Article 36p. 36

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(d) The votes of the parties per physical count of the

paper ballots.

(e) The votes of the parties per ballot-box copy of the

election returns

(f) The number of ballots questioned by the parties

indicating their exhibit number

(g) The number of torn unused and stray ballots

(h) The entries in the Minutes of Voting and Counting

particularly

(1) The number of registered voters

(2) The number of voters who actually voted

(3) The number of official ballots together with their

serial number used in the election

(4) The number of ballots actually used indicating the

serial numbers of the ballots and

(5)

The

unused

ballots

together

with

their

serial

numbers.

The revision forms shall be made available prior to the

revision. The per-precinct revision report shall be signed

and certified to by the revision coordinator and the

representatives of the parties, and shall form part of the

records of the case. The tally sheet used for the revision

shall be attached to the report.

In addition to the per-precinct revision report, the RC

shall also prepare and submit to the Tribunal, within

seven (7) days from the termination of the revision, a

committee

report

summarizing

the

data,

cotes,

questions on the ballots, significant observations made

in the revision of votes from each of the protested

precincts

and,

later

from

the

counter-protested

precincts, and comments and objections in case of

disagreement

between

RC

members

Each

party

furnished with a copy of the committee report may

submit

their

comments

thereon

within

a

non-extendible period of seven days from notice. (n)

Rule 45. Inquiry as to security markings and vital

information relative to ballots and election documents.

- When a revision of ballots is ordered and for the

guidance of the members of the Revision Comments.

The Tribunal shall direct the COMELEC to give advice

and instructions to the RCs on the security markings on

the ballots and election documents. The Tribunal shall

likewise designate a technical person who assists the

RCs in authenticating electronic documents if needed,

as well as in transforming the same to a form that can

make them observable to the Tribunal. (n)

TECHNICAL EXAMINATION

Rule 46. Motion for technical examination; contents. -

Within five days after completion of the revision of

votes,

either

party

may

move

for

a

technical

examination, specifying:

(a) The nature of the technical examination requested

(e.g. the examination of the genuineness of the ballots

or election returns, and others);

(b)

The

documents

to

be

subjected

to

technical

examination;

(c) The objections made in the course of the revision of

votes which he intends to substantiate with the results

of the technical examination; and

(d) The ballots and election returns covered by such

objections. (R43a)

Rule 47. Technical examination time limits. - The

Tribunal

may

grant

the

motion

for

technical

examination in its discretion and other such conditions

as it may impose. If the motion is granted the Tribunal

shall schedule the technical examination, notifying the

other parties at least five days in advance. The technical

examination shall be completed within the period

allowed

by

the

tribunal.

A

party may attend the

technical examination, either personally or through a

representative,

but the technical examination shall

proceed with or without his attendance, provided due

notice has been given to him.

The technical examination shall be conducted at the

expense of the movant and under the supervision of

the

Clerk

of

the

tribunal

of

his

duly

authorized

representative. (R44)

Rule 48. Experts who shall provide. - The tribunal shall

independent experts necessary for the conduct of a

technical

examination.

The

parties

may

avail

themselves of the assistance of their own experts who

may observe, but not interfere with, the examination

conducted by the experts of the Tribunal. (R45)

Rule 49. Technical examination not interrupted. - Once

started, the technical examination shall continue every

working day until completed or until expiration of the

period granted for such purpose. (R46)

Rule 50. Photographing or electronic copying. - Upon

prior

approval

of

the

Tribunal,

photography

or

electronic

copying

of

ballots,

election

returns

or

election documents shall be done within its premises

under the supervision of the Clerk of the Tribunal or his

duly authorized representative, with the party providing

his

own

photographing

or

electronic

copying

equipment. (R47a)

Rule 51. Scope of technical examination. - Only the

ballots, election returns and other election documents

allowed by the Tribunal to be examined shall be subject

to such examination. (R48)

SUBPOENAS

Rule 52. Who may issue. - The Tribunal may issue

subpoena ad testificandum or subpoena duces tecum

motu proprio or upon request of any of the parties.

(R50)

Rule

53.

Form

and

contents

-

A

subpoena

ad

testificandum , signed by the Clerk of the Tribunal shall

state the name of the Tribunal, the title of the action

and be directed to the person whose attendance is

required

Asubpoena

ducestecum

shall

contain

a

reasonable description of the books, documents or

things demanded which appear prima facie relevant.

(R51)

Rule 54. Authority of Hearing Commissioners to issue

subpoena.

-

The

Tribunal

may

authorize

Hearing

Commissioners to issue subpoenas in cases assigned to

them for reception of evidence. (R52)

RECEPTION EVIDENCE

Rule

55.

Hearings

-

After

the

submission

of

all

Revision/Correction Reports, the Tribunal may delegate

the reception of evidence to a Hearing Commissioner

who is a member of the Bar (R53)

Rule

56.

Preliminary

conference.

-

The

Hearing

Commissioner shall fix a date for the reception of

evidence

and

submission

of

the

affidavits

of

the

witnesses of the parties, with the adverse parties being

furnished copies.

Reception of the evidence shall be done at the offices

of the Tribunal unless Hearing Commissioner directs its

reception in some other place (R54)

Rule 57. Procedure of hearings. - At the hearings, the

affidavits of the witnesses submitted by the parties

shall constitute their direct testimonies. Witnesses who

testify may be subject to cross - examination, redirect or

re-cross examination. Should the affiant fail to testify,

his affidavit shall not be considered as competent

evidence for the party presenting the affidavit, but the

adverse party may utilize the same for any admissible

purpose.

© Compiled By RGL

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