Professional Documents
Culture Documents
Comelec Resolutions
Comelec Resolutions
9366
RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS
FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO
PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING
OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST
GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-LIST
SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013
NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS
THEREAFTER
Promulgation: 21 February 2012
The Commission on Elections (Commission), by virtue of the powers vested in it
by the Constitution, the Omnibus Election Code, Republic Act No. 7941 otherwise
known as The Party-List System Act, and other election laws, RESOLVED to
promulgate, as it hereby RESOLVES to prescribe the following RULES AND
REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION;
2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF
NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST
NOMINEES OF PARTY-LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER
THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY
13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS
THEREAFTER.
RULE 1
FILING OF PETITIONS FOR REGISTRATION
SEC. 1. Registration requirement Only organized groups duly registered with
the Commission, and which have manifested their desire to participate in the
party-list election, may participate in the Party-List System of Representation in
the House of Representatives.
SEC. 2. Who may file petition for registration. Organized groups not yet
registered with the Commission on Elections may file a petition for registration
under the party-list system. An organized group already registered need not to
register anew. However, it shall file with the Commission a manifestation of intent
to participate in the party-list election pursuant to Rule 3 hereof.
Party-list groups delisted may file anew a verified petition for
registration, Provided however: That party-list groups delisted shall be ineligible
to file a petition for registration in the election immediately following its delisting.
SEC. 3. Who may participate. The following organized groups may participate
in the party-list election:
a. Sectoral party an organized group of citizens whose principal advocacy
pertains to the special interests and concerns of the following sectors:
Labor; Peasant; Urban Poor; Indigenous Cultural Communities; Elderly;
Handicapped; Women; Youth; Overseas Workers; Fisherfolk; Veterans;
and Professionals;
b. Sectoral organization a group of qualified voters bound together by
similar physical attributes or characteristics, or by employment, interests
or concerns;
c. Political Party an organized group of qualified voters pursuing the same
ideology, political ideas and principles for the general conduct of the
government;
It is a national party when its constituency is spread over the geographical
territory of at least a majority of the regions. It is a regional party when
its constituency is spread over the geographical territory of at least
majority of the cities and provinces comprising the region.
d. Coalition an aggrupation of duly-registered national, regional. Sectoral
parties or organizations for political and/or election purposes.
SEC. 4 Where to file petition for registration. The verified petition for
registration by any of the abovementioned organized groups, signed by their
President/Chairman or, in his absence, their Secretary-General, shall be filed with
the Office of the Clerk of the Commission, Commission on Elections, Manila, in
twelve (12) legible copies. Petitions filed by mail, telegram or facsimile shall not
be accepted.
In case two separate petitions are filed for the same organized group, one signed
by the President/Chairman and the other by the Secretary-General, both petitions
shall be dismissed.
SEC. 5. When to file petition for registration. Petitions for registration shall
be filed not later than the last working day of March of the year immediately
preceding the next regular national and local elections during regular working
hours.
SEC. 6. Petition for Registration, Contents. The petition for registration shall
be verified and shall state the following: a) name and acronym of the petitioner,
with the acronym not exceeding twenty (20) characters; b) nature of the
organization: whether it is a sectoral party, sectoral organization, political party
or coalition; c) the sector or sectors which it seeks to represent; d) the name and
address of its President/Chairman or, in his absence, the Secretary-General, who
will represent the party in the petition; e) petitioners principal headquarters and
postal office address; f) names, positions, and addresses of its elected officers;
g) petitioners intention or desire to participate in the party-list election; h) names
and addresses of its chapter offices; i) that all of its officers and members are
made aware of the petition and have given their consent thereto; j) the list of
documents attached to the petition; k) names, addresses and representatives of
sectoral parties or organizations affiliated with the petitioner, which affiliates need
not be registered with the Commission, but have given their consent thereto; l)
that it is not a religious sect or denomination, organization or association
organized for religious purposes; m) that it shall not advocate violence or
unlawful means to achieve its goals; n) that it is not an adjunct or a project
organized or an entity funded or assisted by the government; o) that it is not a
foreign party or organization; p) that it does not receive support for partisan
political purposes from any foreign government, foreign political party,
foundation, organization, whether directly or indirectly, or through it officers or
members, or indirectly through third parties; q) the period of existence of
petitioner, which shall be at least one (1) year at the time the petition is filed;
and r) that it commits to comply with the laws, rules and regulations relating to
elections.
The President/Chairman or, in his absence, the Secretary-General representing
the party shall affix his signature on the verification portion of the petition stating
under oath that he is one of the officers of the petitioner duly authorized to verify
the petition; that he has caused the preparation and filing of the petition; and
that he read and understood the contents of the petition and acknowledge the
same to be true and correct based on his personal knowledge.
SEC. 7. Documents to support petition for registration. The following
documents shall support petitions for registration:
a. Constitution and by-laws as an organization seeking registration under the
party-list system of representation;
b. Platform or program of government;
c. List of all its officers and members (national, regional, provincial,
city/municipal) particularly showing that the majority of its membership
and officers belong to the marginalized and underrepresented sector/s it
seeks to represent;
d. Manifestation of intent to participate in the next immediately succeeding
national and local elections, and list of at least five (5) nominees;
Track record summary showing that it represents and seeks to uplift the
marginalized and underrepresented sector/s it seeks to represent;
A filing fee of Ten Thousand Pesos (P 10,000.00), and a legal research fee of One
Hundred Pesos (P 100.00) shall be charged for each petition.
SEC. 8. Receiving and recording of petitions for registration. Upon receipt
of the requirements provided for in Section 6 and 7 hereof, the Office of the Clerk
of the Commission shall receive and acknowledge receipt of the petition for
registration by stamping every copy of each petition with the date and time of its
receipt, and the signature of the personnel who actually received the same.
Petitions shall be docketed and a docket number shall be assigned thereto. As
soon as the petition is docketed, the Office of the Clerk of the Commission shall
furnish the Law Department with a copy of the petition.
SEC. 9. Procedure for Registration. Upon docketing the petition for
registration, the Office of the Clerk of the Commission shall determine if the
petition is in due form, and if all information required is complete. Within seven
(7) days from receipt of the petitions for registration for registration, it shall
submit the petitions received together with its findings and recommendations to
the Commission.
Upon receipt of the petition from the Office of the Clerk of the Commission, the
Commission shall require the petitioner to publish at his expense in two (2)
national newspapers of general circulation duly accredited by the Commission on
Elections the following;
a. The petition;
b. Manifestation of intent to participate
c. List of nominees and certificate of nomination; and
d. Order of the Commission requiring the publication with the date of the
hearing of the petition.
The Commission, after due notice and hearing, shall resolve the petition within
fifteen (15) days from the date it was submitted for resolution but not later than
the last working day of September of the year immediately preceding the next
regular national and local elections, inclusive of resolutions of motions for
reconsideration elevated to the Commission en banc.
RULE 2
OPPOSITION TO A PETITION FOR REGISTRATION
SEC. 1. Opposition to a petition for registration; Where to file. A verified
opposition to a petition for registration may be filed with the Office of the Clerk of
the Commission, Commission on Elections in Manila, by any interested party on
any of the grounds mentioned in Section 2 hereof.
SEC. 2. Grounds for opposition to a petition for registration. The
Commission may deny due course to the petition motu proprio or upon verified
opposition of any interested party, after due notice and hearing, on any of the
following grounds:
a. It is a religious sec or denomination, organization or association organized
for religious purposes;
b. It advocates violence or unlawful means to achieve its goal;
c. That it is adjunct of, or a project or an entity funded or assisted by, the
government;
d. It is a foreign party or organization;
e. It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or indirectly or through
its officers or members or indirectly through third parties for partisan
election purposes;
f.
i.
j.
The petition has been filed to put the election process in mockery or
disrepute, or to cause confusion among the voters by the similarity of
names or registered parties, or by other circumstances or acts which
clearly demonstrate that the petitioner has no bona fide intention to
represent the sector for which the petition has been filed and thus prevent
a faithful determination of the true will of the electorate.
For purposes of the May 13, 2013 national and local elections, the last day for the
filing of manifestation of intent to participate shall be on May 31, 2012 in
accordance with Comelec Resolution No. 9359, promulgated February 8, 2012.
SEC. 4. Contents of manifestation of intent to participate. The
manifestation of intent to participate shall be under oath and state the following:
a) name, acronym and nature of the filer, whether a sectoral party, sectoral
organization, political party or coalition; b) the date of its registration with the
Commission; c) that at no time has it ceased to exist for a period of one (1) year
from the time of its registration; d) that it did not fail to participate in the last
two (2) preceding elections or did not fail to obtain at least two per centum (2%)
of the votes cast under the party-list system in the two (2) preceding elections
for the constituency in which it has registered; and e) its desire to participate in
the party-list election.
RULE 4
PARTY-LIST NOMINEES
2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1) year
immediately preceding election day;
4. Able to read and write;
5. A bona fide member of the party he seeks to represent for at least ninety
days preceding election day;
6. At least twenty-five (25) year of age;
within six (6) months before an election, he shall not be eligible for nomination as
party-list representative under his new party or organization.
SEC. 3. Effects of acceptance of nomination. Nominees holding appointive or
elective offices may continue to hold office even after acceptance of their
nomination, and the one-year prohibition from being hired or rehired in a public
office after their party-list organizations fail to secure the needed votes to qualify
them for a seat in the House of Representatives, shall not apply to them.
Incumbent sectoral representatives in the House of Representatives who are
nominated in the party-list system shall not be considered resigned.
SEC. 4. Withdrawal of nomination or acceptance of
nomination. Withdrawal of nominations or acceptance of nominations shall be in
writing and under oath, and filed with the Law Department of the Commission in
Manila before the close of polls.
A nominee who withdraws his acceptance to the nomination shall not be eligible
for nomination by other parties.
SEC. 5. Nomination of Party-List representatives. A person may be
nominated in one (1) list only. Only persons who have given their consent in
writing may be named in the list. The list shall not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election. No change of names or alteration of the order of
nominees shall be allowed after the same shall have been submitted to the
COMELEC except in cases where the nominee dies, or withdraws in writing his
nomination, becomes incapacitated in which case the name of the substitute
nominee shall be placed last in the list.
SEC. 6. Vacancy. In case of vacancy in the seats reserved for party-list
representatives, the vacancy shall be automatically filled by the next
representative from the list of nominees in the order submitted to the COMELEC
by the same party, organization, or coalition, who shall serve for the unexpired
term. If the list is exhausted, the party, organization coalition concerned shall
submit additional nominees.
SEC. 7. Term sharing of nominees. Filing of vacancy as a result of term
sharing agreement among nominees of winning party-list groups/organizations
shall not be allowed.
SEC. 8. Publication. The Education and Information Department shall cause the
immediate publication of the list of nominees in two (2) national newspaper of
general circulation.
RULE 5
PETITION TO DENY DUE COURSE OR TO CANCEL
CERTIFICATE OF NOMINATION OF PARTY-LIST NOMINEES
SEC. 1. Petition to deny due course and/or cancellation; Grounds. A
verified petition seeking to deny due course the nomination of nominees of partylist groups may be filed by any person exclusively on the ground that a material
misrepresentation has been committed in the qualification of the nominees.
SEC. 2. Petition for disqualification, Ground; - A verified petition seeking the
disqualification of nominees of party-list groups may be filed by any person when
the nominee has been declared by final decision of a competent court guilty of, or
found by the Commission of having:
a. Given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions;
b. Committed acts of terrorism to enhance his candidacy;
c. Spent in the campaign an amount in excess of that allowed by law;
d. Solicited, received or made any contribution prohibited under
Section 89, 95, 96, 97 and 104 of the Omnibus Election Code; or
e. Violated any of Sections 83, 86 and 261, paragraphs d, e, k, v, and cc,
sub-paragraph 6 of the Omnibus Election Code.
SEC. 3. Where to file petitions. The petitions herein mentioned shall be filed
with the Office of the Clerk of the Commission, Commission on Elections in
Intramuros, Manila;
Petition for disqualification filed with office other than with the Office of the Clerk
of the Commission shall not be accepted.
SEC. 4. When to file petitions. Petitions for denial / cancellation /
disqualification of party-list nominees shall be filed as follows:
a. Petition to deny due course or cancellation of nomination of party-list
nominees shall be filed within five (5) days after the publication of the list
of nominees; and
b. Petition for disqualification of party-list nominees shall be filed at any day
not later than the date of proclamation.
SEC. 5. Procedure in filing petitions. For purposes of the preceding sections,
the following procedure shall be observed:
compliance with existing Comelec rules and regulations and payment of fees that
the Commission may require.
SEC. 5. Effectivity. This Resolution shall take effect seven (7) days after its
publication in two (2) daily newspapers of general circulation in the Philippines.
The Education and Information Department of the Commission shall cause the
publication of this Resolution in two (2) daily newspapers of general circulation in
the Philippines.
SEC. 6. Dissemination. The Education and Information Department of the
Commission shall furnish copies of this Resolution to all field officials of the
Commission, the President/Chairman or in his absence, the Secretary-General of
all parties, organization or coalitions registered under the party-list system of
representation.
10. Notwithstanding the deputation, the AFP shall continue with the conduct of
all Internal Security Operations or its own functions and responsibilities.
SEC. 3. Precedence of COMELEC Orders. Orders issued by the Commission
in connection with the May 12, 2012 special barangay and SK elections shall take
precedence over and above the orders and directives issued by any other office
or agency of the Government, except the Supreme Court and those issued in
habeas corpus cases.
SEC. 4. Effectivity. This Resolution shall take effect after its publication in at
least two (2) daily newspapers of general circulation in the Philippines.
SEC. 5. Dissemination. The Executive Director shall furnish copies of this
Resolution to the Secretary of the Department of National Defense, Chief of Staff
of the AFP, the Regional Election Directors, Provincial Election Supervisors and
Election Officers concerned. The Executive Director shall coordinate with the
above-named department and offices for effective implementation hereof.
The Education and Information Department shall cause the publication of this
Resolution in at least two (2) newspapers of general circulation in the Philippines,
and disseminate this resolution for the information of the public.
a) Commission shall refer either to the Commission en banc or to any of its two
Divisions, unless otherwise indicated.
For purposes of these Rules, electronic documents refer to either the picture
image of the ballots and electronic copies of the election returns, of statements of
votes, of certificates of canvass, and of the other electronic data relative to the
processing done by the PCOS machines and the various consolidation machines.
PART II
PRE-PROCLAMATION CONTROVERSIES
Rule 3
Coverage of Pre-Proclamation Controversies
Section 1. Pre-Proclamation Controversy. A pre-proclamation controversy
refers to the proceedings of the board of canvassers which may be raised by any
candidate or by any registered political party or coalition of political parties, or by
any accredited and participating party list group, before the board or directly with
the Commission. It covers only two issues:
a. Illegal composition of the Board of Canvassers (BOC);
b. Illegal proceedings of the BOC.
The basis of the canvass shall be electronically transmitted results.
Section 2. Jurisdiction of the Commission in Pre-Proclamation
Controversies. - COMELEC has exclusive jurisdiction in pre-proclamation
controversies arising from national, regional or local elections.
A pre-proclamation controversy may be raised by any candidate or by any
registered political party, organization, or coalition of political parties before the
BOC, or directly with the Commission.
Issues affecting the composition or proceedings of the Boards may be initiated by
filing a verified petition before the Board or directly with the Commission.
If the petition is filed directly with the Board, its decision may be appealed to the
Commission within three (3) days from issuance thereof. However, if commenced
directly with the Commission, the verified petition shall be filed immediately when
the board begins to act illegally, or at the time of the appointment of the member
of the board whose capacity to sit as such is objected to.
Section. 3. Rights of Political Parties and Candidates Before the Board of
Canvassers in Pre-Proclamation Cases. a) All registered political parties, organizations, or coalitions of political parties,
and accredited citizens' arms, and candidates, have the right to be present and to
Commission shall have the same docketed and forthwith issue summons to the
parties to be affected by the petition, with a directive for the latter to file their
answer within five (5) days from receipt. Thereafter the case shall be deemed
submitted for resolution, which shall not be later than seven (7) days from
receipt of the answer.
Rule 5
Canvass on Manually Prepared Election Returns
Section 1. Canvass of Manually Prepared Election Returns. - If by reason of
the implementation of a continuity plan, election returns and/or certificate of
canvass are manually prepared and transported to the BOC for canvass, said
continuity plan together with the General Instructions for the Board of Canvassers
shall primarily apply, supplemented whenever applicable, by the regular
COMELEC Rules of Procedure and these rules.
PART III
ELECTION PROTEST
Rule 6
Election Protest
Section 1. Jurisdiction o f the Commission on Elections. - The Commission
on Elections, through any of its two Divisions, shall have exclusive original
jurisdiction over all election protests involving elective regional (the autonomous
regions), provincial, and city officials.
Section 2. Election protest. - A petition contesting the elections or returns of
an elective regional, provincial, or city official shall be filed with the Commission
by any candidate who was voted for in the same office and who Commission by
any candidate who was voted for in 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. The party
filing the protest shall be designated as the protestant; the adverse party shall be
known as the protestee.
Section 3. How Initiated. - An election protest or petition for quo warranto
shall be filed directly with the Commission in ten (10) legible copies plus such
number of copies corresponding to the number of protestees, within a nonextendible period of ten days following the date of proclamation.
Each contest shall refer exclusively to one office but contests for offices of the
Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang Panglungsod
may be consolidated in one case.
Rule 8
Answer and Counter-Protest
Section 1. Verified answer; counter-protest. - Within five days from receipt
of the summons and a copy of the protest the protestee shall file an answer in
ten (10) legible copies, with proof of service of a copy upon the protestant. The
answer shall be verified and may set forth admissions and denials, special and
affirmative defenses and a compulsory counterclaim. The protestee may
incorporate a counter-protest in the answer.
The counter-protest shall specify the counter-protested precincts and any votes
of the parties therein per the Statement of Votes, or if not so specified, an
explanation why the votes are not specified, and a detailed specification of the
acts or omissions complained of showing the electoral frauds, anomalies or
irregularities in the counter-protested precincts.
Section 2. Answer to counterclaim or counter-protest. - The protestant
shall answer the counterclaim or counter-protest within a non-extendible period
of five days from notice.
Section 3. Allegations in the answer. (a) Specific denial. --- A protestee must specify each material allegation of fact
the truth of which is not admitted and, whenever practicable, shall set forth the
substance of the matters relied upon in support of the denial. The protestee shall
specify so much of the averments that are true and material and shall deny the
remainder.
Section 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 Commission 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 Commission shall dismiss the claim.
Section 4. Return. - When the service has been completed by personal service,
the server shall give notice thereof, by registered mail, to the protestant or his
counsel and shall return the summons to the Clerk of the Commission who issued
it, accompanied with the proof of service.
Section 5. Proof of Service. - Proof of service of summons shall be made in the
manner provided for in the Revised Rules of Court of the Philippines.
(b) Allegations not specifically denied deemed admitted. --- Material averment in
the protest other than the amount of unliquidated damages and issues as to the
recount or appreciation of ballots, shall be deemed admitted when not specifically
denied.
c) Effect of failure to answer. --- In an election protest that does not involve
ballot recount, if the protestee fails to file an answer within the time allowed, the
Commission shall, upon motion of the protestant with notice to the protestee,
and upon proof of such failure, require the protestant to submit evidenceex parte.
d) However, in the case of election protests involving ballot recount or
examination, or verification or re-tabulation of the election returns, the
Commission shall order such recount of ballots or re-tabulation of election
returns. The Commission shall proceed to render judgment based on the results
of the recount or re-tabulation of election returns. During the recount or retabulation of election returns, only the protestant, or his representative, may
participate. The protestee or his duly authorized representative has the right to
be present and observe the proceedings without the right to register his comment
on the ballots and election returns.
Section 5. How to compute time. - In computing any period of time prescribed
or allowed by these Rules, or by order of the Commission, or by any applicable
statute, the day of the act or the 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 on the place where the Commission sits, the time shall not run until the
next working day.
Section 6. Amendments; limitations. - After the expiration of the period for
the filing of the election protest or counter-protest, 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 the Commission. Such leave may be
refused if it appears 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 Commission at any stage of the proceedings, at its initiative or on motion,
provided no prejudice is caused thereby to the adverse party.
Rule 9
Motions
Section 1. Motions must be in writing. - Except those made in open session
during the course of the proceedings, all motions shall be in writing.
A motion shall state the order sought to be obtained and the grounds upon which
it is based.
Section 2. Proof of service necessary. - No written motion shall be acted
upon by the Commission without proof of service on the adverse party.
Rule 12
Production and Custody of Ballot Boxes, Election Documents,
Data Storage Devices, and Machines Used in the Elections
Section 1. Issuance of precautionary protection order. - Where the
allegations in a protest so warrant, and simultaneously with the issuance of
summons, the Commission shall order the municipal treasurer and election
officer, and the responsible personnel and custodian 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, as well as data storage devices containing electronic data evidencing the
conduct and the results of elections in the contested precincts.
Section 2. When ballot boxes and election documents are brought before
the Commission. - Within forty-eight hours from receipt of the answer with
counter-protest, if any, and whenever the allegations in a protest or counterprotest so warrant and when it finds the same necessary, the Commission shall
order the ballot boxes with their keys, lists of voters with voting, records, books
of voters, the electronic data storage devices, and other documents,
paraphernalia, or equipments relative to the precincts involved in the protest or
counter-protest, to be brought before it.
The Commission shall notify the parties of the date and time for the retrieval
from their respective custodians of the ballot boxes, other election documents,
data storage devices, equipments. 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, election
documents, and data storage devices, into the custody of the Commission.
The Commission, 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
Commission.
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, which, under
COMELEC Resolution No. 2812 dated 17 October 1995, have preferential right
over the custody and recount of ballots involved in simultaneous protests, the
Commission shall make the appropriate coordination and request with the
tribunal involved as to temporary prior custody of ballot boxes and recount of
ballots and other documents and storage devices, or the synchronization of such
recount of ballots. The expenses necessary and incidental to the bringing of the
ballot boxes, election documents, and devices shall be shouldered and promptly
paid by the protestant and the counter-protestant, if any, in proportion to the
precincts involved. The expenses necessary and incidental to the return of the
ballot boxes, election documents, and storage devices 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 13
Preliminary Conference
Section 1. Preliminary conference; mandatory. - Within three days after the
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
Commission shall conduct a mandatory preliminary conference among the parties
to consider:
a) The simplification of issues;
b) The necessity or desirability of amendments to the pleadings;
c) The possibility of obtaining stipulations or admission of facts and of documents
to avoid unnecessary proof;
d) The limitation of the number of witnesses;
e) The nature of the testimonies of the witnesses and whether they relate to
evidence aliunde, the ballots or otherwise;
f) 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);
g) The number of recount committees to be constituted;
h) 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
i) Such other matters as may aid in the prompt disposition of the case.
Section 2. Notice through counsel. - The notice of preliminary conference
shall be served on the 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.
Section 3. Appearances of parties. - It shall be the duty of the parties and
counsel to appear before the Commission in person at the preliminary
conference.
Section 4. Preliminary conference brief. - The parties shall file with the
Commission 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:
a) A summary of admitted facts and proposed stipulation of facts;
b) The issues to be tried or resolved;
c) The pre-marked documents or exhibits to be presented , stating their purpose;
d) A manifestation of their having availed or their intention to avail themselves of
discovery procedures or referral to commissioners;
e) 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;
f) A manifestation of withdrawal of certain protested or counter-protested
precincts, if such is the case;
g) The proposed number of recount committees and names of their
representative, and their alternates; and
h) In case the election protest or counter-protest seeks the examination,
verification or re-tabulation of election returns, the procedure to be followed.
Section 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.
Section 6. Effect of failure to appear. - The failure of the protestant or
counsel to appear at the preliminary conference shall be cause for
dismissal, motu proprio, of the protest or counter-protest. The failure of the
protestee or counsel to appear at the preliminary conference gives the
Commission the discretion to allow the protestant to present evidence ex
parte and render judgment based on the evidence presented:
Section 7. Preliminary conference order. - Within three days following the
date of the preliminary conference, the Commission shall issue an order
summarizing the matters taken up and stipulations or agreements reached during
the conference. The Commission shall specify in the preliminary conference order
when the recount of ballots will commence, which shall be within five days from
the termination of the preliminary conference.
Rule 14
Subpoena
Section 1. Subpoena Ad Testificandum or Subpoena Duces Tecum. Subpoena ad testificandum or subpoena duces tecum may be issued by the
Division motu propio, or upon request of the parties in any case.
Chairman
P520.00.
b.
Recorder
P240.00
c.
Ballot Box
Custodian
P240.00
d.
Typist
P240.00
e.
Supplies/material
s
P184.00
The amount of P6.00 shall also be allocated for storage of the election
paraphernalia and P50.00 for the honoraria of the warehouse handlers. The
Representatives of the parties shall be directly compensated by their respective
principals or by parties themselves.
Section 4. Continuous Recount. - Once commenced, the recount shall
continue from day to day as far as practicable until terminated.
a) Period for Recount. --- recount shall be conducted from 8:30 o'clock in the
morning to 12:00 noon and from 1:30 to 4:30 o'clock in the afternoon from
Monday to Friday, except on non-working holidays. The members of the Recount
Committee may take a fifteen-minute break in each session.
b) Recount to continue even if a party representative is absent or late. --- The
recount of ballots shall not be delayed or postponed by reason of the absence or
tardiness of a party representative as long as the Recount Coordinator and one
party representative are present. The Commission may at any time designate
another Recount Coordinator if the regular Recount Coordinator fails for any
reason to report.
c) If the representative of the protestee is absent or late. ---If the representative
of the protestee is absent or late for thirty minutes and no alternate appears as a
substitute, the recount shall, nevertheless, commence; the protestee shall be
deemed to have waived the right to appear and to object to the ballots in the
precinct or precincts scheduled for recount on that particular day.
d) If the representative of protestant or counter-protestant, or of both parties fail
to appear. --- If the representative of the protestant, or of both parties and
alternates fail to appear for no justifiable reason within one hour after fixed hours
from the start of the recount, the ballot boxes scheduled for that day, and the
corresponding keys in the possession of the chairperson, shall be returned to the
ballot box custodian of the Commission and shall no longer be recounted; it is
understood that the parties waive their right to recount the same, and the
Recount Coordinator concerned shall state such facts in the corresponding
Recount report.
j) Only when the recount committee, through the recount coordinator, determines
that the integrity of the ballots has been preserved, will the recount proceed.
k) 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.
l) 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.
m) The rules on appreciation of ballots under Section 211 of the Omnibus
Election Code shall apply suppletorily when appropriate.
n) 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.
o) 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.
p) In case of multiple recount committees, the recount shall be done
simultaneously.
q) In the event that the recount 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.
Rule 17
Photocopying of Ballots
Section 1. Photocopying simultaneous with recount. - On motion of a party,
the Commission may allow the photocopying or reproduction of paper ballots and
election documents, upon such terms and conditions as it may impose. The
photocopying or reproduction, if allowed, must start at the commencement of
recount and, as far as practicable, must be completed simultaneously with the
termination of recount.
Section 2. Where conducted; parties to provide own photocopying
units. - Photocopying shall be done within the premises of the COMELEC, or at or
near the area where the recount is conducted, and shall be under the supervision
of the Clerk of the Commission. The party concerned shall provide an efficient
photocopying unit and shall bear all expenses relative thereto.
Rule 18
Presentation of Evidence
Section 1. Presentation and reception of evidence; order of hearing. - The
reception of evidence on all matters or issues raised in the protest and counterprotests shall be presented and offered in a hearing upon completion of (a) the
recount of ballots, or re-tabulation of election documents, or (b) the technical
examination, if warranted.
Reception of evidence shall be made in accordance with the following order of
hearing:
a) The protestant shall present evidence in support of the protest;
b) The protestee shall then adduce evidence in support of the defense,
counterclaim or counter-protest, if any;
c) The parties may then respectively offer rebutting evidence only, unless the
Commission for good reasons, in the furtherance of justice, permits them to offer
evidence upon their original case; and
d) 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 Commission
and served on the adverse party at least three 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.
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 Commission, at
its discretion, may extend the cross-examination for justifiable reasons.
The recount reports, as well as the objected and claimed ballots referred to
therein, shall automatically form part of records of the Commission and may be
adopted by the parties as their evidence.
b.2) The data and information supplied by the members of the Boards of Election
Inspectors in the accountable forms are true and correct; and
b.3) The allocation, packing and distribution of election documents or
paraphernalia were properly and timely done.
c) On appreciation of ballots:
c.1) A ballot with appropriate security markings is valid;
c.2) The ballot reflects the intent of the voter;
c.3) The ballot is properly accomplished;
c.4) A voter personally prepared one ballot, except in the case of assistors; and
c.5) The exercise of one's right to vote was voluntary and free.
Rule 19
Decisions
Rule 21
Electronic Evidence
Section 1. Original of an electronic document or data. - An electronic
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.
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.
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the
same extent as the original if:
a) A genuine question is raised as to the authenticity of the original; or
b) In the circumstances it would be unjust or inequitable to admit a copy in lieu
of the original.
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 on 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.
Section 4. Transmittal of Decisions and Orders. - The Clerk of the
Commission shall transmit the Commission decision and orders through the
fastest means available and through the official fax line to the BOC, and other
concerned parties, which shall verify the same and comply with the decision or
order.
Rule 22
Authentication of Electronic Documents and Data