Article 33p. 33

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

Rule 27. Failure to answer; effect. - If no answer is filed

to the protest, counter-protest or the petition for quo

warranto within the period fixed in theses Rules, a

general denial shall be deemed to have been entered.

(R26)

Rule

28.

Amendments,

limitations.

-

After

the

expiration

of

the

period

for

filing

of the protest,

counter-protest

or

petition

for

quo

warranto ,

no

substantial amendments which broaden the scope of

the action or introduce an additional cause of action

shall be allowed. An amendment involving from may

be admitted at any stage of the proceedings.

After

the

period

for

receiving

the

evidence

has

commenced, no amendment to the pleadings affecting

the merits of the case shall be granted except for

justifiable reasons.

When

the

Tribunal

admits

an

amended

protest,

counter-protest or petition, it may require the other

party to answer the same within ten days from service

of a copy of such amended protest, counter-protest or

petition of the resolution admitting the same. (R27)

Rule 29. Preliminary Conference. -

(a) Purpose. - After the filing of the last pleading, the

Tribunal

shall

order

a

preliminary

conference

to

consider:

(1) the possibility of obtaining stipulations or admissions

of facts and documents to avoid unnecessary proof;

(2) the simplification of issues;

(3) the limitation of number of witnesses;

(4) the most expeditious manner for the retrieval of

ballot boxes containing the ballots, election returns,

certificates of canvass and other election documents

involved in the election protest; and

(5) such other matters as may aid in the prompt

disposition of the election protest or petition for quo

warranto.

(b) Preliminary conference brief. - The parties shall file

with the Tribunal and serve on the adverse party a

preliminary conference brief at least five days before

the date of the preliminary conference, which shall

contain:

(1) stipulations or admissions of facts and documents;

(2) the issues to be resolved;

(3) the numbers and names of witnesses, and the

nature and substance of their respective testimonies;

(4) the list of not more than three provinces which the

parties may designate pursuant to Rule 65; and

(5) the proposal on the prompt disposition of the case.

(c) Preliminary conference order. - The tribunal shall

issue an order reciting the matters taken up during the

preliminary conference and the action thereon. (R28)

Rule 30. Other pleadings; how filed. - Except for the

original election protest or petition for quo warranto

which the Tribunal itself serves on the adverse party,

together with the summons, all other pleadings shall

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

eighteen

clearly

legible

copies

and

must

be

accompanied with proof of service of a complete copy

upon the adverse party or parties.

No action shall be taken on pleadings that fail to

comply with this Rule. (R29)

Rule 31. Proof of service. - Proof of personal service shall

consist of a written admission of the party served or the

affidavit

of

the

party

serving,

containing

a

full

statement of the date, place and manner of the service.

If service is made by registered mail, proof shall be

made by affidavit of the sender and the registry receipt

issued by the mailing office. The registry return card

shall be filed with the Tribunal immediately upon

receipt of the sender or, in lieu thereof, the unclaimed

letter together with a certified sworn copy of the notice

given by the postmaster to the addressee, as the case

may be. A resort to modes other than personal service

must be accompanied by a written explanation why the

service or filing was not done personally. (R30)

FILING FEES, CHARGES AND DEPOSITS

Rule 32. Filing fees. - No protest, counter-protest or

petition

for

quo

warranto

shall

be

deemed

filed

without payment to the Tribunal of the filing fee in the

amount

of

One

Hundred

Thousand

Pesos

(P100,000.000).

If a claim for damages or attorney's fees is set forth in a

protest, counter-protest or petition for quo warranto .

An additional filing fee shall be paid, which shall be, If

the sum is claimed is :

Not more than P20,000 . . . . . . . . . . . . . . . . .

P240.00

More than P20,000 but less than

P40,000 . .

P300.00

P40,000 or more but less than P60,000 .

. . .

P400.00

P60,000 or more but less than P80,000 .

. . .

P500.00

P80,000 or more but less than P100,000 .

. .

P800.00

P100,000 or more but less than P150,000

.

P1200.00

For each P1,000 in excess of P150,000 .

P100.00

Rule

33.

Cash

deposit.

-

In

addition to the fees

mentioned

above,

each

protestant

or

counter-protestant shall make a cash deposit with the

Tribunal in the following amounts:

(a) If the protest or counter-protest does not require the

bringing to the Tribunal of ballot boxes and other

election

documents

and

paraphernalia,

Twenty

Thousand Pesos (P20,000);

(b)

If

the

protest

or

counter-protest

requires

the

bringing of the ballot boxes and election documents or

paraphernalia, Five Hundred Pesos (P500.00) for each

precinct involved. If the amount of the deposit does not

exceed Two Hundred Thousand Pesos (P200,000.00),

the same shall be made in full with the Tribunal within

ten

days

after

the

filing

of

the

protest

or

counter-protest; and

(c) If the amount of the deposit exceeds Two Hundred

Thousand Pesos (P200,000.00), a partial deposit of at

least Two Hundred Thousand Pesos (P200,000.00) shall

be made within ten days after filing of the protest or

counter-protest. The balance shall be made in such

installments as may be required by the Tribunal on at

least five days advance notice to the party required to

make deposit.

The cash deposit shall be applied by the Tribunal to the

payment of all expenses incidental to the bringing of

the

ballot

boxes

and

election

documents

or

paraphernalia to the Tribunal and returning them after

the case is terminated, and to the compensation of the

members

of

the

revision

committees.

When

the

Tribunal determines that the circumstances demand, it

may require additional cash deposits. Any unused cash

deposit

shall

be

returned

to

the

protestant

or

counter-protestant after complete termination of the

protest or counter-protest. (R32a)

Rule 34. Effect of failure to make cash deposit. - If a

party fails to make the cash deposits or additional

© Compiled By RGL

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