Session 3

HANDLING ELECTION CONTESTS UNDER THE PCOS AUTOMATED ELECTION SYSTEM

At the end of the session, the participants are expected to:

Understand the applicable substantive and procedural laws in handling election contests under a PCOS Automated Election System; Understand techniques in discovering electoral fraud in light of the automation of the elections; available modes of disposition of cases; sourcing experts in technical issues on genuineness of ballots, and how to detect paper securities and printing securities on the ballot;

 Develop skills in handling delay maneuvers during trial for the efficient and effective disposition of election contests.

Election Protest Under 2010 Automated Election

TERESITA DY-LIACCO FLORES
Retired Justice, COURT OF APPEALS Retired Commissioner, COMELEC Consultant, PHILJA

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You shall not act dishonestly in rendering judgment. Show neither partiality to the weak nor deference to the mighty, but judge your fellowmen justly.
Verse 15 Leviticus 1

A Judge's Prayer

...of thy infinite mercy so direct and dispose of my heart as a Judge that I may this day fulfil all my duty in thy fear and fall into no error of judgment...
Edward Ryan

RULES OF PROCEDURE FOR REGIONAL TRIAL COURTS IN ELECTION CONTESTS IN AN AUTOMATED ELECTION SYSTEM USING PRECINCT COUNT OPTICAL SCAN Municipal Positions Covered: Mayor Vice mayor SagguniangBayan Members

Automated Election System in the 2010 Election

The election system whereby an optical ballot scanner, called Precinct Count Optical Scan or PCOS, is provided in Precincts or Clustered Precincts into which optical scan paper ballots marked by hand by the voter are inserted to be counted.

The PCOS, after the voting closes in the precinct, consolidates the votes, prints the election returns and transmits the election results electronically to 3 servers: server in the Municipal/City/District Board of Canvassers, the server of the dominant majority and dominant minority parties, Kapisananngmga Broadcasters ngPilipinas (KBP) and accredited citizens arms authorised to do a parallel count and to the server in the COMELEC.

Official Ballots
the paper ballot with the pre-printed names of all candidates with ovals corresponding to each of the names printed the ovals are the spaces where voters express their choice through marking or shading using a marking pen

Picture Image of the Ballot

the Image of the Ballot captured by the PCOS machine at the time the voter feeds his/her ballots which image is later stored in a memory or removable data storage.

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Election Returns
the document in electronic or printed form, printed by the PCOS on a paper showing the date of the election, the province, municipality and precinct in which it is held, the votes in figures for each candidate in a precinct or clustered precincts.

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Election Returns .
The electronic election returns is electronically transmitted from the clustered precinct to the server of the MBOC/CBOC, the server of majority/minority political parties/Kapisananngmga Broadcasters ngPilipinas and accredited citizens arms authorised to do parallel count and to the server of the COMELEC.

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Consolidation Machine
refers to the machine used at the canvass proceedings to consolidate precinct results, municipal and city results, provincial results, as the case may be, for purposes of getting the total votes of all candidates at a particular canvass level.

Statement of Votes by Precinct, Municipality, City, District, Province, or Overseas Absentee Voting (OAV) Station
refers to a document in electronic and printed form generated by the canvassing or consolidating machines or computers during the canvass proceedings. This document records the votes obtained by candidates in each precinct, municipality, city, district, province, or OAV Station, as the case may be.

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Municipal/City/Distrlct/Provinc ial certificate of canvass

refers to a document in electronic and printed form containing the total votes in figures obtained by each candidate in a city/municipality/district/ province, as the case may be, the electronic form of which is the official canvass result in the aforementioned jurisdictions and is the one electronically transmitted to a higher canvass level.

Certificate of Canvass and Proclamation

refersto the official document in printed form that contains the name of all candidates who obtained the highest, number of votes in a particular constituency and certifies to said candidates' proclamation as winners.

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Data Storage Device

refers to the device where electronic documents are stored and from which said data may be obtained when necessary to verify the accuracy and correctness of election data. It includes the back-up storage device in which authentic electronic copies of said data are also stored.

Audit Log
refersto the document that contains the list of all activities performed by the PCOS machines from the time that it was powered on, until the time it is powered off.

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Electronic document
refers to either the picture image of the ballots and electronic copies of the election returns, of certificates of canvass and of the other electronic data relative to the processing done by the PCOS machines and the various consolidation machines.

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Election Contests
refer to:
election protests, or petitions for quo warrantounder the Omnibus Election Code.

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Election Protest
A petition contesting the election and returns of elective officials, grounded on frauds or irregularities in the conduct of the elections, the casting and counting of the ballots and the preparation and canvassing of returns.
Period to file: within ten(10) days from proclamation. N.B. The pendency of pre-proclamation controversy involving the validity of the proclamation asdefined by law shall suspend the running of the period to file election protest. ISSUE - Who obtained the plurality of valid votes cast.

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Quo Warranto Under the Omnibus Election Code

An election contest relating to the qualifications of an elected municipal official on the ground of ineligibility or disloyalty to the Republic of the Philippines.
ISSUE - Whether respondent possesses all the qualifications for the position and none of the disqualifications prescribed by law. A decision in a disqualification case against a candidate filed with the COMELEC before election does not constitute res judicatain a case filed after election against the elected/proclaimed official in a quo warranto proceedings on the same ground or cause of action. Except when the SC, has affirmed the COMELEC decisions.

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Cases Excluded from Court Jurisdiction

1) Cases anchored on the claim that any member of the Municipal Board of Canvassers (MBOC) or any other Board of Canvassers (BOC) or the Information technology capable person assisting the MBOC or BOC do not possess legal qualification or appointment.

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Cases Excluded from Court Jurisdiction

(cont)
2)Cases

anchored on the claim that there is/was illegal proceedings of the MBOC or BOC or that the canvassing is a sham or a more ceremony, of which the results are predetermined and manipulated as when any of the following circumstances are present: a) Precipitate canvassing; b) Terrorism; c) Lack of sufficient notice to the members of the MBOC; d) Improper venue.

Election Protests and Quo Warranto

How Initiated It shall be filed directly with the proper court in three legible copies plus such number of copies corresponding to the number of protestees or respondents. Each contest shall refer exclusively to one (1) office except in multi-positions, such as SangguniangBayan which may be consolidated in one case.

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Who May File Election Protest

Any candidate who was voted for the same office and who received the second or third highest number of votes or, in a multi-slot position, was among the next four candidates following the last-ranked winner duly proclaimed, as reflected in the official results of the election contained in the Statement of Votes by Precinct.
An election protest shall not include a petition for quo warranto.

Parties:
Protestant and Protestee

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Who May File Petition for Quo Warranto

Any registered voter who has voted in the election concerned.

A petition for quo warrantoshall not include an election protest.

Parties :
Petitioner and Respondent

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Mandatory Raffle of Election Protest or Quo Warranto Cases with Notice to Parties Stating Date and Time Except in Single Sala Stations

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Required Allegations of Initiatory Pleading in Election Protests

Rule 2, Sec. 11

Position Involved;
That protestant was a candidate who has duly filed a Certificate of Candidacy and has been voted for the same office; Date of Proclamation; Number of Votes Credited to the Parties Per Proclamation; Total Number of Precincts of the Municipality Concerned

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Required Allegations in Initiatory Pleading in Election Protests (cont)

The protested precincts and the votes of the parties therein per the Statement of Votes per Precinct; or

If the votes of the parties are not specified, It shall contain an explanation why not specified; Detailed specifications of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts.

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Other Requirements

Rule 2, Sec. 7
Proper Verification; Certificate of Non-Forum Shopping.

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Summary Dismissal of Election Contest MotuProprio, on any of the following Grounds:

The court has no jurisdiction over the subject matter; The election protest is insufficient in form and content as required in Section 11, Rule 2; The election protest is filed beyond the period prescribed in these Rules; The filing fee is not paid within the period for filing the election protest, and 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.

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If election protest requires 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 cash deposits must be paid by protestants. When Answer is filed and it contains a Counter-protest Jurisdiction over counter-protest is determined by seasonableness of filing of Answer within five (5)-day period from receipt of summons. A counter-protest requires payment of filing fee. If counter protest requires revision of ballots, etc, cash deposits will also be payable at the proper time.

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Things To Do After Filing of the Election Protest or Petition

Upon Filing of the Election Protest or Petition Within 24 hours * Issue summons requiring protestee to file answer within five (5) days from receipt of notice
Sec. 1, Rule 3

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Things To Do After Filing of the Election Protest or Petition

(cont)

Service of Summons
By serving a copy of the summons protestee/respondent in person or in case of refusal to receive or sign for it, by tendering the same.

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Things To Do After Filing of the Petition (cont)

Service of Summons
If for justifiable causes, protestee/respondent cannot be served in person, service may be effected by leaving copies of summons at: a) Residence of protestee/respondent as stated in the Certificate of candidacy with some person of suitable age and discretion residing therein; or,
b) Office or regular place of business of protestee/respondent with some competent person in charge thereof.

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Things To Do After Filing of the Petition (cont)

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, election officer and other personnel and custodian concerned to take immediate steps or measures to safeguard the integrity of all the memory cards, data storage devices containing electronic data evidencing the conduct and results of election in the contested precincts the ballot boxes with their keys, lists of voters with voting records, books of voters and other documents or paraphernalia used in the election. (Sec. 1, Rule 8)

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Things To Do After Filing of the Petition (cont)

Should there be a necessity for retrieval of all the foregoing paraphernalia, the order shall contain a notice to parties of the date and time of retrieval with instruction that parties may send representatives to witness the activity but their absence shall not be a reason to postpone or delay the activity. The Court when necessary may seek the assistance of PNP or AFP to ensure the safe delivery of the concerned paraphernalia.

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ANSWER (Rule 4)
Verified ; May set forth admissions and specific denials,

special and affirmative defenses, counter protest and compulsory counterclaim;

Allegations not specifically denied, deemed

admitted except un-liquidated damages and issues as to appreciation of ballots;

Defenses and objections not pleaded are

deemed waived;

Compulsory counterclaim or cross claim not

set up barred;
With proof of service of a copy upon the

protestee/respondent..

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EFFECT OF FAILURE TO FILE ANSWER WITHIN THE TIME ALLOWED Rule 4, Sec. 4(C) When the election protest does not involve ballot revision, and upon protestants motion and with notice to adverse counsel or party, the court shall proceed to render judgment on the basis of the allegations of the verified election protest granting the relief prayed for, unless the court in its discretion requires the protestant to submit evidence ex parte. If the election protest involves ballot revision, examination, verification or re-tabulation, the court shall order such revision of ballots or examination, verification or re-tabulation of election returns and render judgment based thereon.

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EFFECT OF FAILURE TO FILE ANSWER WITHIN THE TIME ALLOWED Rule 4, Sec. 4(C) (cont)

For a failure of protestee to file Answer, only the protestant may participate in the revision. The protestee or his representative may be present but without the right to register his comment.

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When answer contains counter-protest, the counter-protest must allege the facts required under Rule 2, Sec. 11 and must contain proper verification and certification of nonforum shopping.
Counter-protest requires an Answer from protestant. When answer cites grounds to dismiss, they 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.

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MOTION TO AMEND PLEADINGS Amendment in matters of form, such as a defect in the designation of the parties or other typographical or clerical errors may be summarily corrected at any stage of the proceedings on motion or motoproprio, provided no prejudice is caused thereby to the adverse party Substantial amendments that a.Broaden the scope of the action or b.Introduce an additional cause or causes of action may be allowed ONLY upon leave of court. Leave maybe refused if motion is made with intent to delay.

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PROHIBITED PLEADINGS
Motion to Dismiss the Petition except on the ground of lack of jurisdiction over the subject matter; Motion for a Bill of Particulars; Demurrer to Evidence; Motion for New Trial, or for Reconsideration of a Judgment, or for Reopening of Trial; Petition for Relief from Judgment; Motion for Extension of Time to File Pleadings, Affidavits or other papers; Memoranda, except as provided under Section 7, Rule 13 of these Rules; Motion to Declare the Protestee or Respondent in Default; Dilatory motion for postponement; Motion to Inhibit the Presiding Judge except on clearly valid grounds; Reply or Rejoinder; Third-party complaint.

PROHIBITED PLEADINGS (cont)

The court shall order within forty-eight (48) hours from receipt of the Answer with counter-protest, if any, and whenever the allegations in a protest or counter-protest so warrant, that the memory card of PCOS or other data storage devices containing electronic data evidencing the conduct and results of the election, hard copies of printed election returns, a. b. c. d. 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, such as printed Certificate of canvass (COC), Certificate of Canvass and Proclamation (COCP) and Statement of Votes by precinct.

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be brought before it with notice to parties containing date and time of retrieval from their respective custodians (Municipal Treasurer and Municipal Election Officer) Rule 8 Sec.2

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Expenses for Retrieval

Expenses necessary and incidental to the bringing of the ballot boxes and election documents subject with the protest and counter protest shall be shouldered and promptly paid by the protestant and counter protestant. 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.

LITIGATIONEVENTS
A.Mandatory Preliminary Conference (Rule 9)
Within three (3) 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. 2.
3. 4.

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The simplification of issues; The necessity or desirability of amendments to the pleadings; The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof; The limitation of the number of witnesses.

LITIGATIONEVENTS(cont)
5. The nature of the testimonies of the witnesses and whether they relate to evidence aliunde the ballots, or otherwise The withdrawal of certain protested or counterprotested 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) The number of revision committees to be constituted The procedure to be followed in case the election protest or counter-protest seeks, wholly or partially, the examination, verification or retabulation of election returns; and Such other matters as may aid in the prompt disposition of the case.

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6.

7. 8.

9.

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Notice to counsel, or to party without counsel required;

Presence of parties and counsel in preliminary conference mandatory; Preliminary Conference Brief submission mandatory with service of copy to adverse counsel or party.

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Contents of Preliminary Conference Brief

1. summary of admitted facts and proposed stipulation of facts; issues to be tried or resolved; pre-marked documents or exhibits to be presented, stating their purpose;

2. 3.

4.

manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners;

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Contents of Preliminary Conference Brief (cont)

5. 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.
7.

Manifestation of withdrawal of certain protested or counterprotested precincts, if such is the case; Proposed number of revision committees and names of their revisors and alternate revisors; and In case the election protest or counter-protest seeks the examination, verification or re-tabulation of election returns, the procedure to be followed.

8.

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Failure to Appear At Preliminary Conference or Failure to File Preliminary Conference Brief with its required contents
are Causes for DISMISSAL, motuproprio, of protest or counter -protest
Sec. 6, Rule 9

For failure of the protestee or counsel to appear at the preliminary conference, the court may allow the protestant to present evidence ex parte and render judgment based on the evidence presented.

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Preliminary Conference Order

Within three (3) days following the date of the preliminary conference, the court shall issue an order summarizing the matters taken up and stipulations or agreements reached during the conference.
The court shall specify in the preliminary conference order when the revision of ballots will commence, which shall be within five (5) days from the termination of the preliminary conference.

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B.
Revision of Ballots and Submission of Revisors Reports(Rule 10)
Revision Committee Composition 1. 2. 3. Chairperson (designated by the court from among its personnel); Protestants revisor (designated by protestant); Protesteesrevisor (designated by protestee).

** Parties shall designate their respective substitute revisors.**

There shall be as many revision committees as maybe necessary.

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Place of Revision
In the court premises or at such other place as may be designated by the court, but always under the courts strict supervision.

Duties of Revisors
Revisors shall discharge their duties with the highest degree of integrity, conducting the proceedings with the same dignity and discipline as if undertaken by the court itself. Exercise extraordinary diligence and take precautionary measures to prevent the loss, disappearance or impairment of the integrity of the ballots and election documents.

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Compensation of Revisors
Per Ballot Box - Php 700.00

Itemized as follows:
Chairman Php 400.00 Protestants Revisor 150.00 ProtesteesRevisor 150.00

* Plus: Php 500.00 per day for each party revisor

Above expenses are chargeable against the protestants cash deposit (Sec. 3, Rule 10)

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Anytime before scheduling Revision of Ballots, the court shall inquire about the security markings on the ballots and election documents from the COMELEC Chairman, who shall be obliged to indicate such markings and other vital information that may aid the court and the revisors in determining the authenticity of ballots and election documents. The parties shall be notified of the results of such inquiry.
Order of Revision

Revision of ballots shall start with those from the protested precincts.

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Revision Committees Working Hours

Monday to Friday, except on non-working holidays. 8:30 AM to 12:00 noon, and 1:30 PM to 4:30 PM With fifteen-minute (15) break allowed in each session. QUORUM :
Chairperson and a Party revisor is enough quorum Revision to continue, even if a party revisor is absent or late

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If protesteesrevisor is absent or late for 30 minutes and no alternate appears as a substitute -- the revision shall proceed but protestee shall be deemed to have waived the right to appear and to object to the ballots in the precinct or precincts scheduled for revision on that particular day. If the protestants revisor or the revisors of both parties and alternates fail to appear for no justifiable reason within one hour after fixed hours from the start of the revision -- the ballot boxes scheduled for revision on that day, and the corresponding keys in the possession of the chairperson, shall be returned to the ballot box custodian of the court and shall no longer be revised; It is understood that the parties waive their right to revise the same, and the chairperson concerned shall state such facts in the corresponding revision report.

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Prohibited Access During the Revision

Only the
- judge,
- clerk of court, - Three (3) members of the revision committee, - parties and their duly authorized representatives

shall have access to the revision area.

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Conduct of Revision
On the day and venue indicated, The Revision Committee shall convene. The following shall be the venue: a) Ballot boxes containing the ballots from the protested precincts; b) Data storage device used in the protested precincts be used to authenticate or assure genuineness of the ballots;

Conduct of Revision (cont)

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The Revision Committee, upon the request in writing of parties, will randomly pick the precinct from which they will do the recount. The revision of ballots shall be done manually and visually. Before the ballot box, the Revision Committee shall note: Before opening the ballot box, the recount committee shall note its condition as well as that of the locks or locking mechanism and record the condition in the recount report. From its observation, the recount committee must also make a determination as to whether the integrity of the ballot box has been preserved. The ballot box shall then be opened and the ballots shall be taken out. Prior to the actual conduct: of the recount of the votes the recount committee must authenticate each and every ballot to make sure that they were the same ballots that were cast and fed to the PCOS machine during the elections. The authentication shall be through the use of the PCOS machine actually used during the elections in the subject precinct, or by another device certified by the Commission as one that can perform the desired authentication requirement through the use of bar code and ultra-violet ray code detection mechanism.

Conduct of Revision (cont)

The votes appearing in election returns copy for the ballot box shall then be recorded in the minutes. Upon such determination, the recount committee shall then look at the ballot and count the votes as registered in each and every one of them for the contested position. The "valid" ballots shall first be counted, without regard to the votes obtained by the parties. This will be followed by the counting of the torn, unused and stray ballots, as classified at the poling place.

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Conduct of Revision (cont)

63

In looking at the shades or marks used to register votes, the recount committee shall bear in mind that the will of the voters reflected as votes in the ballots shall as much as possible be given effect, setting aside any technicalities. Furthermore, the votes thereon are presumed to have been made by' the voter and shall be considered as such unless reasons exist that will justify their rejection. However, marks or shades which are less than 50% of the oval shall not be considered as valid votes. Any issue as to whether a certain mark or shade is within the threshold shall he determined by feeding the ballot on the PCOS machine, and not by human determination.

Conduct of Revision (cont)

The rules on appreciation of ballots under Section 211 of the Omnibus Election Code shall apply suppletorily when appropriate. There shall be a tally sheet, of at least 5 copies, plus additional copies depending on the number of additional parties, that will be used for the tallying of the votes as they are counted, through the use of the tara or sticks. After all the ballots from one ballot box have been counted, the recount committee shall secure the contested ballots and complete the recount report for said precinct. Thereafter, it shall proceed to recount the votes on the ballots from the next precinct.

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Conduct of Revision (cont)

In case of multiple recount committees, the revisions shall be done simultaneously. In the event that the revision committee determines that the integrity of the ballots and the ballot box were not preserved, as when there is proof of tampering or substitution, it shall proceed to instruct the printing of the picture image of the ballots of the subject precinct stored in the data storage device for the same precinct. The commission shall provide a non-partisan technical person who shall conduct the necessary authentication process to ensure that the data or image stored is genuine and not a substitute. It is only upon such determination that the printed picture image can be used for the recount.

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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 (15) 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.

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Two Kinds of Revisors Report for Submission

1. Per Precinct Revision Report - to be signed and certified by the chairperson and party revisors and shall form part of the records of the case. Committee Report - summarizes the votes, ballot objections and claims, and significant observations made in the revision of ballots from the protested precincts and later from the counter-protested precincts. Each party furnished with a copy of the committee report may submit their comments thereon within a non-extendible period of three (3) days from notice.

2.

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Based on the results of such post-revision determination, the court with reasons cited, may 1. dismiss the protest without further proceedings, if and when no reasonable recovery was established from the twenty percent (20%) pinpointed precincts. or 2. In the event that there is reasonable recovery, 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.

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3. While revision of ballots in counterprotested precincts is taking place, the court shall examine and appreciate the original ballots of the protested precincts aided by the revisors per precinct report. 4. After the ballots in counter-protested precincts have been revised, the court shall also examine and appreciate the original ballots of the counter-protested precincts aided by the revisors per precinct report.

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In the appreciation of the ballots, and in rendering rulings on objections and claims to ballots of the parties, the court shall observe the following rules: (Rule 14,
Sec. 2)
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. 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. On Stray Ballots The court must specify and state in detail why the ballots are considered stray.

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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

On Claimed Ballots The court must specify the exact basis for admitting or crediting claimed votes to either party.

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TECHNICAL EXAMINATION
Motion for Technical Examination Contents: Within five (5) 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, a party may move for technical examination, specifying: a. The nature of the technical examination requested (e.g., fingerprint or handwriting 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.

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IF MOTION FOR TECHNICAL EXAMINATION IS GRANTED It shall start within five (5) days from notice to both parties and shall be completed within the period specified by the court, in no case to exceed twenty (20) successiveworking days, unless the court grants an extension based on exceptionally meritorious ground. Place and time of examination shall be included in the NOTICE to counsel or to parties without counsel. 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.

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EXPERTS to Conduct Technical Examination

Shall be provided by the requesting party; May come from the NBI, PNP Crime Lab, COMELEC, 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.

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PHOTOCOPYING OF BALLOTS AND ELECTION DOCUMENTS (Rule

12) Photocopying of Ballots and Election Documents Allowed BUT Simultaneous with Revision upon Such Terms and Conditions the Court Imposes Where Conducted:

Within

the premises of the court, near the revision area with a photocopier supplied by movant.

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

Movant shall bear photocopying. all expenses relative to

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PRESENTATION OF EVIDENCE (RULE 13)

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.

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Order of Presentation of Evidence

1. 2. 3. 4. Protestants evidence Protestees evidence Rebuttal Evidence No sur-rebuttal evidence allowed.

When introducing electronic evidence: Section 1. Burden of proving authenticity. The person seeking to introduce an electronic document in an election protest has the burden of proving its authenticity.

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Electronic Authenticating Document

Section 2. Manner of authentication. - Before any electronicdocument or data offered as authentic is received in evidence, its authenticity must be proved by any of the following means: a) By evidence that it had been digitally signed by the person purported to have signed the same; b) By evidence that other'appropriate security procedures or devices for authentication of electronic documents were applied to'the document; or c) By other evidence showing its integrity and reliability to the satisfaction of the judge.

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Section 1. Original of an electronic document or data. Anelectronic document or data shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by site or other means, shown to reflect the data accurately.

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Section 2. Copies as equivalent of the originals. - When a document is in two or more copies executed at or about the same time with identical contents, or is a counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which is accurately reproduces the original, such copies or duplicates shall be regarded as the equivalent of the original.

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Section 3. Affidavit of evidence. - All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to testify o n the matters contained therein. The affiant shall be made to affirm the contents of the affidavit in open session and may be cross-examined as a matter of right by the adverse party.

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Testimonial evidence shall be in affidavit form, in question and answer format, subject to adverse partys objections to inadmissible portions and to oral cross-examination. 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 submitted to the court and served on the adverse party at least three (3) days before 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.

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One (1)-Day-Cross-Examinationof-Witness Rule

SHALL BE STRICTLY ADHERED TO but, extension shall be subject to courts discretion. 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.

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Offer of Evidence
Shall be done orally on the last day of hearing of a partys evidence Adverse party shall immediately interpose objections 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 (3) days. If the court rejects any evidence offered, the party may make a tender of the excluded evidence.

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Reception of Evidence
Sec. 3, Rule 13

Once commenced, it shall continue from day to day as far as practicable until terminated. Presentation shall not exceed ten (10) successive days for each party, unless authorized by the Supreme Court.

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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.

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Disputable Presumptions
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.

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On election paraphernalia:
1. Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections are genuine; The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct; and The allocation, packing and distribution of election documents or paraphernalia were properly and timely done.

2.

3.

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Submission of Memoranda
After the parties have rested their case, the court may allow the parties to submit their respective memoranda within a nonextendible period of ten (10) days from the verbal ruling of the court on the last offer of exhibits; or, if the offer was made in writing, within ten (10) days from receipt of the written ruling of the court. No supplemental, reply or rebuttal memorandum shall be allowed.

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DECISION(Rule 14)
Rendition of Decision Within thirty (30) days from the date case is submitted for decision, but in no case beyond six (6) months after its filing, unless SC authorizes an extension in writing.

Failure to comply is 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.

The winner shall be the candidate who obtained the plurality of the valid votes cast.

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Several Judgments
When a several judgment is proper, court may render judgment against one or more of them, leaving the protest or petition to proceed against the others.

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Promulgation of Decision
The decision signed by the judge shall be promulgated by the reading of the dispositive portion in open court and its filing with the clerk of court, on a date set with due notice to the parties, or Through delivery of a copy of the signed decision to the clerk of court who shall forthwith indicate the date of rendition and cause true copies thereof to be served, personally or by registered mail, upon the counsel or the parties, if not represented by counsel.

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Finality of Decision
The decision of the court shall become final and executory five (5) days after filing with the clerk of court and receipt of notice by the parties.

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Entry of Judgment
If no appeal is filed within the time provided in these Rules, the judgment shall be entered by the clerk in the book of entries of judgments.
The date of finality of the judgment shall be the date of its entry. The record shall contain the dispositive part of the judgment and shall be signed by the clerk, with a certificate that such judgment has become final and executory.

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Notice of Final Decision

As soon as the decision becomes final, the clerk of court shall send notices to the COMELEC, DILG, and COA.

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APPEAL
All appeals from first level courts and second level courts in election protest or quo warranto shall be made to COMELEC. Within five (5) days after promulgation in open court or within five (5) days from receipt of the decision.
By filing a notice of appeal with the court that rendered the decision,

With copy served on the adverse counsel or party if not represented by counsel.

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Appeal Fee The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal.

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Immediate Transmittal of Records of the Case The clerk of court shall, within fifteen days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department, COMELEC , the complete records of the case, together with all the evidence, including the original and three copies of the transcript of stenographic notes of the proceedings.

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Execution Pending Appeal

On motion of the prevailing party with notice to the adverse party, the court, while still in possession of the original records, may, at its discretion, order the execution of the decision in an election contest before the expiration of the period to appeal, subject to the following rules:

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a. There must be a motion by the prevailing party with three(3) -day notice to the adverse party. Execution pending appeal shall not issue without prior notice and hearing. There must be good reasons for the execution pending appeal. The court, in a special order, must state the good or special reasons justifying the execution pending appeal. Such reasons must:
1. constitute superior circumstances demanding urgency that will outweigh the injury or damage should the losing party secure a reversal of the judgment on appeal; and 2. be manifest, in the decision sought to be executed, that the defeat of the protestee or the victory of the protestant has been clearly established.

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b. If the court grants an execution pending appeal, an aggrieved party shall have twenty (20) working days from notice of the special order within which to secure a restraining order or status quo order from the SC or the COMELEC.
The corresponding writ of execution shall issue after twenty (20) days, if no restraining order or status quo order is issued. During such period, the writ of execution pending appeal shall be stayed.

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Jurisdiction of the COMELEC in Certiorari Cases

The Commission on Elections has the authority to issue the extraordinary writs of certiorari, prohibition and mandamus only in aid of its appellate jurisdiction over decisions of the courts in election cases involving elective municipal and barangay officials.

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Preferential Disposition of Election Contests The courts shall give preference to election contests over all other cases, except habeas corpus.

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COSTS, DAMAGES AND ATTORNEY'S FEES (RULE 15)

Costs Allowed to the prevailing party as a matter of course. The court shall have the power, for special reasons, to apportion the costs, as may be equitable. The court may render judgment for costs if a protest, a counter-protest or a petition for quo warranto is dismissed. When a protest, a counter-protest or a petition for quo warranto is found to be frivolous, double or treble costs may be imposed on the protestant, the counter-protestant or the petitioner. Damages and Attorney's Fees

In all election contests, the court may adjudicate damages and attorney's fees, as it may deem just and as established by the evidence, if the aggrieved party has included such claims in the pleadings.

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FINAL PROVISIONS
(Rule 17)
Repealing Clause
All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof that are inconsistent with any provision of these Rules are hereby deemed repealed or modified accordingly.

Rules 35 and 36 of the 1993 COMELEC Rules of Procedure governing election contests and quo warranto cases before the trial courts are deemed superseded by these Rules.

Effectivity Clause
These Rules shall take effect on May 15, 2007 following their publication in two newspapers of general circulation in the Philippines not later than May 3, 2007.

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Thank you!