

revisors

shall

discharge

their duties with the

highest

degree

of

integrity,

conducting

the

proceedings with the same dignity and discipline the

court

itself

brings

to

the

proceedings.

They shall

exercise

extraordinary

diligence

and

take

the

precautionary

measures

required

by

this

level

of

diligence to prevent loss, disappearance or impairment

of

the

integrity

of

the

ballots

and

the

election

documents, whether electronic or printed, and the

misuse of the electronic election machines, devices and

paraphernalia.

Section 3. Compensation of the revisors. - The court

shall fix the compensation of the revisors at Eight

Hundred

Pesos

(P800.00)

per

ballot

box

for

the

chairperson and Three Hundred Pesos (P300.00) per

ballot box for each party revisor. The party revisors shall

each be entitled to an additional per diem of Five

Hundred Pesos (P500.00) per day. The compensation

for a recorder shall be Three Hundred Pesos (P300.00)

per ballot box. This compensation shall be chargeable

against the cash deposit as provided for under Section

2, Rule 7 of these Rules.

Section 4. Continuous revisions. –

(a) Period for revision. – Revision shall be conducted

from 8:30 a.m. to 12:00 noon and from 1:30 p.m. to 4:30

p.m. from Monday to Friday, except on non-working

holidays. The revisors may take fifteen-minute breaks

during the revision.

(b) Revision to continue even if a party revisor is absent

or late. – The revision shall not be delayed or postponed

by reason of the absence or tardiness of a party’s revisor

or substitute revisor, as long as the chairperson and one

party revisor are present. The court may at any time

designate

another

chairperson

if

the

regular

chairperson fails for any reason to report.

(c) If the revisor of the protestee is absent or late. - If the

revisor of the protestee is absent or late for thirty

minutes and no alternate appears as a substitute, the

revision shall nevertheless commence. The protestee

shall be deemed to have waived the right to appear and

to object to the revision of ballots made during his or

her revisor’s absence or tardiness.

(d) If the revisor of the protestant or the revisors of both

parties fail to appear. – If the protestant’s revisor or the

revisors of both parties or their alternates fail to appear

without justifiable reason within one hour after the

scheduled

start

of

the

revision,

the

ballot

boxes

scheduled for revision that day and the corresponding

ballot box keys in the possession of the chairperson,

shall be returned to the court’s ballot box custodian,

and the ballots shall no longer be revised, the parties

are deemed to have waived their right to the revision

for that day, and the chairperson shall state the facts of

absence and waiver in the revision report.

© Compiled By RGL

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