OCA Circular No. 312 2023 Resolving Election Protests SK & Barangay

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OCA CIRCULAR NO. 312-2023
TO ALL FIRST LEVEL COURTS DESIGNATED AS ELECTION

COURTS, SINGLE-SALAFIRST LEVEL COURTS, AND OTHER
FIRST LEVEL COURTS WHICH SHALL HANDLE ELECTION
CONTESTS
SUBJECT: THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE
BARANGAY AND SANGGUNIANG KABATAAN OFFICIALS
In accordance with the 29 August 2023 Resolution in A.M. No. 07-4-

lS-SC, the Court En Banc RESOLVED to APPROVE and PROMULGATE
"The 2023 Amended Rules of Procedure in Election Contests Before the Courts
Involving Elective Barangay and Sangguniang Kabataan Officials," the full text of
which is appended herewith as Annex "A" for reference.
Particular attention should be given to the following final provisions of

the Rules, to quote:
RULE 16
FINAL PROVISIONS
Section 1. Repealing Clause. - All other rules, resolutions,

regulations, or circulars of the Supreme Court or parts thereof that are
inconsistent with any of the provisions of these Rules are hereby
deemed repealed or modified accordingly.
Section 2. Effectivity Clause. - The 2023 Amended Rules shall

take effect fifteen (15) days after publication once in a newspaper of
general circulation or in the Supreme Court Official Website but its
effectivity shall in no case be later than October 15, 2023.
The 2023 Amended Rules was published in The Philippine Star on

10 September 2023 and takes effect on 2S September 2023.
For information, guidance, and strict observance.
12 September 2023
JENNY LI 0 R. ALDECOA-DEL RINO

Deputy Court Administrator
and
Officer-in-Charge
Office of the Court Administrator
(Per Memorandum Order No. 107-2023 dated
08 September 2023)
MMAI~lFRc/rio/am.no.07 -4-15 -sc/2023amendedruleselectioncontestsbarangay&sk

Annex "A"
l\epuhlic of the ~bilippines

~upreme QCourt
;fflilanila
ENBANC
NOTICE
Sirs/Mesdames:
Please take notice that the Court en bane issued a Resolution

dated AUGUST 29,2023, which reads as follows:
"A.M. No. 07-4-1S-SC
THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

CONTESTS BEFORE THE COURTS/INVOLVING ELECTIVE
BARANGAY AND SANGGUNIANG KABATAAN OFFICIALS
WHEREAS, Section 5 (5), Article VIII of the 1987 Constitution

empowers the Supreme Court to "[p ]romulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged;"
WHEREAS, on May 3, 2007, the Supreme Court promulgated A.M.

No. 07-4-15-SC or "The Rules of Procedure in Election Contests Before the
Courts Involving Elective Municipal and Barangay Officials," pursuant to
the provisions of Section 5 (5), Article VIII of the 1987 Constitution, and in
order to achieve an expeditious, inexpensive, and just determination of
election cases before the courts;
WHEREAS, on April 27, 2010, the Supreme Court subsequently

promulgated A.M. No. 10-4-1-SC or the "2010 Rules of Procedure in
Election Contests Before the Courts Involving Elective Municipal Officials,"
further known and cited as "The 2010 Rules of Procedure for Municipal
Election Contests" regarding election contests against elective municipal
officials filed before the Regional Trial Courts;
WHEREAS, on April 25, 2022, the Supreme Court issued

Memorandum Order No. 60-2022 entitled "Creating the Special Committee
on the Rules of Procedure in Election Contest before the Second and First
Level Courts" that would study, amend and revise A.M. No. IO-4-I-SC or
.,i._" 1,
".1
Notice of Resolution -2- A.M. No. 07-4-1S-SC

August 29, 2023
the "2010 Rules of Procedure in, Election Contests before the Courts
Involving Elective Municipal Officials," as well as A.M. No. 07-4-1S-SC or
"The Rules of Procedure in Election Contest Before the Courts involving
Elective Municipal and' Barangay Officials" that will be composed of the
following:
Chairperson: Hon. Antonio T. Kilo, Jr.

Associate Justice, Supreme Court
Vice Chairperson: Hon: Remedios A. Salazar-Fernando

Presiding Justice, Court of Appeals
Members: " Hon. Raul B. Villanueva

Court Administrator, Supreme Court
, Hon. Luvina Padolina Roque

Presiding Judge, Regional Trial Court
Branch 29, San Pablo City, Laguna
Hon. Glenda R. Mendoza-Ramos

Branch 36, Calamba City, Laguna
Hon. Divina Luz P. Aquino-Simbulan

Branch 41, City of San Fernando, Pampanga
Hon. Ma. Consejo M. Gengos-Ignalaga

Presiding Judge, Regional Trial Court,
Branch 100, Antipolo City
Hon. Hermenegildo C~ Dumlao II

Branch 81, Malolos City, Bulacan
, Hon. Rigor R. Pascual

Acting Presiding Judge, Regional Trial
, Court, Branch 14, Malolos City, Bulacan
" Hon, Maria Ella Cecilia D. Dumlao-

Escalante
Presiding Judge, Metropolitan Trial Court
Branch 35; Quezon City
Hon. Karla A. Funtila-Abugan

Presiding judge, Metropolitan Trial Court
Branch 17, Manila
Notice of Resolution -3 - A.M. No. 07-4-1S-SC
August 29, 2023
Atty. Antonio Ceasar R. Manila

Office of the Chief Justice
Secretariat:
Head: Atty. Christine B. Balajadia

Office of Associate Justice Antonio T. Kho, Jr.
Members: Atty. Dreiann B. Ablaza

Atty. Thomas Elliot Mondez

Office of Presiding Justice Remedios A.
Salazar-Fernando
Marian Katrina A. Donato

WHEREAS, in the Commission on Elections (COMELEC)

Memorandum No. 230196-1, the COMELEC, during its En Bane Meeting
held on February 15, 2023, has adopted the conduct of a pilot Automated
Election System in one (1) barangay, Pasong Tamo, in District VI, Quezon
City, and in two (2) barangays, Paliparan Dos and Zone II, in Dasmarifias,
Cavite; and
WHEREAS, the Special Committee on the Rules of Procedure in

Election Contest before the Second and First Level Courts has submitted a
draft for the consideration and approval of the Supreme Court En Bane.
WHEREFORE, the Supreme Court En Bane hereby approves and

promulgates "The 2023 Amended Rules of Procedure in Elections Contests
Before the Courts Involving Elective Barangay and Sangguniang Kabataan
Officials."
The 2023 Amended Rules shall take effect fifteen (15) days after
publication once in a newspaper of general circulation or in the Supreme
Court Official Website but its effectivity shall in no case be later than
October 15,2023.
August 29, 2023.
(original signed)
ALEXANDER G. GESMUNDO
Chief Justice
. •.•.. ' ,
,r I
,.
Notice of Resolution -4- A.M. No. 07-4-l5-SC
August 29, 2023
(original signed) (original signed)

MARVIC M.V.F. LEONEN ,ALFREDO BENJAMIN S. CAGUIOA
Senior Associate Justice Associate Justice

RAMON PAULL. HERNANDO AMY C. LAZARO-JAVIER
Associate Justice Associate Justice

HENRI JEAN PAUL B. INTING. RODIL V. ZALAMEDA
On official leave (originalsigned)

MARIO V. LOPEZ SAMUEL II. GAERLAN

RICARDO R. ROSARIO JlIOSEP Y. LOPEZ
(original signed) (original signed) .

JAPARB. DIMAAMPAO JOSE MIDAS P. MARQUEZ

ANTONIO T. xno, JR. MARIA·FILOMENA D. SINGH
(adV12)
MARIFE M.· .I.J~""'-LI.JU,I<C')o.

Clerk of Court
Resolution -5- A.M. No. 07-4-15-SC
A.M. No. 07-4-JS-SC
THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE
DARANGAY AND SANGGUNIANG KADATAAN OFFICIALS
Pursuant to the provisions of Section 5 (5), Article VIII of the 1987

Constitution, and in order to achieve an expeditious, inexpensive, and just
determination of election cases before the first level courts, the Supreme Court
hereby adopts and promulgates the following rules.
RULE .1
SCOPE
SEC. 1. Title; Application. - The 2007 Rules of Procedure in Election

Contests Before the Courts Involving Elective Municipal and Barangay
Officials shall now be known as "The 2023 Amended Rules of Procedure in
Election Contests Before the Courts Involving Elective Barangay and
Sangguniang Kabataan Officials," and shall apply, unless otherwise provided
herein, prospectively to all Barangay and Sangguniang Kabataan election
contests.
SEC. 2. Application of the Rules of Court. - The Rules of Court, as amended,

shall apply to aspects of pleadings, practice, and procedure in election contests
not specifically provided for in these Rules.
These Rules shall govern the filing of pleadings, practice, and procedure in
election protests and petitions. tor quo warranto before Election Courts
involving Barangay and Sangguniang Barangay officials.
SEC. 3. Definition of Term,'i;·.·_ For purposes of and as used in these Rules,

the hereunder terms shall mean as follows:
(a) Audit Log - refers to the electronic document, stored in the vote
counting machine's data storage device, containing the list of all
activities the' vote counting machine performs from the time it is
powered on until it is turned off.
(b) Automated Barangay and Sangguniang Kabataan Elections (BSKE)

- refers to the election of Barangay and Sangguniang Kabataan officials
using the automated elec~ion system.
"
Resolution -6- A.M. No. 07-4-15-SC
(c) Automated E.lectio.n System - refers to. an election system using the
techno.~o.g~ designate~ by the .C?MELEC for voting, counting,
consolidating, canvassmg, transmission of election results, and other
related electoral processes.
(d) Certif~c~te of Canvass .o.f Votes and Proclamation (COCVP) - refers

to. th~ official document 111 printed form, containing the names of all
candidates who. ~~t~ined the highest number o.f votes in a particular
barangay and certifying to. those candidates' pro.clamatio.n as winners.
(e) Computation ofPeriod _;_ in accordance with Article 13 of the New

Civil Code, in computing a period, the first day shall be excluded and the
last day included.
(1) Clustered Precinct - refers to the group of established or regular

precincts. The protestant or counter-protestant shall use a cl ustered
precinct as basis in the computation of the pilot protested precincts under
Section 10 (c) (iv), Rule 2 of these Rules.
(g) Data Storage Device -- refers to the device that stores electronic
documents from where the data may be obtained when necessary to
verify the accuracy and correctness of election data. The data storage
device used in a vote counting machine shall be under the custody and
direct responsibility of the election officer after the completion of the
voting process. A data storage device includes the back-up storage device
under COMELEe's custody that likewise stores authentic electronic
copies of data.
(h) Electio.n·- means the choice or selection of candidates to. public office
by popular vote through the use of the ballot. Specifically, it covers the
conduct of the polls, including the listing of voters, the holding of the
electoral campaign, and the casting and counting of ballots and
canvassing of returns, and proclamation of winning candidates.
(i) Election Contests - refers to. election protests or petitions for quo
warranto.
U) Election Courts - refers to. first level courts and single-sala first level
courts, such as the Metropolitan Trial Courts (MeTC), Municipal Trial
Courts in Cities (MTCC), Municipal Circuit Trial Courts (MCTC), and
Municipal Trial Courts (MTC) designated to handle election contests.
(k) Electronic Election Return - refers to. the ·copy of the election return
defined in item (m) of this Section, in electronic form, generated by the
vote counting 'machine for purposes of automated BSK.E.
(I) Ejection Protest _. refers to an election contest relating to. the election
and returns of elective officials, grounded on frauds or irregularities in
, • ' "f
Resolution -7- A.M. No. 07-4-1S-SC
the conduct of the elections, the casting and counting of the ballots, and
the preparation and canvassing of returns. The issue is who obtained the
plurality of valid votes cast.
(m) Election Return - refers to the document showing the date of the
election, the province, city, municipality, barangay, and the precinct
where voting is held, and the number of votes, both in words and in
figures, for each candidate in clustered precincts or mono precinct.
(n) Mono Precinct - refers to an individual regular or established precinct

that has not been grouped or clustered with other regular or established
precincts. In the the computation of the pilot protested precincts under
Section 10 (c) (iv), Rule 2 of these Rules, the protestant or counter-
protestant shall only use the mono precinct as basis if the same has not
been grouped with other regular or established precincts or does not
belong to a clustered precinct.
(0) Official Ballot - refers to the paper ballot, or for purposes of

automated BSKE, the paper ballot capable of being optically scanned
contain ing the pre-printed names of all candidates and with ovals
corresponding to each of the pre-printed names. The ovals are the
designated spaces where voters express their choice through marking or
shading using a COMELEC-provided marking pen.
(p) Picture Image of the Ballot - refers to the image of the ballot captured
by the Vote Counting Machine (VCM) from the time the voter feeds
his/her ballot, which image is later stored in a memory or removable data
storage device to the VCMs.
(q) Precinct Count Optical Scan or Vote Counting Machine (VCM)-

refers to the machine, as well as the technology using an optical ballot
scanner, located in every precinct, that scans or reads paper ballots that
voters mark by hand and insert into the scanner to be counted.
(r) Proclamation - refers to an official declaration or announcement by

the concerned Board of Canvassers, based on the COCVP, of the
candidate who obtained the highest number of votes for a particular
Barangay or Sangguniang Kabataan position, or in case of 'multi-slot
positions, such number of candidates obtaining the highest number of
votes to complete the multi-slot positions.
(s) Promulgation - refers to the process by which a decision or resolution

is published, officially announced, made known to the public and
delivered to the clerk of court for tiling, coupled with notice to the parties
or their counsel.
(t) QlIO Warranto under the Omnibus Election Code - refers to an

election contest relating to the qualifications of an elective official on the
, I
Resolution -8-
A.M. No. 07-4-1S-SC
. g,rou~ld oJ~ ineligibility or disloyalty to the Republic of the Philippines.

11,le Iss~e IS ~h~eth~r respondent possesses all the qualifications and none
of the clIsquahhcattons prescribed by Jaw. '
~u) Re~ision of, BaIJots - refers to the process of a recount of the ballots
involving physical counting and segregation of ballots for the protestant
prote~tee., and other ~andidates for the same position and the recording
of objections and claims to ballots'.
(v) Statement of Votes by Precinct (SOVP) - refers to the document that

records the votes obtained by the candidates in a mono precinct or
clustered precinct.
(w) Substantial Recovery - is when the protestant is able to recover at

least twenty percent (20%) of the overall vote lead of the protestee based
on the SOVP, in relation to Section 4, Rule 10 of these Rules.
SEC. 4. Inherent Powers of the Court. - An Election Court, acting on an

election contest, shall have all the inherent powers ofa court provided under
Rule 135 of the Rules of Court, including the power to issue auxiliary writs,
processes, and other means necessary to carry out its authority or jurisdiction
into effect and to adopt suitable processes not expressly provided by, but
conformable with, law, these Rules, or the Rules of Court.
SEC. 5. Co nstruction. - These Rules shall be liberally construed to give full

effect to the will of the electorate in order to achieve an, expeditious,
inexpensive, and just determination' and disposition of election contests
involving Barangay and Sangguniang Kabataan officials.
RULE 2
ELECTION CONTESTS
SEC. 1. Jurisdiction. - The Election Courts shall have exclusive original

jurisdiction over all election contests involving elective Barangay and
Sangguniang Kabataan officials.
SEC. 2. How Initiated. - An election contest is initiated by the filing of an

election protest or a petition for quo warranto against an elective Barangay or
Sangguniang Kabataan official. An election protest or a petition for quo
warranto shall be tiled personally or through an accredited private courier
with the proper Election Court in three (3) legible copies plus such number of
copies corresponding to the number of protestees or respondents.
An election.protest shall not include a petition for quo warranto, nor

shall a petition for quo warranto include an election protest.
,v
.'
'" ~ J
Resolution -9 - A.M. No. 07-4-15-SC
SE~. 3. Modes of Service and Filing. - The service or tiling of pleadings,

motions, and other court submissions in election contests shall be made by:
(a) submitting personally the original thereof, plainly indicated as such,

to the Election Court and to the parties concerned, as the case may be;
(b) sending them by registered mail;
(c) sending them through an accredited private courier; or
(d) if authorized by the Election Court in places where the Election

Court is electronically equipped, by transmitting them by electronic
mail (e-mail) or other electronic means.
Electronic filing .and service of pleadings, motions, and other court

submissions shall be done within regular office hours or the office hours as
may be fixed by the Supreme Court or the Office of the Court Administrator.
Pleadings, motions, and other court submissions filed and served after such
hours shall be considered filed the next business day.
SEC. 4. Election Protest. - A petition contesting the election or returns of an

elective Barangay or Sangguniang Kabataan official shall be tiled with the
proper Election Court by any candidate who was voted for the same office and
who received the second or third highest number of votes or, in a multi-slot
position, was among the next four (4) candidates following the last-ranked
winner duly proclaimed, as reflected in the official results of the election
contained in the SOVP. The party tiling the protest shall be designated as the
protestant, while the adverse party shall be known as the protestee.
Each contest shall refer exclusively to one position. However, contests

for positions of Sangguniang Barangay or Sangguniang Kabataan may be
consolidated in one case.
SEC. 5. Quo "1/(1rrI11110. - A petition for quo warranto against an elective

Barangay or Sangguniang Kabataan official shall be filed with the proper
Election Court by any registered voter who has voted in the election concerned
in the particular barangay subject matter of the petition. The party tiling the
petition shall be designated as the petitioner; while the adverse party shall be
known as the respondent.
SI~C.6. Petition must be Verified and Accompanied by 11 Certificate {~fNon-

forum Shopping. - An election protest or a petition for quo warranto sl~~lI be
verified by an affidavit of the protestant, counter-protestant, or petinoner
stating:
'.
Resol ution - 10- A.M. No. 07-4-15-SC
(a) the allegations in the pleading are true and correct based on his or
her personal knowledge, or based on authentic documents; and
(b) .the fact~al ~lIegations therein have evidentiary support or, if

specifically identified, shall likewise have evidentiary support after a
reasonable opportunity for discovery.
, The signature oft.he protestant or counter-protestant/petitioner shall

~llrther se~'ve as a certification of the truthfulness of the allegations
111 the pleading.
A pleading required to be verified that contains a verification based on

"information and belief," or upon "knowledge, information and belief," or
lacks a proper verification, shall be treated as an unsigned pleading.
The protestant, counter-protestant, or petitioner shall certify under oath

in the protest, counter-protest; petition, or other initiatory pleading asserting a
claim for relief, or in a sworn certification annexed thereto and simultaneously
tiled therewith: (a) that he or she has not theretofore. commenced any action
or filed any claim involving the same issues in any court, tribunal or quasi-
judicial agency, and, to the best of his or her knowledge, no such other action
or claim is pending therein; (b) if there is such other pending action or claim,
a complete statement of the present status thereof; and (c) if he or she should
thereafter learn that the same or similar action or claim has been filed or is
pending, he or she shall report that fact within five (5) calendar days
therefrom to the Election Court wherein his or her aforesaid protest or petition
or other initiatory pleading has- been filed.
Failure to comply with the foregoing requirements shall not be curable

by mere amendment of the protest, counter-protest, or petition but, upon
motion and after hearing, shall be cause for the dismissal of the case without
prejudice, unless otherwise provided. Such dismissal without prejudice shall
not toll the running of the non-extendible ten (10)-calendar day period to tile
the protest or petition, or the five (5)-calendar day period to file the counter-
protest, as provided under these Rules, and the same may be re-filed within
the. remaining period. The submission of a . false certification or
noncompliance with any of the undertakings therein shall constitute indir.ect
contempt of court, without prejudice to the initiation of the corresponding
administrative and criminal actions. If the acts of the party or his or her
counsel clearly constitute willful and deliberate forum shopping, the same
shall be ground for summary dismissal with prejudice and shall constitute
direct contempt, as well as a cause for administrative sanctions.
, " . - . "
Resolution ~ 11 ~ A.M. No. 07~4~ 15-SC
SEC. 7. Period to File Protest or Petition; Non-extendible. - The election

protest or petition for quo warranto shall be tiled within the non-extendible
period often (10) calendar days following the date of proclamation.
SEC. 8. Pendency of Pre-proclamation Controversy. - The pendency of a

pre-proclamation controversy before the COMELEC, involving the validity
of the proclamation as defined by law shall suspend the running of the period
to tile an election protest or petition for quo warranto.
SEC. 9. COltlELEC Judgment in Disqualification Case. - A decision or

resolution of the COMELEC, either in division or en bane, in a
disqualification case shall not bar the filing of a petition for quo
warranto based on the same ground, except when the Supreme COUlt has
affirmed the COMELEC decision.
SEC. 10. Contents ofthe Protest or Petition. -
(a) An election protest or petition for quo warranto shall specifically

allege the following facts:
(i) the position involved;

(ii) the date of proclamation;
(iii) the number of votes credited to the parties per SOVP;
(iv) the summary of the witnesses' intended testimonies whose

judicial affidavits shall be attached in the preliminary conference
brief; and
(v) the documentary and object evidence in support of the allegations
contained in the pleading, including but not limited to, the SOVP and
COCVP.
(b) A quo warranto petition shall also allege:
(i) if the petitioner is not a candidate for th~ ~ame Barangay or

Sangguniang Kabataan position, the facts glV111g the petltlOnel~
standing to tile the petition, in accordance with Section 5, Rule 2 01:
these Rules;
(ii) the qualifications for the Barangay or Sangguniang Kabataan

position and the disqualifications prescribed by law; and
(iii) the petitioner's cited ground for ineligibility or the specific acts of
disloyalty to the Republic of the Philippines.
• r
Resolution
- 12 - A.M. No. 07-4-15-SC
(c) An election protest shall also allege:
(i) that the protestant was a candidate who had duly filed a certificate
of candidacy and had been voted for the same position. The protestant
shall also allege his rank whether in a single or a multi-slot position in
accordance with Section 4 of Rule 2 of these Rules:,
(ii) the total I?umber of clustered precincts or mono precincts, as the

case may be, Il1 the barangay;
(iii) the protested clustered precincts or mono precincts, as the case

may be, and the votes of the parties in the protested clustered precincts
or mono precincts per the SOVP or, if the votes of the parties are not
specified, an explanation why the votes are not specified;
(iv) the precinct number and location of the pilot protested clustered
precincts or mono precincts, as the case may be, which shall not be
less than and nearest to twenty percent (20%) of the total number of
protested clustered precincts or mono precinct that will best illustrate
the merits of the protest and which shall be subject to the initial
revision of ballots under Section 4, Rule 10 of these Rules, provided
that the identification of the pilot protested clustered precincts or mono
precincts, as the case may be, is only required in election protests
where the total number of protested clustered precincts or 1110no
precincts is at least twenty (20) clustered precincts or mono precincts;
The following formula shall be used in the computation and

identification of the pilot protested clustered precincts or mono
precincts:
Total Nun nber of Multiplied Total Number

Protested by .20 -- of Pilot
Clustered Protested
Precincts or Clustered
Mono Pre.cincts, Precincts or
as the cas e may Mono
be Precincts
(v) a detailed specification of the acts or omissi~ns com~l~in~d

of showing the electoral frauds, anomalies, or irregularities 111
the protested clustered precincts or mono precincts.
In all cases the documentary and object evidence, if any, should be

identified and appended to the election protest or petition. Likewise, the·
'. , ,
Resolution - 13 - A.M. No. 07-4-IS-SC
parties and counsels are required to indicate in their pleadings their email
addresses and contact numbers.
SI.!-:C•. 11. Raffle of Cases. - In multi-sa/a stations, the Supreme Court shall
designate the Election Courts which shall take cognizance of election protests
and petitions for quo warranto. In the event that two (2) or more Election
Courts are designated in multi-sa/a stations, a raffle shall be conducted by the
Executive Judge to determine the assignment of cases to these designated
Election Courts. No Election Court shall assume jurisdiction over an election
contest unless the case has been properly assigned to it.
At least twenty-four (24) hours before the raffle, the clerk of court must
serve personal notice to the parties, stating the date and time of the raffle.
Proof of service to the parties shall be submitted to the court, and the raffle
shall be open to the public. The Supreme Court, through the Office of the
Court Administrator, shall issue the necessary circular implementing this
proviso.
The Supreme Court, through the recommendation of the Office of the

Court Administrator, may order, upon proper motion, a change of venue or
place of trial for compelling reasons to avoid a miscarriage of justice.
SEC. 12. Summary Dismissal (if Election Contest. - The Election Court shall
summarily dismiss, motu proprio, an election protest, counter-protest, or
petition for quo warranto on any of the following grounds:
(a) the Election Court has no jurisdiction over the subject matter;
(b) the election protest, counter-protest or petition is insufficient in form

and content as required under Section 10, Rule 2 and Section 1, Rule 4
of these Rules;
(c) the election protest, counter-protest or petition is filed beyond the

period prescribed in these Rules;
(d) the tiling fee is not paid within the period for filing the election
protest or petition for quo warranto; and
(e) the deposit is not paid within the period mentioned in Section 2, Rule
7 of these Rules, in case of an election protest where cash deposit is
required.
. ; . "
Resolution
- 14 - A.M. No. 07-4-JS-SC
RULE 3
SUMMONS
S~C '. 1. .Sun~/~UJllS. - Within, twenty-four (24) hours 11-om the filing of a
protest 01 petition, the clerk of court shall issue the corresponding sum mons
~~ th~ 'protes:e~ '" respondent, together with a copy of the protest or petition,
l,equIrlng the f~lmg ·of ~n answer within a non-extendible period of five (5)
calendar days from notice.
The summons shall be directed to the protestee or respondent, signed

by the clerk of court under seed, and contain:
(a) the n~me of the Election COUli and the names of the parties
to the action;
(b) when authorized by the Election Court upon ex parte motion,

an authorization for the protestant or petitioner to serve
summons to the protestee or respondent;
(c) a direction that the protestee or respondent answer

within the time fixed by these Rules; and
(d) a notice that unless the protestee or respondent so answers,

the Election Court may render judgment and the relief sought by
the protestant or petitioner may be granted.
SEC. 2. Service of Summons. -The summons shall be served within forty-

eight (48) hours from issuance thereof, by handing copies of the summons and
ofthe protest or the petition to the protestee or respondent in person or, in case
of the protestee's or the respondent's refusal to receive and sign such copies,
by tendering them to him or her, that is by leaving the summons within the
view and in the presence of the protestee or respondent.
If, for justifiable causes, the protestee or respondent cannot be served

personally after at least three (3) attempts on two (2) separate dates, service
may be effected:
(a) by leaving copies of the summons at the protestee's or

respondent's residence to a person at least eighteen (18) years of
age and of sufficient discretion residing therein;
~ I
(b) by leaving copies lof the summons at the protestee's or
respondent's office lor regular place of business to some
competent person ir1 charge thereof. A competent person
I
...,
·.
, ,
includes, but is not limited to, one who customarily receives

correspondences for the protestee or respondent; .
(c) b~ leaving copie~ of the summons, if refused entry upon making

hIS or her authority and purpose known, to any of the officers of
the homeowners' association or condominium corporation, or its
chief security officer in charge of the community or the building
where the protestee or respondent may be found; and
(d) by sending an electronic mail to the protestee's or respondent's

e-mail address, if allowed by the Election Court.
SEC. 3. By Served, - The summons shall be served by the sheriff, or

J'VlIOI11
other court personnel designated to serve summons and in case of failure of
service of summons by them, the Election Court may, upon proper motion,
authorize the protestant or petitioner or their counsel to serve the summons
together with the sheriff or other court designated personnel.
If the protestant: or petitioner misrepresents that the protestee or

respondent was served summons, and it is later proved that no summons was
served, the case shall be dismissed with prejudice, the proceedings shall be
nullified, and the protestant or petitioner shall be meted appropriate sanctions.
If summons is returned without being served on any or all the protestees

or respondents, the Election Court shall order the protestant or petitioner to
cause the service of summons by other means available under the Rules of
Court.
Failure of the protestant or petitioner to comply with the order shall

cause the dismissal of the election prot.est or petition without prejudice.
SEC. 4. Proofof Service. - The proof of service of a summons shall be made

in writing by the server and shall set forth the manner, place, and date of
service; shall specify any papers which have been served with the process and
the name of the person who received the same; and shall be sworn to when
made by a person other than a sheriff.
Ifsummons was served bye-mail, as authorized by the Election Court,

a printout of the said e-mail, with a cop~ of the SUll1l~flOnS as serv~d" and .the
affidavit of the person who sent the e-mail, shall constitute as proof of. service.
"
Resolution - i6- A. M. No. 07 -4-15-SC
RULE 4
ANSWER AND COUNTER-PROTEST
~.EC. ~. V_er~fie~1 Answer; Counter-protest. -c- Within five (5) calendar days
hom receipt of the summons and tl~e copy of the protest or petition, the
pro~estee .or the r~s~onde.nt sh~ll tile a verified answer in three (3) legible
copies, with proof of service of a copy on the protestant or the petitioner.
,_ TI_1e answer may set . forth admissions and denials, special and
alhrn~atlve de~enses, and.a compulsory counterclaim, if any, the summary of
the witnesses' intended testimonies whose judicial affidavits shall be attached
in the preliminary conference brief,· including documentary and object
evidence, if any. Only witnesses whose judicial affidavits are attached to the
preliminary conference briefs shall be allowed to testify regarding the
allegations in the answer.
The protestee seeking to file a counter-protest must incorporate the

same in the answer. A counter-protest alleged in the answer shall specify the
counter-protested clustered precincts or mono precincts, as the case may be,
the parties' votes per the SOVP, and the summary of the witnesses' intended
testimonies whose judicial affidavits shall be attached in the preliminary
conference brief, and in the proper case, a detailed specification of the acts or
omissions complained of as electoral fraud, anomalies or irregularities in the
counter-protested clustered precincts or mono precincts .
. The documentary and object evidence, if any, should be identified and

appended to the answer or counter-protest. Also, the protestee and counsel are
required to indicate in their pleadings their e-mail addresses and contact
numbers.
SEC. 2. Answer to Counterclaim or Counter-protest. - The protestant or

petitioner shall answer the counterclaim or counter-protest within a nOI1-
extendible period of five (5) calendar days from notice.
SEC. 3. Allegations in the Answer. -
(a) Specific denial. - A protestee or respondent must specif~ each

. material allegation of fact the truth of which they do not admit and,
whenever practicable, they shall set forth the substance of the matters
relied upon in support of the d~nial. The protestee or resp~ndent shall
specify so much of the averme~ts that are true and material and shall
deny the rest.
\'
Resolution - 17 - A.M. No. 07-4-15-SC
(b) Allegations not specifically denied deemed admitted. - Material

averments in the protest or petition, other than the amount of
unliquidated damages and issues as to the appreciation of ballots, shall
be deemed admitted when not specifically denied.
SEC. 4. Effect of Failure to Plead. -
(a) Defenses and objections not pleaded. - Defenses and objections not
pleaded are deemed waived. The Election Court shall dismiss the claim when
it appears from the pleadings or the evidence on record that: (1) the court has
no jurisdiction over the subject matter; or (2) there is another action pending
between the same parties for the same cause; or (3) the action is barred by a
prior judgment or by the statute of limitations.
(b) Compulsory counterclaim or cross-claim not set up barred. - A

compulsory counterclaim, or a cross-claim not set up shall be barred.
(c) Effect offailure to answer. - If the protestee or respondent fails to file an

answer within the time allowed in an election protest that does not involve
ballot revision or in a petition for quo warranto, the Election Court shall, upon
motion of the protestant or petitioner with notice to the protestee or respondent
and upon proof of such failure, proceed to render judgment on the basis of
the allegations of the verified election protest or petition, unless the Election
Court, in its discretion, opts to require the protestant or petitioner to submit
evidence ex parte.
Where the election protest involves revision or examination of ballots

or the verification or re-tabulation of the election returns, or electronic election
returns, the Election Court shall issue the appropriate order and shall proceed
to render judgment based on the results of the revision, examination,
verification or re-tabulation. During these proceedings, only the protestant's
revisors may participate .. The protestee, or his or her duly authorized
representative, has the right to be present and to observe the proceedings,
without the right to object and to lay claim to ballots and election returns or
electronic election returns.
SEC. 5. Amendments: Limitations. - After the expiration of the period for

the filing of the election protest, counter-protest or petition for quo warranto,
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 court.
Leave of court may be refused if the motion for leave appears to the court ~o
be intended for delay. Any amendment in matters of form, such as ,a defect 111
the designation of the parties and other clearly clerical or typographical errors,
may be summarily corrected by the Election Court at any stage of the
proceedings, at its initiative or on motion, provided no prejudice is caused

thereby to the adverse party.
RULES
MOTIONS
SEC. 1. M{}tiol'~s M list be in Writing, - All motions shall be in writing, except

for those made m open court or in the course of a hearing or trial.
A motion made in open court or in the course of a hearing or trial

should immediately be resolved in open court, after the adverse party is
given the opportunity to argue his or her opposition thereto. However, in the
event that the adverse party is absent when such motion is made, the Election
Court is given the discretion to either decide the motion or allow the adverse
party to file his comment thereon;
SEC. 2. ProofofService Necessary, - The Election Court shall not act on any
written motion, except upon submitted proofof service on the adverse party.
SEC. 3. No Hearings Oil Motions. - No motion shall be set for hearing, and
no oral argument shall be allowed in support of any motion, except when
ordered by the Election Court. After receipt of the motion, the adverse party
may tile a comment within five (5) calendar days. Upon filing of the comment
or opposition or upon expiration to file the same, the Election Court shall
resolve the motion within five (5) calendar days.
RULE 6
l>ROHIBITED PLEADINGS
SEC. 1. Prohibited Pleadings and Motions. - The following pleadings,

motions or petitions shall not be allowed in the cases covered by these Rules:
(a) Motion to dismiss the petition except on the ground of lack of

jurisdiction over the subject matter, litis pendentia, and res judicata;
(b) Motion for a bill of particulars;
( c) Demurrer to evidence;
(d) Motion for new trial, or for reconsideration of a judgment, or for

reopening of trial;
(e) Petition for relief from judgment;

(1) Motion for extension of time to file pleadings, affidavits or other

papers;
(g) Memoranda;
(h) Motion to declare the protestee or respondent in default;
(i) Motion for postponements, except on the grounds oiforce majeure

or Acts of God',
(j) Motion for the inhibition of the presiding judge, except on clearly
valid grounds;
(k) Reply or rejoinder;
(I) Third-party complaint;
(m) Motion to admit additional judicial affidavits, except on meritorious

grounds: and
(n) Motion for execution pending appeal filed beyond the second day
after the promulgation of judgment.
sr~c. 2. Grounds to Dismiss Must be Set Up in the Answer. - All grounds to

dismiss an election protest or petition for quo warranto must be set up or
pleaded as affirmative or special defenses. Defenses not raised are deemed
waived. The Election Court may, in its discretion, hold a preliminary hearing
on the grounds so pleaded.
RULE7 .
FILING FEES AND CASH DEPOSITS
SEC. I. Filing Fees. -- No protest, counter-protest or petition for quo

warranto shall be accepted for filing without the payment of a tiling fee in the
amount of Five Thousand Pesos (PH? 5,000.00) each.
If claims for damages and attorney's fees are set forth in a protest or
counter-protest, additional filing fees shall be paid in accordance with the
schedule provided for in Rule 14) of the Rules of Court, as amended.
SEC. 2. Cash Deposit. - (a) In addition to the fees prescribed in the preceding
section , the protestant in an election protest requiring revision of ballots or .
examination, verification or re-tabulation of election returns, or electronic
election returns, or which may require the bringing of copies of other election
. '
.
Resolution
- 20 - A.M. No. 07-4- I 5-SC
d~cuments a~l.~ p~~rap~lernal!a to the Election Court, shall make a cash deposit
with the COUI t 111 the following amounts:
(i) One Th~usand Pesos (PI-IP 1,000.00) for each Clustered Precinct or
Mono Precll1.ct, as the case may be, covered by the protest or counter-
~l:otest, provided that the deposit shall in no case be less than Twenty-
FIve ,Thousand Pesos (PI-IP 25,000.00) to be paid upon the filing of the
election protest or counter-protest; .
(ii) If the amount to be . deposited does not exceed One Hundred

Th~u.sand Pesos.(YH: 100,000.00), in case of a Sangguniang Barangay
position, and Fifty Ihousand Pesos (PHP 50,000.00), in case of a
S~n~guniang Kabataan position, the required sum shall be paid in full
within ten (10) calendar days from the filing of the protest or counter-
protest, without need foran order from the Election Court; and
(iii) If the required deposit shall exceed One Hundred Thousand Pesos
(Pl. IP 100,000.00), in case of a Sangguniang Barangay position, and Fifty
Thousand Pesos (PHP 50,000.00), in case of a Sangguniang Kabataan
position, a cash deposit in the amount of One Hundred Thousand Pesos
(PI-IP 100,000.00) or Fifty Thousand Pesos (PHP 50,000.00), as the case
may be, shall be made within ten (10) calendar days fromthe filing of
the protest or counter-protest, without need for an order fr0111 the Election
Court. The balance shall be paid in installments under the schedule the
Election Court may require after hearing the protestant or counter-
protestant on the matter.
The cash deposit shall be applied by the Election Court to the payment
of the compensation of revisors as provided under Section 3, Rule 10 of these
Rules, and of all the expenses incidental to revision, including but not limited
to the cost of supplies and miscellaneous expenses of the revision committee,
the cost of the production in Election Court and the storage and maintenance
of election equipment and paraphernalia.
When circumstances so demand (such as when the deposit has been or is

about to be depleted), the Election Court may require the payment of
additional cash deposits. Any unused cash deposit shall be returned to the
depositing party after the complete termination of the protest or counter-
protest.
(b) The fees and deposits required under these Rules may be paid or settled
using the available electronic payment system before the concerned court or
station.
(c) Failure to make the cash deposits required within the prescribed time limit
shall'result in the automatic dismissal of the protest, or counter-protest.
"
• 0
, « •• I
RULES
PRODUCTION AN.D CUSTODY OF BALLOT BOXES AND
ELECTION DOCUMENTS
SEC. 1.lsslIal1ce of Precautionary Protection Order. - Where the

allegations in a protest so warrant, the Election Court shall issue a
precautionary protection order - simultaneously with the issuance of
summons - directing the municipal treasurer, election officer, and COMELEC
official concerned to take immediate and appropriate measures to safeguard
the integrity of all the ballot boxes and the ballots, the lists of voters and voting
records, the books of voters and other documents or paraphernalia used in the
election evidencing the conduct and results of elections in the contested
clustered precincts or mono precincts, as the case may be.
The concerned municipal treasurer, election officer or COMELEC

official having custody of the required election materials/documents who fails
to comply with the precautionary protection order may be cited in contempt
or be subjected to possible administrative liability.
In implementing the precautionary protection order, the Election Court

is empowered to deputize appropriate government personnel or law
enforcement agencies to secure and expedite the transmission of the ballot
boxes. Deliberate delay in implementing the precautionary protection order
caused by party litigants to an election protest may be a ground for the
summary dismissal of the protest or, if perpetuated by the protestee, a waiver
of the latter's right to participate in the revision of ballots.
SEC. 2. When Ballot Boxes (Inti Election Documents (Ire Brought Before
the Election Court. - Within forty-eight (48) hours from receipt of the answer,
when the allegations in a protest or counter-protest so warrant, the Election
Court shall order the ballot boxes with their keys, lists of voters with voting
records, books of voters, and other election documents or paraphernalia
involved in the protest or counter-protest, to be brought before it.
The Election Court shall notify the parties of the date and time for the
retrieval and transfer from their respective custodians of the ballot boxes with
their keys, lists of voters with voting records, books of voters, and other
election documents or paraphernalia. The parties may send representatives to
witness the activity. The absence, however, ofa representative ofa party shall
not be reason to postpone or delay the retrieval or transfer of the ballot boxes,
election documents, and paraphernal ia.
The Election Court, at its discretion, may seek the assistance of the
Philippine National Police (PNP) or the Armed Forces of the Philippines
(AFP) in ensuring the safe delivery and storage of the the ballot boxes with
. ..
Resolution - 22- A.M. No. 07-4-JS-SC
. their keys, lists of voters with voting records, books of voters, and other
election documents or paraphernalia to itscustody.
, The expenses necessary and incidental to the production in the Election

Court of the ballot boxes, election documents and paraphernalia shall be
shoulde.red and promptly paid by the protestant and counter-protestant in
proportion to tl~e clustered precincts or mono precincts, as the case may be,
~o~ered by their protests or counter-protests. The expenses necessary and
incidental to the return of the materials and documents produced in the
Election Court to their original custodians or the proper tribunal, after the
termination of the case shall likewise be shared proportionately by the
protestant and the protestee based on the number of clustered precincts or
mono precincts they respectively contest.
In the event that the station where the Election Court is located has been
placed on lockdown or other analogous circumstances, the required ballot
boxes and election documents for turnover thereto shall remain in the custody
of the concerned municipal treasurer or election officer or COMELEC official
during the duration of the lockdown or until so ordered by the concerned
Election Court. I. lowever, if it is only the Election Court that is placed on
lockdown or other similar circumstances, but the other courts in the station
remain open or operational, then the above items may be turned over either to
the Office of the Clerk of Court or the pairing court, in the presence of the
parties or their representatives.
RULE 9
PRELIMINARY CONFERENCE
SEC. 1. Preliminary Conference; Mandatory. - Within five (5) calendar

days after tiling of the last responsive pleading allowed by these Rules, the
Election Court shall conduct a mandatory preliminary conference among the
parties to consider:
(a) The simplification and limitation of the 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 who.se)udicia~ affidavits

should be attached to the preliminary conference brief, The Wltt~ess shall
identify in which capacity he or she is testifying. If the witness IS a v?ter
of the barangay concerned, he or she shall identify the clustered precll1~t
number or mono precinct number, as the case may be, where he or she IS
a voter;
(e) TI.le nature of the testimonies of the witnesses and whether they relate
to evidence aliunde the ballots, or otherwise; .
(1) The withdrawal of certain protested or counter-protested clustered

precincts or mono precincts, as the case may be, (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 revision committees to be constituted: ,
(h) The precinct number and location of the pilot protested clustered
precincts or mono precincts, as the case may be, which shall not be less
than and nearest to twenty percent (20%) of the total number of protested
clustered precincts or mono precincts that will best illustrate the merits
of the protest and which shall be subject to the initial revision of ballots;
Provided, that the identification of pilot protested clustered precincts or
1110no precincts, as the case may be, is only required in election protests
where the total number of protested clustered precincts or mono
precincts is at least twenty (20) clustered precincts or mono precincts;
and
(i) Such other matters as may aid in the prompt disposition of the case.
SEC. 2. Notice through Counsel. - The notice of preliminary conference

shall be served on counselor 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.
SEC. 3. Appearances of parties. - The parties have the duty to appear in

person before the Election Court at the preliminary conference. Counsels
appearing without their clients should be specifically authorized to appear for
and to bind their clients on the matters covered by the preliminary conference.
SEC. 4. Effect of Failure to Appear. - The failure of the protestant or

petitioner or the duly authorized counsel to appear at the preliminary
conference authorizes the Election Court, at its own initiative, to dismiss the
protest, or counter-protest or petition. The failure of the protestee or
respondent or of the duly authorized counsel to appear at the preliminary
conference shall have the same effect provided under the first ancl second
paragraph of Section 4 (c), Rule 4 of these Rules.
SI~C. 5. Preliminary Conference Brief: - The parties shall simultaneously

f Ie with the Election Court, and serve on the adverse party at least two (2)
calendar days prior to the scheduled preliminary conference, their preliminary
conference brief.') in a manner as shall ensure their receipt at least one (1) day
.. ,
~,
Resolution - 24- A.M. No. 07-4-IS-SC
before the date of the preliminary conference. The briefs shall contain the
following: .
(a) A summary of admitted facts and proposed stipulation of facts;
(b) The issues to be tried or resolved (i. e., for election protests, the
alleged frauds or irregularities committed in the conduct of the election'
for quo warranto proceedings, the ground for ineligibility or acts of
disloyalty); .
(c) The documents or exhibits to be presented;
(d) A manifestation indicating the use or the intent to use discovery

procedures or referral to commissioners;
(e) The number and names of witnesses, their addresses, and the
substance of their respective testimonies. The testimonies of witnesses
shall be by judicial affidavits, in question and answer form, which shall
serve as their direct testimonies, subject to oral cross-examination,
attached and marked herein;
(f) A manifestation of withdrawal of certain protested or counter-

protested clustered precincts or mono precincts, as the case may be, if
such is the case; and
(g) The proposed number of revision committees and names of their

revisors and alternate revisors.
SEC. 6. Failure to File Brief: - The failure to file the required brief or to
provide the brief's mandatory contents shall have the same effect as the failure
to appear at the preliminary conference.
SEC. 7. Preliminary Conference Order. - The Election Court shall issue an

order summarizing the matters taken up and the stipulations or agreements
reached during the conference, which shall include the following:
(a) an enumeration of the admitted facts;
(b) the minutes of the preliminary conference;
( c) the specific legal and factual issue/s to be tried;
(d) the applicablelaw, rules, and jurisprudence;
(e) the evidence marked;

o ~
".
Resolution - 25 - A.M, No. 07-4-IS-SC
(0 the specific trial 'dates;
(g) a statement that the one-day-examination-of-witness rule and most

important witness rule shall be strictly followed; and
(h) such other matters as may aid in the prompt disposition of the
action. .
Such order shall be issued within three (3) calendar days following the
termination of the preliminary conference. The Election Court shall specify in
its order when the revision of ballots or the re-tabulation of election returns or
electronic election returns shall commence, the starting date of which shall be
within Jive (5) calendar days from the termination of the preliminary
conference.
RULE 10
REVISION OF BALLOTS
SEC. 1. Start (~r

Revision. - The revision of ballots shall commence on the
date specified in the preliminary conference order, which should not be
beyond five (5) calendar days from the termination of the preliminary
conference.
SEC. 2. Revision Committee; Under tile Supervision of the Election

Court, - As many revision committees as may be necessary shall be
constituted. Each revision committee shall be composed of a chairperson and
two (2) members, one of whom is designated by the protestant and the other
by the protestee. The Election Court shall designate the chairperson and a
recorder, and their respective substitutes, from among its personnel. The
parties shall also designate their respective substitute revisors.
The revision committee shall conduct the revision in the court premises
or at such other secured place the Election Court may designate within the
territorial jurisdiction of the Election Court, 111 every case under its strict
supervisron.
The revisors shall discharge their duties with the highest degree of
integrity, conducting the proceedings with the same dignity and discipline as
if undertaken by the Election Court itself. They shall exercise extraordinary
diligence and take precautionary measures to prevent the loss, disappearance
or impairment of the integrity (such as marking or spoilage by any means).of
the ballots and election documents, and the misuse of election paraphernalia,
SEC. 3. Compensation of the Revisors. ~ The Election Court shall fix the
compensation of the revisors at Eight Hundred Pesos (PHP 800.00) per ballot
box for the chairperson and Three Hundred Pesos (PHP 300.00) pel' ballot box
for each party revisor. The party revisors shall be entitled to an additional per
diem of Five Hundred Pesos (PHP 500.00) each per clay. The compensation
for a recorder shall be Three Hundred Pesos (PHP 300.00) per ballot box.
These compensations shall be chargeable against the cash deposit as provided
for in Section 2, Rule 7 of these Rules.
SI.!-:c. 4. Initial Recount of the Ballot. - If the election protest consists of at

least twenty (20) protested clustered precincts or mono precincts, as the case
may be, the pilot protested clustered precincts or mono precincts, which shall
not be less than and nearest to twenty percent (200/0) of the total number of
protested clustered precincts or mono precincts, that will best illustrate the
merits of the protest shall be the subject of an initial recount of the ballots, in
accordance with the provisions of Sections 6, 7, and 8, Rule 10 of these Rules.
The initial recount in the protest is intended to determine if there is a
substantial recovery wherein the protestant is able to recover from the pilot
protested clustered precincts or mono precinct, as the case may be, at least
twenty percent (200/0) of the overall vote lead of the protestee, through the
appreciation of ballots and other submitted election documents.
The following formula shall be used in the computation of substantial

recovery:
Substantial
Recovery that
Overall. Vote Multiplied by .20 - must be
Lead of the established by the
Protestee protestant after
the initial recount
of the pilot
protested
clustered
precincts or mono
precincts, as the
case may be.
---
Based on the above determination, the Election Court shall dismiss the
protest, without further proceedings, if no subs~~:1I1tial r~covery. c?uld be
established from the pilot protested clustered precincts or mono precincts, as
the case may be.
Resolution - 27 - A.M. No. 07 -4-IS-SC
If substantial recovery could be established by the protestant from the

pilot protested clustered precincts or mono precincts, as the case may be, the
recount of the ballots in the remaining protested clustered precincts or mono
precincts shall proceed. If there are counter-protested clustered precincts or
mono precincts in the answer of the protestee then the revision thereof shall
follow.
If no substantial recovery could be established from the p110t protested

precincts or mono precincts, the Election Court shall dismiss the protest
without further proceedings. However, the dismissal of the protest without
further proceedings shall apply only to election protests that purely involve
revision of ballots. If the protest, aside from revision and appreciation of the
ballots, involve other grounds, such as, but not limited to vote-buying,
substitute voting, fraud, terrorisn or violence, and the protestant failed to
establish substantial recovery in accordance with this Section, the Election
Court shall not dismiss the election protest but shall proceed to hear and
determine such other grounds raised in accordance with the provisions of Rule
13 of these Rules.
SEC. 5. Determination of the Merit or Legitimacy of tile Protest Prior to

Revision ofthe Remaining Contested Precincts. - The recount of the ballots
in the remaining protested clustered precincts or mono precincts, as the case
may be, shall not commence until the Election Court shall have determined
substantial recovery based on the results of the recount of the votes from the
pilot protested clustered precincts.
The provisions of Sections 4 and 5 of these Rules shall not apply if the
total number of protested clustered precincts or mono precincts, as the case
may be, in the election protest is less than twenty (20) clustered precincts or
mono precincts.
SEC. 6. Continuous Revision. -
(a) Periodfor revision . .... :. Revision shall be conducted from 8:30 a.m. to
12:00 noon and from I :30 p.m. to 4:30 p.m. from Monday to Friday,
except on non-working holidays. The revisors may take a I5-minute
break in each session.
(b) Revision to continue in case offailure to report of the Chairperson.>-

The revision shall not be delayed or postponed in case of failure to report
of the Chairperson for any reason, so long as his or her substitute
designated by the EIt~ction Court, and the parties' revisors are present.
(c) Ifthe revisor a/the protestee or counter-protestee is absent or late.-

If the revisor of the protestee or counter-protestee is absent or late for
Resolution - 28 - A.M. No. 07-4-1S-SC
thirty (30) minutes and no alternate appears as a substitute , the revision

'
shall, nevertheless, commence. The protestee shall be deemed to have

waived the right to appear and to object to the ballots during his or her
revisor's absence or tardiness
(d) !f the revisor ofprotestant or counter-protestant is absent or late or

the revisors of both parties are absent or late. - If the protestant's or
counter-protestant's revisor is absent or late for thirty (30) minutes and
no alternate appears as a substitute, the protestant 01' counter-protestant
isdeemed to have waived his or her right to the revision for that day and
the ballots shall no longer be revised.
The parties are likewise deemed to have waived their right to the revision
for that day, and the ballots shall no longer be revised, if the revisors of
both parties and their alternates are also absent or late within thirty (30)
minutes after the scheduled start of the revision.
In both instances, the ballot boxes scheduled for revision on that day, and
the corresponding ballot box keys in the possession of the chairperson,
shall be returned to the Election Court's ballot box custodian. The
chairperson concerned shall state the facts of absence or tardiness and
waiver in the revision report
SEC. 7~ Prohibited Access. - During the revision, no person other than the
judge, the clerk of court, the chairperson and the members of the revision
committees, the parties and their duly authorized representatives, shall have
access to the revision area.
SEC. 8. Conduct (~f Revision. - The revision of the votes on the ballots shall
be done manually and visually according to the procedure below:
(a) On the scheduled day of revision, the ballot boxes containing the
ballots in protested and counter-protested clustered precincts or mono
precincts, as the case may be, should be in the custody of the. Election
, Court.
(b )The revision committee shall initially note the condition of the ballot
box and its locks and locking mechanism, and record this condition in
the revision report.
(c) The ballot box shall then be opened and the ballots taken out. .The
valid-ballots shall first be counted, without regard to the votes obtained
by the parties. This will be' followed by the counting of the torn, unused
stray and rejected ballots, as classified at the polling place.
.' , · ~.
(d) The votes appearing in the election returns or electronic election

returns copy for the ballot box shall then be recorded in the minutes.
( e) Prior to the actual revision, the revision committee must authenticate

each and every ballot to make sure that it was the same ballots cast, and
in case of automated BSKE, cast and fed to the YCM, during the voting.
The authentication shall be through any method or device certified by the
COMELEC to be capable of performing the desired authentication
requirement through the use of bar codes and ultra-violet ray code
detection mechanism;
(I) For purposes of automated BSKE, the revision shall only proceed
after the revision committee, through its chairperson and members, has
determined that the integrity of the ballots has been preserved. In the
event that the revision committee determines that the integrity of the
ballots and the ballot box have not been preserved, as when proof of
tampering or substitution exists, the Election Court shall issue an order
directing the COMELEC to decrypt and print the picture image of the
ballots stored in the data storage device for the precinct in accordance
with the COMELEC's Minute Resolution No. 22-0787. The expenses for
the decryption and printing of the picture image of the ballots shall be
borne by the protestant or protestee, as the case may be.
(g) The revision committee shall thereafter proceed to look at the ballots
and count the indicated votes for the contested position.
(h) The revision committee shall bear in mind that the will of the voters
reflected as votes in the ballots shallas much as possible be given effect,
setting technicalities aside. Furthermore, the votes are presumed to have
been made by the voter and shall be so considered unless reasons exist
to justify their rejection. The rules on the appreciation of ballots under
Section 211 of the Omnibus Election Code shall apply.
(i) However, for purposes of automated BSKE, marks or shades that are
less than twenty-five percent (25%) of the oval, based on visual
examination, shall not be considered as valid votes, unless circumstances
show otherwise. The rules on the appreciation of the ballots under
Section 211 of the Omnibus Election Code shall apply suppletorily when
appropriate.
U) There shall be a tally sheet in at least five (5) copies, plus additional
copies depending on the number of additional parties, that shall be used
to tally the votes as they are counted through the use of taras and sticks.
(k) After all the ballots from one ballot box have been counted, the
revision committee. shall secure the contested ballots and complete the
recount report for the precinct Thereafter, it shall proceed to recount the
votes from the ballots of the next precinct.
(I) .In case of multiple revision committees, the recount shall be done
simultaneously. .
(m) In the event that the area where the revision is being conducted is
placed on lockdown or other analogous circumstances, the judge should
determine a suitable place for the continuation thereof taking into
consideration the health, safety, and security protocols that should be
observed and that the subject place should be within his or her territorial
jurisdiction, provided that the parties or their representatives are duly
notified of such transfer.
SEC 9. Preparation lind Submis ..sion of Revision Report. - The committee

shall prepare and submit to the Election Court a revision report per precinct
stating the following:
(a) the precinct number;
(b) the date, the place, and the time of revision;
(c) the votes of the parties per physical count;
(d)the condition and serial numbers of the following:
( I) ballot boxes;
(2) self-locking security metal or plastic seals (inner and outer) and
padlocks of the ballot boxes;
(3) security envelopes containing the election returns or electronic

election returns; and
(4) numbered paper seal of the envelopes;
(e) for purposes of automated BSKE, the availability of and ot~ler

circumstances attendant to the VCM and other automated election
devices and paraphernalia used in the revision, if required;
(f) the votes of the parties per ballot box copy of the ele~tion ~·et~lrns or
electronic election returns and per the tally sheet/board found inside the
ballot box;
(g) the number of ballots objected to by the parties indicating therein the
exhibit numbers; -
(h) the grounds of objections;
(i) the number of stray ballots;

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Resolution - 31 - . A.M. No. 07-4-J5-SC
U) the claims on ballots with their exhibit numbers; and
(k) the entries in the Minutes of Voting and Counting, particularly:
( I) the number of registered voters;
(2) the number of voters who actually voted;
(3) the number of official ballots, together with their serial numbers,
used in the election;
(4) the number of ballots actually used indicating the serial numbers
of the ballots' , and
(5) the unused ballots together with their serial numbers.
The revision forms shall be made available prior to revision. The per-
precinct revision report shall be signed and certified to by the chairperson ancl
the revisors of the parties, and shall form part of the records of the case. A
copy of the required form for the revision report is hereto attached.
In addition to the per-precinct revision report, the revision committee

shall also prepare and submit to the Election Court, within five (5) calendar
days from termination of the revision, a committee report summarizing the
data, votes, ballot objections and claims, and significant observations made in
the revision of ballots from the protested clustered precincts or mono
precincts, as the case may be, and later from the counter-protested clustered
precincts or 1110110 precincts, if so conducted, based on the provisions of
Section 4, Rule 10 of these Rules. Each party furnished with a copy of the
committee report may submit their comments thereon within a non-extendible
period of five (5) calendar days from notice, failure of which shall be deemed
a waiver on the part of the said party to do so. No further pleadings are
allowed.
SEC. 10. Order ofRevision. - Revision of ballots shall start with those from
the protested precincts or mono precincts, as the case may be, of the protestant,
subject tc the provisions ofSections 4 and 5, Rule 10 of these Rules.
SEC. lI, Inquiry {IS to Security Markings and Vital Information Relative to
Ballots and Election Documents .. _ When a revision of ballots is ordered, and
for the guidance of the revisors, the Election Court shall inquire about the
security markings on the ballots and election documents from the Chairperson
of the COMELEC who shall be obi iged to indicate these markings, measures
and other vital information that mav aid the Election Court in determining the
authenticity ofballots and election documents. Theparties shall be notified of
the results of such inquiry.
Resolution - 3-2 - A.M. No. 07-4-15-SC
, RULE 11
TECHNICAL EXAMINATION
~~C. 1. Motit~/lfor Tec~ll1i~al Ex?minlltiol1.; Contents. - A party may move

fOI the techl1lc~1 eXaml11~~lOn of- the presented evidence within five (5)
calel~da.r days after completionof the revision in the protest or counter-protest
specifying: '
(a) th~ n~ture of the technical examination requested (e.g., fingerprint

exarninatron, etc.);
(b) the documents to be subjected to technical examination;
(c) the objections made in the course of the revision of ballots which the
movant intends to substantiate with the results of the technical
examination; and
(d) the bal lots covered by such objections.
However, when the protest or counter-protest involves an allegation of

massive substitutevoting, a' motion for technical examination may be filed
within five (5) calendar days after the issuance of the preliminary conference
order. Failure to file such motion within the period provided shall constitute a
waiver to avail of such technical examination.
SEC. 2. Technical Examination; Time Limits. - The Election Court may

grant the motion for technical-examination at its discretion and under such
conditions it may impose. If the motion is granted, the technical examination
shall start within five (5) calendar days from notice to both parties and shall
be completed within the period specified by the Election Court, and in no case
to exceed twenty (20) calendar days, unless the Election COUlt grants an
extension based on exceptionally meritorious grounds. A party may attend the
technical examination; either personally or through a representative.
However, the technical examination shall proceed with or without the
attendance of the party, provided that due notice has been given to the party.
The expenses for technical examination shall be for the account of the
party requesting the examination and under the supervision of the clerk of
court.
SEC. 3. Experts; ~VIIO shall Provide. - Experts necessary for the conduct of
technical examination shall beprovided by the party requesting the same and
may come from the National Bureau of Investigation, the PNP Crime
Laboratory, the COMELEC, the Department of Science and Technology or
experts from the private sector. The other party may secure the services of
, "
their own expert who may only observe, not interfere with, the examination
conducted by the movant's experts.
RULE 12
PHOTOCOPYING OF BALLOTS
SEC. I. Photocopying Simultaneous with Revision. - On motion of a party,

the Election Court may allow the photocopying of ballots and other election
documents, upon such terms and conditions as it may impose. The
photocopying, if allowed, must start at the commencement of revision, and as
far as practicable, must be completed simultaneously with the termination of
revisron.
SEC. 2. Where Conducted; Parties to Provide Own Photocopying Units.>-

Photocopying shall be done within the premises of the Election Court, near
the revision area, and shall be under the supervision of the clerk of court. The
party concerned shall provide an efficient photocopying unit and shall bear all
expenses relative thereto.
RULE 13
PRESENTATION OF .EVIDENCE
SEC. 1. Presentation and Reception of Evidence; Order of Hearing, - If at

the preliminary conference the parties have agreed on issues that do not
involve the examination and appreciation of ballots or other election
documents (e.g., vote-buying, fraud, terrorism, or violence), the reception of
evidence on the issues, including the testimonies of witnesses, shall be done
simultaneously with the revision of ballots that may be required.
The reception of evidence on all other matters or issues incidental to or

involving the ballots and related election documents shall be made upon
completion of (a) the revision of ballots or election documents; or (b) the
technical examination, if allowed, by the Election Court under the provisions
of Rule 11 of these Rules.
The reception of evidence shall be made 111 accordance with the

following order of hearing:
(a) the protestant or petitioner shall present evidence in support of the

protest or petition. In case of election protests, the protestant shall also
present evidence to prove the manner of handling, storing ~nd/01~
safeguarding of the ballot boxes and its contents for the determination of
whether the integrity of the ballot boxes and its contents have been
preserved.
(b) the, protestee or respondent shall then adduce evidence in support of

the defense, counterclaim or counter-protest, if any; and
(c) no rebuttal or sur-rebuttal evidence shall be allowed .
. II~ offering testimonial evidence, the judicial affidavits attached to the

preliminary c~nference briefs shall be considered as the witness' direct
testl~nony, subject to the right of the adverse party to object to its inadmissible
portions and to orally cross-examine the witness.
The one-day-cross-examination-of-witness rule - i.e., a witness has to be

fully cross-examined in one day - shall strictly be followed, subject to the
Election Court's discretion to extend the cross-examination for "justifiable
reasons.
The revision reports, as well as the ballots objected to or claimed by the

parties, shall automatically form-part of court records and may be adopted by
the other parties as their evidence.
Proceedings in election contests shall be conducted in-court. However,

if the Election Court finds that the conduct of a videoconference will be
beneficial to the fair, speedy; 'and efficient administration of justice, the
Election Court, upon motion, may set the case for videoconference at any
stage of the proceedings.
SEC. 2. Offer (~l Evidence. - The Election Court shall consider no evidence
that has not been formally offered. Offer of evidence shall be done orally on
the last day of hearing allowed for each party after the presentation of the
party's last witness. The opposing party shall be required to immediately
interpose objections to the offer, The Election Court shall rule on the offer of
evidence in open court. However, the Election Court may, at its discretion,
allow the party to make an offer of evidence in writing, which shall be
submitted within three (3) calendar days. If the Election Court rejects any
evidence offered, the party may: make a tender of the excluded evidence.
., .
SEC. 3. Reception of Evidence Continuous. - Reception of evidence, once

commenced, shall continue from day to day as far as practicable until
terminated at the Election Court's order. Tn no case shall the entire period for
reception of evidence exceed ten (l0) calendar days for each party from the
first clay of such reception, unless otherwise authorized by the Supreme Court.
SEC. 4. Adjournments (l11t1 Postponements, - No motion for postponement

shall be allowed, except forforce majeure or Acts of God. In no case shall the
resetting of hearings have an interval exceeding three (3) calendar days, nor
•.• I' ._
Resolution - 35 - A.M. No. 07-4-J5-SC
shall the postponements of hearing granted to each party exceed three (3)
times of three (3) calendar days interval each. The filing of dilatory pleadings
or motions shall constitute direct contempt of court and shall be punished
accordingly.
SEC. 5. Burden of Proof, - Burden of proof is the duty of a patty to present

evidence of the facts in issue, necessary to establish one's claim or defense.
In considering the results of the revision, vis-it-vis the results reflected

in the official canvassing, the following shall be observed:
(I) The ballots cannot be used to overturn the official co LInt as

reflected in the election returns or electronic election returns unless it is
first shown affirmatively that the ballots have been preserved with care
which precludes the opportunity of tampering and suspicion of change,
abstraction, or substitution;
(2) The burden of proving that the integrity of the ballots has been
preserved in such a manner is on the protestant;
(3) Where a mode of preserving the ballots is enjoined by law, proof

must be made of such substantial compliance with the requirements of that
mode as would provide assurance that the ballots have been kept inviolate
notwithstanding slight deviations from the precise mode of achieving that
end;
(4) It is only when the protestant has shown substantial compl iance
with the provisions of law on the preservation of ballots that the burden of
proving actual tampering or likelihood thereof shifts to the protestee; and
(5) Only if it appears to the satisfaction of the Election Court that

the integrity of the ballots has been preserved should it adopt the result as
shown by the recount and not as reflected in the election returns or
electronic election returns.
SEC. 6. Disputable Presumptions. - The following presumptions are

considered as established facts, unless contradicted and overcome by other
evidence:
. "
(a) On the election procedure:
(i) ~he election ofcandidates was held on the date and at the
time set and in. the polling place determined by the
COMELEC;
(ii) The Boards of Election Inspectors were duly constituted and

organized; ,
(iii) Political parties and candidates were duly represented by

pollwatchers;
(iv) Pollwatchers were able to perform their functions;
(v) The Minutes of Voting and Counting contains all the

incidents that 'transpired before the Board of Election
Inspectors; and'
(vi) For purposes of automated BSKE, the Audit Log contains the
list of all activities performed by the VCM from the time it
was powered 011 until it was turned off
(b) On election paraphernalia:
(i) Ballots and election returns or electronic election returns that

bear the security markings and features prescribed by the
COMELEC are genuine;
(ii) The data and information supplied by the members of the

Boards of Election Inspectors in the accountable forms are
true and correct:
. ,
(iii) The allocation, packing, and distribution of election
documents or paraphernalia were properly and timely clone;
and
(iv) For purposes, of automated BSKE, the VCM and

consolidation machines and the data storage devices are all
in order, and the data generated reflect the activities entered
in these electronic machines and devices.
(c) On appreciation of ballots:
(i) A ballot with appropriate security markings is valid;
(ii) The ballot reflects the intent of the voter;

t, l t 1.
· ..
,."
(iii) The ballot was properly accomplished;
(iv) A voter personally prepared one ballot, except in the case of

assistors; and
(v) The exercise of one's right to vote was voluntary and free.
RULE 14
DECISION
SEC. 1. Rendition ofDecision, - The Election Court shall decide the election
contest within thirty (30) calendar days from the date it is submitted for
decision, in no case beyond six (6) months after its tiling, unless the Supreme
Court, through the Office of the Court Administrator, authorizes an extension
in writing.After the submission of the case for decision, the judge, during the
thirty (30}:-day period to decide the election contest or until the promulgation
of the decision therein, prior to the lapse of the said period, shall prioritize the
resolution 'of the election contest over his or her other adjudicative duties and
functions ..
An election protest is deemed submitted for decision after completion

of the reception of evidence. In an election protest, the winner shall be the
candidate who obtained the plurality of the valid votes cast.
,
SEC. 2. F~JlAnf of Decision in Election Protests. - After the termination of the
revision of ballots and before rendering its decision in an election protest that
involved such revision, the Election Court shall examine and appreciate the
original b~llots. The Ejection Court, in its appreciation of the ballots and in
rendering rulings on objections, shall observe the following rules:
(a) On Marked Ballots - The Election Court must specify and point to
the marking clearly indicating the voter's intent to identify the ballot;
(b) On Fake or Spurious Ballots - The Election Court must specify the
COMELEC security markings or features that are not found in the
ballots, election documents or paraphernal ia, or for purposes of
automated BSKE, machine, device or paraphernalia considered fake or
spurious, or the operation aspects of the machine, device or paraphernalia
that resulted in fake or spurious results;
(c) 0:11 Stray Ballots - The Election Court must specify and state in detail
why the ballots are considered stray;
II I I .!..
(d) On Pair or Group of Ballots Written by One or Individual Ballots

Wrftten By Two - When ballots are invalidated on the ground of being
wntt.en by one per~on, the Election Court must clearly and distinctly
specify why the ?~ur or group of ballots has been written by only one
person. The specific strokes, figures or letters indicating that the ballots
have. been written ~y one person must be specified. A simple ruling that
a parr or group of ballots has been written by one person would not
suf~ce. The sam.e is true when ballots are excluded on the ground of
havmg been wntten by two (2) persons. The Election Court must
likewise take into consideration the entries of the Minutes of Voting and
CO~ll1ting relative to illiterate or differently abled voters, if any, who cast
their votes through .assistors, in determining the validity of the ballots
found to be written by one person, whether the ballots are in pairs or in
groups; and .
( e) On Claimed Ballots +The Election Court must specify the exact basis
for admitting claimed votes or crediting these to either party.
SEC. 3. Several Judgments. ~ In a protest or petition against several

protestees or respondents, the Election Court may, when a several judgment
is proper, render judgment against one or more of them, leaving the protest or
petition to proceed against the others ..
SEC. 4. Promulgation of Decision, - The decision signed by the presiding

judge shall be promulgated by reading, upon motion, its dispositive portion in
open court on a date set with notice to the parties and filing the decision with
the clerk of court, who shall forthwith indicate the date of rendition and cause
true copies thereof to be served, personally or by registered mail, on the
counsels or on the parties if they are not represented by counsel.
In the event that the decision is scheduled for promulgation on a Friday

or a day before a national or local holiday, the hearing should be held in the
mormng.
SEC. 5. Finality of Decision.s- The Election Court's promulgated decision

shall become final and executory after the lapse offive (5) calendar days after
tiling with the clerk of court and receipt of notice by the parties. if no appeal
is taken.
SEC. 6. Entry ofJudgment. _; If no appeal is filed within the time provided

in these'Rule;, the judgment shall be entered by the clerk of court in the book
of entries of judgments. The date of finality of the judgment shall be deemed
to be the date of its entry. T'he'record shall contain the dispositive part of the
judgment and shall be signed by the clerk of court, with a certificate that such
judgment has become final and executory.
, ", \ 1 .1.
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-
Resolution - 39 - A.M. No. 07-4-J5-SC
SEC. 7. Notice of Final Decision. - As soon as the decision becomes final,

the clerk of court shall send notices to the COMELEC. the Department of the
Interior and Local Government, and the Commission on Audit.
SEC. 8. Appeal. - An aggrieved party may appeal the decision to the

COMELEC, within five (5) calendar days after promulgation, by filing a
notice of appeal with the Election Court that rendered the decision, with copy
served on the adverse counselor the adverse party who is not represented by
counsel. The Election Court has three (3) calendar days within which to act
on the notice of appeal.
SEC. 9. Appeal Fee. - The appellant in an election contest shall pay to the
Election Court that rendered the decision an appeal fee of Two Thousand
Pesos (PI-IP 2,000.00), simultaneously with the tiling of the notice of appeal.
The appeal fee provided in this section shall be separate and distinct
from the COMELEC appeal fee which the appellant may be required to pay
with the COMELEC pursuant to the provisions of the COMELEC Rules of
Procedure. Further, any expense that may be required for the transmission of
election paraphernalia shall be shouldered by the interested party.
(~r
SEC. 10. Immediate Transmittal Records of the Case. - The clerk of court
shall, within fifteen (15) calendar days from the perfection of the appeal,
transmit to the Electoral Contests Adjudication Department of the
COMELEC, the complete records of the case, together with all the evidence,
including the original and three (3) copies of the transcript of stenographic
notes of the proceedings.
SEC. 11. Execution Pending Appeal. - On motion of the prevailing party

with notice to the adverse party or counsel, which must be filed strictly within
two (2) days from the promulgation of the decision, either personally or
through electronic means during regular office hours, the Election Court,
while still in possession of the original records, but within the five (5)-
calendar day period to appeal, may order the execution of the decision in an
election contest before the expiration of the period to appeal, subject to the
following rules:
(a) Execution pending appeal shall not issue except upon motion and
hearing within the five (5)-day calendar period to appeal. The motion for
execution pending appeal, which must be filed by the prevailing party,
must be supported by good reasons cited and stated by' the Election Court
in a special order. These reasons must:
Resolution - 40- A.M. No. 07-4-15-SC
(1) constitute superior circumstances demanding urgency that

wo.uld o.utw:igh ~he injury o.r damage should the losing party secure
a reversal of the Judgment on appeal; and
(2) be manifest, in the decision sought to. be executed , that the defeat
' '
of the protestee or the victory of the protestant has been c1early

established.
(b)
.. The mandatory clue process. .
requirements to. resolve such motion ,
including the submission of comment and hearing, must be completed
within the five (5)-calendar day period, The comment to. the motion must
be filed within twenty-four (24) hours from the filing Df the motion,
which must be served to. the other party via personal service or electronic
mail. Failure to. timely.file a comment waives the right of the litigant to.
submit a written responsive pleading, but they may orally manifest their
position in the hearing to. be conducted by the Election Court, which must
be scheduled not later than' a day before the lapse of the five (5)-calendar
day period to. appeal. No. extension of time shall be granted.
(c) If the Election Court grants an execution pending appeal, an

aggrieved party shall have twenty (20) calendar days from notice of the
special order 0.1' denial of the motion for reconsideration within which to.
secure a restraining order or status quo order from the Supreme Court or
the COMELEC. The corresponding writ of execution shall issue 'after
twenty (20) calendar days if no. restraining order or status quo order is
issued. During the twenty (20)-calendar day period, the issuance of a writ
o.f execution pending appeal shall be stayed.
SEC. 12. Jurisdiction of the C~l1lmissiol1 on Elections ill Certiorari Cases. -

The COMELEC has, the authority to. issue the extraordinary writs
o.f certiorari, prohibition and mandamus only in aid of its appellate
jurisdiction o.ver decisions ofthe Election Courts in election cases involving
Barangay and Sangguniang Kabataan officials.
SEC. 13. Preferential Disposition p.f Election Contests. - The Election

Courts shall give preference to
election contests o.ver all other cases, except
petitions fur habeas corpus and for the writs 0.1' amparo and habeas data.
:
c L' / to.
RULE 15
COSTS, DAMAG"ES, AND ATTORNEY'S ]~EES
SEC. 1. Costs; When Allowed. - Costs shall be allowed to the prevailing

party as a matter of course. The Election Court shall have the power, for
special reasons, to apportion the costs, as may be equitable. The Election
Court may render judgment for costs if a protest, a counter-protest or a petition
for quo warranto is dismissed. When a protest, a counter-protest or a petition
for quo warranto is found to be frivolous, double or treble costs may be
imposed on the protestant, the counter-protestant or the petitioner.
SEC. 2. Damages and Attorney's Fees. - In all election contests, the Election
Court may adjudicate damages and attorney's fees, as it may deem just and as
established by the evidence, if the aggrieved party has included such claims
in the pleadings.
RULE 16
FINAL PROVISIONS
SEC. 1. Repealing Clause. - All other rules, resolutions, regulations or

circulars of the Supreme Court or parts thereof that are inconsistent with any
of the provisions of these Rules are hereby deemed repealed or modified
accordingly.
SEC. 2. Effectivity clause. - The 2023 Amended Rules shall take effect
fifteen (15) days after publication once in a newspaper of general circulation
or in the Supreme Court Official Website but its effectivity shall in no case be
later than October 15,2023.
fo
,) ,
Notice of Resolution - 42- A.M. No. 07-4-15-SC

August 29, 2023
HON. ANTONIO T. KHO, JR. (x)

HON. LUVINA PADOLINA ROQUE (reg)
Associate Justice and Chairperson Presiding Judge and Member
Special Committee on the Rules of Procedure Special Committee on the Rules of Procedure
in Election Contest Before the Second and in Election Contest Before the Second and
First Level Courts First Level Courts
Supreme Court
Regional Trial Court, Branch 29
San Pablo City, Laguna
HON. REMEDIOS A. SALAZAR-FERNANDO (x)
Presiding Justice and Vice-Chairperson HON. GLENDA R. MENDOZA-RAMOS (reg)
Special Committee on the Rules of Procedure Presiding Judge and Member
in Election Contest Before the Second and Special Committee on the Rules of Procedure
First Level Courts in Election Contest Before the Second and
Court of Appeals First Level Courts
Manila . Regional Trial Court, Branch 36
Calamba City, Laguna
*HON. RAUL B. VILLANUEVA (x)
Court Administrator and Member HON. MA. CONSEJO M. GENGOS-IGNALAGA (reg)
Special Committee on the Rules of Procedure Presiding Judge and Member
in Election Contest Before the Second and Special Committee on the Rules of Procedure
First Level Courts in Election Contest Beforethe Second and
Supreme Court First Level Courts
Any. ANTONIO CEASAR MANILA (x) Antipolo City
Member
Special Committee on the Rules of Procedure HON. HERMENEGILDO C. DUMLAO II (reg)
in Election Contest Before the Second and . Presiding Judge and Member
First Level Courts Special Committee on the Rules of Procedure
Office of the Chief Justice in Election Contest Before the Second and
Any. CHRISTINE B. BALAJADIA (x) Malolos City, Bulacan
Head Secretary
Special Committee on the Rules of Procedure HON. RIGORR. PASCUAL (reg)
in Election Contest Before the Second and Acting Presiding Judge and Member
First Level Courts Special Committee on the Rules of Procedure
Office of Associate Justice Antonio T. Kho, Jr. in Election Contest Before the Second and
HON. ROSMARI D. CARANDANG (x) Malolos City, Bulacan
Chancellor
PhilJA, Supreme Court HON. MARIA ELLA CECILIA D. DUMLAO-
ESCALANTE (reg)
MANDATORY CONTINUING LEGAL EDUCATION' Presiding Judge and Member
OFFICE (reg) Special Committee on the Rules of Procedure
4th Fir., IBP Bldg.,15 Dona Julia Vargas Ave. in Election Contest Before the Second and
Ortigas Center, Pasig City First Level Courts
Metropolitan Trial Court, Branch 35
PUBLIC INFORMATION OFFICE (x) Quezon City
Supreme Court
HON. KARLAA. FUNTILA-ABUGAN (reg)
Presiding Judge and Member
*for circularization Special Committee on the Rules of Procedure
in Election Contest Before the Second and
First Level Courts
Metropolitan Trial Court, Branch 17
Manila
COMELEC(x)
Intramuros, Manila
Notice of Resolution - 43- A.M. No. 07-4-15-SC
August29,2023
THE SECRETARY (x)

Department of Justice
DOJ Building, Padre Faura St.,
Ermita, Manila
THE SOLICITOR GENERAL (reg)

Office of the Solicitor General
134 Amorsolo Street
Legaspi Village, Makati City
INTEGRATED BAR OF THE PHILIPPINES (reg)

15 Dona Julia Vargas Avenue
Ortigas Center, Pasig City 16
A.M. No. 07-4-15-SC

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OCA Circular No. 312 2023 Resolving Election Protests SK & Barangay

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OCA Circular No. 312 2023 Resolving Election Protests SK & Barangay

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OCA CIRCULAR NO. 312-2023

TO ALL FIRST LEVEL COURTS DESIGNATED AS ELECTION

SUBJECT: THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

In accordance with the 29 August 2023 Resolution in A.M. No. 07-4-

Particular attention should be given to the following final provisions of

Section 1. Repealing Clause. - All other rules, resolutions,

Section 2. Effectivity Clause. - The 2023 Amended Rules shall

The 2023 Amended Rules was published in The Philippine Star on

For information, guidance, and strict observance.

JENNY LI 0 R. ALDECOA-DEL RINO

MMAI~lFRc/rio/am.no.07 -4-15 -sc/2023amendedruleselectioncontestsbarangay&sk

l\epuhlic of the ~bilippines

Please take notice that the Court en bane issued a Resolution

"A.M. No. 07-4-1S-SC

THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

WHEREAS, Section 5 (5), Article VIII of the 1987 Constitution

WHEREAS, on May 3, 2007, the Supreme Court promulgated A.M.

WHEREAS, on April 27, 2010, the Supreme Court subsequently

WHEREAS, on April 25, 2022, the Supreme Court issued

Notice of Resolution -2- A.M. No. 07-4-1S-SC

Chairperson: Hon. Antonio T. Kilo, Jr.

Vice Chairperson: Hon: Remedios A. Salazar-Fernando

Members: " Hon. Raul B. Villanueva

, Hon. Luvina Padolina Roque

Hon. Glenda R. Mendoza-Ramos

Hon. Divina Luz P. Aquino-Simbulan

Hon. Ma. Consejo M. Gengos-Ignalaga

Hon. Hermenegildo C~ Dumlao II

, Hon. Rigor R. Pascual

" Hon, Maria Ella Cecilia D. Dumlao-

Hon. Karla A. Funtila-Abugan

Atty. Antonio Ceasar R. Manila

Head: Atty. Christine B. Balajadia

Members: Atty. Dreiann B. Ablaza

Atty. Thomas Elliot Mondez

Marian Katrina A. Donato

WHEREAS, in the Commission on Elections (COMELEC)

WHEREAS, the Special Committee on the Rules of Procedure in

WHEREFORE, the Supreme Court En Bane hereby approves and

August 29, 2023.

(original signed) (original signed)

(original signed) (original signed)

(original signed) (original signed)

On official leave (originalsigned)

(original signed) (original signed)

(original signed) (original signed) .

(original signed) (original signed)

MARIFE M.· .I.J~""'-LI.JU,I<C')o.

A.M. No. 07-4-JS-SC

THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

Pursuant to the provisions of Section 5 (5), Article VIII of the 1987

SEC. 1. Title; Application. - The 2007 Rules of Procedure in Election

SEC. 2. Application of the Rules of Court. - The Rules of Court, as amended,

SEC. 3. Definition of Term,'i;·.·_ For purposes of and as used in these Rules,

(b) Automated Barangay and Sangguniang Kabataan Elections (BSKE)

(d) Certif~c~te of Canvass .o.f Votes and Proclamation (COCVP) - refers

(e) Computation ofPeriod _;_ in accordance with Article 13 of the New

(1) Clustered Precinct - refers to the group of established or regular

Resolution -7- A.M. No. 07-4-1S-SC