Article 8p. 8

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

SEC. 7. Order of revision . - Revision of ballots shall start

with those from the protested precincts, subject to the

provisions of Section 9 hereof.

SEC. 8. 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 revisors, the court shall inquire

about the security markings on the ballots and election

documents

from

the

Chairman,

Commission

on

Elections,

who

shall

be

obliged

to

indicate

such

markings and other vital information that may aid the

court in determining the authenticity of ballots and

election documents. The parties shall be notified of the

results of such inquiry.

SEC. 9. Post-revision determination of the merit or

legitimacy

of

protest

prior

to

revision

of

counter-protest . -

Immediately after the revision of

ballots or the examination, verification or re-tabulation

of

election

returns

in

all

protested

precincts,

the

protestant shall be required to pinpoint a number of

precincts, corresponding to twenty percent of the total

revised protested precincts, that will best attest to the

votes recovered or will best exemplify the frauds or

irregularities pleaded in the protest. In the meanwhile,

the revision of ballots or the examination, verification or

re-tabulation

of

election

returns

in

the

counter-protested precincts shall be suspended for a

period not exceeding fifteen days, during which the

court shall determine through appreciation of ballots or

election documents the merit or legitimacy of the

protest

relative

to

the

twenty

percent

pinpointed

precincts.

Based

on

the

results

of

such

post-revision

determination,

the

court

may

dismiss

the protest

without further proceedings, if and when no reasonable

recovery was established from the twenty percent

pinpointed precincts, or proceed with revision of the

ballots or the examination, verification or re-tabulation

of election returns in the counter-protested precincts.

In the latter case, the protestee shall be required to pay

the cash deposit within a non-extendible period of

three days from notice.

SEC. 10. Continuation of appreciation of ballots . -

While the ballots or election documents from the

counter-protested precincts are being revised, the court

shall continue with its appreciation of ballots from the

remaining revised eighty percent protested precincts

and,

once

completed,

shall

proceed

with

the

appreciation

of

ballots from the counter-protested

precincts.

RULE 11 TECHNICAL EXAMINATION

SECTION

1.

Motion

for

technical

examination;

contents .

-

A

party

may

move

for

the

technical

examination

within

five

days

after

completion

of

revision in the protest or counter-protest, except when

it involves allegation of massive substitute voting in the

protest or counter-protest, specifying:

(a) The nature of the technical examination requested

( e.g. , fingerprint examination, etc .);

(b)

The

documents

to

be

subjected

to

technical

examination;

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

ballots which the movant intends to substantiate with

the results of the technical examination; and

(d) The ballots covered by such objections.

SEC. 2. Technical examination; time limits . - The court

may grant the motion for technical examination at its

discretion and under such conditions it may impose. If

the motion is granted, the technical examination shall

start within five days from notice to both parties and

shall be completed within the period specified by the

court, in no case to exceed twenty successive working

days, unless the court grants an extension based on

exceptionally meritorious ground. A party may attend

the technical examination, either personally or through

a representative. However, the technical examination

shall proceed with or without the attendance of the

party, provided due notice has been given to the party.

The expenses for technical examination shall be for the

account of the party requesting the examination and

under the supervision of the clerk of court.

SEC. 3. Experts; who shall provide . - Experts necessary

for the conduct of technical examination shall be

provided by the party requesting the same and may

come from the National Bureau of Investigation, the

Philippine National Police(PNP) Crime Laboratory, the

Commission on Elections, or experts in private practice.

The other party may secure the services of an expert

who

may

only

observe,

not

interfere

with,

the

examination conducted by the experts of the movant.

RULE 12 PHOTOCOPYING OF BALLOTS

SECTION

1.

Photocopying

simultaneous

with

revision . - On motion of a party, the court may allow

the photocopying of ballots and election documents,

upon such terms and conditions as it may impose. The

photocopying,

if

allowed,

must

start

at

the

commencement of revision and, as far as practicable,

must

be

completed

simultaneously

with

the

termination of revision.

SEC. 2. Where conducted; parties to provide own

photocopying units . - Photocopying shall be done

within the premises of the court, near the revision area,

and shall be under the supervision of the clerk of court.

The

party

concerned

shall

provide

an

efficient

photocopying unit and shall bear all expenses relative

thereto.

RULE 13 PRESENTATION OF EVIDENCE

SECTION 1. Presentation and reception of evidence;

order of hearing . - If at the preliminary conference the

parties have agreed on issues aliunde the ballots or

other

election

documents (e.g., vote-buying, fraud,

terrorism or violence), the reception of evidence on the

issues, including the testimonies of witnesses, shall be

done simultaneously with the revision of ballots.

The reception of evidence on all other matters or issues

incidental to or interwoven with the ballots and related

election documents shall be made upon completion of

(a) the revision of ballots or election documents, or (b)

the technical examination, if allowed by the court under

the provisions of Rule 11 of these Rules.

Reception of evidence shall be made in accordance

with the following order of hearing:

(1) The protestant or petitioner shall present evidence in

support of the protest or petition;

(2) The protestee or respondent shall then adduce

evidence in support of the defense, counterclaim or

counter-protest, if any;

(3) The parties may then respectively offer rebutting

evidence only, unless the court for good reasons, in the

furtherance of justice, permits them to offer evidence

upon their original case; and

(4) No sur-rebuttal evidence shall be allowed.

In offering testimonial evidence, the party shall require

the proposed witness to execute an affidavit which

shall be considered as the direct testimony, subject to

the

right

of

the

adverse

party

to

object

to

its

inadmissible portions and to orally cross-examine the

witness.

The

affidavit

shall

be

based on personal

knowledge, shall set forth facts as would be admissible

in evidence, and shall show affirmatively that the

affiant is competent to testify on the matters stated

therein. The affidavit shall be in question and answer

form. The affidavit shall be submitted to the court and

served on the adverse party at least three days before

© Compiled By RGL

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