Article 29p. 29

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(a) On marked ballots – The court must specify and

point to the marking clearly indicating the voter’s intent

to identify the ballot.

(b) On fake or spurious ballots, election document,

machine, device or paraphernalia – The court must

specify the COMELEC security markings or features

that are not found in the ballot, election documents,

machine, device or paraphernalia considered fake or

spurious, or the operation or aspects of the machine,

device or paraphernalia that resulted in fake or spurious

results;

(c) On stray ballots – The court must specify and state

in detail why the ballots are considered stray;

(d) On claimed ballots – The court must specify the

exact basis for admitting claimed votes or crediting

these to either party.

Section 3. Several judgments. – In a protest or petition

against several protestees or respondents, the court

may,

when

a

several

judgment

is

proper,

render

judgment against one or more of them, leaving the

protest or petition to proceed against the others.

Section 4. Promulgation of decision. – The decision

signed by the presiding judge shall be promulgated by

reading its dispositive portion in open court on a date

set with notice to the parties and filing the decision

with the clerk of court; or by the delivery of a copy of

the signed decision to the clerk of court, who shall

forthwith indicate the date of rendition and cause true

copies thereof to be served, personally or by registered

mail, on the counsels or on the parties if they are not

represented by counsel.

Section

5.

Finality

of

decision.

–

The

court’s

promulgated decision shall become final and executory

five (5) days after receipt of notice by the parties if no

appeal is taken.

Section 6. Entry of judgment. – If no appeal is filed

within the time provided in these Rules, the judgment

shall be entered by the clerk in the book of entries of

judgments. The date of finality of the judgment shall be

the date of its entry. The record shall contain the

dispositive part of the judgment and shall be signed by

the clerk, with a certificate that the judgment has

become final and executory.

Section 7. Notice of final decision. – As soon as the

decision becomes final, the clerk of court shall send

notices

to

the

COMELEC,

the Department of the

Interior and Local Government, and the Commission on

Audit.

Section 8. Appeal. – An aggrieved party may appeal the

decision to the COMELEC within five (5) days after

promulgation, by filing a notice of appeal with the court

that rendered the decision, with copy served on the

adverse counsel or on the adverse party who is not

represented by counsel.

Section 9. Appeal fee. – The appellant in an election

contest

shall

pay

to the court that rendered the

decision

an

appeal

fee

of

One

Thousand

Pesos

(P1,000.00), simultaneously with the filing of the notice

of appeal.

Section 10. Immediate transmittal of records of the

case. – The clerk of court shall, within fifteen (15) days

from the filing of the notice of appeal, transmit to the

Electoral

Contests

Adjudication

Department,

COMELEC, the complete records of the case, together

with all the evidence, including the original and three

copies of the transcript of stenographic notes of the

proceedings.

Section 11. Execution pending appeal. – On motion of

the prevailing party with notice to the adverse party,

the court, at its discretion and while still in possession

of the original records, may order the execution of its

decision before the expiration of the period to appeal,

subject to the following rules:

(a) Execution pending appeal shall not issue except

upon motion and hearing with prior notice of the

motion of at least three (3) days to the adverse party.

The motion for execution pending appeal must be

supported by good reasons cited and stated by the

court in a special order. These reasons must:

(i)

constitute

superior

circumstances

demanding

urgency that would outweigh the injury or damage,

should

the

losing

party

secure

a

reversal

of

the

judgment on appeal; and

(ii) manifest, in the decision sought to be executed, that

the

defeat of the protestee or the victory of the

protestant has been clearly established.

(b) If the court grants an execution pending appeal, an

aggrieved party shall have twenty working days from

notice of the special order within which to secure a

restraining order or status quo order from the Supreme

Court or the COMELEC. The corresponding writ of

execution

shall

issue

after twenty (20) days if no

restraining order or status quo order is issued. During

the twenty (20)-day period, the issuance of a writ of

execution pending appeal shall be stayed.

Section 12. Jurisdiction of the Commission on Elections

in certiorari cases. – The COMELEC has the authority to

issue the extraordinary writs of certiorari, prohibition

and mandamus only in aid of its appellate jurisdiction

over decisions of the courts in election cases involving

elective municipal officials.

Section 13. Preferential disposition of election contests.

– The courts shall give preference to election contests

over all other cases, except petitions for habeas corpus

and for the writs of amparo and habeas data.

RULE 15 COSTS, DAMAGES AND ATTORNEY’S

FEES

Section 1. Costs; when allowed. – Costs shall be allowed

to the prevailing party as a matter of course. The court

shall have the power, for special reasons, to apportion

the costs, as may be equitable. The court may render

judgment for costs if a protest, a counter-protest or a

petition for quo warranto is dismissed. When a protest,

a counter-protest or a petition for quo warranto is found

to be frivolous, double or treble costs may be imposed

on

the

protestant,

the

counter-protestant

or

the

petitioner.

Section

2.

Damages and attorney’s fees. – In all

election contests, the court may adjudicate damages

and

attorney’s

fees

as

it

may

deem just and as

established by the evidence, if the aggrieved party has

included these claims in the pleadings.

RULE 16 ELECTRONIC EVIDENCE

Section 1. Original of an electronic document or data. –

An electronic document or data shall be regarded as

the equivalent of an original document under the Best

Evidence Rule if it is a printout or an output readable by

sight or other means and shown to reflect the data

accurately.

Section 2. Copies as equivalent of the originals. – When

a document is in two or more copies executed at or

about the same time with identical contents, or is a

counterpart produced by the same impression as the

original, or from the same matrix, or by mechanical or

electronic re-recording, or by chemical reproduction, or

by

other

equivalent

techniques

that

accurately

reproduce the original, such copies or duplicates shall

be regarded as the equivalent of the original.

Notwithstanding the foregoing, copies or duplicates

shall not be admissible to the same extent as the

original if:

a) a genuine question is raised as to the authenticity of

the original; or

© Compiled By RGL

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