Article 34p. 34

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

deposits herein required within the prescribed time

limit,

the

Tribunal

may

dismiss

the

protest

or

counter-protest, or take such action as it may deem

equitable under the circumstances. (R33)

Rule 35.* Other legal fees. - The following legal fees

shall be charged and collected:

(a) For furnishing certified transcripts of records or

copies of any decision, resolution, record or entry to

which any person is entitled to demand and receive a

copy, for each page. . . . . P20.00

The certification is charged separately in the amount of

. . . P200.00

(b) For furnishing certified transcripts of notes taken by

stenographers to every person requesting the same for

each page of not less than two hundred and fifty words.

. P 20.00

(c) For every search for anything above a year's standing

and reading the same. . . P200.00

(d) For every certificate not on process. . . . P100.00

(R34a)

PRODUCTION AND CUSTODY OF BALLOT

BOXES, ELECTION DOCUMENTS, DATA

STORAGE DEVICES, AND MACHINES USED IN

ELECTIONS

Rule 36. Issuance of precautionary order. - Where the

allegations in a protest so warrant, the Tribunal shall,

simultaneous with the issuance of summons, order the

municipal

treasurer

and

election

officer,

and

the

responsible personnel and custodian to take immediate

steps or measures to safeguard the integrity of all the

ballot boxes and their contents, lists of voters with

voting records, books of voters, and other documents or

paraphernalia used in the election, as well as data

storage devices containing electronic data evidencing

the

conduct

and

the

results

of

elections

in

the

contested precincts. (n)

Rule 37. When ballot boxes and election documents

are brought before the Tribunal. -

(a) Within forty-eight hours from receipt of the answer

with counter-protest, if any, the Tribunal shall, when the

allegations in a protest or counter-protest warrants,

order the ballot boxes and their contents with their

keys, lists of voters with voting records, books of voters,

the

electronic

data

storage

devices,

and

other

documents, paraphernalia, or equipments relative to

the precincts involved in the protest or counter-protest,

to be brought before it. (R35a)

(b) The Tribunal shall notify the parties of the date and

time for the retrieval of the above-named items from

their

respective

custodians.

The

parties may send

representatives to witness the same. The absence,

however, of a representative of a party shall not be

reason to postpone or delay the bringing of the ballot

boxes, election documents, and data storage device,

into the custody of the Tribunal. (n)

(c)

The

Tribunal

may,

in

its

discretion,

seek

the

assistance of the Philippine National Police or the

Armed Forces of the Philippines in ensuring the safe

delivery of the ballot boxes and election paraphernalia

into the custody of the Tribunal. (n)

(d) Where any of the ballot boxes, ballots, election

returns,

election

documents

or

paraphernalia

mentioned

in

the

first

paragraph

above

are

also

involved in election contests before other for a, such as

the

Senate

Electoral

Tribunal

or

the

House

of

Representatives Electoral Tribunal, the Tribunal shall

have preferential right over the custody and revision of

ballots involved in simultaneous protests. The Tribunal

shall, however, make the appropriate coordination and

request with the other electoral bodies involved as to

temporary prior custody of ballot boxes and revision of

ballots and other documents and storage devices, or

the synchronization of such recount of ballots. (R35a)

(e)

The

expenses

necessary and incidental to the

bringing of the ballot boxes, election documents, and

devices shall be shouldered and promptly paid by the

protestant and counter-protestant, if any, in proportion

to the precincts involved. The expenses necessary and

incidental to the return of the ballot boxes, election

documents,

and

storage

devices

to

their

original

custodians or the proper electoral bodies after the

termination of the case shall be shared proportionately

by the protestant and protestee based on the number

of precincts respectively contested by them, (R36a)

REVISION OF VOTES

Rule 38. Start of revision. - The revision of votes shall

commence on the date specified in the preliminary

conference order, unless rescheduled by the Tribunal.

(n)

Rule 39. Revision Committees; under the Tribunal's

supervision. -

(a)

The

Tribunal

shall

constitute

such

number

of

Revision Committees (RC) as may be necessary. The

Tribunal's Clerk of Court shall submit a list of such

committees to the Chairman of the Tribunal for his

approval. (R37a)

(b) Each RC shall be composed of a Coordinator who

shall be a lawyer of the Tribunal, a recorder, a clerk, a

typist,

and

a

ballot

box

custodian

and

one

representative

each

from

the

protestant

and

the

protestee. The Chairman of the Tribunal shall designate

the RC Coordinators from among its personnel. The

parties shall also designate their respective alternative

representatives. (R37a)

(c) The RCs shall conduct the revision of votes in the

Tribunal', premises or at such other places as it may

designate but in every case under its strict supervision.

The members of the RCs shall discharge their duties

with the highest degree of integrity, conducting the

proceedings with the same dignity and discipline as if

undertaken by the Tribunal itself. They shall exercise

extraordinary

diligence

and

take

precautionary

measures

to

prevent

the

loss,

disappearance

or

impairment of the integrity of the ballots and other

election documents, whether electronic or printed, and

other election paraphernalia. (n)

Rule 40. Compensation of the members of the RCs. -

The

Tribunal

shall

fix

the

compensation

of

the

members of the RCs, including the fees for the supplies

and materials at One Thousand Five Hundred Pesos

(P1,500) per clustered precinct and shall be distributed

as follows:

(a) Chairman

P540.00

(b) Recorder

P240.00

(c) Ballot Box Custodian

P240.00

(d) Typist

P240.00

(e) Supplies/materials

P184.00

The amount of P6.00 shall also be allocated for storage

of

the

election

paraphernalia

and

P50.00

for the

honoraria

of

the

warehouse

handlers.

The

representatives

of

the

parties

shall

be

directly

compensated by their respective principals or by the

parties themselves. (n)

Rule 41. Continuous revision - Once commenced the

revision of votes shall continue from day to day as far as

practicable until terminated.

© Compiled By RGL

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