Article 32p. 32

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(h) Keep an inventory and have the custody of the Seal

and other public property belonging to or assigned for

the use of the Tribunal;

(I) Keep an account of the funds set aside for the

expenses of the Tribunal, as well as the funds received

and disbursed relative to the cases; and

(j) Keep such other books and perform such other

duties as are prescribed by law for the Clerk of the

Supreme Court as the Tribunal may direct.

The Deputy Clerk shall assist the Clerk of the Tribunal

and shall perform such other duties and functions as

may be assigned to him by the latter. (R10)

Rule 12. The Seal. - The Seal of the Tribunal shall be

circular in shape and shall contain in the upper part the

words "Presidential Electoral Tribunal" in the center the

coat of arms of the Government of the Philippines and

at the base the name "Republic of the Philippines."

The Seal of the Tribunal shall be affixed to all decisions,

rulings, resolutions, orders or notices of the Tribunal,

certified copies of the official records and such other

documents which the Tribunal may require to be

sealed. (R11)

ELECTION CONTESTS

Rule 13. Jurisdiction. - The Tribunal shall be the sole

judge of all contests relating to the election, returns,

and qualifications of the President or Vice-President of

the Philippines. (R12)

Rule 14. How initiated. - An election contest is initiated

by the filing of an election protest or a petition for quo

warranto against the President or Vice- President. An

election protest shall not include a petition for quo

warranto . A petition for quo warranto shall not include

an election protest. (R13)

Rule 15. Election Protest. - The registered candidate for

President or Vice-President of the Philippines who

received the second or third highest number of votes

may

contest

the

election

of

the

President

or

Vice-President, as the case may be, by filing a verified

election protest with the Clerk of the Presidential

Electoral

Tribunal

within

thirty

days

after

the

proclamation of the winner. (R14)

Rule 16. Quo warranto. - A verified for quo warranto

contesting the election of the President or Vice -

President on the ground of ineligibility or disloyalty to

the

Republic of the Philippines may filed by any

registered

voter

who

has

voted

in

the

election

concerned within ten days after the proclamation of the

winner. (R16)

Rule 17. Contents of the protest or petition. - (A) An

election protest or petition for quo warranto shall

commonly state the following facts:

(a) the position involved;

(b) the date of proclamation; and

(c) the number of votes credited to the parties per the

proclamation.

(B) A quo warranto petition shall as state:

(a) the facts giving the petitioner standing to the file

the petition;

(b)

the legal requirements for the office and the

disqualifications prescribed by law;

(c) the protestee's ground for ineligibility or the specific

acts of disloyalty to the Republic of the Philippines

(C) An election protest shall also state:

(a) that the protestant was a candidate who had duly

filed a certificate of candidacy and had been voted for

the same office.

(b)

the

total

number

of

precincts

of

the

region,

province, or city concerned;

(c) the protested precincts and votes of the parties to

the protest in such precincts per the Statement of

Votes By Precincts, or if the votes of the parties are not

specified,

an

explanation

why

the

votes

are

not

specified ; and

(d) a detailed specification of the acts or omissions

complained of showing the electoral frauds, anomalies,

or irregularities in the protested precincts. (n)

Rule 18. Extensions of time. - The periods provided in

Rules 15 and 16 above are jurisdictional and cannot be

extended. (R17a)

Rule 19. Damages. - Actual or compensatory, moral and

exemplary

damages

as

provided

by

law

may

be

claimed

in

election

protest

or

quo

warranto

proceedings when warranted. (R18)

Rule 20. Petitions to be filed with the Tribunal. -

Election protests and petitions for quo warranto may

be filed with the Office of the Clerk of the Tribunal in

eighteen legible copies. The Clerk shall indicate on the

petition the date and hour of receipt. (R19)

Rule 21. Summary dismissal of election contest. - An

election protest or petition for quo warranto may be

summarily dismissed by the Tribunal without requiring

the protestee or respondent to answer if, inter alia:

(a) the protest or petition is insufficient in form and

substance;

(b) the protest or petition is filed beyond the periods

provided in Rules 15 and 16;

(c) the filing fee is not paid within the periods provided

in Rules 15 and 16;

(d) the cash deposit or the first Two Hundred Thousand

Pesos (P 200,000.00) is not paid within ten days after

the filing of the protest; and

(e) the protest or petition or copies and their annexes

filed with the Tribunal are not clearly legible. (R20a)

SUMMONS, ANSWERS AND

COUNTER-PROTESTS

Rule 22. Summons. - If the election protest or the

petition for quo warranto is not summarily dismissed in

accordance with the immediately preceding Rule, Clerk

of the Tribunal shall issue the corresponding summons

to the protestee or respondent together with a copy of

the protest or petition requiring him to file an answer

within ten days from receipt of the summons. (R21)

Rule 23. Answer. - The answer shall be verified and may

set forth special and affirmative defenses. The protestee

or respondent may incorporate in his answer a counter

-protest or ten days from receipt of summons in

eighteen clearly legible copies with proof of service of a

copy upon the protestant or petitioner. (R22)

Rule 24. Counter - protest. - A counter-protest must be

verified and filed within ten days from receipt of the

summons and the protest. The counter-protestee shall

answer

the

counter-protest

within

ten

days

from

receipt of a copy thereof. (R23)

Rule 25. Motion to dismiss. - No motion to dismiss shall

be entertained. Instead any ground for a motion to

dismiss may be pleaded as an affirmative defense in

the answer to the protest or counter-protest or petition

for quo warranto . In the exercise of its discretion, the

Tribunal

may

hold a preliminary hearing on such

ground. (R24)

Rule 26. Extensions of time. - No motion to dismiss shall

be entertained. Instead, any ground for a motion to

dismiss may be pleaded as an affirmative defense in

the answer to the protest or counter-protest or petition

for quo warranto . In the exercise of its discretion, the

Tribunal

may

hold a preliminary hearing on such

ground. (R24)

© Compiled By RGL

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