Article 30p. 30

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

b) under the circumstances, it would be unjust or

inequitable to admit the copy in lieu of the original.

Section 3. Affidavit as evidence. – All matters relating to

the

admissibility

and

evidentiary

weight

of

an

electronic document may be established by an affidavit

stating facts of direct personal knowledge of the affiant

or based on authentic records. The affidavit must

affirmatively show the competence of the affiant to

testify on the matters contained therein. The affiant

shall be made to affirm the contents of the affidavit in

open session and may be cross-examined as a matter

of right by the adverse party.

RULE 17 AUTHENTICATION OF ELECTRONIC

DOCUMENTS AND DATA

Section 1. Burden of proving authenticity. – The person

seeking to introduce an electronic document in an

election

protest

has

the

burden

of

proving

its

authenticity in the manner provided in this Rule.

Section 2. Manner of authentication. – Before any

electronic document or data offered as authentic is

received in evidence, its authenticity must be proved by

any of the following means:

a) By evidence that it has been digitally signed by the

person purported to have signed it. "Digitally signed"

refers to an electronic document or electronic data

message bearing a digital signature verified by the

public key listed in a certificate.

b)

By

evidence

that

other

appropriate

security

procedures or devices for authentication of electronic

documents authorized by the Supreme Court or by law

for the authentication of electronic documents were

applied to the document; or

c) By other evidence showing its integrity and reliability

to the satisfaction of the judge.

Section 3. The Rules on Electronic Evidence. – The

Rules on Electronic Evidence shall apply to evidentiary

aspects of pleadings, practice and procedure in election

contests not otherwise specifically provided for in these

Rules.

RULE 18 FINAL PROVISIONS

Section 1. Repealing clause. – For municipal election

contests, these rules supersede A.M. No. 07-4-15-SC (The

Rules of Procedure In Election Contests Before The

Courts

Involving

Municipal and Barangay Officials)

which became effective on May 15, 2007. All other rules,

resolutions, regulations or circulars of the Supreme

Court or parts thereof that are inconsistent with any

provision of these Rules are hereby deemed repealed or

modified accordingly.

Section 2. Effectivity clause. These Rules shall take

effect fifteen (15) days after their publication in a

newspaper of general circulation in the Philippines.

A.M. No. 10-4-29-SC | THE 2010 RULES OF

THE PRESIDENTIAL ELECTORAL

TRIBUNAL

TITLE AND CONSTRUCTION

Rule 1. Title. - These Rules shall be known and cited as

The

2010

Rules

of

the

Presidential

Electoral

Tribunal. (R1a)

Rule 2. Definition of Terms. - When used in these Rules,

the following terms shall mean:

(a) Tribunal - the Presidential Electoral Tribunal, sitting

en banc or in Divisions;

(b) Automated Election System or AES - an election

system

using

appropriate

technology

in

voting,

counting

,

consolidating,

canvassing,

transmitting

election results, and other electoral processes;

(c) Precinct Count Optical Scan or PCOS - a technology

using

an

optical

ballot

scanner,

located

in

every

precinct, that scans or reads paper ballots that votes

mark by hand and are inserted in the scanner to be

counted;

(d) Official Ballot - the paper ballot with the pre printed

names of all candidates and with ovals corresponding

to each of the names printed. The ovals are the spaces

where voters expresses their choice by shading with a

marking pen;

(e) Picture images of the ballot. - the image of the

ballot that the PCOS machine captures at the time

voter feeds the ballot into it, which images is stored in a

memory or removal data storage device attached to the

PCOS machines;

(f) Election Returns - the document showing the date of

the election, the province, city, municipality and the

period in which it is held, and the votes in figures for

each candidate in a precinct or clustered precincts;

(g) Electronic Election Returns. - copies of the election

returns in electronic form generated by the PCOS

machine

and

electronically

transmitted

to

the

Municipal or City Board of Canvassers for the official

canvass, to conduct a parallel count, and the Kapisanan

ng mga Brodkaster sa Pilipinas KBP;

(h) Printed Election Returns - copies of the election

returns printed by the PCOS machine on paper and

authenticated

by

the

manual

signatures

and

thumbmarks of the Board of Election Inspectors (BEI);

(i) Electronic transmission - the act of conveying data in

electronic form from one location to another;

(j) Canvass proceedings - the consolidation of precinct

election results for the Offices of the President and Vice

President at the municipal, city, or district level; district

election results at the municipal or city level; municipal

or city election results at the provincial level; and

provincial

election

results

at

the

national

level,

specifically

Congress,

including

the

formal

proclamation of the winners in the elections;

(k) Consolidation Machine - the machine used at the

canvass proceedings to consolidate precinct results,

municipal and city results, or provincial results for

purposes of getting the total votes of all candidates for

the Offices of the President and Vice President;

(l) Statement of Votes by Precinct, Municipality, City,

District, Province, or Overseas Absentee Voting (OAV)

Station - a document in electronic and in printed form

generated

by

the

canvassing

or

consolidating

machines

or

computers

during

the

canvass

proceedings of the votes obtained by the candidates for

the Offices of the President and Vice President in each

precinct, municipality, city, district, province, or OAV

Station;

(m) City, municipal, district, or provincial certificate of

canvass - a document in electronic and in printed form

containing the total votes in figures obtained by each

candidate for the Offices of the President and Vice

President in a city, municipality, district, or province, the

electronic form of which is the official canvass result

and is the result electronically transmitted to Congress;

(n) Certificate of Canvass and Proclamation - the

official printed document that contains the names of

the candidates for the Offices of the President and Vice

President who obtained the highest number of votes

and certifies to their proclamation as winners;

(o) Data storage device - the device where electronic

documents

are

stored

and

from

which

such

documents may be obtained when necessary to verify

the

accuracy

and

correctness

of

election

data;

it

© Compiled By RGL

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