Article 4p. 4

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

SEC. 7. Petition must be verified and accompanied

by a certificate of non-forum shopping . - An election

protest or a petition for quo warranto shall be verified

by an affidavit stating that the affiant has read the

petition and that the allegations therein are true and

correct

of

affiant's

own

knowledge

or

based

on

authentic records. A verification based on " information

and belief " or upon the " knowledge, information and

belief " is not a sufficient verification.

The protestant or petitioner shall sign personally the

certificate

of

non-forum shopping which must be

annexed to the election protest or petition for quo

warranto .

An

unverified

petition

or

one

with

insufficient

verification

or

unaccompanied

by

a

certificate

of

non-forum shopping shall be dismissed outright and

shall not suspend the running of the reglementary

period to file an election protest or petition for quo

warranto .

SEC.

8.

Period

to

file

protest

or

petition;

non-extendible . - The election protest or petition for

quo warranto shall be filed within the non-extendible

period of ten days following the date of proclamation.

SEC. 9. Pendency of pre-proclamation controversy . -

The

pendency

of

a

pre-proclamation

controversy

involving the validity of the proclamation as defined by

law shall suspend the running of the period to file an

election protest or petition for quo warranto .

SEC. 10. COMELEC judgment in disqualification case .

- A decision of the Commission on Elections, either in

division or en banc , in a disqualification case shall not

bar the filing of a petition for quo warranto based on

the same ground, except when the Supreme Court has

affirmed the COMELEC decision.

SEC. 11. Contents of the protest or petition . - An election

protest or petition for quo warranto shall specifically

state the following facts:

(a) the position involved;

(b) the date of proclamation; and

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

proclamation.

An election protest shall also state:

(d) the total number of precincts of the municipality or

the barangay concerned;

(e) the protested precincts and votes of the parties in

the protested precincts per the Statement of Votes By

Precinct or, if the votes of the parties are not specified,

an explanation why the votes are not specified; and

(f) a detailed specification of the acts or omissions

complained of showing the electoral frauds, anomalies

or irregularities in the protested precincts.

SEC. 12. Raffle of cases . - The Supreme Court shall

designate the courts which shall take cognizance of

election

protests

and

petitions

for

quo

warranto .

Assignment of cases to such courts shall be done

exclusively through raffle conducted by the executive

judge or by the judges designated by the Supreme

Court.

No

court

may

assume

jurisdiction over an

election

contest

unless

assigned

to

it

by

raffle.

Twenty-four hours before the raffle, the clerk of court

must serve notice personally on the parties, stating its

date and time. Proof of service shall be submitted. The

raffle shall be open to the public. The Supreme Court

shall issue the necessary circular implementing this

proviso.

The Court may order a change of venue or place of trial

for compelling reasons to avoid a miscarriage of justice.

SEC. 13. Summary dismissal of election contest . - The

court

shall

summarily

dismiss,

motu

proprio ,

an

election protest, counter-protest or petition for quo

warranto on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;

(b) The petition is insufficient in form and content as

required in Section 11 hereof;

(c) The petition is filed beyond the period prescribed in

these Rules;

(d) The filing fee is not paid within the period for filing

the election protest or petition for quo warranto ; and

(e) In case of protest where a cash deposit is required,

the cash deposit is not paid within five days from the

filing of the protest.

RULE 3 SUMMONS

SECTION 1. Summons . - Within twenty-four hours from

the filing of the protest or petition, the clerk of court

shall

issue

the

corresponding

summons

to

the

protestee or respondent, together with a copy of the

protest or petition, requiring the filing of an answer

within a non-extendible period of five days from notice.

SEC. 2. Service of summons . - The summons shall be

served

by

handing

a

copy

to

the

protestee

or

respondent in person or, in case of refusal of the

protestee or respondent to receive and sign for it, by

tendering the same.

If, for justifiable causes, the protestee or respondent

cannot be served in person as provided above, service

may be effected by leaving copies of the summons at:

(a) the residence of protestee or respondent with some

person of suitable age and discretion residing therein,

or

(b) the office or regular place of business of protestee or

respondent with some competent person in charge

thereof.

SEC. 3. By whom served . - The summons shall be

served by the sheriff, deputy sheriff, process server or

any suitable person authorized by the court issuing the

summons.

RULE 4 ANSWER AND COUNTER-PROTEST

SECTION 1. Verified answer; counter-protest . - The

answer shall be verified and may set forth admissions

and denials, special and affirmative defenses and a

compulsory

counterclaim.

The

protestee

may

incorporate a counter-protest in the answer. Within five

days from receipt of the summons and a copy of the

protest or petition, the protestee or respondent shall

file an answer in three legible copies, with proof of

service of a copy upon the protestant or petitioner.

The counter-protest shall specify the counter-protested

precincts and any votes of the parties therein per the

Statement of Votes By Precinct, or, if not so specified,

an explanation why the votes are not specified, and a

detailed

specification

of

the

acts

or

omissions

complained of showing the electoral frauds, anomalies

or irregularities in the counter-protested precincts.

SEC. 2. Answer to counterclaim or counter-protest . -

The

protestant

or

petitioner

shall

answer

the

counterclaim

or

counter-protest

within

a

non-extendible period of five days from notice.

SEC. 3. Allegations in the answer . -

(a) Specific denial . - A protestee or respondent must

specify each material allegation of fact the truth of

which is not admitted and, whenever practicable, shall

set forth the substance of the matters relied upon in

support of the denial. The protestee or respondent shall

specify so much of the averments that are true and

material and shall deny the remainder.

(b)

Allegations

not

specifically

denied

deemed

admitted . - Material averment in the protest or petition,

other than the amount of unliquidated damages and

issues as to the appreciation of ballots, shall be deemed

admitted when not specifically denied.

© Compiled By RGL

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