Article 27p. 27

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

Section 8. Order of revision. – Revision of ballots shall

start with those from the protested precincts , subject

to the provisions of Section 10 thereof.

Section 9. Inquiry as to security markings and vital

information relative to ballots and election documents.

– When a revision of ballots is ordered, and for the

guidance of the revisors, the court shall inquire about

the security markings on the ballots and the security

measures used in the election documents from the

Chairperson of COMELEC who shall be obliged to

indicate

this

markings,

measures

and

other

vital

information that may aid the court in determining the

authenticity of the ballots and election documents. The

parties shall be notified of the results of this inquiry.

Section 10. Post-revision determination of the merit or

legitimacy

of

the

protest

prior

to revision of the

counter-protest. – Immediately after the revision or

examination

of

ballots,

or

the

verification

or

re-tabulation

of

election

returns

in

all

protested

precincts, the protestant shall be required to point to a

number of precincts, corresponding to twenty percent

(20%) of the total of the revised protested precincts, that

will best attest to the votes recovered, ore that will best

exemplify the fraud or irregularities pleaded in the

protest. In the meanwhile, the revision or examination

of the ballots, or the verification or re-tabulation of

election returns in the counter-protested precincts,

shall be suspended for a period not exceeding fifteen

days to allow the court to preliminarily determine,

through

the

appreciation

of

ballots

and

other

submitted election documents, the merit of legitimacy

of the protest based in the chosen twenty percent (20%)

of the protested precincts.

Based on the results of this post-revision preliminary

determination,

the

court

may

dismiss

the protest

without

further

proceedings

if

the

validity of the

grounds

for

the

protest

is no established by the

evidence from the chosen twenty percent (20%) of the

protested precincts; or proceed with the revision or

examination

if

the

ballots,

or

the

verification

or

re-tabulation

of

election

returns

in

the

counter-protested precincts. In the latter case, the

protestee shall be required to pay the cash deposit

within a non-extendible period of three (3) days from

notice.

Section 11. Continuation of the appreciation of ballots. -

If the court decides not to dismiss the protest after the

preliminary examination of the evidence from the

chose twenty percent (20%) of the protested precincts,

revision with respect to the remaining precincts shall

proceed at the same time that the ballots or election

documents from the counter-protested precincts are

being revised. After completion of the revision of the

protested precincts, the court shall proceed with the

appreciation

and

revision

of

ballots

from

the

counter-protested precincts.

RULE 11 TECHNICAL EXAMINATION

Section 1. Motion for technical examination; contents. –

Except when the protest or counter-protest involves

allegation of massive substitute voting, a party may

move for the technical examination of the presented

evidence within five (5) days after completion of the

revision in the protest or counter-protest, specifying:

(a) The nature of the technical examination requested

(e.g., fingerprint examination, etc.);

(b)

The

documents

or machines/equipment to be

subjected to technical examination;

(c) The objections made in the course of the revision of

ballots which the movant intends to substantiate with

the results of the technical examination; and

(d) The ballots covered by these objections.

Section 2. Technical examination; time limits. – The

court may grant the motion for technical examination

at its discretion and under the conditions it may

impose.

If

the

motion

is

granted,

the

technical

examination shall start within five (5) days from notice

to both parties, and shall be completed within the

period specified by the court, in no case to exceed to

twenty successive working days, unless the court grants

an

extension

based

on

exceptionally

meritorious

ground. A party may attend the technical examination

either personally or through a representative. However

the

technical

examination

shall

proceed

with

or

without the attendance of a party, provided that the

due notice has been given.

The expenses for technical examination shall be for the

account of the party requesting the examination. The

technical examination shall be under the supervision of

the clerk of court.

Section

3.

Experts;

who

shall

provide.

–

Experts

necessary for the conduct of technical examination

shall be provided by the party requesting the same and

may come from the National Bureau of Investigation,

the

PNP

Crime

Laboratory,

the

Commission

on

Elections, the Department of Science and Technology,

or experts from the private sector. The other party may

secure the services of his or her own expert who may

only

observe,

not

interfere

with,

the

examination

conducted by the movant’s experts.

RULE 12 PHOTOCOPYING OF BALLOTS

Section 1. Photocopying simultaneous with revision. –

On the motion of a party, the court may allow the

photocopying of ballots and election documents, upon

such terms and conditions as the court may impose.

The

photocopying,

if

allowed,

must

start

at

the

commencement of revision and, as far as practicable,

must

be

completed

simultaneously

with

the

termination of revision.

Section 2. Where conducted; parties to provide own

photocopying units. – Photocopying shall be done

within the premises of the court, near the revision area,

and shall be under the supervision of the clerk of court.

The

requesting

party

shall

provide

an

efficient

photocopying

unit

and

shall

bear

all

attendant

expenses.

Section 3. Copying or reproduction of electronic data. –

On the motion of a party, the court may allow the

reproduction of electronic data that are submitted as

evidence, or that are within the custody and control of

the COMELEC under the conditions and safeguards the

COMELEC shall require. The costs and expenses shall be

for the account of the party seeking the reproduction.

RULE 13 PRESENTATION OF EVIDENCE

Section 1. Presentation and reception of evidence;

order of hearing. – If at the preliminary conference the

parties have agreed on issues that do not involve the

examination

and

appreciation

of

ballots

or

other

election documents (e.g., vote-buying, fraud, terrorism

or violence), the reception of evidence on the issues,

including the testimonies of witnesses, shall be done

simultaneously with the revision of ballots that may be

required.

The reception of evidence on all other matters or issues

incidental

to

or

involving

the

ballots

and

related

election documents shall be made upon completion of

(a) the revision of ballots or election documents; or (b)

the technical examination, if allowed by the court under

the provisions of Rule 11 of these Rules.

Reception of evidence shall be made in accordance

with the following order of hearing:

(a) The protestant or petitioner shall present evidence

in support of the protest or petition;

© Compiled By RGL

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