A.M. No.

10-4-1-SC (f) Picture Image of the Ballot – refers to the image of the ballot captured by the
PCOS machine at the time the voter feeds his/her ballot, which image is later stored
2010 RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE COURTS in a memory or removable data storage device attached to the PCOS machines.
INVOLVING ELECTIVE MUNICIPAL OFFICIALS
(g) Election Return – refers to the document showing the date of the election, the
province, city, municipality and the precinct where voting is held, and the number of
votes in figures for each candidate in a precinct or in clustered precincts.
RULE I
SCOPE (h) Electronic Election Return – refers to the copy of the election return in electronic
form, generated by the PCOS machine, that is electronically transmitted to: (1) the
Municipal Board of Canvassers for the official canvass; (2) the COMELEC Back-Up
Section 1. Title and coverage. – These Rules shall be known and cited as The 2010 Rules of
Server; (3) the server for the dominant majority party; (4) the server for dominant
Procedure for Municipal Election Contests.
minority party; (5) server for the citizen’s arm authorized by the COMELEC to
conduct a parallel count; and (6) the Kapisanan ng mga Broadcaster sa Pilipinas or
These Rules shall apply to election contests under the Automated Election System using the KBP.
Precinct Count Optical Scan, and shall govern the filing of pleadings, practice and procedure
in these contests.
(i) Printed Election Return – refers to the copy of the election return printed by the
PCOS machine on paper, and authenticated by the manual signatures and
Section 2. Application of the Rules of Court. – The Rules of Court shall apply to aspects of thumbmarks of the Board of Election Inspectors (BEI) members.
pleadings, practice and procedure in election contests not specifically provided for in these
Rules.
(j) Electronic transmission – refers to the act of conveying data in electronic form from
one location to another.
Section 3. Explanation of terms. – For purposes of and as used in these Rules:
(k) Canvass proceedings – refers to the proceedings that involve the consolidation of
(a) Courts – refers to the Regional Trial Court; precinct election results at the municipal level. The term also includes the formal
proclamation of the election winners at the municipal level.
(b) Election – means the choice or selection of candidates for public office by popular
vote through the use of the ballot. Specifically, it covers the conduct of the polls, (l) Consolidation machine – refers to the machine used during the canvass
including the listing of voters, the holding of the electoral campaign, the casting and proceedings to consolidate at every canvass level.
counting of ballots, the consolidation and transmission of results, and the canvassing
of the returns;
(m) Statement of Votes by Precinct, Municipality, City, District, Province, or Overseas
Absentee Voting (OAV) Station -–refers to a document in electronic and in printed
(c) Automated Election System or AES – refers to an election system using the form generated by consolidation machines or by computers during the canvass
technology designated by the Commission on Elections (COMELEC) for voting, proceedings. This document records the votes obtained by candidates in each
counting, consolidating, canvassing, transmission of election results, and the returns; precinct, municipality, city, district, province, or OAV Station, as the case may be.

(d) Precinct Count Optical Scan or PCOS – refers to the machine as well as the (n) Municipal Certificate of Canvass – refers to the document in electronic and in
technology using an optical ballot scanner, located in every precinct, that scans or printed form, containing the total votes in figures obtained by each candidate in the
reads paper ballots that voters mark by hand and insert into the scanner to be municipality the electronic form of which is the official canvass result in the
counted; municipality electronically-transmitted to a higher canvass level.

(e) Official ballot – refers to the paper ballot, capable of being optically scanned, with (o) Certificate of Canvass and Proclamation – refers to the official document in
the pre-printed names of all candidates and with ovals corresponding to each of the printed form, containing the names of all candidates who obtained the highest
printed names. The ovals are the spaces where voters express their choice through number of votes in a particular municipality and certifying to these candidates’
marking or shading using a COMELEC-provided marking pen. proclamation as winners.
(p) Data Storage Device – refers to the device that stores electronic documents from (w) Revision of ballots – refers ton the recount of ballots through their physical count;
where data may be obtained when necessary to verify the accuracy and correctness the segregation of ballots for the protestant, the protestee and other candidates for
of election data. The data storage device used in a PCOS shall be under the custody the same position and the recording of the objections and claims to these ballots.
and direct responsibility of the election officer after completion of the voting process.
A data storage device includes the back-up storage device under COMELEC custody (x) Promulgation – refers to the process of officially issuing the court’s decision or
that likewise stores authentic electronic copies of data. order in an election contest.

(q) Audit Log – refers to the electronic document, stored in the PCOS machine’s data Section 4. Inherent powers of the court. – A regional trial court acting on an election contest
storage device, containing the list of all activities the PCOS machine performs from shall have all the inherent powers of a court provided under Rule 135 of the Rules of Court,
the time that it is powered on until it is turned off. including the power to issue auxiliary writs, processes, and other means necessary to carry
its authority or jurisdiction into effect and to adopt suitable processes not expressly provided
(r) Electronic document – refers to the record of information or the representation of by, but conformable with, law, these Rules, or the Rules of Court.
information, data, figures, symbols or other modes of written expression, described or
however represented, by which a fact may be proved and affirmed, which is received, Section 5. Construction. – The Rules shall be liberally constructed to achieve a just,
recorded, transmitted, stored, processed, retrieve or produced electronically. It expeditious, and inexpensive determination and disposition of municipal election contests.
includes digitally-signed documents and any printout or output, readable by sight or
other means, that accurately reflects the electronic document.

For purposes of these Rules, an electronic document refers to either the picture
image of the ballots or the electronic copies of the election returns, the statements of
votes, the certificates of canvass, the audit log, and other electronic data processed
by the PCOS and consolidation machines.

(s) Manual count of ballots – where voting using the AES ballots proceeded manually
because the PCOS machines could not be used, votes shall be counted manually
under the guidelines provided by the COMELEC, and the courts shall be guided
accordingly.

(t) Election contests – refers to election protests or petitions for quo warranto.

(u) Election protest – refers to an election contest involving the election and returns of
municipal elective officials, grounded on fraud or irregularities committed in the
conduct of the elections, i.e., in the casting and the counting of the ballots, in the
consolidation of votes and in the canvassing of returns, not otherwise classified as a
pre-proclamation controversy cognizable by the COMELEC. The issue is who
obtained the plurality of valid votes cast.

(v) Quo Warranto under the Omnibus Election Code – refers to an election contest
involving the qualifications for office of an elective municipal official, on the ground of
ineligibility or disloyalty to the Republic of the Philippines. The issue is whether the
respondent possesses all the qualifications and none of the disqualifications
prescribed by law.
RULE 2 An unverified or insufficiently verified petition or one that lacks a certificate of non-forum
ELECTION CONTESTS shopping shall be dismissed outright and shall not suspend the running of the required period
for the filing of an election protest or petition for quo warranto.
Section 1. Jurisdiction of regional trial courts. – Regional trial courts shall have exclusive
original jurisdiction over all election contests involving municipal officials. Section 7. Period to file protest or petition; non-extendible. – The election protest or petition
for quo warranto shall be filed within a non-extendible period of ten (10) days counted from
Section 2. How initiated. – An election contest is initiated by the filing of an election protest or the date of proclamation.
a petition for quo warranto against an elective municipal official. An election protest or a
petition for quo warranto shall be filed directly with the court in three legible copies plus such Section 8. Pendency of pre-proclamation controversy. – The pendency of a pre-proclamation
number of copies corresponding to the number of protestees or respondents. controversy, involving the validity of the proclamation as defined by law, shall suspend the
running of the period for the filing of an election protest or petition for quo warranto.
An election protest shall not include a petition for quo warranto, nor shall a petition for quo
warranto include an election protest. Section 9. COMELEC judgment in disqualification case. – The decision of the COMELEC,
either en banc or in division, in a disqualification case shall not be a bar to the filing of a
Section 3. Modes of service and filing. – Service and filing of pleadings, including the petition for quo warranto based on the same ground, except when the Supreme Court has
initiatory petition and other subsequent papers, shall be done personally. Except for papers affirmed the COMELEC decision.
emanating from the court, resort to other modes of service must be accompanied by a written
explanation why the service or filing was not done personally. A pleading or motion violating Section 10. Contests of the protest or petition. – (a) An election protest or petition for quo
this Rule shall be considered not to have been filed.1avvphi1 warranto shall commonly and specifically state the following facts:

Section 4. Election protest. – A petition contesting the election or returns for an elective (i) the position involved;
municipal office shall be filed with the proper Regional Trial Court by an candidate who was
voted for the same office and who received the second or third-highest number of votes or, in (ii) the date of proclamation; and
a multi-slot position, was among the next four candidates following the last-ranked winner
duly proclaimed, as reflected in the official results of the election contained in the Statement (iii) the number of votes credited to the parties per the proclamation.
of Votes by Precinct. The party filing the protest shall be designated as the protestant; the
adverse party shall be known as the protestee.
(b) A quo warranto petition shall also state:
Each contest shall refer exclusively to one office; however, contests for offices of the
Sangguniang Bayan may be consolidated in one case. (i) if the petitioner is not a candidate for the same municipal position, the
facts giving the petitioner standing to file the petition;
Section 5. Quo warranto. – A petition for quo warranto against an elective municipal official
shall be filed with the proper Regional Trial Court by any registered voter who voted in the (ii) the qualifications for the municipal office and the disqualifications
municipal election. The party filing the petition shall be designated as the petitioner; the prescribed by law;
adverse party shall be known as the respondent.
(iii) the petitioner’s cited ground for ineligibility or the specific acts of
Section 6. Petition must be verified and accompanied by a certificate of non-forum disloyalty to the Republic of the Philippines.
shopping. – An election protest or a petition for quo warranto shall be verified by an affidavit
stating that the affiant has read the petition and that its allegations are true and correct of the (c) An election protest shall also state:
affiant’s own knowledge or based on authentic records. A verification based on "information
and belief" or upon "knowledge, information and belief" is not sufficient. (i) that the protestant was a candidate who had duly filed a certificate of
candidacy and had been voted for the same office;
The protestant or petitioner shall sign personally the certificate of non-forum shopping, which
must be annexed to the election protest or petition for quo warranto. (ii) the total number of precincts in the municipality;
 (iii) the protested precincts and votes of the parties are not specified, an RULE 3
explanation why the votes are not specified; and SUMMONS

(iv) a detailed specification of the acts or omissions complained of showing Section 1. Summons. – Within twenty-four (24) hours from the filling of a protest or petition,
the electoral frauds, anomalies or irregularities in the protested precincts. the clerk of court shall issue the corresponding summons to the protestee or to the
respondent, together with a copy of the protest or petition, requiring the filling of an answer
Section 11. Raffle of cases. – The Supreme Court shall designate the Regional Trial Court within a non-extendible period of five days from notice.
within a judicial region that shall take cognizance of election protests and petitions for quo
warranto. A raffle conducted by the executive judge shall determine the assignment of cases Section 2. Service of summons. – The summons shall be served by handing copies of the
to these courts except in single-sala courts or courts specifically designated by the Supreme summons and of the protest or the petition to the protestee or the respondent in person or, in
Court. No court shall assume jurisdiction over an election contest unless the case has been case of the protestee’s or the respondent’s refusal to receive and sign these copies, by
properly assigned to it as provided herein. tendering them to him or her.

At least twenty-four (24) hours before the raffle, the clerk of court must serve personal notice If, for justifiable causes, the protestee or the respondent cannot be served in person as
to the parties, stating the date and time of the raffle. Proof of service to the parties shall be provided above, service may be effected by leaving copies of the summons and the protest
submitted to the court, and the raffle shall be open to the public. The Supreme Court shall or the petition at:
issue the necessary circular implementing this proviso.
(a) The protestee’s or the respondent’s residence, with a person of suitable age and
The Court may order a change of venue or place or trial for compelling reasons to avoid a discretion residing therein, or
miscarriage of justice.
(b) The protestee’s or the respondent’s office or regular place of business, with a
Section 12. Summary dismissal of election contests. – The court shall summarily dismiss, competent person in charge thereof.
motu proporio, an election protest, counter-protest or petition for quo warranto on any of the
following grounds: Section 3. By whom served. – The summons shall be served by a sheriff, a deputy sheriff, a
process server or any other suitable person authorized by the court issuing the summons.
(a) The court has no jurisdiction over the subject matter;

(b) The petition is insufficient in form and content as required under Section 10;

(c) The petition is filed beyond the period prescribed in these Rules;

(d) The filling fee is not paid within the period for filling the election protest or petition
for quo warranto; and

(e) In a protest case where cash deposit is required, the deposit is not paid within five
(5) days from the filling of the protest.
RULE 4 (b) Compulsory counterclaim or cross-claim not set up barred. – A compulsory
ANSWER AND COUNTER-PROTEST counterclaim or a cross-claim not set up shall be barred.

Section 1. Verified answer; counter-protest. – Within five (5) days from receipt of the (c) Effect of failure to answer. – If the protestee or the respondent fails to answer
summons and the copy of the protest or petition, the protestee or the respondent shall file an within the time allowed in an election protest that does not involve ballot revision or in
answer in three (3) legible copies, with proof of service of a copy on the protestant or the a petition for quo warranto, the court – upon motion of the Protestant or the
petitioner. petitioner, with notice to the protestee or the respondent, and upon proof of such
failure – shall proceed to render judgment granting the relief prayed for on the basis
The answer shall be verified and may set forth admissions and denials, special and of the allegations of the verified protest or petition, unless the court in its discretion
affirmative defenses, and a compulsory counterclaim. The protestee may incorporate a opts to require the protestant or the petitioner to submit evidence ex parte.
counter-protest in the answer.
Where the election protest involves revision or examination of ballots or the verification or re-
The counter-protest shall specify the counter-protested precincts and the parties’ votes per tabulation of the election returns, the court shall issue the appropriate order and shall
the Statement of Votes by Precinct and, in the proper case, a detailed specification of the proceed to render judgment based on the results of the revision, examination, verification or
acts or omissions complained of as electoral fraud, anomalies or irregularities in the counter- re-tabulation. During these proceedings, only the protestant’s revisors may participate. The
protested precincts; if the votes are not so specified, an explanation should be made for the protestee, or his or her duly authorized representative, has the right to be present and to
omission.1avvphi1 observe the proceedings, without the right to object and to lay claim to ballots and election
returns.
Section 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) days Section 5. How to compute time. – In computing any period of time prescribed or allowed by
from notice. these Rules, by order of the court or by any applicable statute, the day of the act or the event
marking the start when time begins to run is to be excluded and the date of performance
included. If the last day of the period, as so computed, falls on a Saturday, a Sunday, or a
Section 3. Allegations in the answer. –
legal holiday in the place where the court sits, time shall not run until the next working day.
(a) Specific denial. – A protestee or respondent must specify each material allegation
Section 6. Amendments; limitations. – After the expiration of the period for the filling of an
of fact whose truth he or she does not admit; whenever practicable, he or she shall
election protest, counter-protest or petition for quo warranto, substantial amendments that
set forth the substance of the matters upon to support the denial. The protestee or
broaden the scope of the action or introduce an additional cause of action may be allowed
respondent shall specify the averments that are true and material, and shall deny the
rest. only upon leave of court. Leave of court may be refused if the motion for leave appears to the
court to be intended for delay. Any amendment in matters of form – such as a defect in the
designation of the parties and other clearly clerical or typographical errors – may summarily
(b) Allegations not specify denied deemed admitted. – Material averments in the corrected by the court at any stage of the proceedings, at its initiative or on motion, provided
protest or petition, other than the amount of unliquidated damages and issues on the the correction does not prejudice the adverse party.
appreciation of ballots, shall be deemed admitted when not specifically denied.

Section 4. Effect of failure to plead. –

(a) Defenses and objections not pleaded. – Defenses and objections not pleaded are
deemed waived. The 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 judgement or by the statute of
limitations.
RULE 5 (j) Motion for the inhibition of the presiding judge, except on clearly valid grounds;
MOTIONS
(k) Reply or rejoinder; and
Section 1. Motions must be in writing. – All motions shall be in writing, except for those made
in open court. (l) Third-party complaint.

Section 2. Proof of service necessary. – The court shall not act on any written motion, except Section 2. Grounds to dismiss be set up in the answer. – All grounds to dismiss an election
upon submitted proof of service on the adverse party. protest or petition for quo warranto must be set up or pleased as affirmative or special
defenses. Defenses not raised are deemed waived. The court may, at its discretion, hold a
Section 3. No hearings on motions. – No motion shall be set for hearing, and no oral preliminary hearing on the grounds so pleaded.
argument shall be allowed in support of any motion, except upon the court’s express. A
motion shall be deemed submitted for resolution unless the adverse party files his or her
written objections within five (5) days from service. The court shall resolve a motion within (5)
days from the time it is deemed submitted for resolution. RULE 7
FILING FEES AND CASH DEPOSITS

Section 1. Filling fees. – No protest, counter-protest or petition for quo warranto shall be
RULE 6 accepted for filling without the payment of a filling fee in the amount of Three Thousand
PROHIBITED PLEADINGS Pesos (P3,000.00) for every protest, counter-protest or petition for quo warranto filed.

Section 1. Prohibited pleadings and motions. – The following pleadings, motions or petitions If claims for damages and attorney’s fees are set forth in a protest or counter-protest,
shall not be allowed in the cases covered by these Rules: additional filling fees shall be paid in accordance with the schedule under Rule 141 of the
Rules of Court, as amended.
(a) Motion to dismiss the petition, except on the ground of lack of jurisdiction over the
subject matter; Section 2. Cash deposit. –

(b) Motion for a bill of particulars; (a) In addition to the fees prescribed in the preceding section, the protestant in an
election protest requiring revision or examination of ballots, or the verification or re-
(c) Demurrer to evidence; tabulation of election returns, or which may require bringing copies of other election
documents and paraphernalia to court, shall make a cash deposit with the court in
(d) Motion for new trial, or for the reconsideration of a judgment, or for reopening of the following amounts:
trial;
i. One Thousand Pesos (P1,000.00) for each precinct covered by the protest
(e) Petition for relief from judgment; or counter-protest, provided that the deposit shall in no case be less than
Twenty-five Thousand Pesos (P25,000.00) to be paid upon the filling of the
election protest or counter-protest;
(f) Motion for extension of time to file pleadings, affidavits or other papers;

ii. Twenty-five Thousand Pesos (P25,000.00) for the cost of bringing to court
(g) Memoranda, except as provided under Section 7, Rile 13 of these Rules;
and of storing and maintaining the PCOS, the consolidation machines and
other automated election paraphernalia brought to court as evidence or as
(h) Motion to declare the protestee or the respondent in default; necessary equipment in considering the protested or counter-protested
ballots;
(i) Dilatory motion for postponements;
 iii. If the amount to be deposit does not exceed One Hundred Thousand RULE 8
Pesos (P100,000.00), the required sum shall be paid in full within ten (10) PRODUCTION AND CUSTODY OF BALLOT BOXES, ELECTION DOCUMENTS,
days from the filling of the protest or counter-protest; and DATA STORAGE DEVICES AND PCOS MACHINES USED IN THE ELECTIONS (A)

iv. If the required deposit shall exceed One Hundred Thousand Pesos Section 1. Issuance of precautionary protection order. – Where the allegations in a protest so
(P100,000.00), a cash deposit in the amount of One Hundred Thousand warrant, the court shall order – simultaneously with the issuance of summons – the municipal
Pesos (P100,000.00) shall be made within ten (10) days from the filling of the treasurer and election officer concerned to take immediate and appropriate measures to
protest or counter-protest. The balance shall be paid in installments under safeguard the integrity of all the ballot boxes and the ballots, the lists of voters and voting
the schedule the court may require after hearing the Protestant or counter- records, the books of voters and other documents or paraphernalia used in the election, as
Protestant on the matter. well as the automated election equipment and records such as the data storage devices
containing electronic data evidencing the conduct and results of elections in the contested
The cash deposit shall be applied by the court to the payment of the compensation of precincts.
revisors as provided under Section 3, Rule 10 of these Rules, and of all the expenses
incidental to revision, including but not limited to the cost of supplies and Section 2. When ballot boxes and election documents are brought before the court. – Within
miscellaneous expenses of the revision committee, the cost of the production in court forty-eight (48) hours from receipt of an answer with counter-protest, when the allegations in
and the storage and maintenance of automated election equipment and an protest or counter-protest so warrant, the court shall order the ballot boxes with their keys,
paraphernalia. the PCOS and consolidation machines, the electronic data storage devices, the lists of voters
and voting records, the books of voters, and other documents or paraphernalia involved in
When circumstances so demand (such as when the deposit has been or is about to the protest or counter-protest, to be brought before it.
be depleted), the court may require the payment of additional cash deposits. Any
unused cash deposit shall be returned to the depositing party after the complete The court shall notify the parties of the date and time of retrieval and transfer from their
termination of the protest or counter-protest. respective custodians of the ballot boxes, the PCOS and consolidation machines (if
necessary), the electronics data storage devices and all other automated election documents
The same amount of cash deposit shall be required from the protestee (counter- and paraphernalia. The parties may send representatives to witness the retrieval and
protestant), should continuation of revision be ordered pursuant to paragraph 2, transfer. The absence, however, of a representative of a party shall not be reason to
Section 10, Rule 10 of these Rules. Once required, the protestee (counter-protestant) postpone or delay the retrieval or transfer of the above-mentioned equipment, devices and
shall pay the cash deposit within a non-extendible period of three days from receipt of election documents.
the court’s order.
The court, at its discretion, may seek the assistance of the Philippine National Police (PNP)
(b) Failure to make the cash deposits required within the prescribed time limit shall or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and
result in the automatic dismissal of the protest or counter-protest. the election equipment, devices and documents to its custody.

Where any of the ballot boxes, ballots, PCOS machines, data storage devices, election
returns, election documents or paraphernalia mentioned above are also involved in election
contests before other for a (such as the Presidential Electoral Tribunal, the Senate Electoral
Tribunal, the House of Representatives Electoral Tribunal or the Commission on Elections)
with preferential rights of custody and revision in simultaneous protests under COMELEC
Resolution No. 2812 dated 17 October 1995, the court shall coordinate with and make the
appropriate request with the higher tribunals for the temporary prior custody of ballot boxes,
PCOS machines, electronic data storage devices and other election documents and
paraphernalia, or for the synchronization of revision activities.

The expenses necessary and incidental to the production in court of the ballot boxes and
election documents and the production, storage and maintenance of PCOS machines, data
storage devices, and automated election paraphernalia and documents shall be shouldered
and promptly paid by the protestant and counter-protestant in proportion to the precincts (j) Other matters that may contribute to prompt disposition of the case.
covered by their protects or counter-protests. The expenses necessary and incidental to the
return of the materials and documents produced in court to their original custodians or to the Section 2. Notice through counsel. – The notice of preliminary conference shall be served on
proper tribunal after the termination of the case shall likewise be shared proportionately by counsel or on counsel on the party himself or herself who is not presented by counsel. Notice
the protestant and the protestee based on the number of precincts they respectively contest. to counsel is to notice to the party, as counsel is charged with the duty to notify the party
represented.
Section 3. Access to electronic data in the COMELEC back-up server. – Upon motion duly
made based on demonstrated need, the court may order the COMELEC to provide the Section 3. Appearances of parties. - The parties have the duty to appear the person before
moving party access to, or to recover and use, electronic data from the COMELEC back-up the court at the preliminary conference. Counsels appearing without their clients should be
server under conditions and safeguards required by COMELEC. specifically authorized to appear for and to bind their clients on the matters covered by the
preliminary conference.
RULE 9
PRELIMINARY CONFERENCE Section 4. Preliminary conference brief. – The parties shall file with the court their respective
preliminary conference briefs and serve these on the adverse party in a manner that shall
Section 1. Preliminary conference; mandatory. – Within three (3) days after the filling of the ensure the other party’s receipt of the brief at least one day before the date of the preliminary
last responsive pleading allowed by these Rules, or on the expiration of this period without conference. The briefs shall contain the following:
any responsive pleading having been filed, the court shall conduct a mandatory preliminary
conference among the parties to consider: (a) A summary of admitted facts and proposed stipulations;

(a) The simplification of issue; (b) The issues is to be tried and resolved (i.e., for election protests, the alleged frauds
or irregularities committed in the conduct of the election; for quo
(b) The necessary or desirability of amendments to the pleadings; warranto proceedings, the ground for ineligibility or acts of disloyalty);

(c) The possibility of obtaining stipulations or admission of facts and of documents to (c) The documents or exhibits to be presented;
avoid unnecessary proof;
(d) A manifestation indicating the use of the intent to use discovery procedures or
(d) The limitation of the number of witnesses; referral to commissioners;

(e) The nature of the testimonies of the witnesses and whether they relate to (e) The number and names of witnesses, their addresses, and the substance of their
evidence that do not involve the ballots, or otherwise; respective testimonies. The testimonies of witnesses shall be by affidavits, in
question and answer form, which shall serve as their direct testimonies, subject to
(f) The withdrawal of certain protested or counter-protested precincts, especially oral cross-examination;
those where the ballot boxes or ballots are unavailable or are missing, cannot be
located, have been destroyed due to natural disasters or calamities, or where the (f) A manifestation of withdrawal of certain protested or counter protested precincts, if
PCOS and other electronic data are missing; this is the case;

(g) The number of revision committees to be constituted; (g) The proposed number of revision committees and the names of proposes revisors
and alternated revisors; and
(h) The procedure to be followed in case the election protest or counter-protest
seeks, wholly or partially, the examination of ballots, or the verification or re- (h) The procedure to be followed in case the election protest or counter protest seeks
tabulation of election returns; the revision or examination of ballots, or the verification or re-tabulation of election
returns.
(i) The procedure in handling the PCOS and the other electronic machines and data;
and
Section 5. Failure to file brief. - The failure to file the required brief or to provide the brief’s compensation shall be chargeable against the cash deposit as provided for under Section2,
mandatory contests shall have the same effect as the failure to appear at the preliminary Rule 7 of these Rules.
conference.
Section 4. Continuous revisions. –
Section 6. Effect of failure to appear. – The failure of the protestant/petitioner or the duly
authorized counsel to appear at the preliminary conference authorizes the court, as its own (a) Period for revision. – Revision shall be conducted from 8:30 a.m. to 12:00 noon
initiative, to dismiss the protest, or counter-protest or petition. The failure of the and from 1:30 p.m. to 4:30 p.m. from Monday to Friday, except on non-working
protestee/respondent or of the duly authorized counsel to appear at the preliminary holidays. The revisors may take fifteen-minute breaks during the revision.
conference may likewise have the effect provided under Section 4(c), Rule 4 of these
Rules, i.e., the court may allow the protestant/petitioner to present evidence ex parte and (b) Revision to continue even if a party revisor is absent or late. – The revision shall
render judgment based on the evidence presented. bot be delayed or postponed by reason of the absence or tardiness of a party’s
revisor or substitute revisor, as long as the chairperson and one party revisor are
Section 7. Preliminary conference order. – The court shall issue an order summarizing the present. The court may at any time designate another chairperson if the regular
matters taken up and the stipulations or agreements reached during the conference within chairperson fails for any reason to report.
three (3) days following the termination of the preliminary conference. The court shall
commence, the starting date of which shall be within five (5) days from the termination of the (c) If the revisor of the protestee is absent or late. - If the revisor of the protestee is
preliminary conference. absent or late for thirty minutes and no alternate appears as a substitute, the revision
shall nevertheless commence. The protestee shall be deemed to have waived the
RULE 10 right to appear and to object to the revision of ballots made during his or her revisor’s
REVISION OF BALLOTS absence or tardiness.

Section 1. Start of revision. – The revision of ballots shall commence on the date specified in (d) If the revisor of the protestant or the revisors of both parties fail to appear. – If the
the preliminary conference order. protestant’s revisor or the revisors of both parties or their alternates fail to appear
without justifiable reason within one hour after the scheduled start of the revision, the
Section 2. Revision committee; under the supervision of the court. – As many revision ballot boxes scheduled for revision that day and the corresponding ballot box keys in
committees as may be necessary shall be constituted. Each revision committee shall be the possession of the chairperson, shall be returned to the court’s ballot box
composed of a chairperson and two members, one of whom is designated by the protestant custodian, and the ballots shall no longer be revised, the parties are deemed to have
and the other by the protestee. The court shall designate the chairperson and a recorder from waived their right to the revision for that day, and the chairperson shall state the facts
among its personnel. The parties shall also designate their respective substitute revisors. of absence and waiver in the revision report.

The revision committee shall conduct the revision in the court premises or at such other place Section 5. Prohibited access. – During the revision, no person other than the judge, the clerk
in the court may designate, in every case under its strict supervision. of the court, the chairperson and the members of the revision committee, the parties and their
duly authorized representatives shall have the access to the revision area.
The revisors shall discharge their duties with the highest degree of integrity, conducting the
proceedings with the same dignity and discipline the court itself brings to the proceedings. Section 6. Conduct of revision. – The revision of the votes on the ballots shall be done
They shall exercise extraordinary diligence and take the precautionary measures requires by manually and visually and through the use of appropriate PCOS machines, according to the
this level of diligence to prevent loss, disappearance or impairment of the integrity of the procedure below:
ballots and the election documents, whether electronic or printed, and the misuse of the
electronic election machines, devices and paraphernalia. (a) On the scheduled day of revision, the following, if needed, should be in the
custody of the court:
Section 3. Compensation of the revisors. - The court shall fix the compensation of the
revisors at Eight Hundred Pesos (P800.00) per ballot box for the chairperson and Three (i)the ballot boxes containing the ballots in protested and counter protested
Hundred Pesos (P300.00) per ballot box for each party revisor. The party revisors shall each precincts; and
be entitled to an additional per diem of Five Hundred Pesos (P500.00) per day. The
compensation for a recorder shall be Three Hundred Pesos (P300.00) per ballot box. This
 (ii) the data storage devices and the PCOS machines used in the precincts (j) There shall be a tally sheet in at least 5 copies, plus additional copies depending
concerned or any other device that can be used to authenticate or assure the on the number of additional parties, that shall be used to tally the votes as they are
genuineness of the ballots; counted through the use of taras and sticks.

(b) The revision committee shall initially note, before anything else, the condition of (k) After all the ballots from one ballot box have been counted, the revision committee
the ballot box and its locks and locking mechanism, and record this condition in the shall secure the contested ballots and complete the recount report for the precinct.
revision report. Based on this observation, the revision committee must also Thereafter, it shall proceed to recount the votes from the ballots of the next precinct.
determine whether the integrity of the ballot box has been preserved.
(l) In case of multiple revision committees, the recount shall be done simultaneously.
(c) The ballot box shall then be opened and the ballots taken out. The "valid" ballots
shall first be counted, without regard to the votes obtained by the parties. This will be (m) In the event that the revision committee determines that the integrity of the ballots
followed by the counting of the torn, unused stray and rejected ballots, as classified and the ballot box have not been preserved, as when proof of tampering or
at the polling place. substitution exists, it shall proceed to instruct the printing of the picture image of the
ballots stored in the data storage device for the precinct. The court shall provide a
(d) The votes appearing in the election returns copy for the ballot box shall then be non-partisan technical person who shall conduct the necessary authentication
recorded in the minutes. process to ensure that the data or image stored is genuine and not a substitute. Only
after this determination can the printed picture image be used for the recount,
(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 fed to the PCOS Section 7. Preparation and submission of revision report. – The committee shall prepare and
machine during the voting. The authentication shall be through the use of PCOS submit to the court a revision report per precinct stating the following:
machines actually used during the elections in the subject precinct, or by another
device certified by the Commission to be capable of performing the desired (a) the precinct number;
authentication requirement through the use of the bar codes and the ultra-violet ray
code detection mechanism. (b) the date, the place and the time of revision;

(f) The recount shall only proceed after the revision committee, through its (c) the votes of the parties per physical count;
chairperson and members, has determined that the integrity of the ballots has been
preserved.
(d) the condition and the serial numbers of the following:.
(g) The revision committee shall thereafter proceed to look at the ballots and count
the indicated votes for the contested position. (i) ballot boxes;

(h) In looking at the shades or marks used to register votes, the revision committee (ii) self-locking security metal or plastic seals (inner and outer) and padlocks
shall bear in mind that the will of the voters reflected as votes in the ballots shall as of the ballot boxes;
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 (iii) security envelopes containing the election returns; and
reasons exist to justify their rejection. However, marks or shades that are less than
50% of the oval shall not be considered as valid votes. Any issue as to whether a (iv) numbered paper seal of the envelopes;
certain mark or shade is within the threshold shall be determined by using the PCOS
machine, not by human determination. (e) if required, the availability of and other circumstances attendant to the PCOS
machines and other automated election devices and paraphernalia used in the
(i) The rules on the appreciation of the ballots under Section211 of the Omnibus revision;
Election Code shall apply suppletorily when appropriate.
 (f) the votes of the parties per the ballot box copy of the election returns and per the Section 9. Inquiry as to security markings and vital information relative to ballots and election
tally sheet/board found inside the ballot box; documents. – When a revision of ballots is ordered, and for the guidance of the revisors, the
court shall inquire about the security markings on the ballots and the security measures used
(g) the number of ballots objected to by the parties indicating therein the exhibit in the election documents from the Chairperson of COMELEC who shall be obliged to
numbers; indicate this markings, measures and other vital information that may aid the court in
determining the authenticity of the ballots and election documents. The parties shall be
notified of the results of this inquiry.
(h) the grounds of objections;

Section 10. Post-revision determination of the merit or legitimacy of the protest prior to
(i) the number of stray ballots;
revision of the counter-protest. – Immediately after the revision or examination of ballots, or
the verification or re-tabulation of election returns in all protested precincts, the protestant
(j) the claims on ballots with their exhibit numbers; and shall be required to point to a number of precincts, corresponding to twenty percent (20%) of
the total of the revised protested precincts, that will best attest to the votes recovered, ore
(k) the entries in the Minutes of Voting and Counting, particularly: that will best exemplify the fraud or irregularities pleaded in the protest. In the meanwhile, the
revision or examination of the ballots, or the verification or re-tabulation of election returns in
(i) the number of registered voters; the counter-protested precincts, shall be suspended for a period not exceeding fifteen days to
allow the court to preliminarily determine, through the appreciation of ballots and other
(ii) the number of voters who actually voted; submitted election documents, the merit of legitimacy of the protest based in the chosen
twenty percent (20%) of the protested precincts.
(iii) the number of official ballots, together with their serial numbers, used in
the election; Based on the results of this post-revision preliminary determination, the court may dismiss
the protest without further proceedings if the validity of the grounds for the protest is no
established by the evidence from the chosen twenty percent (20%) of the protested precincts;
(iv) the number if ballots actually used indicating the serial numbers of the
or proceed with the revision or examination if the ballots, or the verification or re-tabulation of
ballots; and
election returns in the counter-protested precincts. In the latter case, the protestee shall be
required to pay the cash deposit within a non-extendible period of three (3) days from notice.
(v) the unused ballots together with their serial numbers.
Section 11. Continuation of the appreciation of ballots. - If the court decides not to dismiss
The revision forms shall be made available prior to the revision. The per-precinct the protest after the preliminary examination of the evidence from the chose twenty percent
revision report shall be signed and certified by the chairperson and by the parties’ (20%) of the protested precincts, revision with respect to the remaining precincts shall
revisors, and shall form part of the records of the case. proceed at the same time that the ballots or election documents from the counter-protested
precincts are being revised. After completion of the revision of the protested precincts, the
In addition to the per-precinct revision report, the revision committee shall also court shall proceed with the appreciation and revision of ballots from the counter-protested
prepare and submit to the court, within three days from termination of the revision, a precincts.
committee report summarizing the data, votes, ballot objections and claims, and
significant observations made during the revision of ballots from the protested
precincts and later from the counter-protested precincts, if so conducted based on
the provisions of Section 10 below. Each party furnished with a copy of the
committee report may submit its comments thereon within a non-extendible period of
three (3) days from notice.

Section 8. Order of revision. – Revision of ballots shall start with those from the protested
precincts , subject to the provisions of Section 10 thereof.
RULE 11 RULE 12
TECHNICAL EXAMINATION PHOTOCOPYING OF BALLOTS

Section 1. Motion f or technical examination; contents. – Except when the protest or counter- Section 1. Photocopying simultaneous with revision. – On the motion of a party, the court
protest involves allegation of massive substitute voting, a party may move for the technical may allow the photocopying of ballots and election documents, upon such terms and
examination of the presented evidence within five (5) days after completion of the revision in conditions as the court may impose. The photocopying, if allowed, must start at the
the protest or counter-protest, specifying: commencement of revision and, as far as practicable, must be completed simultaneously with
the termination of revision.
(a) The nature of the technical examination requested (e.g., fingerprint examination,
etc.); Section 2. Where conducted; parties to provide own photocopying units. – Photocopying
shall be done within the premises of the court, near the revision area, and shall be under the
(b) The documents or machines/equipment to be subjected to technical examination; supervision of the clerk of court. The requesting party shall provide an efficient photocopying
unit and shall bear all attendant expenses.
(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 Section 3. Copying or reproduction of electronic data. – On the motion of a party, the court
may allow the reproduction of electronic data that are submitted as evidence, or that are
within the custody and control of the COMELEC under the conditions and safeguards the
(d) The ballots covered by these objections.
COMELEC shall require. The costs and expenses shall be for the account of the party
seeking the reproduction.
Section 2. Technical examination; time limits. – The court may grant the motion for technical
examination at its discretion and under the conditions it may impose. If the motion is granted,
the technical examination shall start within five (5) days from notice to both parties, and shall
be completed within the period specified by the court, in no case to exceed to twenty
successive working days, unless the court grants an extension based on exceptionally
meritorious ground. A party may attend the technical examination either personally or through
a representative. However the technical examination shall proceed with or without the
attendance of a party, provided that the due notice has been given.

The expenses for technical examination shall be for the account of the party requesting the
examination. The technical examination shall be under the supervision of the clerk of court.

Section 3. Experts; who shall provide. – 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 Commission on Elections,
the Department of Science and Technology, or experts from the private sector. The other
party may secure the services of his or her own expert who may only observe, not interfere
with, the examination conducted by the movant’s experts.
RULE 13 The revision reports, as well as the ballots objected to or claimed by the parties and the
PRESENTATION OF EVIDENCE submitted electronic evidence, shall automatically form part of court records and may be
adopted by the other parties as their evidence.
Section 1. Presentation and reception of evidence; order of hearing. – If at the preliminary
conference the parties have agreed on issues that do not involve the examination and Section 2. Offer of evidence. – The court shall not consider any evidence that has not been
appreciation of ballots or other election documents (e.g., vote-buying, fraud, terrorism or formally offered. Offer of evidence shall be done orally on the last day of hearing allowed for
violence), the reception of evidence on the issues, including the testimonies of witnesses, each party after the presentation of the party’s last witness. The opposing party shall be
shall be done simultaneously with the revision of ballots that may be required. required to immediately interpose objections to the offer. The court shall rule on the offer of
evidence in open court. However, the court may, at its discretion, allow the party to make an
The reception of evidence on all other matters or issues incidental to or involving the ballots offer of evidence in writing, which shall be submitted within three days from notice of the
and related election documents shall be made upon completion of (a) the revision of ballots court’s order. If the court rejects any evidence offered, the party may make a tender of the
or election documents; or (b) the technical examination, if allowed by the court under the excluded evidence.
provisions of Rule 11 of these Rules.
Section 3. Reception of evidence continuous. – Reception of evidence, once commenced,
Reception of evidence shall be made in accordance with the following order of hearing: shall continue from day to day, as far as practicable, until fully completed or terminated at the
court’s order. In no case shall the entire period for reception of evidence exceed ten
successive days for each party, from the first day reception of evidence starts, unless
(a) The protestant or petitioner shall present evidence in support of the protest or
otherwise authorized by the Supreme Court.
petition;

Section 4. Adjournments and postponements. – No motion for postponement shall be

(b) The protestee or respondent shall then adduce evidence in support of the
allowed, except for clearly meritorious reasons. In no case shall the resetting of hearings
defense, counterclaim or counter-protest, if any;
have an interval exceeding three calendar days, nor shall the postponements of hearing
granted to each party exceed three (3). The filing of dilatory pleadings or motions shall
(c) The parties may then respectively offer rebuttal evidence only, unless the court for constitute direct contempt of court and shall be punished accordingly.
good reasons and in the furtherance of justice, permits them to offer evidence on
their original case; and
Section 5. Burden of proof. – Burden of proof is the duty of a party to present evidence of the
facts in issue to establish his or her claim or defense.
(d) No sur-rebuttal evidence shall be allowed.
Section 6. Disputable presumptions. – The following presumptions are considered as
In offering testimonial evidence, the party shall require the proposed witness to execute an established facts, unless contradicted and overcome by other evidence:
affidavit which shall be considered as the witness’ direct testimony, subject to the right of the
adverse party to object to its inadmissible portions and to orally cross-examine the witness.
The affidavit shall be based on personal knowledge, shall set forth facts as would be (a) On the election procedure:
admissible in evidence, and shall show affirmatively that the affiant is competent to testify on
the stated matters. The affidavit shall be in question and answer form, and shall be submitted (i) The election of candidates was held on the date and at the time set and in
to the court and served on the adverse party at least three (3) days before the hearing. the polling place determined by the Commission on Elections;

Failure to submit the affidavit of witness within the specified time shall constitute a waiver of (ii) The Boards of Election Inspectors were duly constituted and organized;
the party’s right to present testimonial evidence.
(iii) Political parties and candidates were duly represented by pollwatchers;
The one-day-cross-examination-of witness rule – i.e., that a witness has to be fully cross-
examined on one day – shall strictly be followed, subject to the court’s discretion to extend (iv) Pollwatchers were able to perform their functions;
the cross-examination for justifiable reasons.
(v) The Minutes of Voting and Counting contains all the incidents that
transpired before the Board of Election Inspectors; and
 (vi) The Audit Log contains the list of all activities performed by the PCOS RULE 14
machines from the time it was powered on until it was turned off. DECISION

(b) On election paraphernalia: Section 1. Rendition of decision. – The court shall decide the election contest within thirty
(30) days from the date the case is submitted for decision, in no case beyond six (6) months
(i) Ballots and election returns that bear the security markings and features after its filing, unless the Supreme Court authorizes an extension in writing. Failure to comply
prescribed by the Commission on Elections are genuine; with this timeline shall be considered a serious offense and shall be a ground for disciplinary
action against the judge. In addition, six (6) months after the submission of the case for
decision, the judge shall be relieved of all duties and functions except to decide the election
(ii) The data and information supplied by the members of the Boards of
case.
Election Inspectors in the accountable forms are true and correct; and

An election protest is deemed submitted for decision after completion of the reception of
(iii) The allocation, packing and distribution of election documents or
evidence or, if the parties were allowed to submit memoranda, upon submission of their
paraphernalia were properly and timely done;
memoranda or the expiration of the period for their filing, whichever is earlier. In an election
protest, the winner shall be the candidate who obtained the plurality of the valid votes cast.
(iv) The PCOS and consolidation machines and the data storage devices are
all in order, and the data generated reflect the activities entered in these
Section 2. Form of decision in election protests. – After the termination of the revision of
electronic machines and devices.
ballots and before rendering its decision in an election protest that involved a revision, the
court shall examine and appreciate the original ballots. The court, in its appreciation of the
(c) On appreciation of ballots: ballots and in ruling on the parties’ claims and objections, shall observe the following rules:

(i) A ballot with appropriate security markings is valid; (a) On marked ballots – The court must specify and point to the marking clearly
indicating the voter’s intent to identify the ballot.
(ii) The ballot reflects the intent of the voter;
(b) On fake or spurious ballots, election document, machine, device or
(iii) The ballot was properly accomplished; paraphernalia – The court must specify the COMELEC security markings or features
that are not found in the ballot, election documents, machine, device or paraphernalia
(iv) A voter personally prepared one ballot, except in the case of assistors; considered fake or spurious, or the operation or aspects of the machine, device or
and paraphernalia that resulted in fake or spurious results;

(v) The exercise of one’s right to vote was voluntary and free. (c) On stray ballots – The court must specify and state in detail why the ballots are
considered stray;
Section 7. Submission of memoranda. – The court may allow the parties to submit their
respective memoranda within a non-extendible period of ten (10) days from the verbal ruling (d) On claimed ballots – The court must specify the exact basis for admitting claimed
of the court on the last offer of exhibits; or, if the offer was made in writing, within ten (10) votes or crediting these to either party.
days from receipt of the written ruling of the court. No supplemental, reply or rebuttal
memorandum shall be allowed. Section 3. Several judgments. – In a protest or petition against several protestees or
respondents, the court may, when a several judgment is proper, render judgment against one
or more of them, leaving the protest or petition to proceed against the others.

Section 4. Promulgation of decision. – The decision signed by the presiding judge shall be
promulgated by reading its dispositive portion in open court on a date set with notice to the
parties and filing the decision with the clerk of court; or by the delivery of a copy of the signed
decision to the clerk of court, who shall forthwith indicate the date of rendition and cause true
copies thereof to be served, personally or by registered mail, on the counsels or on the (ii) manifest, in the decision sought to be executed, that the defeat of the
parties if they are not represented by counsel. protestee or the victory of the protestant has been clearly established.

Section 5. Finality of decision. – The court’s promulgated decision shall become final and (b) If the court grants an execution pending appeal, an aggrieved party shall have
executory five (5) days after receipt of notice by the parties if no appeal is taken. twenty working days from notice of the special order within which to secure a
restraining order or status quo order from the Supreme Court or the COMELEC. The
Section 6. Entry of judgment. – If no appeal is filed within the time provided in these Rules, corresponding writ of execution shall issue after twenty (20) days if no restraining
the judgment shall be entered by the clerk in the book of entries of judgments. The date of order or status quo order is issued. During the twenty (20)-day period, the issuance
finality of the judgment shall be the date of its entry. The record shall contain the dispositive of a writ of execution pending appeal shall be stayed.
part of the judgment and shall be signed by the clerk, with a certificate that the judgment has
become final and executory. Section 12. Jurisdiction of the Commission on Elections in certiorari cases. – The COMELEC
has the authority to issue the extraordinary writs of certiorari, prohibition and mandamus only
Section 7. Notice of final decision. – As soon as the decision becomes final, the clerk of court in aid of its appellate jurisdiction over decisions of the courts in election cases involving
shall send notices to the COMELEC, the Department of the Interior and Local Government, elective municipal officials.
and the Commission on Audit.
Section 13. Preferential disposition of election contests. – The courts shall give preference to
Section 8. Appeal. – An aggrieved party may appeal the decision to the COMELEC within election contests over all other cases, except petitions for habeas corpus and for the writs of
five (5) days after promulgation, by filing a notice of appeal with the court that rendered the amparo and habeas data.
decision, with copy served on the adverse counsel or on the adverse party who is not
represented by counsel. RULE 15
COSTS, DAMAGES AND ATTORNEY’S FEES
Section 9. Appeal fee. – The appellant in an election contest shall pay to the court that
rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously Section 1. Costs; when allowed. – Costs shall be allowed to the prevailing party as a matter
with the filing of the notice of appeal. of course. The court shall have the power, for special reasons, to apportion the costs, as may
be equitable. The court may render judgment for costs if a protest, a counter-protest or a
Section 10. Immediate transmittal of records of the case. – The clerk of court shall, within petition for quo warranto is dismissed. When a protest, a counter-protest or a petition for quo
fifteen (15) days from the filing of the notice of appeal, transmit to the Electoral Contests warranto is found to be frivolous, double or treble costs may be imposed on the protestant,
Adjudication Department, COMELEC, the complete records of the case, together with all the the counter-protestant or the petitioner.
evidence, including the original and three copies of the transcript of stenographic notes of the
proceedings. Section 2. Damages and attorney’s fees. – In all election contests, the court may adjudicate
damages and attorney’s fees as it may deem just and as established by the evidence, if the
Section 11. Execution pending appeal. – On motion of the prevailing party with notice to the aggrieved party has included these claims in the pleadings.
adverse party, the court, at its discretion and while still in possession of the original records,
may order the execution of its decision before the expiration of the period to appeal, subject
to the following rules:

(a) Execution pending appeal shall not issue except upon motion and hearing with
prior notice of the motion of at least three (3) days to the adverse party. The motion
for execution pending appeal must be supported by good reasons cited and stated by
the court in a special order. These reasons must:

(i) constitute superior circumstances demanding urgency that would outweigh

the injury or damage, should the losing party secure a reversal of the
judgment on appeal; and
RULE 16 RULE 17
ELECTRONIC EVIDENCE AUTHENTICATION OF ELECTRONIC DOCUMENTS AND DATA

Section 1. Original of an electronic document or data. – An electronic document or data shall Section 1. Burden of proving authenticity. – The person seeking to introduce an electronic
be regarded as the equivalent of an original document under the Best Evidence Rule if it is a document in an election protest has the burden of proving its authenticity in the manner
printout or an output readable by sight or other means and shown to reflect the data provided in this Rule.
accurately.
Section 2. Manner of authentication. – Before any electronic document or data offered as
Section 2. Copies as equivalent of the originals. – When a document is in two or more copies authentic is received in evidence, its authenticity must be proved by any of the following
executed at or about the same time with identical contents, or is a counterpart produced by means:
the same impression as the original, or from the same matrix, or by mechanical or electronic
re-recording, or by chemical reproduction, or by other equivalent techniques that accurately a) By evidence that it has been digitally signed by the person purported to have
reproduce the original, such copies or duplicates shall be regarded as the equivalent of the signed it. "Digitally signed" refers to an electronic document or electronic data
original. message bearing a digital signature verified by the public key listed in a certificate.

Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same b) By evidence that other appropriate security procedures or devices for
extent as the original if: authentication of electronic documents authorized by the Supreme Court or by law for
the authentication of electronic documents were applied to the document; or
a) a genuine question is raised as to the authenticity of the original; or
c) By other evidence showing its integrity and reliability to the satisfaction of the
b) under the circumstances, it would be unjust or inequitable to admit the copy in lieu judge.
of the original.
Section 3. The Rules on Electronic Evidence. – The Rules on Electronic Evidence shall
Section 3. Affidavit as evidence. – All matters relating to the admissibility and evidentiary apply to evidentiary aspects of pleadings, practice and procedure in election contests not
weight of an electronic document may be established by an affidavit stating facts of direct otherwise specifically provided for in these Rules.
personal knowledge of the affiant or based on authentic records. The affidavit must
affirmatively show the competence of the affiant to testify on the matters contained therein. RULE 18
The affiant shall be made to affirm the contents of the affidavit in open session and may be FINAL PROVISIONS
cross-examined as a matter of right by the adverse party.
Section 1. Repealing clause. – For municipal election contests, these rules supersede A.M.
No. 07-4-15-SC (The Rules of Procedure In Election Contests Before The Courts Involving
Municipal and Barangay Officials) which became effective on May 15, 2007. All other rules,
resolutions, regulations or circulars of the Supreme Court or parts thereof that are
inconsistent with any provision of these Rules are hereby deemed repealed or modified
accordingly.

Section 2. Effectivity clause. These Rules shall take effect fifteen (15) days after their
publication in a newspaper of general circulation in the Philippines.