Article 6p. 6

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

expenses

incidental to revision but not limited to

supplies and miscellaneous expenses of the revision

committee.

When

the

court

determines

that

the

circumstances so demand, as when the deposit has

been depleted, it may require additional cash deposits.

Any unused cash deposit shall be returned to the party

making the same after complete termination of the

protest or counter-protest.

The same amount of cash deposit shall be required

from

the

protestee

(counter-protestant),

should

continuation

of

revision

be

ordered

pursuant

to

paragraph 2, Section 9, Rule 10 of these Rules. Once

required, the protestee (counter-protestant) shall pay

the cash deposit within a non-extendible period of

three days from receipt of the corresponding order.

(b) Failure to make the cash deposits required within

the prescribed time limit shall result in the automatic

dismissal of the protest, or counter-protest.

RULE 8 PRODUCTION AND CUSTODY OF

BALLOT BOXES AND ELECTION DOCUMENTS

SECTION 1. Issuance of precautionary protection

order . - Where the allegations in a protest so warrant,

and simultaneously with the issuance of summons, the

court shall order the municipal treasurer and election

officer concerned to take immediate steps or measures

to safeguard the integrity of all the ballot boxes, lists of

voters with voting records, books of voters and other

documents or paraphernalia used in the election.

SEC. 2. When ballot boxes and election documents

are brought before the court . - Within forty-eight

hours from receipt of the answer with counter-protest,

if any, and whenever the allegations in a protest or

counter-protest so warrant, the court shall order the

ballot boxes with their keys, lists of voters with voting

records,

books

of

voters and other documents or

paraphernalia

involved

in

the

protest

or

counter-protest, to be brought before it.

The court shall notify the parties of the date and time

for the retrieval from their respective custodians of the

ballot boxes and election documents. The parties may

send

representatives

to

witness

the

activity.

The

absence, however, of a representative of a party shall

not be reason to postpone or delay the bringing of the

ballot boxes and election documents into the custody

of the court.

The court, in its discretion, may 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 court.

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 fora , such as the Presidential

Electoral Tribunal, the Senate Electoral Tribunal, the

House of Representatives Electoral Tribunal or the

Commission

on

Elections,

which,

under COMELEC

Resolution

No.

2812

dated

17

October

1995,

have

preferential right over the custody and revision of

ballots involved in simultaneous protests, the court

shall make the appropriate coordination and request

with the higher tribunal involved as to temporary prior

custody of ballot boxes and revision of ballots and other

documents,

or

synchronization

of such revision of

ballots and other election documents.

The expenses necessary and incidental to the bringing

of the ballot boxes and election documents shall be

shouldered and promptly paid by the protestant. The

expenses necessary and incidental to the return of the

ballot boxes and election documents to their original

custodians or the proper tribunal 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.

RULE 9 PRELIMINARY CONFERENCE

SECTION 1. Preliminary conference; mandatory . -

Within three days after filing of the last responsive

pleading allowed by these Rules, or the expiration of

the

same

period without any responsive pleading

having been filed, the court shall conduct a mandatory

preliminary conference among the parties to consider:

(1) The simplification of issues;

(2) The necessity or desirability of amendments to the

pleadings;

(3) The possibility of obtaining stipulations or admission

of facts and of documents to avoid unnecessary proof;

(4) The limitation of the number of witnesses;

(5) The nature of the testimonies of the witnesses and

whether they relate to evidence aliunde the ballots, or

otherwise;

(6)

The

withdrawal

of

certain

protested

or

counter-protested precincts (especially those where the

ballot boxes or ballots are unavailable or are missing

and cannot be located or destroyed due to natural

disasters or calamities);

(7)

The

number

of

revision

committees

to

be

constituted;

(8) The procedure to be followed in case the election

protest or counter-protest seeks, wholly or partially, the

examination, verification or re-tabulation of election

returns; and

(9) Such other matters as may aid in the prompt

disposition of the case.

SEC.

2.

Notice

through counsel . - The notice of

preliminary conference shall be served on counsel or on

the party who has no counsel. Notice to counsel is

notice to the party, as counsel is charged with the duty

to notify the party represented.

SEC. 3. Appearances of parties . - It shall be the duty of

the parties and counsel to appear before the court in

person at the preliminary conference.

SEC. 4. Preliminary conference brief . - The parties

shall file with the court and serve on the adverse party,

in such manner as shall ensure their receipt at least one

day before the date of the preliminary conference, their

respective briefs which shall contain the following:

(1)

A

summary

of

admitted

facts

and

proposed

stipulation of facts;

(2) The issues to be tried or resolved;

(3)

The

pre-marked

documents

or

exhibits

to

be

presented, stating their purpose;

(4) A manifestation of their having availed or their

intention to avail themselves of discovery procedures or

referral to commissioners;

(5) The number and names of the witnesses, their

addresses,

and

the

substance

of

their

respective

testimonies. The testimonies of the witnesses shall be

by affidavits in question and answer form as their direct

testimonies, subject to oral cross examination;

(6) A manifestation of withdrawal of certain protested or

counter-protested precincts, if such is the case;

(7) The proposed number of revision committees and

names of their revisors and alternate revisors; and

(8) In case the election protest or counter-protest seeks

the examination, verification or re-tabulation of election

returns, the procedure to be followed.

SEC. 5. Failure to file brief . - Failure to file the brief or

to comply with its required contents shall have the

same effect as failure to appear at the preliminary

conference.

© Compiled By RGL

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