Article 5p. 5

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

SEC. 4. Effect of failure to plead . -

(a) Defenses and objections not pleaded . - Defenses

and

objections

not

pleaded

are

deemed

waived.

However, when it appears from the pleadings or the

evidence on record that the court has no jurisdiction

over the subject matter, that there is another action

pending between the same parties for the same cause,

or that the action is barred by a prior judgment or the

statute of limitations, the court shall dismiss the claim.

(b) Compulsory counterclaim or cross-claim not set up

barred . - A compulsory counterclaim, or a cross-claim

not set up shall be barred.

(c) Effect of failure to answer . -I n an election protest

that does not involve ballot revision or a petition for quo

warranto , if the protestee or respondent fails to file an

answer within the time allowed, the court shall, upon

motion of the protestant or petitioner with notice to the

protestee or respondent and upon proof of such failure,

proceed

to

render judgment on the basis of the

allegations of the verified election protest or petition for

quo warranto granting the relief prayed for, unless the

court

in

its

discretion

requires

the

protestant

or

petitioner to submit evidence ex parte .

However, in the case of election protests involving

ballot

revision

or

examination,

verification

or

re-tabulation of the election returns, the court shall

order

such

revision

of

ballots

or

examination,

verification or re-tabulation of election returns. The

court shall proceed to render judgment based on the

results of the revision or examination, verification or

re-tabulation of election returns. During the revision or

examination, verification or re-tabulation of election

returns,

only

the

revisors

of

the

protestant

may

participate.

The

protestee

or

duly

authorized

representative has the right to be present and observe

the proceedings without the right to object and make

claims to ballots and election returns.

SEC. 5. How to compute time . - In computing any

period of time prescribed or allowed by these Rules, or

by order of the court, or by any applicable statute, the

day of the act or event from which the designated

period of time begins to run is to be excluded and the

date of performance included. If the last day of the

period, as thus computed, falls on a Saturday, a Sunday,

or a legal holiday in the place where the court sits, the

time shall not run until the next working day.

SEC.

6.

Amendments;

limitations .

-

After

the

expiration of the period for the filing of the election

protest, counter-protest or petition for quo warranto ,

substantial amendments that broaden the scope of the

action or introduce an additional cause or causes of

action may be allowed only upon leave of court. Such

leave may be refused if it appears to the court that the

motion

was

made

with

intent

to

delay.

Any

amendment in matters of form, such as a defect in the

designation of the parties and other clearly clerical or

typographical errors, may be summarily corrected by

the court at any stage of the proceedings, at its

initiative or on motion, provided no prejudice is caused

thereby to the adverse party.

RULE 5 MOTIONS

SECTION 1. Motions must be in writing . - Except those

made

in

open

court

during

the

course

of

the

proceedings, all motions shall be in writing.

SEC. 2. Proof of service necessary . - No written motion

shall be acted upon by the court without proof of

service on the adverse party.

SEC. 3. No hearings on motions . - Motions shall not be

set for hearing, unless the court directs otherwise. No

oral argument shall be allowed in support thereof. The

adverse party may file written objections five days from

its service upon the expiration of which such motion is

deemed

submitted

for

resolution.

The

court

shall

resolve the motion within five days.

RULE 6 PROHIBITED PLEADINGS

SECTION 1. Prohibited pleadings and motions . - The

following pleadings, motions or petitions shall not be

allowed in the cases covered by these Rules:

(a) Motion to dismiss the petition except on the ground

of lack of jurisdiction over the subject matter;

(b) Motion for a bill of particulars;

(c) Demurrer to evidence;

(d) Motion for new trial, or for reconsideration of a

judgment, or for reopening of trial;

(e) Petition for relief from judgment;

(f)

Motion for extension of time to file pleadings,

affidavits or other papers;

(g) Memoranda, except as provided under Section 7,

Rule 13 of these Rules;

(h) Motion to declare the protestee or respondent in

default;

(i) Dilatory motion for postponement;

(j) Motion to inhibit the presiding judge except on

clearly valid grounds;

(k) Reply or rejoinder; and

(l) Third-party complaint.

SEC. 2. Grounds to dismiss must be set up in the

answer . - All grounds to dismiss an election protest or

petition for quo warranto must be set up or pleaded as

affirmative or special defenses. Defenses not raised are

deemed waived. The court may, in its discretion, hold a

preliminary hearing on the grounds so pleaded.

RULE 7 FILING FEES AND CASH DEPOSITS

SECTION 1. Filing fees . - No protest, counter-protest or

petition for quo warranto shall be accepted for filing

without the payment of a filing fee in the amount of

Three Thousand Pesos (P3,000.00) for each interest.

If claims for damages and attorney's fees are set forth in

a protest or counter-protest, additional filing fees shall

be paid in accordance with the schedule provided for in

Rule 141 of the Rules of Court, as amended.

SEC. 2. Cash deposit . - (a) In addition to the fees

prescribed in the preceding section, the protestant in

an election protest requiring revision of ballots or

examination, verification or re-tabulation of election

returns, or which may require the bringing to the court

of

copies

of

other

election

documents

and

paraphernalia, shall make a cash deposit with the court

in the following amounts:

(1) One Thousand Pesos (P1,000.00) for each precinct

involved in the protest or counter-protest; provided

that,

in

no

case

shall

the

deposit

be

less

than

Twenty-Five Thousand Pesos (P25,000.00) to be paid

upon the filing of the election protest (counter-protest);

(2) If the amount to be deposited does not exceed One

Hundred Thousand Pesos (P100,000.00), the same shall

be paid in full within ten days after the filing of the

protest; and

(3) If the deposit exceeds One Hundred Thousand Pesos

(P100,000.00), a cash deposit in the amount of One

Hundred Thousand Pesos (P100,000.00) shall be made

within ten days after the filing of the protest.

The balance shall be paid in such installments as may

be required by the court with at least five days advance

notice to the party required to make the deposit.

The cash deposit shall be applied by the court to the

payment of the compensation of revisors as provided

under Section 3, Rule 10 of these Rules and of all

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