Article 9p. 9

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

the hearing. Failure to submit the affidavit of a witness

within the specified time shall constitute a waiver of

the party's right to present testimonial evidence.

The one-day-cross-examination-of-witness rule, that is,

a witness has to be fully cross-examined in one day only

shall be strictly adhered to. The court, at its discretion,

may

extend

the

cross-examination

for

justifiable

reasons.

The

revision reports, as well as the objected and

claimed ballots referred to therein, shall automatically

form part of court records and may be adopted by the

parties as their evidence.

SEC. 2. Offer of evidence . - The court shall consider no

evidence that has not been formally offered. Offer of

evidence shall be done orally on the last day of hearing

allowed for each party after the presentation of the last

witness.

The

opposing

party

shall

be

required to

immediately interpose objections thereto. The court

shall rule on the offer of evidence in open court.

However, the court may, at its discretion, allow the party

to make an offer of evidence in writing, which shall be

submitted within three days. If the court rejects any

evidence offered, the party may make a tender of the

excluded evidence.

SEC. 3. Reception of evidence continuous . - Reception

of evidence, once commenced, shall continue from day

to day as far as practicable until terminated. In no case

shall the entire period for reception of evidence exceed

ten successive days for each party from the first day of

such reception, unless authorized by the Supreme

Court.

SEC. 4. Adjournments and postponements . - No

motion for postponement shall be allowed, except for

clearly meritorious reasons, in no case to exceed three

times of three calendar days interval each. The filing of

dilatory pleadings or motions shall constitute direct

contempt of court and shall be punished accordingly.

SEC. 5. Burden of proof . - Burden of proof is the duty of

a party to present evidence of the facts in issue,

necessary to establish one's claim or defense.

SEC. 6. Disputable presumptions . - The following

presumptions

are

considered

as

facts,

unless

contradicted and overcome by other evidence:

(a) On the election procedure:

(1) The election of candidates was held on the date and

time set and in the polling place determined by the

Commission on Elections;

(2)

The

Boards

of

Election

Inspectors

were

duly

constituted and organized;

(3)

Political

parties

and

candidates

were

duly

represented by pollwatchers;

(4) Pollwatchers were able to perform their functions;

and

(5) The Minutes of Voting and Counting contains all the

incidents that transpired before the Board of Election

Inspectors.

(b) On election paraphernalia:

(1) Ballots and election returns that bear the security

markings and features prescribed by the Commission

on Elections are genuine;

(2) The data and information supplied by the members

of the Boards of Election Inspectors in the accountable

forms are true and correct; and

(3) The allocation, packing and distribution of election

documents or paraphernalia were properly and timely

done.

(c) On appreciation of ballots:

(1) A ballot with appropriate security markings is valid;

(2) The ballot reflects the intent of the voter;

(3) The ballot is properly accomplished;

(4) A voter personally prepared one ballot, except in the

case of assistors; and

(5) The exercise of one's right to vote was voluntary and

free.

SEC. 7. Submission of memoranda . - The court may

allow the parties to submit their respective memoranda

within a non-extendible period of ten days from the

verbal ruling of the court on the last offer of exhibits; or,

if the offer was made in writing, within ten days from

receipt

of

the

written

ruling

of

the

court.

No

supplemental, reply or rebuttal memorandum shall be

allowed.

RULE 14 DECISION

SECTION 1. Rendition of decision . - The court shall

decide the election contest within thirty days from the

date it is submitted for decision, in no case beyond six

months

after its filing, unless the Supreme Court

authorizes an extension in writing. Failure to comply

herewith shall be considered a serious offense and shall

be ground for disciplinary action against the judge. In

addition, after the expiration of six months, the judge

shall be relieved of all duties and functions, except to

decide the election case.

An election protest is deemed submitted for decision

after completion of the reception of evidence or, if the

parties were allowed to submit memoranda, upon

submission of such memoranda or the expiration of the

period for their filing, whichever is earlier. In an election

protest,

the

winner

shall

be

the

candidate

who

obtained the plurality of the valid votes cast.

SEC. 2. Form of decision in election protests . - After

termination

of

the

revision

of

ballots

and

before

rendering

its

decision

in

an

election protest that

involved such revision, the court shall examine and

appreciate

the

original

ballots.

The

court,

in

its

appreciation of the ballots and in rendering rulings on

objections and claims to ballots of the parties, shall

observe the following rules:

(a) On Marked Ballots - The court must specify the

entries in the ballots that clearly indicate that the

intention of the voter is to identify the ballot. The

specific markings in the ballots must be illustrated or

indicated;

(b) On Fake or Spurious Ballots - The court must specify

the COMELEC security markings that are not found in

the ballots that are considered fake or spurious;

(c) On Stray Ballots - The court must specify and state

in detail why the ballots are considered stray;

(d) On Pair or Group of Ballots Written by One or

Individual Ballots Written By Two - When ballots are

invalidated on the ground of written by one person, the

court must clearly and distinctly specify why the pair or

group of ballots has been written by only one person.

The specific strokes, figures or letters indicating that

the ballots have been written by one person must be

specified. A simple ruling that a pair or group of ballots

has been written by one person would not suffice. The

same is true when ballots are excluded on the ground

of having been written by two persons. The court must

likewise take into consideration the entries of the

Minutes of Voting and Counting relative to illiterate or

disabled voters, if any, who cast their votes through

assistors, in determining the validity of the ballots found

to be written by one person, whether the ballots are in

pairs or in groups; and

(e) On Claimed Ballots - The court must specify the

exact basis for admitting or crediting claimed votes to

either party.

SEC. 3. Several judgments . - In a protest or petition

against several protestees or respondents, the court

may,

when

a

several

judgment

is

proper,

render

judgment against one or more of them, leaving the

protest or petition to proceed against the others.

© Compiled By RGL

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