07 4 15 SC

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epublic of tbe ~bilippines

~upreme ([:ourt ~,Ur-i<.Ei•,1E (,C,IJF., OF THE PHILIPPINES
PuliLt".: :NF;)RMATION OFFICE
;iffilanila ~~~~~
-~ ............
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. 07-4-15-SC
THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

CONTESTS BEFORE THE COURTS INVOLVING ELECTWE
BARANGAY AND SANGGUNIANG KABATAAN OFFICIA S
WHEREAS, Section 5 (5), Article VIII of the 1987 Cons itution

empowers the Supreme Court to "[p]romulgate rules concemif g the
protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Int~grated
Bar, and legal assistance to the underprivileged;" I
I
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. 10-4-1-SC or
Notice of Resolution -2- A.M. No. 07-4-15-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. 07-4-15-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. Kho, Jr.

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

Presiding Justice, Court ofAppeals
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 JOO, Antipolo City
Hon. Hermenegildo C. Dumlao Il

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
August 29, 2023
Atty. Antonio Ceasar R. Manila

Office ofthe ChiefJustice
Secretariat:
Head: Atty. Christine B. Balajadia

Office ofAssociate 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

l
WHEREAS, in the Commission on Elections (COMELEC)

Memorandum No. 230196-1, the COMELEC, during its En Banc 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 Banc.
WHEREFORE, the Supreme Court En Banc 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
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 (original signed)

MARIO V. LOJ>EZ SAMUEL H. GAERLAN

RICARDO R. ROSARIO JHOSEP Y. LOPEZ

JAPAR B. DIMAAMPAO JOSE MIDAS P. MARQUEZ

ANTONIO T. KHO, JR. MARIA FILOMENA D. SINGH
(adv12)
authority of the Court:

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

CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE
BARANGAY AND SANGGUNIANG KABATAAN OFFICIALS
Pursuant to the provisions of Section 5 (5), Article VlTI 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. I. 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, unl ess otherwise provided
here in, 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.
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These Rules shall govern the filing of pleadings, practice, and procedure in
election protests and petitions tor quo warranto before Election Courts
involving Bnrangay and Sangguniang Barangay offici.als.
SEC. 3. Definition <~l Terms.·- 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 rnachine.'s data storage device, contuining the list of all
activities the vote counting machine performs from the tim e it is
powered on until it is turned off.
(b) Automated Barangay and Sangguniang Kabataan Elections (BSKE)

- refers to the election of Barnngay and Sangguniang Kabataan officials
using the automated election system.
Resolution -6- A.M. No. 07-4-15-SC
( c) Automated Election System - refers to an election system using the

technology designated by the COMELEC for voting, counting,
consolidating, canvassing, transmission of election results, and other
related electoral processes.
(d) Certificate of Canvass of Votes and Proclamation (COCVP) - refers

to the official document in printed form, containing the names of all
candidates who obtained the highest number of votes in a particular
b8rangay and certifying to those candidates' proclamation as winners.
(e) Computation of Period - in accordance with Article 13 of the New

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

precincts. The protestant or counter-protestant shall use a clustered
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
de vice used in a vote counting machine shal I be under the custody nnd
direct responsibility of the election officer after the completion of the
voting process. A data storage device includes the back-up storage device
under COMELEC's custody that likewise stores authentic electronic
copies of data.
(h) E lection·- means the choice or selection of c3ndidates to pub! ic office

by popular vote through the use of the ballot. Specifically, it covers the
conduct of the pol ls, including the listing of voters, the holding of the
e lectora I campaign, and the casting and counting of ballots and
canvassing of returns, and proclamation of winr.ing 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 (rn) of this Section, in electronic form , generated by the
vote counting machine for purposes of automated BSKE.
(I) Election Protest-· refers to an election contest relating to the election

mid returns of elective officials, grounded on frauds or irregularities in
Resolution -7- A.M. No. 07-4- 15-SC
the conduct of the e lections , 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 111
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
preci nets . 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.
(o) Official Ballot - refers to the paper ballot, or for purposes of

automated BSKE, the paper ballot capable of being optically scanned
containing 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, ,vhich 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 Cnnvassers, based on the COCVP, of the
candidate who obtained th e 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
delive red to the clerk of court for filing, coupled with notice to the parties
or their cotmscl.
(t) Quo f!Varranto under the Omnibus Election C ode - refers to an

e lection co ntest relating to the qualifications of an e lective official on the
Reso luti on -8- A .M. No . 07-4-1 5-SC
ground of inelig ibil ity or di sloyalty to the Republic of the Philippines.

The iss ue is whether respondent possesses aJI the qualifications and none
o f the disqualifications prescribed by law.
(u) Revision of Ballots - refers to the process of a recount of the ballots

invo lv ing physical counting and segregation of ba ll ots for the protestant,
protestee, and other cand idates fo r the same position and the record ing
of objecti o ns and claim s to ba llots.
(v) Statement of Votes by Precinct (SOVP) - refers to the document that

records the votes obtained by the candidates in a mono precinct or
c lustered precinct.
(w) Substanti a l Recovery - is when the protestant is ab le to recover at

least twenty percent (20%) of the overall vote lead of the protestee based
o n the SOVP, in re lation to Section 4, Rule IO of these Ru les.
SEC. 4. lnhere11t Powers <~[ the Court. - An E lection Court, acting on an

e lection contest, shall have all the inherent powers of a court provided under
Rul e 135 of the Rules of Court, including the power to issue a uxiliary writs,
processes, a nd other means necessary to ca rry out its authority or jurisd iction
into effect and to adopt suitable processes not expressly provided by, but
conformable w ith, law, these Rules, or the Rules of Court.
SEC. 5. Construction. - These Ru les sha ll be li berally construed to g ive fu ll

effect to the wi ll of the electorate in order to achi eve an expediti ous,
inexpens ive, and just determination and d isposition o f e lection contests
involving Barangay and Sangguniang Kabataan offi cials.
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RULE2
ELECTION CONTESTS
SEC. l. Jurisdiction . - The E lection Courts sha ll have exclus ive o rig ina l
jurisdiction over a ll election contests involving elective Barangay and
Sangguniang Kabataan offic ia ls.
SEC. 2. How Initiated. - An election contest is initiated by tbe fi li ng of an

e lection protest or a petition for quo warranto against an elective Barangay or
Sangguniang Kabataan official. An e lecti on protest or a petition for quo
1,varranto sha ll be fil ed personally o r through an accred ited private courie r
with the proper Election Court in three (3) legible copies plus such number of
copies corresponding to the number of protestees or respondents .
An electio n .protest shall not include a petition for quo warranto, nor
s hall a petition for quo warranto include nn election protest.
Resolution -9- A.M. No. 07-4-15-SC
SEC. 3. Modes <~l SerJJice

and Filing. - The service or filing of pleadings,
motions, and other court submissions in election contests shall be made by:
(a) submitting personally the original thereo1~ 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 Kabntaan official shall be filed 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 filing the protest shall be designated as the
protestant, while the adverse party shall be known as the protestee.
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Each contest shal I refer exclusively to one position. However, contests
for positions of Sangguniang Barangay or Sangguniang Kabataan may be
consolidated in one case.
SEC. 5. Quo J,Varranto . - A petition for quo ·warranto ngainst an elective

Barangay or Sangguni8ng Kabataan official shall be filed with the proper
Election Court by 8ny registered voter who has voted in the election concerned
in the particular barangay subject matter of the petition. The party filing the
petition shall be designated as the petitioner; while the adverse party shall be
known as the respondent.
SEC. 6. Petition must be Ver(fied and Accompanied by a Certificate ofNon-

forum Shopping. -An election protest or a petition for quo warranto shall be
verified by an affidavit of the protestant, counter-protestant, or petitioner
stating:
Resolution - IO - A.M. No. 07-4-15-SC
( a) the al legations in the pleading are true and correct based on his or
her personal knowledge, or based on authentic documents; and
(b) the factual allegations therein have evidentiary support or, if

specifically identified, shall likewise have evidentiary support after a
reasonable opportunity for di scovery.
The signature of the protestant or counter-protestant/pet itione r shall

furth er serve as a certification of the truthfulness of the allegations
in 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
filed 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 prese nt 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.
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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 file
the protest or petition, or the five (5)-calendar day period to file the counter-
protest, as provided under these Rules, and t:he same may be re-filed within
the remaining pe riod. The subrn ission of a false certification or
noncornpliance with any of the undertakings therein shall constitute indirect
contempt of court, without prejudice to the initiation of the corresponding
administrative and criminal actions. ff the acts of the party or his or her
counsel clearly constitute wiilful and deliberate forum shopping, the same
shall be ground for summary dismissal with prejudice and s hall constitute
direct contempt, as we\ I 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 filed within the non-extendible
period often ( I 0) 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 file an e lection protest or petition for quo warranto.
SEC. 9. CO/l1ELEC 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
1varranto based on the same ground, except when the Supreme Court has
affirmed the COMELEC decision.
SEC. 10. Contents <~l the Protest or Petition. -

(a) An election protest or petition for quo warranto shall specifical ly
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 alTidavits s hall 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.
(6) A quo -warranto petition shall also allege:
(i) if the petitioner is not a candidate for the same Barangay or

Sangguniang Kabataan position, the facts giving the petitioner
standing to file the petition, in accordance with Section 5, Rule 2 of
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.
Resolution - 12 - A.M. No . 07-4- 15-SC
(c) An e lection protest sha ll a lso a ll ege:
( i) that the protestant was a candidate who had duly fil ed a certifi cate
of candidacy and had been voted for the same position. The protestant
shall also allege his rank whether in a s ing le o r a multi-slot position in
accordance with Section 4 of Rule 2 of these Rul es·
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( ii ) the total number of clustered precincts or m ono precincts, as the
case may be, in the barangay;
(iii) the ·protested c lustered precincts o r mono precincts, as the case

may be, and the votes of the parties in the protested c luste red precincts
or mono precincts per the SOVP or, if the votes of the parties are not
specifi ed, an explanation w hy the votes are not specified;
( iv) the precinct number and location of the pilot protested cl ustered
precincts or mono precincts, as the case may be, which sha ll not be
less than and n earest to twenty percent (20%) of the total number of
protested clustered precincts or mono precinct that w i 11 best illustrate
the merits of th e protest and which shall be subj ect to the initial
revision of ba llots under Section 4, Rule IO of these Rules, provided
that the identification of the pilot protested clustered precincts or m ono
precincts, as the case may be, is only required in e lection protests
w here the total number of protested clustered precincts or mono
precincts is at least twenty (20) c lustered precincts or mono precincts;
The following fo rmul a sha ll be used in the computation and

identification of the pilot protested clustered precincts or mono
precincts:
Total Num ber of Multiplied Total N umber

Protested by .20 -· of Pilot
C lustered Protested
Precincts o r I C lustered
Mono Pree·incts, Precincts or
as the case. may Mono
be Precincts
(v) a detailed specification of the acts or omissions complained

of showing th e electoral fraud s, anomalies, or irregulari ties in
the protested c lustered precincts or mono precincts.
In al l cases, the documentary and object evidence, if any, should be

ident ifi ed and appended to the election protest or petition. Likewise, the
Resolution - 13 - J\.M. No. 07-4-15-SC
parties and counsels are required to indicate in their pleadings their email
addresses and contact numbers.
SEC. 11. Raffle <~{ Cases. - ln multi-sa/a stations, the Supreme Court shall
designate the Election Courts which shall take cognizance of election protests
and petitions for quo warronto. 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 Cou11s. 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 patiies 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 ofE/ection 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 filing fee is not paid within the period for filing the election
protest or petition for quo warranto; and
(e) the deposit is not pnid 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. 07-4-1 5-SC
RULE3
SUMMONS
SEC. 1. Summons. - Within twenty-four (24) hours from the filing of a

protest or petition, the clerk of court shall issue the corresponding summons
to the protestee or respondent, together wi th a copy of the protest or petition,
requ iring the filing of an answer within a non-extendible period of five (5)
calendar days 1iom noti ce.
The s ummons sha ll be directed to the protestee or respondent, s ig ned

by the clerk of court under seal, and contain:
(a) the na me of the E lection Cou rt a nd the names of the parties

to the action;
(b) when authorized by the Election Co urt upo n ex parte motion,

an authorization for the protestant or petitioner to serve
s umm o ns to the protestee or respondent;
( c) a direction that the protestee or respondent answer

w ithin the time fixed by these Rules; and
( d) a notice that unl ess 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. SerFice <~f Summons. - The summons shall be served w ithin forty-
eight (48) hours from issuance thereof~ by handing copies of the summons and
of th e protest or the petition to the protestee o r respo ndent in person or, in case
of the protestee's or the respondent's refusal to receive and s ign 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 ca uses, the protestee or respondent cannot be served

personally after at least three (3) attempts o n two (2) separate dates, serv ice
may be effected:
(a) by leaving copies of t he summons at the protestee's or

respondent's residence to a person at least eighteen (18) years of
:ige a nd of s uffi cient discretion residing therein;
(b)by leav ing copies of the summons at th e protestee's or

respondent's office or regu lar place of business to some
competent person in charge thereof. A competent person
Reso lution - 15 - A.M. No. 07-4-15-SC
includes, but is not limited to, one who customarily receives

correspondences for the protestee or respondent;
(c) by leaving copies 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 J,Vf10m Served. - The summons shall be served by the sheriff-: or

other court personnel design ated to serve summons and in case of failure of
service of summons by them, the Election Court may, upon prope r 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 pet1t1oner 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.
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Failure of the protestant or petitioner to comply with the order shall
cause the dismissal of the election protest or petition without prejudice.
SEC. 4. Proof <~{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 nam e of the person who received the same; and shall be sworn to when
made by a pe rson other than a sheriff.
l f summons was served by e-mail , as authorized by the Election Co urt,

a printout of the said e-mail , with n copy of the summons as served, and the
affidavit of the person who sent the e-mail, shall constitute as proof of service .
RULE4
ANSWER AND COUNTER-PROTEST
SEC. I. Verffied Answer; Counter-protest. - Within five (5) calendar days

l'rorn receipt or the summons and the copy of the protest or petition, the
protestee or the respondent shall ti le a verified answer in three (3) legible
copies, with proof of service of a copy on the protestant or the petitioner.
The answer may set forth admissions and denials, special and
affirmative defenses, 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
al legations 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, anomali es 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 non-
extendible period of five (5) calendar days from notice.
SEC. 3. Allegations in the Answer. -
(a) Spec(fic denial. - A protestee or respondent must specify 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
reli ed upon in support of the denial. The protestee or respondent shall
specity so much of the averments that are true and material and shall
deny the rest.
(b) A/legations not spec[ftcally 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 Iimitations.
(b) Compulsmy counterclaim or cross-claim not set up barred. - A

compulsory counterclaim, or a cross-claim not set up shall be barred.
(c) Effect qffailure to answer. - Jfthe 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 authori zed
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 111.ay be refused if the motion for leave appears to the cou1i to
be intended for delay. Any amendment in matters of form, such as a defect in
the designation of the patiies 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. I. Motions Must be in JVriting. -All motions shall be in writing, except

1
for those made in 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. Pr{)(~l<~/SerJJice Necessary. -The Election Court shall not act on any
written motion, except upon submitted proof of service on the adverse party.
SEC. 3. No 1-learings on ft1otions. - No motion shall be set for hearing, and

no oral argument shc1II be allowed in suppo1i of any motion, except when
ordered by the Election Court. After receipt of the motion, the adverse party
may file 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.
RULE6
PROHIBITED 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, /itis pendentia, and resjudicata;
(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;

Resolution - I9 - /\.M. No. 07-4-15-SC
(f) Motion for extens ion of time to file pleadings, affidavits or other
papers;
(g) Memoranda;
(h) Motiop to declare the protestee or respondent in defau lt;
(i) Motion for postponements, except on the grounds of.force rnajeure

or Acts of God ·
'
(j) Motion for the inhibition of the presiding judge, except on clearly
va lid grounds;
(k) Rep ly or rejoi nder;
( I) Third-pnrty comp laint;
(m) Motion to adm it additional judicial affidavits, except on meritorious

grounds: and
(n) Motion for execution pending appeal filed beyond the second day
after the promulgation ofjudgment.
SEC. 2. Grounds to Dismiss Must be Set Up in the Answer. -All ground s to

dis miss an election protest or petition for quo warranto must be set up or
pleaded as affirmative or special defenses. Defenses not rai sed are deemed
waived. The E lection Court may, in its di scretion, hold a preliminary hearing
on the ground s so pleaded.
(_
RULE7
FILING FEES AND CASH DEPOSITS
SEC. I. Filing Fees. - No protest, cou nter-protest or pet1t1on for quo

1-varranto sha ll be accepted for filing w ithout the payment of a filing fee in the
amou nt of Five Thousand Pesos (PHP 5,000.00) each.
If c laims for damages and attorney's fees are set forth in a protest or
counter-protest, additiona l fi ling fees sha ll be paid in accordance with the
sc hedul e provided for in Ru le 141 of the Rules of Court, as amended.
SEC. 2. Casi, Deposit. - (a) ln addition to the fees prescribed in the preceding
section, the protestant in an e lection protest requiring revi s ion of ball ots or
exam ination, verification or re-tabu lation of election returns, or e lectronic
e lection returns, or which may require th e bri nging of copies of other e lection
Resolution -- 20 -- J\ .M. No. 07--4--1 5--SC
docume nts and paraphernalia to the E lection Co urt, sha ll m ake a cash deposit
with the co urt in the following amounts:
(i) One Thousand Pesos (PI-IP 1,000.00) for each Clustered Precinct or
Mono Precinct, as the case may be, covered by the protest or counter-
protest, prov ided that the deposit sha ll in no case be less than Twenty-
Five Tho usa nd Pesos (PHP 25,000.00) to be pa id upon the filing of the
election protest or counte r-protest;
(ii) If the amount to be deposited does not exceed One Hundred

Thousand Pesos (PI-IP I 00,000.00), in case of a Sanggun iang Barangay
posit ion , and Fifty T ho usand Pesos (PHP 50,000.00), in case of a
Sangguniang Kab8taan pos ition, the required s um sha ll be paid in full
within ten ( l 0) calendar days from the filing of the protest or counter-
protest, without need for an order from the Election Court; and
(iii) If the req uired deposit shall exceed One Hundred Thousand Pesos
(Pl-IP I 00,000.00), in case of a Sanggun iang Barangay position, and Fifty
Thousand Pesos (PHP 50,000.00), in case of a Sangguniang Kabataan
position, a cash depos it in the amount of One 1--:lundred Thousand Pesos
(PI-IP I 00,000.00) or Fifty Thousand Pesos (PHP 50,000.00), as the case
may be, sha ll be made with in ten (10) calendar days from the filin g of
the protest or counter-protest, without need for an o rder from the E lection
Court. The balance sha ll be paid in installme nts under the schedu le the
E lection Court m ay req uire after hearing the protestant or counte r-
protestant o n the matte r.
The cash deposit sha ll be a pplied by the E ledion Court to the payment
of the compensation of revi sors as provided under Section 3, Rule l O of these
Rul es, and of s l l the expenses incide nta l to revision, inc luding but not limi ted
to th e cost of s upplies and miscell aneous expe nses of the revis ion committee,
the cos t of the productio n in Election Court and the storage and m a intena nce
of e lecti on equipment and paraphernalia.
Whe n c ircumstances so demand (s uch as when the d epos it has been or is

abo ut to be depleted), the E lection Court m ay requ ire the payment of
additional cash deposits. Any unused cash deposit sh a ll be returned to the
depositing pa rty after th e complete termination of the protest or counte r-
protest.
(b) The fees and deposits required under these Rules may be paid or settled
using th e nvailable e lectro nic payment syste m before the co ncerned co urt o r
station.
(c) Failure to m ake the cash depos its required w ithin the presc ribed tim e limi t
shall result in the automatic chsrnissal of the protest, or counte r-protest.
RULES
PRODUCTION AND CUSTODY OF BALLOT BOXES AND
ELECTJON DOCUMENTS
SEC. l. Issuance of Precautionary Protection Order. - Where the

al legations in a protest so warrant, the Election Court shall issue a
precautionary protecti.on order - simultaneously with the issuance of
summons - directing the municipal treasurer, election officer, and COMEI..,EC
ofi'icial 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. ~Vhen Ballot Boxes and Election Documents are 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 docurnenrs or paraphernalia. The parties may se11d representatives to
witness the activity. The absence, however, of a representative of a party shal I
not be reason to postpone or delay the retrieval or transfer of the ballot boxes,
election documents, and paraphernalia.
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
Rl:solulion - 22 - A.M. No. 07-4-15-SC
their keys, lists of voters with voting records, books of voters, and other
election documents or paraphernalia to its custody.
The expenses necessary and incidental to the production in the Election

Court of the ballot boxes, election documents and paraphernalia shall be
shouldered and promptly paid by the protestant and counter-protestant in
proportion to the clustered precincts or mono precincts, as the case may be,
covered 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 lock.down 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 lock.down or until so ordered by the concerned
Election Court. However, if it is only the Election Court that is placed on
lock.down 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
1x1rties or their representatives.
RULE9
PRELIMINARY CONFERENCE
SEC. 1. Pre/iminm:JJ Cm~ference; Mandatory. - Within five (5) calendar

days after filing 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 witnessc$ whose judicial affidavits

should be attached to the preiiminary conference brief. The witness shall
identify in which capacity he or she is testifying. ff the witness is a voter
of the barangay concerned, he or she shall identify the clustered precinct
number or mono precinct number, as the case may be, where he or she is
a voter;
Reso lution - 23 - J\.M. No. 07-4-15-SC
( e) The nature of the testimonies of the witnesses and whether they relate
to evidence aliunde the ballots, or otherwise;
(f) The withdrawal of certain protested or counter-protested clustered

precincts or mono precincts, as the case may be, ( especially those whe re
the ballot boxes or bsllots are unavailable or are missing and cannot be
located or destroyed due to natural di sasters 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 sha ll be subject to the initial revis ion of ballots;
Provided, that the identification of pilot protested clustered precincts or
mono precincts, ss the case may be, is only required in election protests
where the total number of protested clustered precincts or mono
precincts is at leas·t twenty (20) c lustered precincts or mono precincts;
and
(i) Such other matte rs as may aid in the prompt disposition of the case.
SEC. 2. Notice through Counsel. - The notice of preliminary conference

shall be served on counsel or on the party who has no counsel. Notice to
counsel is notice to the party, as counsel is charged with the duty to notify the
pmty 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 pre liminary 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 authori zes the Election Court, at its own initiative, to dismi ss the
protest, or counter-protest or petition. T he failure of the protestee or
respondent or of the dul y authorized counsel to appear at the preliminary
conference shsll have the sam e effect provided under the first and second
paragraph of Section 4 (c), Rule 4 of these Rul es.
SEC. 5. Prelhninary Conference Brief: - The parties sha ll simultaneously

file with the Election Court, and serve on the adverse party at least two (2)
cal endar days prior to the schcclulecl preliminary conference, their preliminary
conference briefs in a m anner as shall ensure the ir receipt at least one ( l) day
~
before the date of the preliminary conference. The briefs shall contain th e
following:
(a) A summary of admitted facts and proposed stipulation of facts;
(b) The iss ues 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, th e ground for inelig ibility 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 th e

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 withdrawaJ 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 briefs mandatory contents shall have the same effect as the failure
to appear at the preliminary conference.
SEC. 7. Pre/imina,T C01~ference 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 lega l and factual issue/s to be tried;
( d) the 8pplicable· law, rules, and jurisprudence;
(e) the evidence marked;

Rl:solution - 25 - A.M . No. 07-4-1 5-SC
( I) the specific trial ·d ates;
(g) a state me nt th at the one-day-examination-of-witness rul e and most

important witness rul e shall be strictly fo llowed ; and
(h) such other matters as m ay aid in the prompt disposition of the

action.
Such order s hall be issued within three (3) calendar days follo w ing the
termination of the pre liminary confe rence. The E lection CoLlli shall specify in
its order when the revis ion of ballots or the re-tabulation of election returns or
e lectronic e lection returns sha ll commence, the starting date of w hic h shal l be
within fiv e (5) calendar d ays from the termination of the preliminary
conference.
RULE10
REVISION OF BALLOTS
SEC. 1. Start <~f'Rel'ision. -The revi sion of ba llots shall commence on the
elate spec ified in the preliminary conference order, w hich should not be
beyond five (5) calendar days from the termination of the pre liminary
confe rence.
SEC. 2. Rel'ision Committee; Under the Supervision <if tlte Election

Court. - As many revision committees as may be necessary shall be
constituted. Each revis ion committee shall be composed of a chairperson and
two (2) me mbers, one of whom is designated by the protestant and the other
by the protestee. The E lection Court shall designate the chairperson and a
recorder, and the ir respective substitutes, from among its personnel. The
parties shall also des ig nate their respective substitute revisors.
The revis ion committee shall conduct the revision in the cou11 premises
or at such othe r secured place the Election Court may desig nate withi n the
territorial jurisdiction of the Election Court, in every case under its strict
superv1s1on.
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 E lection Court itself. They shat1 exercise extraordinary
diligen ce and take precautionary measures to prevent the loss, di sappearance
or impa irment of the integrity (such as marking or spoilage by any means) of
the ballots c.rnd e lection doc uments, and the misuse of election parapherna lia.
Resolution /\.M. No. 07-4-15-SC
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) per 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 day. The compensation
for a recorder shal I 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, Rul e 7 of these Rules.
SEC. 4. Initial Recount <~l 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, wh ich shall
not be less than and nearest to twenty percent (20%) of the total number of
protested clustered precincts or mono precincts, that w ill best illustrate the
merits of the protest shall be the subject of an initial recount of the ballots, in
accordance w ith the provisions of Sections 6, 7, and 8, Rule l O 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 c lus tered precincts or mono precinct, as the case may be, at least
twenty percent (20%) of the overalI vote lead of the protestee, through the
appreciation of ballots and other submitted election documents.
The following formu la shall be used in the computation of substantial

recovery :
Substantia l
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 substantial recovery could be
established from the pilot protested clustered precincts or mono precincts, as
the case may be.
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
prec.incts shall proceed. If there are counter-protested clustered precincts or
mono precincts in the answer of the protestee then the revision thereof shall
follow.
1f no substantial recovery could be established from the pilot protested

precincts or mono precincts, the Election Court shall dismiss the protest
without further proceedings. However, the di smissal of the protest without
further proceedings shall c1pply 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 shal I 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. S. Determination <~l the Merit or Legitimacy of the Protest Prior to

Revision of the Remaining Contested Precincts. - The recount of the ballots
in the remaining protested clustered precincts or mono precincts, as the case
rnc1y be, sh al I not comn'lence until the Election Court shall have determined
substantial recovery bc1sed 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 Rel7ision. -
(a) Period_fl)r 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 15-minute
brec1k in each session.
(b) Revis ion to continue in case offailure to report ofthe Chai,person. -

The revision shall not be delayed or postponed in case of failure to report
of th e Chairperson for any reason, so long as his or her substitute
designated by the Election Court, c1nd the parties' revisors are present.
(c) ff the revisor of the protestee or counter-protestee is absent or late. -

lf the revisor of the protestee or counter-prot_e stee is absent or late for
thirty (30) minutes and no alternate appears as a substitute, the revision

shall, neve1ibeless, commence. The protestee shall be deemed to have
waived the right to appear and to object to the ballots during his or her
rev isor's absence or tardiness
( d) {f the revisor o_fprotestant or counter-protestant is absent or late or

the revi.wrs of both parties are absent or late. - If the protestant's or
counter-protestant's revi so r is absent or late for thirty (30) minutes and
no alternate appears as a substitute, the protestant or counter-protestant
is deemed to have waived his or her right to the revi s ion for that day and
the ballots shall no longer be revised.
The parti es arc likewi se deemed to have waived their right to the revi s ion
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 bc1llot boxes scheduled for rev ision on that day, and
the corresponding ballot box keys in the possession of the chairperson,
shall be returned to th e Election Court's ballot box custodian. The
chairperson concerned shal I state t he facts of absence or tardin ess and
waiver in the revi sion 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 revis ion
committees, th e parties and their duly authori zed representatives, shall have
access to the revision area.
SEC. 8. Conduct of Revision. - The revision of the votes on the ballots shall
be done ma nually and visually according to the procedure below:
(a) On the scheduled day of revision, the ballot boxes containing the
ba llots 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 revi s ion committee shall initially note the condition of the ballot
box and its locks and locking mechanism, and record this condition in
th e revis ion 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 p,.1rties. This will be followed by the counting of th e torn, unused
stray and rej ected baliots, 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 VCM, during the voting.
The authentication shall be through any method or device certified by the
COMELEC to be capable of performing the desired authentication
requiren,ent through the use of bar codes and ultra-violet ray code
detection mechanism;
(f) 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
brdlots 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 shall as 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 justity 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 21 l of the Omnibus Election Code shall apply suppletorily when
appropriate.
(j) 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) Afrer a! I the hallots from one ballot box have been counted, the
1·evision 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 or the next precinct.
(I) In case of multiple revision committees, the recount shall be done

simultaneous_ly.
(m) ln the event that the area where the revision is being conducted is
placed on lock.down 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 and Submission 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 other

circumstances attendant to the VCM. and other automated election
devices and paraphernalia used in the revision, if required;
(t) the votes of the parties per ballot box copy of the election returns 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;

Rl:so luti on - 31 - . J\..M. No. 07-4-1 5-SC
U) the cla ims on ballots w it h their exhibit n umbers; and
(k) the entri es in the M inutes of Voting and Counting, particul arly :
( I ) the number of registered voters;
(2) the number of voters w ho actually voted;
(3) the num ber of officia l ballots, together w ith the ir serial numbers,
used in the e lection;
(4) th e n um ber of ballots actua lly used indicating the seria l num bers
of the ba llots ; and
(5) the unused ba llots together w ith their seri a l numbe rs.
The revis ion fo rms sha ll be made avail able pri or to revision. T he per-
precinct revis io n report shall be s igned and certified to by the chairperson and
the revisors of the parties, and sha ll form part of the records of the case. A
copy of th e required form fo r the revision report is hereto attached.
In add itio n to the per-p recinct revision report, the revisio n committee
sha ll a lso prepare a nd submit to the E lection Court, w ithin fi ve (5) calendar
clays from termin ati on of th e revision, a committee report summ ari z ing the
data, votes, ba llo t objections and c la ims, and s ignificant o bservations made in
the revisio n of ballots from the protested c lustered precincts o r mono
precincts, as the case may be, and later from the counter-protested c lustered
precincts o r 111 011 0 prec incts, if so conducted, based on th e prov isions of
i'
\
Secti o n 4, Rul e 10 of these Ru les. Each party fu rni shed w ith a copy of the
·- commi ttee repo rt may submi t the ir comments th ereon w ithi n a non-extendi ble
peri od of fi ve (5) calendar days fro m noti ce, failure of w hi ch sha ll be deemed
a waiver on the pa rt of the said party to do so. No further pleadings are
::ii lowed.
SEC. JO. Order of Revision. - Rev ision of ballots shall start with those from
the protested precincts or mono precincts, as the case may be, of the protestant,
s ubj ect to the prov is ions ofSecti ons 4 and 5, Rule 10 of these Rul es .
Sli:C. 11. Inquiry as to Security 1l1arkings and Vital b~lormation Relative to

Ballots and E lection Docurnents. -- When a revis io n of ballots is ordered, and
fo r the g uidance of the revisors, the E lection Court sha ll inquire about the
security m arkings on the ba llots and election documents fro m the Chairperson
of the COM E LEC w ho shall be obliged to ind icate these markings, measu res
and other v ita l information that m ay a id the E lection Co urt in d etermining th e
a uthenticity ofba!lots and e lection docum ents. T he .parti es shall be notified of
the results o f s uc h inq uiry.
Resolution - 3-2 - A.M. No. 07-4-15-SC
RULE 11
TECHNICAL EXAMINATION
SEC. 1. Motion for Technical Examination; Contents. -A party may move

for the technical examination of the presented evidence within five (5)
calendar days after completion of the revision in the protest or counter-protest,
specifying:
(a) the nature of the technical examination requested (e.g., fingerprint

examination, etc.);
(b) the documents to be subjected to technical exam ination;
(c) the objections made in the course of the revision of ballots which the
movant intends to substantiate with the results of the technical
examination; and
(d) the ballots covered by such objections .
However, when the protest or counter-protest invo lves an a ll egation of

massive substitute voting, a motion for technical examination may be filed
within five (5) calendar days after the issuance of the preliminary conference
order. Fai lure 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 E lection Court may

grant the motion for technical examination at its discretion and under such
conditions it may imp ose. If the motion is granted, the technical exam ination
shall start w ithin 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 clays, unless the Election Court grants an
extension based on exceptionally meritorious grounds. A party may attend the
techn ic81 exam ination ; either personally or through a representative.
However, the technical examination shall proceed with or without the
atte ndance of the party, provided that due notice has been given to the party.
The expenses for technical exam ination shall be fo r the account of the
party requesting the exam in ation and under the supervision of the c lerk of
court.
SEC. 3. Experts; ~Vho shall ProPidc. - Experts necessary for the conduct of
technical examination shall be provided 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
Resolution - 33 - A.M. No. 07-4- 15-SC
their own expert who may only observe, not interfere with, the examination
conducted by the movant's experts.
RULE12
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
rev1s1on.
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.
RULE13
PRESENTATION OF EVIDENCE
SEC . .1. Presentation and Reception<~[ 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
ev idence 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 re lated 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 m accordance with the

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

protest or petition. ln case of election protests, the protestant shall also
present evidence to prove the manner of handling, storing and/or
safeguarding of the ballot boxes and its contents for the determination of
whether the integrity of the bnllot boxes and its contents have been
preserved.
' I' C,
Reso lu tion - 34 - A.M. No. 07-4-1 5-SC
(b) the protes tee o r respondent sha ll then add uce evidence in suppo rt of
the defense, counterclaim or counter-protest, if any; and
( c) no rebuttal or sur--rebuttal evidence shall be a llowed.
In offering testimonial evidence, the judicial affidavits attached to the

preliminary conference briefs shall be considered as the witness' direct
testimony, subj ect to the right of the 8dverse party to object to its inad missible
portions and to ornlly cross-examine th e witness.
T he one-day-cross-examination-of-witness rule - i. e ., a w itness has to be

fully cross-examined in one day - shall strictly be fo llowed, subj ect to the
Election Court's discretion to extend the cross-examination for justifiable
reasons.
T he revision reports, as well as the ballots objected to or claimed by the

parties, shal l automat.ically form part of court records and may be adopted by
the other parties as their evidence.
Proceedings in election co ntests shall be conducted in-court. However ,

if the Election Court finds that th e conduct of a videoconference will be
benefic ial to the fa ir, speedy, and efficient admin istration of justice, the
Election Court, upon motion, may set the case for videoconference at any
stage of the proceedings.
SEC. 2. Offer <~lEvide11ce. - The Election Court shall consider no evidence

that has not been forma lly offered. Offer of evidence shall be done oral ly on
th e last day of hearin g allowed for each party after the presentation of the
party's last witness. The opposing party shall be requ ired to immediately
interpose objections to the offer. T he Electio n Court sha ll rule on the offer of
evidence in o pe n court. However, the Election Court may, at its discretion,
al low the party to make an offer of evidence in writing, which sha ll be
submitted within three (3) calendar days. If the Electio n Court rejects any
ev idence offered, the party may make a tender of the excluded evidence.
SEC. 3. Reception <~l E,,itfence Continuous . - Reception of evi.dence, once

commenced, shall continue from day to day as far as practicable until
te rminated at the E lection Court' s order. fn no case shall the entire period fo r
reception of evidence exceed ten ( I 0) calendar days fo:· each party from the
first clay of such reception, unl ess otherwise a uthorized by th e Supreme Court.
SEC. 4. A.r(iour11111ents and Postponements. - No motion for postponement

sha ll be a llowed, except fo r jcJrce majeure or Acts of God. 1n no case shall the
resetting of hearings have an .i nterva l exceeding three (3) calendar days, nor
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 (~{ Pr{}(~(. - Burden of proof is the duty of a party to present
evidence of the facts in issue, necessary to establish one's claim or defense.
In considering the results of the revision, vis-a-vis the results reflected

in the official canvassing, the following shall be observed:
(I) The ballots cannot be used to overturn the official count 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 compliance

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:
,. t I 1'
(a) On the e lection procedure:
(i) The election of candidates 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

pol lwatchers;
(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
I ist of all activities performed by the VCM from the time it
was powered on 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 done;
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;

R~solution - 37 - /\.M. No. 07-4- 15-SC
(iii) The ballot was properly accomplished ;
(iv ) A voter personally prepared one ballot, except in the case of

assistors; and
(v) T he exercise of one's right to vote was voluntary and free.
RULE 14
DECISION
SEC. I. Rendition of Decision. - The Election Court shall decide the election
contest within thirty (30) calendar days from the date it is subm itted for
decision, in no case beyond six (6) months after its fi ling, unl ess the Supreme
Court, through th e Office of the Court Adm inistrator, authorizes an extension
in writing. After the submission of the case for decision, the judge, during the
thirty (30)-day peri od to dec ide the election contest or until the promulgati on
of the decision therein, prior to the lapse of the said period, shall prioritize the
resolutio n of the election contest over his or her other adjudicative duties and
function s.
An e lection protest is deemed submitted for decision afte r comple tion

or the receptio n or evidence. In an election protest, the w inner shall be the
cand idate who obtained the plurality of the valid votes cast.
SEC. 2. Form ofDecision in Election Protests. - After the termination of the

revision of ballots and before rendering its dec ision in an e lection protest that
involved such revision, the E lection Court shall examine and appreciate the
(
\. original ballots. The Election Court, in its appreciation of the ballots and in
rendering rulings on obj ections, shall observe the fo llowing rules:
(a) On Jv/arked 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 securi.ty markings or features th at are not found in the
ballots, election documents or paraphernalia, 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 spuri ous results;
(c) On Stray Ballots - The Election Court must specify and state in detail
w hy the ballots are considered stray;
Resolution - 38 - /\.M. No. 07-4-15-SC
( d) On Pair or Group of Ballots ·written by One or Individual Ballots

Written By Two - When ballots are invalidated on the ground of being
written by one person, the Election Court must clearly and distinctly
specify why the pair or group of ballots has been written by only one
person. The specific strokes, figure s or letters indicating that the ballots
have been written by one person must be specified. A simple ruling that
a pair or group of ballots has been written by one person would not
suffice. The same is true when ballots are excluded on the ground of
having been written by two (2) persons. The Election Court must
likewise take into consideration the entries of the Minutes of Voting and
Counting relative to ill iterate or differently ab led voters, if any, who cast
their votes through assistors, in determining the validity of the ballots
found to be wri.tten by one person, whether the ballots are in pairs or in
groups; and
(e) On Claimed Ballots - The Election Court must specify the exact basi s
for admitting claimed votes or cred iting these to either party.
SEC. 3. Several Judgm.ents. - In a protest or petition against several

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

judge shall be promulgated by reading, upon motion, its d ispositive potiion in
open court on a date set with notice to the parties and filing the decision with
the clerk of court, who shall forthw ith indicate the elate 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

o r a day before a national or local holiday, the hearing should be held in th e
rnornmg.
SEC. 5. Finality of Decision. - The Election Court's promulgated deci s ion

shall become final and executory after the lapse of five ( 5) calendar days ailer
filing with the clerk of court and receipt of notice by the patties if no appeal
is taken.
SEC. 6. Entry of Judgment. - If no appeal is filed within the time provided

in these· Ru les, the judgment shaU 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. The record shall contain the dispositive part of the
_judgment and shall be signed by the clerk of court, with a cetiificate that such
judgment has become final and executory.
SEC. 7. Notice of Final Decision. - As soon as the decision becomes final,

the clerk of c_ourt shall send notices to the COMEL EC, 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 counsel or 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 filing of the notice of appeal.
( The appeal fee provided in this section shall be separate and distinct
from the COIVlELEC 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.
SEC. IO. Immediate Transmittal ofRecords ofthe Case. -The clerk of court
shall, within fifteen ( l 5) calendar days from the perfection of the appeal,
transn1it 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
heming 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 - J\.M. No. 07-4- I 5-SC
( 1) constitute superior circumstances demanding urgency that

wou ld outweigh the injury or damage should the losing party secure
a reversal of the judgment on appea l; rmcl
(2) be manifest, in the decision sought to be executed, that the defeat

of the protestee or the victory of the protestant has been clearly
established.
(b) The mandatory clue process requirements to resolve such motion,

inc luding the submission of comment and hearing, must be completed
with in the five (5)-calendar day period. The comment to the motion must
be filed w ithin twenty-four (24) hours from the filing of 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
subm it a w ri tten 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 appea l. No extension of time shal l be granted.
(c) If the Election Court grants an executio n pending appea l, an

aggrieved party shal I have twenty (20) calendar days from notice of the
special order or denial of the motion for reconsideration within which to
secure a restraini ng 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
of executi on pending appeal shall be stayed.
SEC. 12. Jurisdiction <~lthe Commission on Elections in Certiorari Cases. -

The COMELEC has the authority to issue the extraord inary writs
of certiorari, prohibition and mandamus only in aid of its appellate
jurisd iction over decisions of the Election Cou1ts in e lection cases involving
Barangay and Sangguniang Kabataan officials.
SEC. 13. Preferential Disposition r~l Election Contests. - The Election

Courts shall g ive preference to e lection contests over a ll other cases, except
petitions for habeas corpus and for the writs of amparo and habeas data.
-· l '1 L.
RULE 15
COSTS, DAMAGES, AND ATTORNEY'S FEES
SEC. 1. Costs; JVl,en Allowed. - Costs shall be allowed to the prevailing

party as a matter of course. The Election Collli 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 paiiy has included such claims
in the pleadings.
RULE16
FINAL PROVISIONS
SEC. J. 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.
August29,2023
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. DIVINA LUZ P. AQUINO-SIMBULAN (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
Supreme Court First Level Courts
Regional Trial Court, Branch 41
ATTY. ANTONIO CEASAR MANILA (x) City of San Fernando, Pampanga
Member
Special Committee on the Rules of Procedure HON. MA. CONSEJO M. GENGOS-IGNALAGA (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
ATTY. CHRISTINE B. BALAJADIA (x) Antipolo City
Head Secretary
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 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. RIGOR R. PASCUAL (reg)
Acting Presiding Judge and Member
MANDATORY CONTINUING LEGAL EDUCATION Special Committee on the Rules of Procedure
OFFICE (reg) in Election Contest Before the Second and
4th Fir., IBP Bldg., 15 Dona Julia Vargas Ave. First Level Courts
Ortigas Center, Pasig City Regional Trial Court, Branch 14
Malolos City, Bulacan
PUBLIC INFORMATION OFFICE (x)
Supreme Court HON. MARIA ELLA CECILIA D. DUMLAO-
ESCALANTE (reg)
Presiding Judge and Member
*for circularization Special Committee on the Rules of Procedure
**party added in Election Contest Before the Second and
First Level Courts
Metropolitan Trial Court, Branch 35 --. v}
Quezon City if
Notice of Resolution - 43- A.M. No. 07-4-15-SC
August 29, 2023
HON. KARLAA. FUNTILA-ABUGAN (reg)

Presiding Judge and Member
Special Committee on the Rules of Procedure
in Election Contest Before the Second and
First Level Courts
Metropolitan Trial Court, Branch 17
Manila
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 Doria Julia Vargas Avenue
Ortigas Center, Pasig City 16
COMELEC (x)
lntramuros, Manila
~
A.M. No. 07-4-15-SC
kat 8/29/23 (signed res) 9/21/23
,

07 4 15 SC

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3R.

epublic of tbe ~bilippines

Please take notice that the Court en bane issued a Resolution

"A.M. No. 07-4-15-SC

THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

WHEREAS, Section 5 (5), Article VIII of the 1987 Cons itution

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

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

the "2010 Rules of Procedure in Election Contests before the Courts

Chairperson: Hon. Antonio T. Kho, 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 Il

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 Banc hereby approves and

August 29, 2023.

(original signed) (original signed)

(original signed) (original signed)

(original signed) (original signed)

On official leave (original signed)

(original signed) (original signed)

(original signed) (original signed)

(original signed) (original signed)

authority of the Court:

A.M. No. 07-4-15-SC

THE 2023 AMENDED RULES OF PROCEDURE IN ELECTION

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

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

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

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

( c) Automated Election System - refers to an election system using the

(d) Certificate of Canvass of Votes and Proclamation (COCVP) - refers

(e) Computation of Period - in accordance with Article 13 of the New

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

(h) E lection·- means the choice or selection of c3ndidates to pub! ic office

(i) Election Contests - refers to election protests or petitions for quo

(I) Election Protest-· refers to an election contest relating to the election

(n) Mono Precinct- refers to an individual regular or established precinct

(o) Official Ballot - refers to the paper ballot, or for purposes of

(q) Precinct Count Optical Scan or Vote Counting Machine (VCM)-

(r) Proclamation - refers to an official declaration or announcement by

(s) Promulgation - refers to the process by which a decision or resolution

(t) Quo f!Varranto under the Omnibus Election C ode - refers to an

ground of inelig ibil ity or di sloyalty to the Republic of the Philippines.

(u) Revision of Ballots - refers to the process of a recount of the ballots

(v) Statement of Votes by Precinct (SOVP) - refers to the document that