Article 28p. 28

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(b) The protestee or respondent shall then adduce

evidence in support of the defense, counterclaim or

counter-protest, if any;

(c) The parties may then respectively offer rebuttal

evidence only, unless the court for good reasons and in

the

furtherance

of

justice,

permits

them

to

offer

evidence on their original case; and

(d) No surrebuttal evidence shall be allowed.

In offering testimonial evidence, the party shall require

the proposed witness to execute an affidavit which

shall be considered as the witness’ direct testimony,

subject to the right of the adverse party to object to its

inadmissible portions and to orally cross-examine the

witness.

The

affidavit

shall

be

based on personal

knowledge, shall set forth facts as would be admissible

in evidence, and shall show affirmatively that the

affiant is competent to testify on the stated matters.

The affidavit shall be in question and answer form, and

shall be submitted to the court and served on the

adverse party at least three (3) days before the hearing.

Failure to submit the affidavit of witness within the

specified time shall constitute a waiver of the party’s

right to present testimonial evidence.

The one-day-cross-examination-of witness rule – i.e.,

that a witness has to be fully cross-examined on one

day – shall strictly be followed, subject to the court’s

discretion

to

extend

the

cross-examination

for

justifiable reasons.

The revision reports, as well as the ballots objected to or

claimed by the parties and the submitted electronic

evidence, shall automatically form part of court records

and may be adopted by the other parties as their

evidence.

Section 2. Offer of evidence. – The court shall not

consider any evidence that has not been formally

offered. Offer of evidence shall be done orally on the last

day

of

hearing

allowed

for

each

party

after

the

presentation of the party’s last witness. The opposing

party

shall

be

required

to

immediately

interpose

objections to the offer. The court shall rule on the offer

of evidence in open court. However, the court may, at

its discretion, allow the party to make an offer of

evidence in writing, which shall be submitted within

three days from notice of the court’s order. If the court

rejects any evidence offered, the party may make a

tender of the excluded evidence.

Section

3.

Reception

of

evidence

continuous.

–

Reception

of

evidence,

once

commenced,

shall

continue from day to day, as far as practicable, until

fully completed or terminated at the court’s order. In no

case shall the entire period for reception of evidence

exceed ten successive days for each party, from the first

day

reception of evidence starts, unless otherwise

authorized by the Supreme Court.

Section 4. Adjournments and postponements. – No

motion for postponement shall be allowed, except for

clearly

meritorious

reasons.

In

no

case

shall

the

resetting of hearings have an interval exceeding three

calendar days, nor shall the postponements of hearing

granted to each party exceed three (3). The filing of

dilatory pleadings or motions shall constitute direct

contempt of court and shall be punished accordingly.

Section 5. Burden of proof. – Burden of proof is the duty

of a party to present evidence of the facts in issue to

establish his or her claim or defense.

Section 6. Disputable presumptions. – The following

presumptions

are

considered

as

established

facts,

unless contradicted and overcome by other evidence:

(a) On the election procedure:

(i) The election of candidates was held on the date and

at the time set and in the polling place determined by

the Commission on Elections;

(ii)

The

Boards

of

Election

Inspectors

were

duly

constituted and organized;

(iii)

Political

parties

and

candidates

were

duly

represented by pollwatchers;

(iv) Pollwatchers were able to perform their functions;

(v) The Minutes of Voting and Counting contains all the

incidents that transpired before the Board of Election

Inspectors; and

(vi) The Audit Log contains the list of all activities

performed by the PCOS machines from the time it was

powered on until it was turned off.

(b) On election paraphernalia:

(i) Ballots and election returns that bear the security

markings and features prescribed by the Commission

on Elections are genuine;

(ii) The data and information supplied by the members

of the Boards of Election Inspectors in the accountable

forms are true and correct; and

(iii) The allocation, packing and distribution of election

documents or paraphernalia were properly and timely

done;

(iv) The PCOS and consolidation machines and the data

storage devices are all in order, and the data generated

reflect

the

activities

entered

in

these

electronic

machines and devices.

(c) On appreciation of ballots:

(i) A ballot with appropriate security markings is valid;

(ii) The ballot reflects the intent of the voter;

(iii) The ballot was properly accomplished;

(iv) A voter personally prepared one ballot, except in the

case of assistors; and

(v) The exercise of one’s right to vote was voluntary and

free.

Section 7. Submission of memoranda. – The court may

allow the parties to submit their respective memoranda

within a non-extendible period of ten (10) days from the

verbal ruling of the court on the last offer of exhibits; or,

if the offer was made in writing, within ten (10) days

from receipt of the written ruling of the court. No

supplemental, reply or rebuttal memorandum shall be

allowed.

RULE 14 DECISION

Section 1. Rendition of decision. – The court shall decide

the election contest within thirty (30) days from the

date the case is submitted for decision, in no case

beyond

six

(6)

months

after

its filing, unless the

Supreme Court authorizes an extension in writing.

Failure to comply with this timeline shall be considered

a serious offense and shall be a ground for disciplinary

action against the judge. In addition, six (6) months

after the submission of the case for decision, the judge

shall be relieved of all duties and functions except to

decide the election case.

An election protest is deemed submitted for decision

after completion of the reception of evidence or, if the

parties were allowed to submit memoranda, upon

submission of their memoranda or the expiration of the

period for their filing, whichever is earlier. In an election

protest,

the

winner

shall

be

the

candidate

who

obtained the plurality of the valid votes cast.

Section 2. Form of decision in election protests. – After

the termination of the revision of ballots and before

rendering

its

decision

in

an

election protest that

involved

a

revision,

the

court

shall

examine

and

appreciate

the

original

ballots.

The

court,

in

its

appreciation of the ballots and in ruling on the parties’

claims and objections, shall observe the following rules:

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