Rules of House of Representatives Electoral Tribunal

8/12/2019 Rules of House of Representatives Electoral Tribunal

http://slidepdf.com/reader/full/rules-of-house-of-representatives-electoral-tribunal 1/23

Republic of the Philippines

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

Electoral Tribunal BuildingCommonwealth Avenue, Quezon Cit

THE 2011 RULES OF THE HOUSE OF REPRESENTATIVES ELECTORALTRIBUNAL

The !ouse of Representatives Electoral Tribunal hereb adopts and promulgates the followingRules governing its proceedings as the sole "udge of all contests relating to the elections, returns

and #ualifications of $ember of the !ouse of Representatives, pursuant to %ection &', Article ()

of the Constitution*

TITLE AND CONSTRUCTION

RULE 1. Title. + These Rules shall be nown and cited as the -.&& Rules of the !ouse of

Representatives Electoral Tribunal, or !RET Rules* The word Tribunal whenever used alone orwithout #ualification in these Rules, shall refer to the !ouse of Representative Electoral

Tribunal*

RULE 2. Construction. + These Rules shall be liberall constructed in order to achieve a "ust,

e/peditious and ine/pensive determination and disposition of ever contest brought before the

Tribunal*

THE TRIBUNAL

RULE 3. Composition. 0 The Tribunal shall be composed of nine 123 $embers, three 143 of

whom shall be 5ustices of the %upreme Court to be designated b the Chief 5ustice, and theremaining si/ 163 shall be $embers of the !ouse of Representatives who shall be chosen on the

basis of proportional representation from the political parties and the parties or organizationsregistered under the part0list sstem represented therein* The %enior 5ustice in the Tribunal shall

be its Chairperson*

RULE 4. Organization. + 1a3 7pon the designation of the 5ustices of the %upreme Court and the

election of the $embers of the !ouse of Representatives who are to compose the !ouse ofRepresentatives Electoral Tribunal pursuant to %ections &' and &2 of Article () of the

Constitution, the Tribunal shall meet for its organization and adoption of such resolutions as it

ma deem proper*

1b3 8otwithstanding the provision of the immediatel preceding paragraph, pending theelection of the $embers of the !ouse of Representatives who shall sit in the Tribunal, the

tree 143 5ustices alread designated shall have the authorit to act on administrative and

interlocutor matters sub"ect to confirmation b the Tribunal upon its organization*



1c3 The Tribunal ma constitute itself into three 143 divisions for the purpose of allocating

and distributing its worload* Each division shall be composed of one 1&3 5ustice and two

1-3 $embers of the !ouse of Representatives*

Each division shall act on such matters as ma be assigned to it b the Tribunal En Banc,

including the appreciation of contested ballots, returns and election documents pertaining to the particular contested precincts assigned to it b raffle and the submission to the Tribunal En Banc

of its findings and recommendations thereon within the time specified therefor*

RULE 5. Meetings; Quorum; Executive Committee Actions on Matters in between Regular

Meetings. + 1a3 The Tribunal shall meet on such das and hours as it ma designate or at the call

of the Chairperson or of a ma"orit of its $embers* The presence of at least one 1&3 5ustice andfour 193 $embers of the Tribunal shall be necessar to constitute a #uorum* )n the absence of the

Chairperson, the ne/t %enior 5ustice shall preside, and in the absence of both, the 5ustice present

shall tae the Chair*

1b3 )n the absence of a #uorum and provided there is at least one 5ustice in attendance, the$embers present, who shall not be less than three 143, ma constitute themselves as an

E/ecutive Committee to act on the agenda for the meeting concerned, provided, however,

that its action shall be sub"ect to confirmation b the Tribunal at an subse#uent meeting

where a #uorum is present*

1c3 )n between the regular meetings of the Tribunal, the Chairperson, or an three 143 of

its $embers, provided at least one 1&3 of them is a 5ustice0$ember, who ma sit as the

E/ecutive Committee, ma act on the following matters re#uiring immediate action bthe Tribunal:

&* An pleading or motion,

1a3 ;here dela in its resolution ma result in irreparable or substantial damage

or in"ur to the rights of a part or cause dela in the proceedings or action

concerned<

1b3 ;hich is urgent in character but does not substantiall affect the rights of the

adverse part, such as one for e/tension of time to compl with an

order=resolution of the Tribunal, or to file a pleading which is not a prohibited

pleading and is within the discretion of the Tribunal to grant< and

1c3 ;here the Tribunal would re#uire a comment, repl, re"oinder or an othersimilar pleading from an of the parties or their attornes< and

-* Administrative matters which do not involve new applications or allocations of the

appropriations of the Tribunal*

!owever, an such action=resolution shall be included in the order of business of theimmediatel succeeding meeting of the Tribunal for its confirmation*



RULE 6. Place o Meetings. + The Tribunal shall meet in the Conference Room of the Tribunal

at its main office or at such other place in $etro $anila as it ma designate* ;hen in its

"udgment the interest of "ustice so re#uires, it ma also hold sessions outside of $etro $anila*

RULE 7. Exclusive Control o !unctions. + The Tribunal shall have e/clusive control, direction,

and supervision of all matters pertaining to its own functions and operation*

RULE 8. Express an" #mplie" Powers. 0 The Tribunal shall have and e/ercise all such powers as

are vested in it b the Constitution or b law, and such other powers as ma be necessar orincidental to the accomplishment of its purposes and the effective e/ercise of its functions

RULE 9. #n$erent Powers. + ;hen performing its functions, the Tribunal shall have inherent

power to, inter alia:

1&3 Preserve and enforce order in its immediate presence<

1-3 Enforce order in proceedings before it or before an of its officials acting under itsauthorit<

143 Compel obedience to its "udgments, orders, resolutions and processes<

193 Compel the attendance of witnesses and the production of evidence in an case or

proceeding before it<

1>3 Administer or cause to be administered oaths in an case or proceeding before it, andin all other cases where it ma be necessar in the e/ercise of its powers<

163 Control its processes and amend its resolutions or orders to mae them conform withlaw and "ustice<

1'3 Authorize a cop of a lost or destroed pleading or other paper to be filed and used inlieu of the original, and restore and suppl deficiencies in its records and proceedings<

and

1?3 Promulgate its own rules of procedure and amend or revise the same*

RULE 10. T$e C$airperson; Powers an" %uties. + The Chairperson shall have the following

powers and duties:

1&3 Act as the Chief E/ecutive @fficer of the Tribunal<

1-3 E/ercise administrative supervision over the Tribunal, including the @ffice of the

%ecretar of the Tribunal and the administrative staff of the Tribunal<



143 )ssue calls for the sessions and meetings of the Tribunal and preside thereat, and

preserve order and decorum during the same< and pass upon all #uestions of order sub"ect

to such appeal as an member ma tae to the Tribunal<

193 Tae care that the orders, resolutions, and decisions of the Tribunal are enforced<

1>3 Appoint, dismiss or otherwise discipline the personnel of the Tribunal in accordance

with Civil %ervice laws and regulations* The confidential emploees of ever $ember

shall serve at the pleasure of such $ember and in no case beond the tenure of such$ember< and

163 Perform such other functions and acts as ma be necessar or appropriate to ensure

the independence and efficienc of the Tribunal*

RULE 11. A"ministrative &ta. + The Tribunal shall have a %ecretar and a eput %ecretar*

7nless the Tribunal otherwise provides, the administrative staff of the Tribunal shall function in

eight 1?3 services, namel:

1&3 egal %ervice<

1-3 Canvass Board %ervice<

143 )nformation %stem and 5udicial Records $anagement %ervice<

193 !uman Resource $anagement %ervice<

1>3 eneral %ervice<

163 Dinance and Budget %ervice<

1'3 Accounting %ervice< and

1?3 Cash $anagement %ervice*

RULE 12. %uties o t$e &ecretar' o t$e Tribunal; t$e %eput' &ecretar' o t$e Tribunal. + The

%ecretar of the Tribunal shall have the following duties:

1&3 Receive all pleadings and other documents properl presented, indicating on each

such document the date and time when it was filed, and furnishing each $ember of theTribunal a cop thereof<

1-3 eep a "udicial docet wherein shall be entered in chronological order the contests

and cases brought before the Tribunal, and the proceedings had therein<

143 Prepare the calendar of contests and cases<



193 Attend the sessions or meetings of the Tribunal and, whenever necessar, of its

divisions, and eep the minutes thereof which shall contain a clear and succinct account

of all business transacted<

1>3 Certif under his signature and the seal of the Tribunal all notices, orders, resolutions

and decisions of the Tribunal<

163 )mplement the orders, resolutions, decisions and processes issued b the Tribunal<

1'3 eep a "udgment boo containing a cop of each decision and final order or

resolution rendered b the Tribunal in the order of its dates, and a Boo of Entries of5udgments containing in chronological order entries of the dispositive portions of all

decisions and final orders or resolutions of the Tribunal<

1?3 eep an account of the funds received and disbursed relative to the cases<

123 %ub"ect to the authorit of the Tribunal and the Chairperson, oversee the performanceof the line and support 1ad"udicator and administrative3 functions of the various

divisions of the administrative staff<

1&.3 eep and secure all ballot bo/es, election documents, records, papers, files, e/hibits,

the office seal and other public propert belonging to or officiall brought to theTribunal<

1&&3 Perform such other duties as are prescribed b law for clers of superior courts< and

1&-3 eep such other boos and perform such other duties as the Tribunal or the

Chairperson ma direct*

The eput %ecretar of the Tribunal shall assist the %ecretar of the Tribunal< act as %ecretarof the Tribunal in the absence of the latter< and perform such other duties and functions as ma

be assigned b the Tribunal, the Chairperson, or the %ecretar of the Tribunal*

RULE 13. T$e &eal. + The seal of the Tribunal shall be circular in shape and shall contain in the

upper part the words F!ouse of Representatives Electoral Tribunal,F in the center, the coat ofarms of the Republic of the Philippines< and at the base, the words FRepublic of the Philippines*F

The seal of the Tribunal shall be affi/ed to all decisions, orders, rulings or resolutions of the

Tribunal, certified copies of official records, and such other documents which the Tribunal mare#uire to be sealed*

ELECTION CONTESTS

RULE 14. (uris"iction. + The Tribunal is the sole "udge of all contests relating to the election,

returns, and #ualifications of the $embers of the !ouse of Representatives*



RULE 15. )ow #nitiate". * An election contest is initiate" b' t$e iling o a veriie" petition o

protest or a veriie" petition or +uo warranto against a Member o t$e )ouse o

Representatives. An election protest s$all not inclu"e a petition or +uo warranto. ,eit$er s$alla petition or +uo warranto inclu"e an election protest.

RULE 16. Election Protest. * A verified petition contesting the election or returns of an$ember of the !ouse of Representatives shall be filed b an candidate who has dul filed a

certificate of candidac and has been voted for the same office, within fifteen 1&>3 das after the proclamation of the winner* The part filing the protest shall be designated as the protestant

while the adverse part shall be nown as the protestee*

8o "oint election protest shall be admitted, but the Tribunal, for good and sufficient reasons, maconsolidate individual protests and hear and decide them "ointl* Thus, where there are two or

more protests involving the same protestee and common principal causes of action, the

subse#uent protests shall be consolidated with the earlier case to avoid unnecessar costs or

dela* )n case of ob"ection to the consolidation, the Tribunal shall resolve the same* An order

resolving a motion for or ob"ection to the consolidation shall be unappealable*

The protest is verified b an affidavit that the affiant has read it and that the allegations therein

are true and correct of his nowledge and belief or based on verifiable information or authentic

records* A verification based on Finformation and belief,F or upon Fnowledge, information and belief,F is not a sufficient verification*

An unverified election protest shall not suspend the running of the reglementar period to file the

protest*

An election protest shall state:

&* The date of proclamation of the winner and the number of votes obtained b the parties per proclamation<

-* The total number of contested individual and clustered precincts per municipalit or

cit<

4* The individual and clustered precinct numbers and location of the contested precincts<and

9* The specific acts or omissions complained of constituting the electoral frauds,

anomalies or irregularities in the contested precincts*

RULE 17. Quo -arranto. + A verified petition for #uo warranto contesting the election of a$ember of the !ouse of Representatives on the ground of ineligibilit or of disloalt to the

Republic of the Philippines shall be filed b an registered voter of the district concerned within

fifteen 1&>3 das from the date of the proclamation of the winner* The part filing the petition

shall be designated as the petitioner while the adverse part shall be nown as the respondent*



The provisions of the preceding paragraph to the contrar notwithstanding, a petition for #uo

warranto ma be filed b an registered voter of the district concerned against a member of the

!ouse of Representatives, on the ground of citizenship, at an time during his tenure*

The rule on verification and consolidation provided in %ection &6 hereof shall appl to petitions

for #uo warranto* +

RULE 18. %amages. + amages ma be granted in election protests or #uo warranto

proceedings in accordance with law*

RULE 19. Perio"s ,onExten"ible. + The period for the filing of the appropriate petition, as prescribed in Rules &6 and &', is "urisdictional and cannot be e/tended*

RULE 20. !iling wit$ t$e Tribunal. + Petitions for election protests and #uo warranto shall be

filed either personall with the @ffice of the %ecretar of the Tribunal or b registered mail

addressed to the %ecretar of the Tribunal, together with fifteen 1&>3 clearl legible copies

thereof* )f filed personall, the %ecretar of the Tribunal shall inscribe on the petition the dateand hour of filing* )f filed b registered mail, the date of the mailing of the petition, as shown b

the post office stamp on the envelope or the registr receipt, shall be considered as the date of itsfiling with the Tribunal* The envelope shall be attached to the record of the case*

RULE 21. &ummar' %ismissal o Election Contest. + An election protest or petition for #uo

warranto ma be summaril dismissed b the Tribunal without the necessit of re#uiring the

protestee or respondent to answer if, inter alia:

1&3 The petition is insufficient in form and substance<

1-3 The petition is filed beond the periods provided in Rules &6 and &' of these Rules<

143 The filing fee is not paid within the periods provided for filing the protest or petition

for #uo warranto<

193 )n case of a protest where a cash deposit is re#uired, the cash deposit, or the firstP&>., ...*.. thereof, is not paid within ten 1&.3 das after the filing of the protest< and

1>3 The petition or copies thereof and the anne/es thereto filed with the Tribunal are not

clearl legible*

Dor this purpose, the %ecretar of the Tribunal shall, upon receipt of the petition, prepare a reportand calendar the same for appropriate action b the Tribunal or the E/ecutive Committee*

This rule shall, pro tanto, appl to counter0protests*

ANSWER AND COUNTER-PROTEST



RULE 22. &ummons. + )f the petition is not summaril dismissed in accordance with Rule -& of

these Rules, the %ecretar of the Tribunal shall issue the corresponding summons to the protestee

or respondent, as the case ma be, together with a cop of the petition, re#uiring him to file ananswer within ten 1&.3 das from receipt thereof*

The summons shall be served b handing copies of the summons and of the election protest orthe #uo warranto petition to the protestee or the respondent in person or, in case of the

protesteeGs or respondentGs refusal to receive or sign proof of receipt of these copies, btendering them to him or her* %ervice of summons in this manner is complete upon such tender*

)n cases filed involving legislative districts outside of $etro $anila, summons ma be served

through registered mail* %ervice b registered mail is complete upon actual receipt b the protestee or the respondent, or after five 1>3 das from the date he received the first notice from

the postmaster, whichever date is earlier*

%ervice b registered mail shall be made b depositing copies of the summons and of the election

protest or the #uo warranto petition, in a sealed envelope, plainl addressed to the protestee orthe respondent at his residence on record, with postage full pre0paid, and with instructions to

the postmaster to return the mail to the Tribunal after ten 1&.3 das if undelivered*

RULE 23. Answer. + The answer must be verified and ma set forth special and affirmative

defenses and a counterclaim* The protestee ma incorporate in his answer a counter0protest* Theanswer shall be filed in fifteen 1&>3 clearl legible copies with proof of service of a cop upon

the protestant or petitioner within ten 1&.3 das from receipt of the summons and a cop of the

petition*

)f filed in a separate pleading, a counter0protest must be verified and filed in fifteen 1&>3 clearl

legible copies with proof of service of a cop upon the protestant within ten 1&.3 das fromreceipt of the summons and a cop of the protest*

RULE 24. Answer to Counterclaim or CounterProtest. + Answer to counterclaim or counter0

protest must be verified and filed in fifteen 1&>3 clearl legible copies within ten 1&.3 das fromreceipt of the counterclaim or counter0protest*

RULE 25. Motion to %ismiss; Motion or /ill o Particulars; %emurrer to Evi"ence. + 8o

motion to dismiss, motion for a bill of particulars or demurrer to evidence shall be entertained*

rounds for a motion to dismiss shall be pleaded as affirmative defenses in the appropriateresponsive pleadings allowed under Rules -4 and -9* The Tribunal ma in its discretion hold a

preliminar hearing on an of the grounds so pleaded*

RULE 26. Extensions o Time. + 8o motion for e/tension of an of the periods fi/ed in Rules

--, -4 and -9 will be entertained*

RULE 27. !ailure to Answer; Eect. + )f no answer to the protest, counter0protest, or the

petition for #uo warranto is filed within the period fi/ed in these Rules, a general denial shall be

deemed to have been entered*



RULE 28. Amen"ments; 0imitations. + After the e/piration of the period for the filing of the

protest, counter0protest or petition for #uo warranto, substantial amendments which broaden the

scope of the action or introduce an additional cause or caused of action shall not be allowed* Anamendment in matters of form ma be allowed at an stage of the proceedings*

;hen the Tribunal admits an amended petition, it ma re#uire the other part to answer the samewithin a non0e/tendible period of ten 1&.3 das from service of a cop of the amended petition

and of the resolution admitting the same*

RULE 29. Ot$er Plea"ings; )ow !ile". + E/cept for the initiator petitions of protest or for #uo

warranto which the Tribunal itself serves on the adverse part, all other pleadings shall be filed

with the @ffice of the %ecretar of the Tribunal in fifteen 1&>3 clearl legible copies and must beaccompanied with proof of service upon the adverse part or parties* ;henever practicable, the

service and filing of pleadings, motions and other papers shall be done personall* A resort to

other modes must be accompanied b a written e/planation wh personal service is not

practicable*

All pleadings, motions and other papers filed with the Tribunal in connection with electoral cases

pending before other tribunals, courts or agencies shall liewise be accompanied b proof of

service upon the adverse part or parties in the said electoral cases*

8o action shall be taen on pleadings that fail to compl with the foregoing re#uirements*

RULE 30. Proo o &ervice. + Proof of personal service shall consist of a written admission ofthe part served, or the affidavit of the part serving, containing a full statement of the date,

place and manner of service* )f the service is made b registered mail, proof shall be established

through such affidavit and the registr receipt issued b the mailing office* The registr return

card or, in lieu thereof, the unclaimed letter together with the certified or sworn cop of thenotice given b the postmaster to the addressee, shall be filed with the Tribunal b the sender

immediatel upon receipt of either*

RULE 31. !iling !ees. + 8o protest, counter0protest or petition for #uo warranto shall bedeemed filed without the pament to the Tribunal of the filing fee on the amount of ten thousand

pesos 1P&., ...*..3*

)f a claim for damages or attorneGs fees is set forth in a protest, counter0protest or petition for

#uo warranto, an additional filing fee shall be paid, which shall be, if the sum claimed is:

8ot more than P-.,...*..HHHHHHHHHHHHHHHHHHHHHHH

P>..*..

$ore than P-., ...*.. but less than P9.,

...*..HHHHHHHHHHHHHP'..*..

P9., ...*.. or more but less than P6.,...*..HHHHHHHHHHHHHH*

P2..*..

P6., ...*.. or more but less than P?., P&,



...*..HHHHHHHHHHHHHH* &..*..

P?., ...*.. or more but less than P&..,

...*..HHHHHHHHHHHHHH

P&,

4..*..

P&.., ...*.. or more but less than P&>.,

...*..HHHHHHHHHHHHH

P&,

>..*..Dor each P&, ...*.. in e/cess of P&>.,

...*..HHHHHHHHHHHHHH**P>.*..

;here the protest, counter0protest or petition for #uo warranto is filed b registered mail, it must

be accompanied b a postal mone order in the amount of the corresponding filing fees*

The re#uired fees must be full paid within the period prescribed in Rules &6 1Election Protest3,&' 1Quo ;arranto3, -4 1Answer3 and -9 1Answer to Counterclaim or Counter0Protest3 of this

Rule*

RULE 32. Cas$ %eposit. + )n addition to the fees prescribed in the preceding Rule, each

protestant, counter0protestant or petitioner in #uo warranto shall mae a cash deposit with theTribunal in the following amounts:

1&3 )n a petition for #uo warranto, ten thousand pesos 1P&., ...*..3 to be paid within ten

1&.3 das after the filing of the petition*

1-3 )f the protest or counter0protest does not re#uire the bringing to the Tribunal of the ballot bo/es, copies of election returns as well as other election documents and

paraphernalia from the district concerned, ten thousand pesos 1P&., ...*..3 to be paid

within ten 1&.3 das after the filing of the protest or counter0protest<

143 )f the protest or counter0protest re#uires the bringing of ballot bo/es, copies ofelection returns and other election documents and paraphernalia, three thousand pesos

1P4, ...*..3 for each clustered precinct involved therein* )f, as thus computed, the

amount of the deposit does not e/ceed one hundred fift thousand pesos 1P&>., ...*..3,the same shall be paid in full with the Tribunal within ten 1&.3 das after the filing of the

protest or counter0protest<

193 )f the re#uired deposit e/ceeds one hundred fift thousand pesos 1P&>., ...*..3, a

partial cash deposit of at least one hundred fift thousand pesos 1P&>., ...*..3, shall bemade ten 1&.3 das after the filing of the protest or counter0protest* The balance shall be

paid in such installments as ma be re#uired b the Tribunal on at least five 1>3 dasadvance notice to the part re#uired to mae a cash deposit*

The cash deposit shall be applied b the Tribunal to the pament of all e/penses incidental to thedisposition of the case, including, in the case of protest, the bringing of the ballot bo/es, copies

of election returns as well as other election documents and paraphernalia to the Tribunal, and

returning them to their original official custodians after the case is terminated, and to thecompensation of the Revisors, when circumstances so demand, the Tribunal ma re#uire



additional cash deposits* An unused cash deposit shall be returned to the part or parties who

paid the same after complete termination of the protest, counter0protest or petition for #uo

warranto*

RULE 33. Eect o !ailure to Ma1e Cas$ %eposit. + )f a part fails to mae the cash deposits or

additional deposits herein provided within prescribed time limit, the Tribunal ma dismiss the protest, counter0protest, or petition for #uo warranto, or tae such action as it ma deem

e#uitable under the circumstances*

RULE 34. 0egal !ees. + The following legal fees shall be charged and collected:

1&3 Dor furnishing certified transcripts of records or copies of an record, decision,

resolution or entr of which an person is entitled to demand and receive a cop, for each

page HHHHHHHHHHHH Ten Pesos 1P&.*..3<

1-3 Dor furnishing certified transcripts of notes taen b stenographers to ever person

re#uesting the same, for each page of not less than two hundred and fift words, for each page seven pesos and fift centavos 1P'*>.3 provided, however, that one0third 1&=43 of the

total charges shall go to the Tribunal and the remaining two0thirds 1-=43 to thestenographer concerned<

143 Dor ever search for anthing above a earGs standing and reading the same

HHHHHHHHHHHHHHHHHHHHHHHHHDift Pesos 1P>.*..3< and

193 Dor ever certificate not in process HHHHHHHHHHHHHHHHH** DiftPesos 1P>.*..3*

PRODUCTION OF ELECTION DOCUENTSAND REVISION OF BALLOTS

RULE 35. -$en /allot /oxes2 Election Returns an" Ot$er Election %ocuments /roug$t beore

t$e Tribunal. ;here the allegations in a protest or counter0protest so warrant, or whenever in itsopinion the interest of "ustice so demands, the Tribunal shall immediatel order the ballot bo/es

containing the ballots and their es, copies of election returns, list of voters with the voting

records, and other documents or paraphernalia used in the election to be brought before theTribunal* Certified copies of the %tatement of (otes b the Board of Canvassers in all the

municipalities of the district or of the cit concerned shall also be obtained* 7pon the receipt

thereof, the shall be ept and held secure in the offices of the Tribunal in the care and custod

of the Canvass Board %ervice under the supervision of the %ecretar of the Tribunal and underthe authorit of the Chairperson*

;here an of the ballot bo/es, ballots, election returns, election documents or paraphernalia

mentioned in the immediatel preceding paragraph are also involved in election contests beforethe Presidential Electoral Tribunal, %enate Electoral Tribunal, the Commission on Elections or

the regular courts in appropriate cases, ever effort shall be e/erted to snchronize their



e/amination and revision of ballots thereof in the other Tribunals, the Commission on Elections

or the regular courts, as the case ma be*

The e/penses necessar and incidental to the bringing of the ballot bo/es, copies of electionreturns and other election documents or paraphernalia before the Tribunal, and returning them

after the termination of the case, as well as the revision and paid from his cash deposit*

RULE 36. Revision o /allots + Revision of the ballots shall be conducted in accordance with

the uidelines on the Revision of Ballots promulgated on 5anuar &2, -.&& which are herebreproduced as Anne/ FA*F

PILOT PRECINCTS

RULE 37. Post*Revision %etermination o t$e Merit or 0egitimac' o Protest Prior to Revision

o CounterProtest; Pilot Precincts; #nitial Revision. + An provision of these Rules to the

contrar notwithstanding, as soon as the issues in an contest before the Tribunal have been

"oined, the Protestant, in case the protest involves more than >.I of the total number of precinctsin the district, shall be re#uired to the state and designate in writing within a fi/ed period at most

twent five 1->I3 percent of the total number of precincts involved in the protest which said part deems as best e/emplifing or demonstrating the electoral irregularities or fraud pleaded

b him< and the revision of the ballots or the e/amination, verification or re0tabulation of election

returns and=or reception of evidence shall begin with such pilot precincts designated* @therwise,the revision of ballots or the e/amination, verification of re0tabulation of election returns and=or

reception of evidence shall begin with all the protested precincts* The revision of ballots or the

e/amination, verification of re0tabulation of election returns in the counter0protested precinctsshall not be commenced until the Tribunal shall have determined through appreciation of ballots

or election documents and=or reception of evidence, which reception shall not e/ceed ten 1&.3

das, the merit or legitimac of the protest, relative to the pilot protested precincts* Based on theresults of such post +revision determination, the Tribunal ma dismiss the protest without further proceedings, if and when no reasonable recover was established from the pilot protested

precincts, or proceed with the revision of the ballots or the e/amination, verification or re0

tabulation of election returns in the remaining contested precincts*

TECHNICAL E!AINATION

RULE 38. Motion or Tec$nical Examination; Contents. + ;ithin five 1>3 das after completion

of revision, either part ma move for technical e/amination, specifing:

1&3 The nature of the technical e/amination re#uested 1fingerprint e/amination, etc*3<

1-3 The documents to be sub"ected to technical e/amination<

143 The ob"ections made in the course of the revision of ballots which the movant intendsto substantiate with the results of the technical e/amination< and

193 The ballots coverd b such ob"ections*



RULE 39. Tec$nical Examination; Time 0imits. + The motion for technical e/amination ma be

granted b the Tribunal in its discretion and under such conditions it ma impose* )f granted the

movant shall schedule the technical e/amination, to start within ten 1&.3 calendar das from thetime he was notified of the resolution or order granting his motion, notifing the other part and

the %ecretar of the Tribunal at least five 1>3 das in advance thereof* The technical e/amination

shall be completed within the period allowed b the Tribunal, but in no case to e/ceed twent1-.3 woring das unless an e/tension is grated pursuant to Rule 9&* The other part ma attend

the technical e/amination, either personall or through a representative, but the technical

e/amination shall proceed with or without his attendance, provided due notice has been givenhim*

;here more than one part would re#uest for technical e/aminations, the e/aminations shall, as

far as practicable, be conducted simultaneousl*

The technical e/amination shall be conducted at the e/pense of the movant, in the offices of the

Tribunal as such other place as the Tribunal ma designate and under the supervision of the

%ecretar of the Tribunal of his dul authorized representative*

RULE 40. Experts; -$o &$all Provi"e. 0 E/perts necessar for the conduct of a technical

e/amination shall be provided b the part re#uesting the same* The other part ma, however,

also avail of the assistance of his own e/pert who ma observe, but not interfere with, thee/amination conducted b the movantJs e/perts*

At its discretion, the Tribunal ma appoint an independent e/pert and in such case the partiesJ

e/perts ma observe, but not interfere with, the formerJs e/amination*

RULE 41. Tec$nical Examination ,ot #nterrupte". 0 @nce started, the technical e/amination

shall continue ever woring da until completed or until e/piration of the period granted forsuch purpose*

RULE 42. Extension o Perio" or Tec$nical Examination; -$en 3rante". 0 An e/tension of the

period for conducting technical e/amination shall not be granted b the tribunal e/cept upon aclear showing that the part conducting the e/amination has diligentl utilized the period

originall granted him for that purpose, but for compelling reasons not imputable to him, could

not finish the technical e/amination within the period originall granted*

RULE 43. &cope o Tec$nical Examination. 0 @nl election documents allowed b the Tribunalto be e/amined shall be sub"ected to such e/amination*

SUBPOENAS

RULE 44. -$o Ma' #ssue. 0 %ubpoena ad testificandum or duces tecum ma be issued b the

tribunal motu propio, or upon re#uest of an of the parties*

RULE 45. !orm an" Contents. 0 A subpoena shall be signed b the %ecretar or eput%ecretar of the Tribunal* )t shall state the name of the Tribunal, the docet number and title of



the action and shall be directed to the person whose attendance is re#uired* )n the case of a

subpoena duces tecum, it shall also contain a particular description of the boos, documents or

ob"ects demanded*

RULE 46. Aut$orit' o )earing Commissioners to #ssue &ubpoena; Parties to !ile Proper

Motion. 0 !earing Commissioners are authorized b the Tribunal to issue subpoenas in casesassigned to them for reception of evidence*

The part seeing issuance of a subpoena ad testificandum or duces tecum shall file the propermotion before the hearing Commissioner at least five 1>3 woring das before the hearing in

which the witness or document sought will be presented* Dailure of the part to file the proper

motion within said period shall be considered a waiver of his right to compel attendance of thewitness or the production of the documents concerned*

RECEPTION OF EVIDENCE

RULE 47. Preliminar' Conerence. 0 1a3 After the issues have been "oined, the Tribunal shallorder the parties to submit their respective preliminar conference briefs and shall summon them

and their counsel to a preliminar conference, at which the following shall be considered:

1&3 The simplification of issues<

1-3 The possibilit of obtaining stipulations or admission of facts and of

documents to avoid unnecessar proof<

143 The limitation of the number of witnesses<

193 The nature of the testimonies of the witnesses and whether the relate toevidence aliunde the ballots, or otherwise<

1>3 The withdrawal of some contested or counter0protested precincts 1especiall

those where, inter alia, the ballots are unavailable due to the e/istence of protests

concerning other positions involving the same ballots or are missing and cannot be located or destroed due to natural disasters or calamities3<

163 The fi/ing of the dates for the reception of evidence, including the matter of

reception to be done simultaneousl with the revision of the ballots if the

evidence is intended to prove such causes of action or defenses or issues which

are unrelated to the ballots or election documents< and

1'3 %uch other matters as ma aid in the prompt disposition of the protest,

counter0protest or cross0contest,

1b3 The preliminar conference brief shall contain the following:

1&3 The pilot precincts which the protestant ma designate pursuant to Rule 4'<



1-3 A summar of admitted facts and proposed stipulation of facts<

143 The issues to be tried or resolved<

193 The documents or e/hibits to be presented, stating the purpose thereof< and

1>3 The number and names of witnesses and the substance of their respectivetestimonies, and indicating therein whether their testimonies shall be taen b

depositions or otherwise*

1c3 The presentation of witnesses in e/cess of that declared b a part shall be deemed

waived unless meritorious reasons shown in a proper motion, the Tribunal shall allowtheir presentation*

1d3 The Tribunal ma dismiss the protest or counter0protest or #uo warranto petition, as

the case ma be, for failure of the protestant or counter0protestant or petitioner to submit

a preliminar conference brief and=or to appear at the preliminar conference* )f the protestee or the respondent fails to submit a preliminar conference brief and=or appear at

the preliminar conference, the Tribunal shall proceed with the conference on the basis of

the preliminar conference briefs filed*

1e3 Dollowing the conclusion of the preliminar conference, the Tribunal shall issue aPreliminar Conference @rder of what transpired during the preliminar conference*

;ithin three 143 das from receipt of a cop of the preliminar conference order, the

parties ma file their respective comments thereon*

RULE 48* !earings< !earing Commissioner< Qualifications* 0 The Tribunal ma delegate the

hearing of cases or the reception of evidence to a !earing Commissioner*

An $ember of the Tribunal or an of its lawers ma be designated as !earing Commissioner*

RULE 49. Reception o Evi"ence b' )earing Commissioner. 0 Reception of evidence b a

!earing Commissioner shall be done at the offices of the Tribunal, unless the Tribunal, for goodcause, directs the reception of evidence in some other place*

)n case of consolidated cases, the reception of evidence shall be delegated to the !earing

Commissioner and eput !earing Commissioner to whom the earlier case was assigned*

)f at the preliminar conference the parties agree on the presentation of witnesses to testif onmatters or issues aliunde, the reception of testimonial evidence shall be done simultaneousl withthe revision of the ballots at a date fi/ed for the purpose b the !earing Commissioner*

Presentation of evidence on all other matters or issues arising from the revision of ballots and=or

technical e/amination of #uestioned documents shall be made 1a3 after the completion of therevision of all, or substantiall all, of the ballots or election documents, or 1b3 when so allowed



b the Tribunal motu proprio or upon motion of a part, after the completion of the technical

e/amination of the #uestioned documents, if an*

RULE 50. Proce"ure o )earings. + Reception of evidence ma proceed e/ parte, even in theabsence of the other parties, provided the have been dul notified of the hearing* )n such a case,

the absent part shall be deemed to have waived his right to be present and to cross0e/amine awitness whose testimon on direct or redirect e/amination has been concluded*

)f a part scheduled to present evidence fails to appear at a date, time and place appointed, the!earing Commissioner ma ad"ourn to the proceedings to the following da, giving notice of

such ad"ournment to the absent part or his counsel* The dela shall be charged against the

period allowed the absent part for the presentation of his evidence*

7nless the !earing Commissioner or the Tribunal directs otherwise, the order of hearing shall beas follows:

1&3 The proetsstant pr petitioner shall adduce evidence in support of his protest or petitionfor #uo warranto<

1-3 The protestee or the respondent shall then adduce evidence to support his defenses,counterclaim or counter0protest<

143 The protestant or petitioner, sub"ect to the approval of the Tribunal, ma then present

rebuttal evidence< and

193 8o sur0rebuttal eveidence shall be allowed*

To prevent surprise and to e/pedite the proceedings, the part presenting evidence shall informthe other parties of the evidence to be presented and provide a reasonable description thereof at

least three 143 das before the scheduled hearing*

At least three das 143 das before the scheduled date of hearing, a part shall also submit to the

Tribunal a list of documentar and testimonial evidence to be presented* !e shall also indicatetherein the documents which are alread in the custod of the Tribunal*

The affidavits of the witnesses shall be considered as their direct testimon* These affidavits

shall be considered to the Tribunal and copies served on the other parties a t least three 143 das

before the scheduled hearing* Dailure of the part to submit the affidavit of the witness within the

specified time will constitute a waiver of his right to present said testimonial evidence*

RULE 51. )earing Commissioner to Rule on Ob4ections. + The ruling of the !earing

Commissioner on ob"ections made in the course of the direct or cross0e/amination shall be

sub"ect to review b the Tribunal*

An e/ception to a ruling of the !earing Commissioner shall not suspend the reception of

evidence*



RULE 52. Time 0imit or Presentation o Evi"ence. + Each part is given a period of twent

1-.3 successive woring das to complete the presentation of his evidence, including the formal

offer thereof* This period shall begin to run from the first date set for the presentation of the partGs evidence, either before the Tribunal or before a !earing Commissioner, and shall

continue ever woring da thereafter until completed* 7pon motion based on meritorious

grounds, the Tribunal ma grant a ten0woring0da e/tension of the period herein fi/ed*

The hearing for an particular da or das ma be postponed or cancelled on meritoriousgrounds upon the re#uest of the part presenting evidence, provided, however, that the dela

caused thereb shall be charged against said partGs period for presenting evidence*

The following shall not be charged against the period allotted to either part:

1&3 The period when presentation of the partGs evidence is suspended b order of theTribunal or the !earing Commissioner because of the pendenc of a pre"udicial #uestion

which should first be resolved before the hearing can continue*

1-3 The time taen up in the cross0e/amination of his or her witnesses b the other part*

A part ma present rebuttal evidence, if allowed b the Tribunal, during the remainder of thetwent0da0period or the e/tension thereof, if an, that he has not utilized for the presentation of

his evidence.in0chief*

RULE 53. Proce"ure ater )earing b' )earing Commissioner. + ;ithin five 1>3 das or such

period as ma be fi/ed b the Tribunal, the !earing Commissioner shall submit the evidence presented, together with the transcript of the proceedings held before him, to the Tribunal*

RULE 54. Evi"ence not !ormall' Presente". + Evidence neither formall presented nor formalloffered shall not be considered b the Tribunal in deciding the case e/cept the revision reports,

being official records of Tribunal proceedings*

RULE 55. %isputable Presumptions. + The following are disputable presumptions:

1a3 @n the election procedure:

1&3 The election of candidates was held on the date and time set and in the polling

place determined b the Commission on Elections 1Comelec3<

1-3 The Board of Election )nspectors 1BE)3 was dul constituted and organized<

143 Political parties an d candidates were dul represented b pollwatchers<

193 Pollwatchers were able to perform their functions< and

1>3 The minutes of voting and counting of votes contains all the incidents that

transpired before the BE)s*



1b3 @n election paraphernalia:

1&3 Ballots and election returns that bear the securit marins and features

prescribed b the Comelec are genuine<

1-3 The data and information supplied b the members of the BE)s in theaccountable forms are true and correct< and

143 The allocation, pacing and distribution of election documents or

paraphernalia were properl and timel done*

1c3 @n appreciation of ballots

1&3 A ballot with appropriate securit marings is valid<

1-3 The ballot reflects the intent of the voter<

143 A voter personall of oneGs right to vote was voluntar and free*

RULE 56. Evi"ence b' %eposition; -$en Allowe". + ;ith leave of the Tribunal, an part ma

tae the deposition of his witness in lieu of presenting them before the Tribunal or a !earing

Commissioner*

The period used b a part for taing depositions shall be charged against the twent 1-.30da0

period or e/tended period allotted to him to present evidence*

RULE 57. -$en Commence"; Contents o ,otice. + The taing of the deposition shall

commence within ten 1&.3 das after leave therefore is granted* 8o deposition shall be taenunless notice thereof has been given to the other part at least five 1>3 das in advance of the

taing of such deposition* %uch notice shall state the venue, which must be a public office< the

time of the taing of the deposition< the officer before whom the deposition shall be taen< andthe names and addresses of the deponents*

RULE 58. -$o Ma' Ta1e %epositions. + epositions ma be taen before an of the following

officers who ma be designated b the corresponding E/ecutive 5udge upon the re#uest of the

Tribunal:

1&3 An "udge of the Regional Trial Court< or

1-3 An "udge of the $etropolitan Trial Court< the $unicipal Trial Court in Cities< the

$unicipal Trial Court< or the $unicipal Circuit Trial Court*

The officer taing the deposition shall not be related to an of the parties or counsel within the

fourth civil degree b consanguinit or affinit* An ob"ection on such ground shall be made tothe E/ecutive 5udge within 1-3 das after notification of the designation*



RULE 59. CrossExamination o -itnesses. + The opposing part shall have the right to attend

the taing of the deposition and cross0e/amine the witnesses presented* Dailure to do so shall be

deemed a waiver of such right*

@b"ections to #uestions ased during the taing of depositions shall be ruled upon b the 5udge

taing the deposition, sub"ect to review b the Tribunal*

RULE 60. &ubmission o %epositions. + The officer taing the deposition shall, within 1&.3 das

thereafter, submit to the Tribunal the original and fourteen 1&93 copies of the deposition taen bhim, together with the e/hibits presented in the course thereof, with proof of service upon the

parties*

RULE 61. Electronic Evi"ence. + Electronic documents or electronic data messages ma be

used, offered and admitted in evidence in accordance with the provisions of the Rules of Courton electronic evidence*

EORANDA

RULE 62. -$en &ubmitte"; Contents. + ;ithin ten 1&.3 das from receipt of the TribunalGs

ruling on the last offer of evidence b the protestee or respondent, the parties shall be submittheir respective $emoranda simultaneousl, setting forth briefl:

1&3 The facts of the case<

1-3 A complete statement of all the arguments submitted in support of their respective

views of the case<

143 @b"ection to the ballots ad"udicated to or complained b the other part in the revisionof the ballots< and

193 Refutation of the ob"ections of the other part to the ballots ad"udicated or claimed b

the latter in the revision of ballots*

All evidence, as well as ob"ections to evidence presented b the other part, shall be referred to

or contained either in the memorandum or in appendices thereto*

RULE 63. &upplemental Repl' or Rebuttal Memoran"um. 0 8o supplemental repl or rebuttal

memorandum shall be entertained*

VOTIN"

RULE 64. 5otes Re+uire". 0 )n resolving all #uestions submitted to the Tribunal, all the

$embers present, including the Chairperson, shall vote* Dor the rendition of decisions and theadoption of formal resolutions, the concurrence of at least five 1>3 $embers shall be necessar*



RULE 65. Rulings in )earings beore tribunal. 0 uring hearings before the Tribunal, the

Chairperson, on in his absence, the 5ustice presiding, shall decide all #uestions raised in

connection with the e/amination of witnesses and the admission of evidence, and his rulingsshall be deemed as a ruling b the Tribunal* )f a $ember should re#uest that a #uestion be

previousl decided in consultation, the Chairperson, or the 5ustice presiding shall act onl after

the matter has been voted upon*

DECISIONS

RULE 66. Proce"ure in %eci"ing Contests. 0 )n rendering its decisions, the Tribunal shall follow

the procedure prescribed for the %upreme Court in %ection &4 and &9, Article ())) of the

Constitution*

RULE 67. Ren"ition o %ecisions. 0 The decisions of the Tribunal shall as far as practicable, berendered within ninet 12.3 das from the date the last $emorandum of the parties was filed

where no appreciation of ballots in involved, or from the date such appreciation is completed*

RULE 68. Promulgation an" ,otice o %ecisions. 0 After the decision, along with separate,

concurring or dissenting opinions, if an, is signed, it shall be delivered for filing to the %ecretarof the Tribunal who shall forthwith indicate thereon the date of promulgation and cause true

copies thereof to be served upon the parties or their counsel, personall or b registered mail*

RULE 69. !inalit' an" Execution i %ecisions; Motion or Reopening or Reconsi"eration. 0 The

decision shall become final and e/ecutor as against a part ten 1&.3 das after his receipt of acop thereof if no motion for reconsideration is filed*

8o motion shall be entertained for the reopening of a case e/cept for the reconsideration of a

decision based on the evidence alread of record*

A part ma file a motion for reconsideration within ten 1&.3 das from his receipt of a cop ofthe decision, with proof of service thereof on the adverse part* A second motion for

reconsideration shall not be entertained*

7nless re#uired b the Tribunal, the adverse part need not file an opposition to or comment on

the motion for reconsideration*

)f a motion for reconsideration is denied, the decision shall become final and e/ecutor asagainst a part after five 1>3 das from service upon him of a cop of the resolution disposing of

the motion for reconsideration* )f a motion for reconsideration is granted, the part adverselaffected thereb ma move to reconsider it within ten 1&.3 das from his receipt of a cop of theresolution granting the motion for reconsideration< otherwise, the decision as reconsidered shall

become final and e/ecutor after the lapse of said period*

RULE 70. Entr' o (u"gment. 0 The "udgment shall be entered or recorded b the %ecretar of

the Tribunal after the decision shall have become final and e/ecutor, if neither of the parties isable to secure a restraining order or status #uo ante order from the %upreme Court within five 1>3



das from receipt of the resolution=decision from the Tribunal disposing of the case or resolution

dening the motion for reconsideration* The date when the "udgment becomes final and

e/ecutor shall be deemed as the date of its entr although the phsical act of entering orrecording the "udgment ma be done at later date* The record shall contain the dispositive part of

the "udgment and shall be signed b the %ecretar of the Tribunal, with a certification that such

"udgment has become final and e/ecutor*

RULE 71. Proce"ure ater !inalit' o %ecision; Executor' o %ecision; Publication o %ecisions. 0 As soon as a decision becomes final and e/ecutor, notice thereof shall be sent to

the %peaer of the !ouse of Representatives, the President of the Philippines and the

Chairperson of the Commission on Audit* 7pon receipt of a cop of the decision, the speaer ofthe !ouse of Representatives, through the %ecretar0eneral, shall e/ecute the same, unless a

Temporar Restraining @rder is issued b the %upreme Court*

The original copies of the decisions of the Tribunal shall be ept in bound form in the archives of

the Tribunal* ecisions shall be published in the @fficial azette or in the reports officiall

authorized b the Tribunal in the language in which the have been originall written togetherwith the sllabi therefor*

COSTS

RULE 72. -$en Allowe". 0 Costs shall be allowed to the prevailing part as a matter of course, but the Tribunal shall have the power, for special reasons, to apportion the costs as ma be

e#uitable*

RULE 73. Costs -$en Action %ismisse". 0 )f a protest, counter0protest or a petition for #uo

warranto is dismissed, the Tribunal ma still render "udgment for costs*

RULE 74. Costs -$en Action !rivolous. 0 ;hen a protest, counter0protest or a petition for #uowarranto is found to be Drivolous, double or treble costs ma be imposed b the Tribunal on the

protestant, counter0protestant or petitioner, as the case ma be*

RULE 75. Attorne'6s !ees. 0 8o award of attorneJs fees shall be assessed against the adverse part, e/cept as provided in the Civil Code*

SUPPLEENTAR# RULES

RULE 76. Applicabilit'. 0 The following shall be applicable b analog or in suppletor

character provided, the are not inconsistent with these Rules or with the orders, resolutions anddecisions of the Tribunal, namel:

1&3 The Rules of Court<

1-3 ecisions of the %upreme Court< and

143 ecisions of the Electoral Tribunals*



AENDENT

RULE 77. Amen"ment. 0 The Tribunal ma, at an time, amend these Rules* An amendment

adopted b the Tribunal shall be effective fifteen 1&>3 das after its publication in the @fficialazette or in a newspaper of general circulation*

EFFECTIVIT#

RULE 78. Eectivit'. 0 These Rules shall tae effect fifteen 1&>3 das from their publication in

the @fficial azette or in a newspaper of general circulation* 7pon its taing effect, an and all

Rules of the Tribunal previousl adopted or promulgated are superseded and repealed, and theseRules shall remain operative until amended or substituted b the Tribunal*

TRANSITOR# PROVISION

RULE 79. Application to Pen"ing Cases. 0 These Rules shall appl to all pending actions e/cept

when substantive rights are affected as ma be determined b the Tribunal*

APPROVED$ F%&'()'* 10$ 2011

1%gd*3 CONCHITA CARPIO ORALES

Associate 5ustice, %upreme Court

Chairperson

1%gd*3ANTONIO EDUARDO B.

NACHURA


$ember

1%gd*3ARTURO D. BRION


$ember

1%gd*3FRAN+LIN P. BAUTISTA

Representative

-nd istrict, avao del %ur $ember

1%gd*3RUFUS B. RODRI"UE,

Representative

-nd istrict, Cagaan de @ro Cit$ember

1%gd*3OSELITO ANDREW R.

ENDO,A

Representative4rd istrict, Bulacan

$ember

1%gd*3USTIN ARC SB. CHIPECO

Representative

-nd istrict, aguna$ember

1%gd*3A. THERESA BONOAN-

DAVID

Representative9th istrict, $anila

$ember

1%gd*3RODOLFO B. ALBANO

Representative&st istrict, )sabela

$ember



&ource7 T$e P$ilippine &TAR2 89 !eb :88

Rules of House of Representatives Electoral Tribunal

Documents

Transcript of Rules of House of Representatives Electoral Tribunal