Article 31p. 31

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

includes the back-up storage device in which authentic

electronic copies of the data are also stored;

(p) Audit log - the document that contains the list of all

activities performed by the PCOS machine from the

time it was switched on until the time it was turned off;

and

(q)

Electronic

document

-

information

or

the

representation of information, data, figures, symbols, or

other

modes

of

written

expression,

described

or

however represented, by which a fact may be proved

and affirmed, which is received, recorded, transmitted,

stored, processed, retrieve, or produced electronically

and

includes

digitally

signed

documents and any

print-out or output, readable by sight or other means,

which accurately reflects the electronic document.

For purposes of these Rules, electronic documents refer

to either the picture image of the ballots and electronic

copies of the election returns, of statements of votes, of

certificates of canvass, and of the other electronic data

relative to the processing done by the PCOS machines

and the various consolidation machines. (n)

Rule 3. Construction. - These Rules shall be liberally

constructed

to

achieve

a

just

expeditious,

and

inexpensive determination and disposition of every

contest before the Tribunal (R2)

THE TRIBUNAL

Rule 4. Meeting quorum and Divisions. - The President

Electoral Tribunal shall meet on such days and hours as

it may designate at the call of the Chairman or of a

majority of its Members. The presence of the majority of

the

Members

shall

be

necessary

to

constitute

a

quorum. In the absence of the Chairman, the next

senior Member shall preside.

In the absence of a quorum, the Members present, who

shall not be less than five, may constitute themselves

into an executive body whose actions shall be subject

to confirmation by the Tribunal at its next regular

meeting.

The Tribunal may constitute itself into Divisions for the

purpose of allocating and distributing its workload.

Each Division shall act on such matters as may be

assigned to it by the Tribunal. (R3)

Rule 5. Place of meetings. - The Tribunal or its Divisions

shall meet in the Session Hall of the Supreme Court or

at such other place as may be designated. (R4)

Rule 6. Control and supervision. - The Tribunal shall

have exclusive control and supervision of all matters

pertaining to its operation. (R5)

Rule 7. Express and implied powers. - The Tribunal shall

exercise

all

powers

expressly

vested

in

it

by

the

Constitution or by law, and such other powers as may

be inherent, necessary or incidental thereto for the

accomplishment of its purposes and functions. (R6)

Rule 8. Inherent powers. - The Tribunal shall have the

following inherent powers:

(a) Preserve and enforce in proceedings before it or

before any of its Divisions or officials acting under its

authority;

(b) Administer or cause to be administered oaths in any

contest before it, and in any order matter where it may

be necessary in the exercise of its powers;

(c) Compel the attendance of witnesses and production

of evidence in any contest before it.

(d) Compel obedience to its decisions, resolutions,

orders and processes;

(e) Control its processes and amend its decisions,

resolutions or orders to make them conformable to law

and justice;

(f) Authorize a copy of a lost or destroyed pleading or

other paper to be filed and used instead of the original

copy thereof, and to restore and supply deficiencies in

its records and proceedings; and

(g) Promulgate its own rules of procedure and amend

or revise the same (R7)

Rule 9. Powers and duties of the Chairman. - The

Chairman shall have the following powers;

(a) Issue calls for the sessions of the Tribunal;

(b) Preside the sessions of the Tribunal;

(c) Preserve order and decorum during the sessions

and for that purpose take such steps as may be

convenient or as the Tribunal may direct;

(d) Enforce the discussions, resolutions and orders of

the Tribunal;

(e)

With

the

concurrence

of

the

Tribunal and in

accordance with the provisions of the Civil Service Law,

appoint the employees of the Tribunal and impose

disciplinary sanctions on them, including dismissal

from the service. The confidential employees of every

Member shall serve at his pleasure and in no case

beyond his own term;

(f)

Exercise

administrative

supervision

over

the

personnel of the Tribunal, including the Office of the

Clerk of the Tribunal; and

(g) Perform such other functions and acts as may be

necessary or appropriate to ensure the efficiency of the

Tribunal. (R8)

Rule 10. Administrative Staff of the Tribunal. - The

Tribunal shall have a Clerk and a Deputy Clerk. Unless

the Tribunal provides otherwise, the administrative staff

of the Tribunal shall be composed of the following:

(a) Canvass Board Division

(b) Legal Division

(c)

Information

Systems

and

Judicial

Records

Management Division

(d) Personnel Division

(e) Finance and Budget Division

(f) Accounting Division

(g) Cash Division. (R9)

Rule 11. The Clerk of the Tribunal. - The Tribunal may

designate the Clerk of the Supreme Court as the Clerk

of the Tribunal who shall perform the following duties:

(a) Receive all pleadings and other documents properly

presented, indicating on each document the date and

time of its filling and furnishing each Member a copy;

(b) Keep a separate docket wherein shall be entered in

chronological order election contests, quo warranto

cases and proceedings had therein;

(c) Certify under the Seal of the Tribunal its decisions,

resolutions, orders and notices;

(e) Keep a judgement book containing a copy of each

decision, final order or resolution rendered by the

Tribunal in the order of their dates, and a Book of

entries of Judgement containing in chronological order

entries of the dispositive portions of all decisions, final

orders or resolutions of the Tribunal;

(f) Implement the decisions, resolutions, orders and

processes issued by the Tribunal;

(g) Keep and secure all scanned ballots stored in their

ballot boxes, the minutes of voting and counting of

votes, the printed election returns, the statements of

votes (SOVs), the certificates of canvass (COCs), the

certificate of canvass and proclamation (COCP) and

other documents used in the counting, canvassing, and

consolidation

of

votes

as

well

as their equivalent

electronic documents saved and stored in accordance

with the election rules;

© Compiled By RGL

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