Article 37p. 37

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

Except on rebuttal or surrebuttal, no witness shall be

allowed to testify unless his affidavit was previously

submitted to the Tribunal

However, should a party desire to present additional

affidavits or counter-affidavits as part of his direct

evidence, he shall manifest during the preliminary

conference, stating their purpose. If allowed by the

Tribunal, the additional affidavits of the protestee shall

be submitted to the Tribunal and serve on the adverse

party not later than five days after the termination of

the preliminary conference. If the additional affidavits

are presented by the protestant, the protestee may file

his

counter-affidavits

and

serve

the same on the

protestant within five days of such service. (R55a)

Rule 58. Cross-examination; effect of absence of a

party. - In the reception of evidence of a party before a

Hearing Commissioner, the other party has a right to be

present and to cross-examine the witness presented.

The Hearing Commissioner may proceed ex parte in

the absence of the other party provided he has been

duly notified of the hearing.

If a party presenting evidence fails to appear at the time

and place designated, the Hearing Commissioner may

adjourn the proceedings to a future day, giving notice

to the absent party of his attorney of the adjournment.

The delay shall be charged to the party's period to

present evidence. (R56)

Rule 59. Hearing Commissioner to rule on objections. -

The Hearing Commissioner receiving the evidence shall

rule

on

objections

made

in

the

course

of

cross-examination subject to review by the Tribunal.

An exception to a ruling of the Hearing Commissioner

shall not suspend the reception of evidence. (R57)

Rule 60. Procedure after hearing by Commissioner. -

The Hearing Commissioner shall submit the evidence

presented,

together

with

the

transcripts

of

the

proceedings held before him, to the Tribunal within five

days. (R58)

Rule 61. Time limit for presentation of evidence. - Each

part is given a period of thirty working days to complete

the presentation of his evidence, including its format

offer. This period shall begin from the first date set for

the presentation of the party's evidence. Either before

the Tribunal or a Hearing Commissioner.

The hearing for any particular day or days may be

postponed or canceled upon the request of either

party. The delay caused by such postponement shall be

charged to the period for presenting evidence of the

movant.

The following shall not be charged against the period

allotted to either party:

(a)

The

period

when

presentation

of

the

party's

evidence is suspended by order of the Tribunal or the

Hearing Commissioner by reason of the pendency of an

issue in the nature of a prejudicial question which must

first be resolved before the hearing can continue: and

(b)The time taken up in the cross-examination of his

witnesses by the other party.

A party may present rebuttal or surrebuttal evidence

during the remainder of the thirty-day period that he

has

not

utilized

for

the

presentation

of

his

evidence-in-chief (R59)

Rule 62. Evidence not formally offered, inadmissible -

Evidence not formally offered shall not be admitted and

considered by the Tribunal in deciding the case (R60)

Rule 63. When submitted; contents - Within twenty

days from receipt of the Tribunal's ruling on the last

offer of evidence by the protestee , the parties shall

simultaneously submit their respective memoranda

setting forth briefly.

(a) The facts of the case;

(b)

A

complete

statement

of

all

the

arguments

submitted in support of their respective views of the

case:

(c) Objections to the ballots adjudicated to or claimed

by the other party in the revision of ballots:

(d) Refutation of the objections of the other party to the

ballots adjudicated to or claimed in the revision of

ballots

(e) Objections to the tallying of election returns and

certificates of canvass raised by the other party in the

correction of manifest error; and

(f) Refutation of the objections raised by the other party

to the tallying of election returns and certificates of

canvass in the correction of manifest error.

All

evidence,

as

well

as

objections

to

evidence

presented by the other party, shall be either referred to

or contained in the memorandum or in an appendix

thereto (R61)

Rule 64. Supplemental or rebuttal memorandum. -

When required or allowed by the Tribunal, a party shall

a supplemental or rebuttal memorandum (R62)

INITIAL DETERMINATION OF THE GROUNDS

FOR PROTEST

Rule 65. Dismissal, when proper - The Tribunal may

require the protestant or counter-protestant to indicate

, within a fixed period , the province or provinces

numbering not more than three best exemplifying the

frauds or irregularities alleged in his petition and the

revision of ballots and reception of evidence will begin

with such provinces. If upon examination of such ballots

and proof and after making reasonable allowances, the

Tribunal is convinced that, taking all circumstances into

account, the protestant or counter-protestant will most

probably fail to make out his case, the protest may

forthwith be dismissed, without further consideration

of the other provinces mentioned in the protest.

The preceding paragraph shall also apply when the

election protest involves correction of manifest errors.

(R63)

VOTING

Rule 66. Votes required. - In resolving all matters or

questions submitted to the Tribunal, including the

rendition of a decision and the adoption of resolutions,

the concurrence of a majority of the Members present

constituting a quorum, who actually took part in the

deliberations on the issue of the case and voted therein,

shall be necessary. (R64)

DECISION

Rule 67. Procedure in deciding contests. - In rendering

its decision, the Tribunal shall follow the procedure

prescribed for the Supreme Court in Sections 13 and 14,

Article VIII of the Constitution. (R65)

Rule

68.

Promulgation

of

decision.

-

After

the

judgment and dissenting opinions, if any, are signed,

they shall be delivered for filing with the Clerk of the

Tribunal who shall cause true copies to be served

personally upon the parties or their counsel (R66)

Rule

69.

Finality of decision. - The decision shall

become final ten days after receipt of a copy by the

parties or their counsel if no motion for reconsideration

is filed.

No motion shall be entertained for the reopening of a

case; a motion for reconsideration of a decision may be

allowed under the evidence of record, A party may file a

motion for reconsideration within ten days from service

of a copy of the decision, No party may file more than

one motion for reconsideration, copy of which shall be

© Compiled By RGL

37 of 98