Republic of the Philippines HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL Electoral Tribunal Building Commonwealth Avenue, Quezon Cit THE

2011 RULES OF THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL The !ouse of Representatives Electoral Tribunal hereb adopts and promulgates the following Rules governing its proceedings as the sole "udge of all contests relating to the elections, returns and #ualifications of $ember of the !ouse of Representatives, pursuant to %ection &', Article () of the Constitution* TITLE AND CONSTRUCTION RULE 1. Title. + These Rules shall be ,nown and cited as the -.&& Rules of the !ouse of Representatives Electoral Tribunal, or !RET Rules* The word Tribunal whenever used alone or without #ualification in these Rules, shall refer to the !ouse of Representative Electoral Tribunal* RULE 2. Construction. + These Rules shall be liberall constructed in order to achieve a "ust, e/peditious and ine/pensive determination and disposition of ever contest brought before the Tribunal* THE TRIBUNAL RULE 3. Composition. 0 The Tribunal shall be composed of nine 123 $embers, three 143 of whom shall be 5ustices of the %upreme Court to be designated b the Chief 5ustice, and the remaining si/ 163 shall be $embers of the !ouse of Representatives who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the part 0list s stem represented therein* The %enior 5ustice in the Tribunal shall be its Chairperson* RULE 4. Organization. + 1a3 7pon the designation of the 5ustices of the %upreme Court and the election of the $embers of the !ouse of Representatives who are to compose the !ouse of Representatives Electoral Tribunal pursuant to %ections &' and &2 of Article () of the Constitution, the Tribunal shall meet for its organization and adoption of such resolutions as it ma deem proper* 1b3 8otwithstanding the provision of the immediatel preceding paragraph, pending the election of the $embers of the !ouse of Representatives who shall sit in the Tribunal, the tree 143 5ustices alread designated shall have the authorit to act on administrative and interlocutor matters sub"ect to confirmation b the Tribunal upon its organization*

1c3 The Tribunal ma constitute itself into three 143 divisions for the purpose of allocating and distributing its wor,load* Each division shall be composed of one 1&3 5ustice and two 1-3 $embers of the !ouse of Representatives* Each division shall act on such matters as ma be assigned to it b the Tribunal En Banc, including the appreciation of contested ballots, returns and election documents pertaining to the particular contested precincts assigned to it b raffle and the submission to the Tribunal En Banc of its findings and recommendations thereon within the time specified therefor* RULE 5. Meetings; Quorum; Executive Committee Actions on Matters in between Regular Meetings. + 1a3 The Tribunal shall meet on such da s and hours as it ma designate or at the call of the Chairperson or of a ma"orit of its $embers* The presence of at least one 1&3 5ustice and four 193 $embers of the Tribunal shall be necessar to constitute a #uorum* )n the absence of the Chairperson, the ne/t %enior 5ustice shall preside, and in the absence of both, the 5ustice present shall ta,e the Chair* 1b3 )n the absence of a #uorum and provided there is at least one 5ustice in attendance, the $embers present, who shall not be less than three 143, ma constitute themselves as an E/ecutive Committee to act on the agenda for the meeting concerned, provided, however, that its action shall be sub"ect to confirmation b the Tribunal at an subse#uent meeting where a #uorum is present* 1c3 )n between the regular meetings of the Tribunal, the Chairperson, or an three 143 of its $embers, provided at least one 1&3 of them is a 5ustice0$ember, who ma sit as the E/ecutive Committee, ma act on the following matters re#uiring immediate action b the Tribunal: &* An pleading or motion, 1a3 ;here dela in its resolution ma result in irreparable or substantial damage or in"ur to the rights of a part or cause dela in the proceedings or action concerned< 1b3 ;hich is urgent in character but does not substantiall affect the rights of the adverse part , such as one for e/tension of time to compl with an order=resolution of the Tribunal, or to file a pleading which is not a prohibited pleading and is within the discretion of the Tribunal to grant< and 1c3 ;here the Tribunal would re#uire a comment, repl , re"oinder or an other similar pleading from an of the parties or their attorne s< and -* Administrative matters which do not involve new applications or allocations of the appropriations of the Tribunal* !owever, an such action=resolution shall be included in the order of business of the immediatel succeeding meeting of the Tribunal for its confirmation*

RULE 6. Place o Meetings. + The Tribunal shall meet in the Conference Room of the Tribunal at its main office or at such other place in $etro $anila as it ma designate* ;hen in its "udgment the interest of "ustice so re#uires, it ma also hold sessions outside of $etro $anila* RULE 7. Exclusive Control o !unctions. + The Tribunal shall have e/clusive control, direction, and supervision of all matters pertaining to its own functions and operation* RULE 8. Express an" #mplie" Powers. 0 The Tribunal shall have and e/ercise all such powers as are vested in it b the Constitution or b law, and such other powers as ma be necessar or incidental to the accomplishment of its purposes and the effective e/ercise of its functions RULE 9. #n$erent Powers. + ;hen performing its functions, the Tribunal shall have inherent power to, inter alia: 1&3 Preserve and enforce order in its immediate presence< 1-3 Enforce order in proceedings before it or before an of its officials acting under its authorit < 143 Compel obedience to its "udgments, orders, resolutions and processes< 193 Compel the attendance of witnesses and the production of evidence in an case or proceeding before it< 1>3 Administer or cause to be administered oaths in an case or proceeding before it, and in all other cases where it ma be necessar in the e/ercise of its powers< 163 Control its processes and amend its resolutions or orders to ma,e them conform with law and "ustice< 1'3 Authorize a cop of a lost or destro ed pleading or other paper to be filed and used in lieu of the original, and restore and suppl deficiencies in its records and proceedings< and 1?3 Promulgate its own rules of procedure and amend or revise the same* RULE 10. T$e C$airperson; Powers an" %uties. + The Chairperson shall have the following powers and duties: 1&3 Act as the Chief E/ecutive @fficer of the Tribunal< 1-3 E/ercise administrative supervision over the Tribunal, including the @ffice of the %ecretar of the Tribunal and the administrative staff of the Tribunal<

143 )ssue calls for the sessions and meetings of the Tribunal and preside thereat, and preserve order and decorum during the same< and pass upon all #uestions of order sub"ect to such appeal as an member ma ta,e to the Tribunal< 193 Ta,e care that the orders, resolutions, and decisions of the Tribunal are enforced< 1>3 Appoint, dismiss or otherwise discipline the personnel of the Tribunal in accordance with Civil %ervice laws and regulations* The confidential emplo ees of ever $ember shall serve at the pleasure of such $ember and in no case be ond the tenure of such $ember< and 163 Perform such other functions and acts as ma be necessar or appropriate to ensure the independence and efficienc of the Tribunal* RULE 11. A"ministrative &ta . + The Tribunal shall have a %ecretar and a Aeput %ecretar * 7nless the Tribunal otherwise provides, the administrative staff of the Tribunal shall function in eight 1?3 services, namel : 1&3 Begal %ervice< 1-3 Canvass Board %ervice< 143 )nformation % stem and 5udicial Records $anagement %ervice< 193 !uman Resource $anagement %ervice< 1>3 Ceneral %ervice< 163 Dinance and Budget %ervice< 1'3 Accounting %ervice< and 1?3 Cash $anagement %ervice* RULE 12. %uties o t$e &ecretar' o t$e Tribunal; t$e %eput' &ecretar' o t$e Tribunal. + The %ecretar of the Tribunal shall have the following duties: 1&3 Receive all pleadings and other documents properl presented, indicating on each such document the date and time when it was filed, and furnishing each $ember of the Tribunal a cop thereof< 1-3 Eeep a "udicial doc,et wherein shall be entered in chronological order the contests and cases brought before the Tribunal, and the proceedings had therein< 143 Prepare the calendar of contests and cases<

193 Attend the sessions or meetings of the Tribunal and, whenever necessar , of its divisions, and ,eep the minutes thereof which shall contain a clear and succinct account of all business transacted< 1>3 Certif under his signature and the seal of the Tribunal all notices, orders, resolutions and decisions of the Tribunal< 163 )mplement the orders, resolutions, decisions and processes issued b the Tribunal< 1'3 Eeep a "udgment boo, containing a cop of each decision and final order or resolution rendered b the Tribunal in the order of its dates, and a Boo, of Entries of 5udgments containing in chronological order entries of the dispositive portions of all decisions and final orders or resolutions of the Tribunal< 1?3 Eeep an account of the funds received and disbursed relative to the cases< 123 %ub"ect to the authorit of the Tribunal and the Chairperson, oversee the performance of the line and support 1ad"udicator and administrative3 functions of the various divisions of the administrative staff< 1&.3 Eeep and secure all ballot bo/es, election documents, records, papers, files, e/hibits, the office seal and other public propert belonging to or officiall brought to the Tribunal< 1&&3 Perform such other duties as are prescribed b law for cler,s of superior courts< and 1&-3 Eeep such other boo,s and perform such other duties as the Tribunal or the Chairperson ma direct* The Aeput %ecretar of the Tribunal shall assist the %ecretar of the Tribunal< act as %ecretar of the Tribunal in the absence of the latter< and perform such other duties and functions as ma be assigned b the Tribunal, the Chairperson, or the %ecretar of the Tribunal* RULE 13. T$e &eal. + The seal of the Tribunal shall be circular in shape and shall contain in the upper part the words F!ouse of Representatives Electoral Tribunal,F in the center, the coat of arms of the Republic of the Philippines< and at the base, the words FRepublic of the Philippines*F The seal of the Tribunal shall be affi/ed to all decisions, orders, rulings or resolutions of the Tribunal, certified copies of official records, and such other documents which the Tribunal ma re#uire to be sealed* ELECTION CONTESTS RULE 14. (uris"iction. + The Tribunal is the sole "udge of all contests relating to the election, returns, and #ualifications of the $embers of the !ouse of Representatives*

RULE 15. )ow #nitiate". * An election contest is initiate" b' t$e iling o a veri ie" petition o protest or a veri ie" petition or +uo warranto against a Member o t$e )ouse o Representatives. An election protest s$all not inclu"e a petition or +uo warranto. ,eit$er s$all a petition or +uo warranto inclu"e an election protest. RULE 16. Election Protest. * A verified petition contesting the election or returns of an $ember of the !ouse of Representatives shall be filed b an candidate who has dul filed a certificate of candidac and has been voted for the same office, within fifteen 1&>3 da s after the proclamation of the winner* The part filing the protest shall be designated as the protestant while the adverse part shall be ,nown as the protestee* 8o "oint election protest shall be admitted, but the Tribunal, for good and sufficient reasons, ma consolidate individual protests and hear and decide them "ointl * Thus, where there are two or more protests involving the same protestee and common principal causes of action, the subse#uent protests shall be consolidated with the earlier case to avoid unnecessar costs or dela * )n case of ob"ection to the consolidation, the Tribunal shall resolve the same* An order resolving a motion for or ob"ection to the consolidation shall be unappealable* The protest is verified b an affidavit that the affiant has read it and that the allegations therein are true and correct of his ,nowledge and belief or based on verifiable information or authentic records* A verification based on Finformation and belief,F or upon F,nowledge, information and belief,F is not a sufficient verification* An unverified election protest shall not suspend the running of the reglementar period to file the protest* An election protest shall state: &* The date of proclamation of the winner and the number of votes obtained b the parties per proclamation< -* The total number of contested individual and clustered precincts per municipalit or cit < 4* The individual and clustered precinct numbers and location of the contested precincts< and 9* The specific acts or omissions complained of constituting the electoral frauds, anomalies or irregularities in the contested precincts* RULE 17. Quo -arranto. + A verified petition for #uo warranto contesting the election of a $ember of the !ouse of Representatives on the ground of ineligibilit or of dislo alt to the Republic of the Philippines shall be filed b an registered voter of the district concerned within fifteen 1&>3 da s from the date of the proclamation of the winner* The part filing the petition shall be designated as the petitioner while the adverse part shall be ,nown as the respondent*

The provisions of the preceding paragraph to the contrar notwithstanding, a petition for #uo warranto ma be filed b an registered voter of the district concerned against a member of the !ouse of Representatives, on the ground of citizenship, at an time during his tenure* The rule on verification and consolidation provided in %ection &6 hereof shall appl to petitions for #uo warranto* + RULE 18. %amages. + Aamages ma be granted in election protests or #uo warranto proceedings in accordance with law* RULE 19. Perio"s ,on.Exten"ible. + The period for the filing of the appropriate petition, as prescribed in Rules &6 and &', is "urisdictional and cannot be e/tended* RULE 20. !iling wit$ t$e Tribunal. + Petitions for election protests and #uo warranto shall be filed either personall with the @ffice of the %ecretar of the Tribunal or b registered mail addressed to the %ecretar of the Tribunal, together with fifteen 1&>3 clearl legible copies thereof* )f filed personall , the %ecretar of the Tribunal shall inscribe on the petition the date and hour of filing* )f filed b registered mail, the date of the mailing of the petition, as shown b the post office stamp on the envelope or the registr receipt, shall be considered as the date of its filing with the Tribunal* The envelope shall be attached to the record of the case* RULE 21. &ummar' %ismissal o Election Contest. + An election protest or petition for #uo warranto ma be summaril dismissed b the Tribunal without the necessit of re#uiring the protestee or respondent to answer if, inter alia: 1&3 The petition is insufficient in form and substance< 1-3 The petition is filed be ond the periods provided in Rules &6 and &' of these Rules< 143 The filing fee is not paid within the periods provided for filing the protest or petition for #uo warranto< 193 )n case of a protest where a cash deposit is re#uired, the cash deposit, or the first P&>., ...*.. thereof, is not paid within ten 1&.3 da s after the filing of the protest< and 1>3 The petition or copies thereof and the anne/es thereto filed with the Tribunal are not clearl legible* Dor this purpose, the %ecretar of the Tribunal shall, upon receipt of the petition, prepare a report and calendar the same for appropriate action b the Tribunal or the E/ecutive Committee* This rule shall, pro tanto, appl to counter0protests* ANSWER AND COUNTER-PROTEST

RULE 22. &ummons. + )f the petition is not summaril dismissed in accordance with Rule -& of these Rules, the %ecretar of the Tribunal shall issue the corresponding summons to the protestee or respondent, as the case ma be, together with a cop of the petition, re#uiring him to file an answer within ten 1&.3 da s from receipt thereof* The summons shall be served b handing copies of the summons and of the election protest or the #uo warranto petition to the protestee or the respondent in person or, in case of the protesteeGs or respondentGs refusal to receive or sign proof of receipt of these copies, b tendering them to him or her* %ervice of summons in this manner is complete upon such tender* )n cases filed involving legislative districts outside of $etro $anila, summons ma be served through registered mail* %ervice b registered mail is complete upon actual receipt b the protestee or the respondent, or after five 1>3 da s from the date he received the first notice from the postmaster, whichever date is earlier* %ervice b registered mail shall be made b depositing copies of the summons and of the election protest or the #uo warranto petition, in a sealed envelope, plainl addressed to the protestee or the respondent at his residence on record, with postage full pre0paid, and with instructions to the postmaster to return the mail to the Tribunal after ten 1&.3 da s if undelivered* RULE 23. Answer. + The answer must be verified and ma set forth special and affirmative defenses and a counterclaim* The protestee ma incorporate in his answer a counter0protest* The answer shall be filed in fifteen 1&>3 clearl legible copies with proof of service of a cop upon the protestant or petitioner within ten 1&.3 da s from receipt of the summons and a cop of the petition* )f filed in a separate pleading, a counter0protest must be verified and filed in fifteen 1&>3 clearl legible copies with proof of service of a cop upon the protestant within ten 1&.3 da s from receipt of the summons and a cop of the protest* RULE 24. Answer to Counterclaim or Counter.Protest. + Answer to counterclaim or counter0 protest must be verified and filed in fifteen 1&>3 clearl legible copies within ten 1&.3 da s from receipt of the counterclaim or counter0protest* RULE 25. Motion to %ismiss; Motion or /ill o Particulars; %emurrer to Evi"ence. + 8o motion to dismiss, motion for a bill of particulars or demurrer to evidence shall be entertained* Crounds for a motion to dismiss shall be pleaded as affirmative defenses in the appropriate responsive pleadings allowed under Rules -4 and -9* The Tribunal ma in its discretion hold a preliminar hearing on an of the grounds so pleaded* RULE 26. Extensions o Time. + 8o motion for e/tension of an of the periods fi/ed in Rules --, -4 and -9 will be entertained* RULE 27. !ailure to Answer; E ect. + )f no answer to the protest, counter0protest, or the petition for #uo warranto is filed within the period fi/ed in these Rules, a general denial shall be deemed to have been entered*

RULE 28. Amen"ments; 0imitations. + After the e/piration of the period for the filing of the protest, counter0protest or petition for #uo warranto, substantial amendments which broaden the scope of the action or introduce an additional cause or caused of action shall not be allowed* An amendment in matters of form ma be allowed at an stage of the proceedings* ;hen the Tribunal admits an amended petition, it ma re#uire the other part to answer the same within a non0e/tendible period of ten 1&.3 da s from service of a cop of the amended petition and of the resolution admitting the same* RULE 29. Ot$er Plea"ings; )ow !ile". + E/cept for the initiator petitions of protest or for #uo warranto which the Tribunal itself serves on the adverse part , all other pleadings shall be filed with the @ffice of the %ecretar of the Tribunal in fifteen 1&>3 clearl legible copies and must be accompanied with proof of service upon the adverse part or parties* ;henever practicable, the service and filing of pleadings, motions and other papers shall be done personall * A resort to other modes must be accompanied b a written e/planation wh personal service is not practicable* All pleadings, motions and other papers filed with the Tribunal in connection with electoral cases pending before other tribunals, courts or agencies shall li,ewise be accompanied b proof of service upon the adverse part or parties in the said electoral cases* 8o action shall be ta,en on pleadings that fail to compl with the foregoing re#uirements* RULE 30. Proo o &ervice. + Proof of personal service shall consist of a written admission of the part served, or the affidavit of the part serving, containing a full statement of the date, place and manner of service* )f the service is made b registered mail, proof shall be established through such affidavit and the registr receipt issued b the mailing office* The registr return card or, in lieu thereof, the unclaimed letter together with the certified or sworn cop of the notice given b the postmaster to the addressee, shall be filed with the Tribunal b the sender immediatel upon receipt of either* RULE 31. !iling !ees. + 8o protest, counter0protest or petition for #uo warranto shall be deemed filed without the pa ment to the Tribunal of the filing fee on the amount of ten thousand pesos 1P&., ...*..3* )f a claim for damages or attorne Gs fees is set forth in a protest, counter0protest or petition for #uo warranto, an additional filing fee shall be paid, which shall be, if the sum claimed is: 8ot more than P-., ...*..HHHHHHHHHHHHHHHHHHHHHHH $ore than P-., ...*.. but less than P9., ...*..HHHHHHHHHHHHH P9., ...*.. or more but less than P6., ...*..HHHHHHHHHHHHHH* P6., ...*.. or more but less than P?., P>..*.. P'..*.. P2..*.. P&,

...*..HHHHHHHHHHHHHH* P?., ...*.. or more but less than P&.., ...*..HHHHHHHHHHHHHH P&.., ...*.. or more but less than P&>., ...*..HHHHHHHHHHHHH Dor each P&, ...*.. in e/cess of P&>., ...*..HHHHHHHHHHHHHH**

&..*.. P&, 4..*.. P&, >..*.. P>.*..

;here the protest, counter0protest or petition for #uo warranto is filed b registered mail, it must be accompanied b a postal mone order in the amount of the corresponding filing fees* The re#uired fees must be full paid within the period prescribed in Rules &6 1Election Protest3, &' 1Quo ;arranto3, -4 1Answer3 and -9 1Answer to Counterclaim or Counter0Protest3 of this Rule* RULE 32. Cas$ %eposit. + )n addition to the fees prescribed in the preceding Rule, each protestant, counter0protestant or petitioner in #uo warranto shall ma,e a cash deposit with the Tribunal in the following amounts: 1&3 )n a petition for #uo warranto, ten thousand pesos 1P&., ...*..3 to be paid within ten 1&.3 da s after the filing of the petition* 1-3 )f the protest or counter0protest does not re#uire the bringing to the Tribunal of the ballot bo/es, copies of election returns as well as other election documents and paraphernalia from the district concerned, ten thousand pesos 1P&., ...*..3 to be paid within ten 1&.3 da s after the filing of the protest or counter0protest< 143 )f the protest or counter0protest re#uires the bringing of ballot bo/es, copies of election returns and other election documents and paraphernalia, three thousand pesos 1P4, ...*..3 for each clustered precinct involved therein* )f, as thus computed, the amount of the deposit does not e/ceed one hundred fift thousand pesos 1P&>., ...*..3, the same shall be paid in full with the Tribunal within ten 1&.3 da s after the filing of the protest or counter0protest< 193 )f the re#uired deposit e/ceeds one hundred fift thousand pesos 1P&>., ...*..3, a partial cash deposit of at least one hundred fift thousand pesos 1P&>., ...*..3, shall be made ten 1&.3 da s after the filing of the protest or counter0protest* The balance shall be paid in such installments as ma be re#uired b the Tribunal on at least five 1>3 da s advance notice to the part re#uired to ma,e a cash deposit* The cash deposit shall be applied b the Tribunal to the pa ment of all e/penses incidental to the disposition of the case, including, in the case of protest, the bringing of the ballot bo/es, copies of election returns as well as other election documents and paraphernalia to the Tribunal, and returning them to their original official custodians after the case is terminated, and to the compensation of the Revisors, when circumstances so demand, the Tribunal ma re#uire

additional cash deposits* An unused cash deposit shall be returned to the part or parties who paid the same after complete termination of the protest, counter0protest or petition for #uo warranto* RULE 33. E ect o !ailure to Ma1e Cas$ %eposit. + )f a part fails to ma,e the cash deposits or additional deposits herein provided within prescribed time limit, the Tribunal ma dismiss the protest, counter0protest, or petition for #uo warranto, or ta,e such action as it ma deem e#uitable under the circumstances* RULE 34. 0egal !ees. + The following legal fees shall be charged and collected: 1&3 Dor furnishing certified transcripts of records or copies of an record, decision, resolution or entr of which an person is entitled to demand and receive a cop , for each page HHHHHHHHHHHH Ten Pesos 1P&.*..3< 1-3 Dor furnishing certified transcripts of notes ta,en b stenographers to ever person re#uesting the same, for each page of not less than two hundred and fift words, for each page seven pesos and fift centavos 1P'*>.3 provided, however, that one0third 1&=43 of the total charges shall go to the Tribunal and the remaining two0thirds 1-=43 to the stenographer concerned< 143 Dor ever search for an thing above a earGs standing and reading the same HHHHHHHHHHHHHHHHHHHHHHHHHDift Pesos 1P>.*..3< and 193 Dor ever certificate not in process HHHHHHHHHHHHHHHHH** Dift Pesos 1P>.*..3* PRODUCTION OF ELECTION DOCU ENTS AND REVISION OF BALLOTS RULE 35. -$en /allot /oxes2 Election Returns an" Ot$er Election %ocuments /roug$t be ore t$e Tribunal. ;here the allegations in a protest or counter0protest so warrant, or whenever in its opinion the interest of "ustice so demands, the Tribunal shall immediatel order the ballot bo/es containing the ballots and their ,e s, copies of election returns, list of voters with the voting records, and other documents or paraphernalia used in the election to be brought before the Tribunal* Certified copies of the %tatement of (otes b the Board of Canvassers in all the municipalities of the district or of the cit concerned shall also be obtained* 7pon the receipt thereof, the shall be ,ept and held secure in the offices of the Tribunal in the care and custod of the Canvass Board %ervice under the supervision of the %ecretar of the Tribunal and under the authorit of the Chairperson* ;here an of the ballot bo/es, ballots, election returns, election documents or paraphernalia mentioned in the immediatel preceding paragraph are also involved in election contests before the Presidential Electoral Tribunal, %enate Electoral Tribunal, the Commission on Elections or the regular courts in appropriate cases, ever effort shall be e/erted to s nchronize their

e/amination and revision of ballots thereof in the other Tribunals, the Commission on Elections or the regular courts, as the case ma be* The e/penses necessar and incidental to the bringing of the ballot bo/es, copies of election returns and other election documents or paraphernalia before the Tribunal, and returning them after the termination of the case, as well as the revision and paid from his cash deposit* RULE 36. Revision o /allots + Revision of the ballots shall be conducted in accordance with the Cuidelines on the Revision of Ballots promulgated on 5anuar &2, -.&& which are hereb reproduced as Anne/ FA*F PILOT PRECINCTS RULE 37. Post*Revision %etermination o t$e Merit or 0egitimac' o Protest Prior to Revision o Counter.Protest; Pilot Precincts; #nitial Revision. + An provision of these Rules to the contrar notwithstanding, as soon as the issues in an contest before the Tribunal have been "oined, the Protestant, in case the protest involves more than >.I of the total number of precincts in the district, shall be re#uired to the state and designate in writing within a fi/ed period at most twent five 1->I3 percent of the total number of precincts involved in the protest which said part deems as best e/emplif ing or demonstrating the electoral irregularities or fraud pleaded b him< and the revision of the ballots or the e/amination, verification or re0tabulation of election returns and=or reception of evidence shall begin with such pilot precincts designated* @therwise, the revision of ballots or the e/amination, verification of re0tabulation of election returns and=or reception of evidence shall begin with all the protested precincts* The revision of ballots or the e/amination, verification of re0tabulation of election returns in the counter0protested precincts shall not be commenced until the Tribunal shall have determined through appreciation of ballots or election documents and=or reception of evidence, which reception shall not e/ceed ten 1&.3 da s, the merit or legitimac of the protest, relative to the pilot protested precincts* Based on the results of such post +revision determination, the Tribunal ma dismiss the protest without further proceedings, if and when no reasonable recover was established from the pilot protested precincts, or proceed with the revision of the ballots or the e/amination, verification or re0 tabulation of election returns in the remaining contested precincts* TECHNICAL E!A INATION RULE 38. Motion or Tec$nical Examination; Contents. + ;ithin five 1>3 da s after completion of revision, either part ma move for technical e/amination, specif ing: 1&3 The nature of the technical e/amination re#uested 1fingerprint e/amination, etc*3< 1-3 The documents to be sub"ected to technical e/amination< 143 The ob"ections made in the course of the revision of ballots which the movant intends to substantiate with the results of the technical e/amination< and 193 The ballots coverd b such ob"ections*

RULE 39. Tec$nical Examination; Time 0imits. + The motion for technical e/amination ma be granted b the Tribunal in its discretion and under such conditions it ma impose* )f granted the movant shall schedule the technical e/amination, to start within ten 1&.3 calendar da s from the time he was notified of the resolution or order granting his motion, notif ing the other part and the %ecretar of the Tribunal at least five 1>3 da s in advance thereof* The technical e/amination shall be completed within the period allowed b the Tribunal, but in no case to e/ceed twent 1-.3 wor,ing da s unless an e/tension is grated pursuant to Rule 9&* The other part ma attend the technical e/amination, either personall or through a representative, but the technical e/amination shall proceed with or without his attendance, provided due notice has been given him* ;here more than one part would re#uest for technical e/aminations, the e/aminations shall, as far as practicable, be conducted simultaneousl * The technical e/amination shall be conducted at the e/pense of the movant, in the offices of the Tribunal as such other place as the Tribunal ma designate and under the supervision of the %ecretar of the Tribunal of his dul authorized representative* RULE 40. Experts; -$o &$all Provi"e. 0 E/perts necessar for the conduct of a technical e/amination shall be provided b the part re#uesting the same* The other part ma , however, also avail of the assistance of his own e/pert who ma observe, but not interfere with, the e/amination conducted b the movantJs e/perts* At its discretion, the Tribunal ma appoint an independent e/pert and in such case the partiesJ e/perts ma observe, but not interfere with, the formerJs e/amination* RULE 41. Tec$nical Examination ,ot #nterrupte". 0 @nce started, the technical e/amination shall continue ever wor,ing da until completed or until e/piration of the period granted for such purpose* RULE 42. Extension o Perio" or Tec$nical Examination; -$en 3rante". 0 An e/tension of the period for conducting technical e/amination shall not be granted b the tribunal e/cept upon a clear showing that the part conducting the e/amination has diligentl utilized the period originall granted him for that purpose, but for compelling reasons not imputable to him, could not finish the technical e/amination within the period originall granted* RULE 43. &cope o Tec$nical Examination. 0 @nl election documents allowed b the Tribunal to be e/amined shall be sub"ected to such e/amination* SUBPOENAS RULE 44. -$o Ma' #ssue. 0 %ubpoena ad testificandum or duces tecum ma be issued b the tribunal motu propio, or upon re#uest of an of the parties* RULE 45. !orm an" Contents. 0 A subpoena shall be signed b the %ecretar or Aeput %ecretar of the Tribunal* )t shall state the name of the Tribunal, the doc,et number and title of

the action and shall be directed to the person whose attendance is re#uired* )n the case of a subpoena duces tecum, it shall also contain a particular description of the boo,s, documents or ob"ects demanded* RULE 46. Aut$orit' o )earing Commissioners to #ssue &ubpoena; Parties to !ile Proper Motion. 0 !earing Commissioners are authorized b the Tribunal to issue subpoenas in cases assigned to them for reception of evidence* The part see,ing issuance of a subpoena ad testificandum or duces tecum shall file the proper motion before the hearing Commissioner at least five 1>3 wor,ing da s before the hearing in which the witness or document sought will be presented* Dailure of the part to file the proper motion within said period shall be considered a waiver of his right to compel attendance of the witness or the production of the documents concerned* RECEPTION OF EVIDENCE RULE 47. Preliminar' Con erence. 0 1a3 After the issues have been "oined, the Tribunal shall order the parties to submit their respective preliminar conference briefs and shall summon them and their counsel to a preliminar conference, at which the following shall be considered: 1&3 The simplification of issues< 1-3 The possibilit of obtaining stipulations or admission of facts and of documents to avoid unnecessar proof< 143 The limitation of the number of witnesses< 193 The nature of the testimonies of the witnesses and whether the relate to evidence aliunde the ballots, or otherwise< 1>3 The withdrawal of some contested or counter0protested precincts 1especiall those where, inter alia, the ballots are unavailable due to the e/istence of protests concerning other positions involving the same ballots or are missing and cannot be located or destro ed due to natural disasters or calamities3< 163 The fi/ing of the dates for the reception of evidence, including the matter of reception to be done simultaneousl with the revision of the ballots if the evidence is intended to prove such causes of action or defenses or issues which are unrelated to the ballots or election documents< and 1'3 %uch other matters as ma aid in the prompt disposition of the protest, counter0protest or cross0contest, 1b3 The preliminar conference brief shall contain the following: 1&3 The pilot precincts which the protestant ma designate pursuant to Rule 4'<

1-3 A summar of admitted facts and proposed stipulation of facts< 143 The issues to be tried or resolved< 193 The documents or e/hibits to be presented, stating the purpose thereof< and 1>3 The number and names of witnesses and the substance of their respective testimonies, and indicating therein whether their testimonies shall be ta,en b depositions or otherwise* 1c3 The presentation of witnesses in e/cess of that declared b a part shall be deemed waived unless meritorious reasons shown in a proper motion, the Tribunal shall allow their presentation* 1d3 The Tribunal ma dismiss the protest or counter0protest or #uo warranto petition, as the case ma be, for failure of the protestant or counter0protestant or petitioner to submit a preliminar conference brief and=or to appear at the preliminar conference* )f the protestee or the respondent fails to submit a preliminar conference brief and=or appear at the preliminar conference, the Tribunal shall proceed with the conference on the basis of the preliminar conference briefs filed* 1e3 Dollowing the conclusion of the preliminar conference, the Tribunal shall issue a Preliminar Conference @rder of what transpired during the preliminar conference* ;ithin three 143 da s from receipt of a cop of the preliminar conference order, the parties ma file their respective comments thereon* RULE 48* !earings< !earing Commissioner< Qualifications* 0 The Tribunal ma delegate the hearing of cases or the reception of evidence to a !earing Commissioner* An $ember of the Tribunal or an of its law ers ma be designated as !earing Commissioner* RULE 49. Reception o Evi"ence b' )earing Commissioner. 0 Reception of evidence b a !earing Commissioner shall be done at the offices of the Tribunal, unless the Tribunal, for good cause, directs the reception of evidence in some other place* )n case of consolidated cases, the reception of evidence shall be delegated to the !earing Commissioner and Aeput !earing Commissioner to whom the earlier case was assigned* )f at the preliminar conference the parties agree on the presentation of witnesses to testif on matters or issues aliunde, the reception of testimonial evidence shall be done simultaneousl with the revision of the ballots at a date fi/ed for the purpose b the !earing Commissioner* Presentation of evidence on all other matters or issues arising from the revision of ballots and=or technical e/amination of #uestioned documents shall be made 1a3 after the completion of the revision of all, or substantiall all, of the ballots or election documents, or 1b3 when so allowed

b the Tribunal motu proprio or upon motion of a part , after the completion of the technical e/amination of the #uestioned documents, if an * RULE 50. Proce"ure o )earings. + Reception of evidence ma proceed e/ parte, even in the absence of the other parties, provided the have been dul notified of the hearing* )n such a case, the absent part shall be deemed to have waived his right to be present and to cross0e/amine a witness whose testimon on direct or redirect e/amination has been concluded* )f a part scheduled to present evidence fails to appear at a date, time and place appointed, the !earing Commissioner ma ad"ourn to the proceedings to the following da , giving notice of such ad"ournment to the absent part or his counsel* The dela shall be charged against the period allowed the absent part for the presentation of his evidence* 7nless the !earing Commissioner or the Tribunal directs otherwise, the order of hearing shall be as follows: 1&3 The proetsstant pr petitioner shall adduce evidence in support of his protest or petition for #uo warranto< 1-3 The protestee or the respondent shall then adduce evidence to support his defenses, counterclaim or counter0protest< 143 The protestant or petitioner, sub"ect to the approval of the Tribunal, ma then present rebuttal evidence< and 193 8o sur0rebuttal eveidence shall be allowed* To prevent surprise and to e/pedite the proceedings, the part presenting evidence shall inform the other parties of the evidence to be presented and provide a reasonable description thereof at least three 143 da s before the scheduled hearing* At least three da s 143 da s before the scheduled date of hearing, a part shall also submit to the Tribunal a list of documentar and testimonial evidence to be presented* !e shall also indicate therein the documents which are alread in the custod of the Tribunal* The affidavits of the witnesses shall be considered as their direct testimon * These affidavits shall be considered to the Tribunal and copies served on the other parties a t least three 143 da s before the scheduled hearing* Dailure of the part to submit the affidavit of the witness within the specified time will constitute a waiver of his right to present said testimonial evidence* RULE 51. )earing Commissioner to Rule on Ob4ections. + The ruling of the !earing Commissioner on ob"ections made in the course of the direct or cross0e/amination shall be sub"ect to review b the Tribunal* An e/ception to a ruling of the !earing Commissioner shall not suspend the reception of evidence*

RULE 52. Time 0imit or Presentation o Evi"ence. + Each part is given a period of twent 1-.3 successive wor,ing da s to complete the presentation of his evidence, including the formal offer thereof* This period shall begin to run from the first date set for the presentation of the part Gs evidence, either before the Tribunal or before a !earing Commissioner, and shall continue ever wor,ing da thereafter until completed* 7pon motion based on meritorious grounds, the Tribunal ma grant a ten0wor,ing0da e/tension of the period herein fi/ed* The hearing for an particular da or da s ma be postponed or cancelled on meritorious grounds upon the re#uest of the part presenting evidence, provided, however, that the dela caused thereb shall be charged against said part Gs period for presenting evidence* The following shall not be charged against the period allotted to either part : 1&3 The period when presentation of the part Gs evidence is suspended b order of the Tribunal or the !earing Commissioner because of the pendenc of a pre"udicial #uestion which should first be resolved before the hearing can continue* 1-3 The time ta,en up in the cross0e/amination of his or her witnesses b the other part * A part ma present rebuttal evidence, if allowed b the Tribunal, during the remainder of the twent 0da 0period or the e/tension thereof, if an , that he has not utilized for the presentation of his evidence.in0chief* RULE 53. Proce"ure a ter )earing b' )earing Commissioner. + ;ithin five 1>3 da s or such period as ma be fi/ed b the Tribunal, the !earing Commissioner shall submit the evidence presented, together with the transcript of the proceedings held before him, to the Tribunal* RULE 54. Evi"ence not !ormall' Presente". + Evidence neither formall presented nor formall offered shall not be considered b the Tribunal in deciding the case e/cept the revision reports, being official records of Tribunal proceedings* RULE 55. %isputable Presumptions. + The following are disputable presumptions: 1a3 @n the election procedure: 1&3 The election of candidates was held on the date and time set and in the polling place determined b the Commission on Elections 1Comelec3< 1-3 The Board of Election )nspectors 1BE)3 was dul constituted and organized< 143 Political parties an d candidates were dul represented b pollwatchers< 193 Pollwatchers were able to perform their functions< and 1>3 The minutes of voting and counting of votes contains all the incidents that transpired before the BE)s*

1b3 @n election paraphernalia: 1&3 Ballots and election returns that bear the securit mar,ins and features prescribed b the Comelec are genuine< 1-3 The data and information supplied b the members of the BE)s in the accountable forms are true and correct< and 143 The allocation, pac,ing and distribution of election documents or paraphernalia were properl and timel done* 1c3 @n appreciation of ballots 1&3 A ballot with appropriate securit mar,ings is valid< 1-3 The ballot reflects the intent of the voter< 143 A voter personall of oneGs right to vote was voluntar and free* RULE 56. Evi"ence b' %eposition; -$en Allowe". + ;ith leave of the Tribunal, an part ma ta,e the deposition of his witness in lieu of presenting them before the Tribunal or a !earing Commissioner* The period used b a part for ta,ing depositions shall be charged against the twent 1-.30da 0 period or e/tended period allotted to him to present evidence* RULE 57. -$en Commence"; Contents o ,otice. + The ta,ing of the deposition shall commence within ten 1&.3 da s after leave therefore is granted* 8o deposition shall be ta,en unless notice thereof has been given to the other part at least five 1>3 da s in advance of the ta,ing of such deposition* %uch notice shall state the venue, which must be a public office< the time of the ta,ing of the deposition< the officer before whom the deposition shall be ta,en< and the names and addresses of the deponents* RULE 58. -$o Ma' Ta1e %epositions. + Aepositions ma be ta,en before an of the following officers who ma be designated b the corresponding E/ecutive 5udge upon the re#uest of the Tribunal: 1&3 An "udge of the Regional Trial Court< or 1-3 An "udge of the $etropolitan Trial Court< the $unicipal Trial Court in Cities< the $unicipal Trial Court< or the $unicipal Circuit Trial Court* The officer ta,ing the deposition shall not be related to an of the parties or counsel within the fourth civil degree b consanguinit or affinit * An ob"ection on such ground shall be made to the E/ecutive 5udge within 1-3 da s after notification of the designation*

RULE 59. Cross.Examination o -itnesses. + The opposing part shall have the right to attend the ta,ing of the deposition and cross0e/amine the witnesses presented* Dailure to do so shall be deemed a waiver of such right* @b"ections to #uestions as,ed during the ta,ing of depositions shall be ruled upon b the 5udge ta,ing the deposition, sub"ect to review b the Tribunal* RULE 60. &ubmission o %epositions. + The officer ta,ing the deposition shall, within 1&.3 da s thereafter, submit to the Tribunal the original and fourteen 1&93 copies of the deposition ta,en b him, together with the e/hibits presented in the course thereof, with proof of service upon the parties* RULE 61. Electronic Evi"ence. + Electronic documents or electronic data messages ma be used, offered and admitted in evidence in accordance with the provisions of the Rules of Court on electronic evidence* E ORANDA RULE 62. -$en &ubmitte"; Contents. + ;ithin ten 1&.3 da s from receipt of the TribunalGs ruling on the last offer of evidence b the protestee or respondent, the parties shall be submit their respective $emoranda simultaneousl , setting forth briefl : 1&3 The facts of the case< 1-3 A complete statement of all the arguments submitted in support of their respective views of the case< 143 @b"ection to the ballots ad"udicated to or complained b the other part in the revision of the ballots< and 193 Refutation of the ob"ections of the other part to the ballots ad"udicated or claimed b the latter in the revision of ballots* All evidence, as well as ob"ections to evidence presented b the other part , shall be referred to or contained either in the memorandum or in appendices thereto* RULE 63. &upplemental Repl' or Rebuttal Memoran"um. 0 8o supplemental repl or rebuttal memorandum shall be entertained* VOTIN" RULE 64. 5otes Re+uire". 0 )n resolving all #uestions submitted to the Tribunal, all the $embers present, including the Chairperson, shall vote* Dor the rendition of decisions and the adoption of formal resolutions, the concurrence of at least five 1>3 $embers shall be necessar *

RULE 65. Rulings in )earings be ore tribunal. 0 Auring hearings before the Tribunal, the Chairperson, on in his absence, the 5ustice presiding, shall decide all #uestions raised in connection with the e/amination of witnesses and the admission of evidence, and his rulings shall be deemed as a ruling b the Tribunal* )f a $ember should re#uest that a #uestion be previousl decided in consultation, the Chairperson, or the 5ustice presiding shall act onl after the matter has been voted upon* DECISIONS RULE 66. Proce"ure in %eci"ing Contests. 0 )n rendering its decisions, the Tribunal shall follow the procedure prescribed for the %upreme Court in %ection &4 and &9, Article ())) of the Constitution* RULE 67. Ren"ition o %ecisions. 0 The decisions of the Tribunal shall as far as practicable, be rendered within ninet 12.3 da s from the date the last $emorandum of the parties was filed where no appreciation of ballots in involved, or from the date such appreciation is completed* RULE 68. Promulgation an" ,otice o %ecisions. 0 After the decision, along with separate, concurring or dissenting opinions, if an , is signed, it shall be delivered for filing to the %ecretar of the Tribunal who shall forthwith indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counsel, personall or b registered mail* RULE 69. !inalit' an" Execution i %ecisions; Motion or Reopening or Reconsi"eration. 0 The decision shall become final and e/ecutor as against a part ten 1&.3 da s after his receipt of a cop thereof if no motion for reconsideration is filed* 8o motion shall be entertained for the reopening of a case e/cept for the reconsideration of a decision based on the evidence alread of record* A part ma file a motion for reconsideration within ten 1&.3 da s from his receipt of a cop of the decision, with proof of service thereof on the adverse part * A second motion for reconsideration shall not be entertained* 7nless re#uired b the Tribunal, the adverse part need not file an opposition to or comment on the motion for reconsideration* )f a motion for reconsideration is denied, the decision shall become final and e/ecutor as against a part after five 1>3 da s from service upon him of a cop of the resolution disposing of the motion for reconsideration* )f a motion for reconsideration is granted, the part adversel affected thereb ma move to reconsider it within ten 1&.3 da s from his receipt of a cop of the resolution granting the motion for reconsideration< otherwise, the decision as reconsidered shall become final and e/ecutor after the lapse of said period* RULE 70. Entr' o (u"gment. 0 The "udgment shall be entered or recorded b the %ecretar of the Tribunal after the decision shall have become final and e/ecutor , if neither of the parties is able to secure a restraining order or status #uo ante order from the %upreme Court within five 1>3

da s from receipt of the resolution=decision from the Tribunal disposing of the case or resolution den ing the motion for reconsideration* The date when the "udgment becomes final and e/ecutor shall be deemed as the date of its entr although the ph sical act of entering or recording the "udgment ma be done at later date* The record shall contain the dispositive part of the "udgment and shall be signed b the %ecretar of the Tribunal, with a certification that such "udgment has become final and e/ecutor * RULE 71. Proce"ure a ter !inalit' o %ecision; Executor' o %ecision; Publication o %ecisions. 0 As soon as a decision becomes final and e/ecutor , notice thereof shall be sent to the %pea,er of the !ouse of Representatives, the President of the Philippines and the Chairperson of the Commission on Audit* 7pon receipt of a cop of the decision, the spea,er of the !ouse of Representatives, through the %ecretar 0Ceneral, shall e/ecute the same, unless a Temporar Restraining @rder is issued b the %upreme Court* The original copies of the decisions of the Tribunal shall be ,ept in bound form in the archives of the Tribunal* Aecisions shall be published in the @fficial Cazette or in the reports officiall authorized b the Tribunal in the language in which the have been originall written together with the s llabi therefor* COSTS RULE 72. -$en Allowe". 0 Costs shall be allowed to the prevailing part as a matter of course, but the Tribunal shall have the power, for special reasons, to apportion the costs as ma be e#uitable* RULE 73. Costs -$en Action %ismisse". 0 )f a protest, counter0protest or a petition for #uo warranto is dismissed, the Tribunal ma still render "udgment for costs* RULE 74. Costs -$en Action !rivolous. 0 ;hen a protest, counter0protest or a petition for #uo warranto is found to be Drivolous, double or treble costs ma be imposed b the Tribunal on the protestant, counter0protestant or petitioner, as the case ma be* RULE 75. Attorne'6s !ees. 0 8o award of attorne Js fees shall be assessed against the adverse part , e/cept as provided in the Civil Code* SUPPLE ENTAR# RULES RULE 76. Applicabilit'. 0 The following shall be applicable b analog or in suppletor character provided, the are not inconsistent with these Rules or with the orders, resolutions and decisions of the Tribunal, namel : 1&3 The Rules of Court< 1-3 Aecisions of the %upreme Court< and 143 Aecisions of the Electoral Tribunals*

A END ENT RULE 77. Amen"ment. 0 The Tribunal ma , at an time, amend these Rules* An amendment adopted b the Tribunal shall be effective fifteen 1&>3 da s after its publication in the @fficial Cazette or in a newspaper of general circulation* EFFECTIVIT# RULE 78. E ectivit'. 0 These Rules shall ta,e effect fifteen 1&>3 da s from their publication in the @fficial Cazette or in a newspaper of general circulation* 7pon its ta,ing effect, an and all Rules of the Tribunal previousl adopted or promulgated are superseded and repealed, and these Rules shall remain operative until amended or substituted b the Tribunal* TRANSITOR# PROVISION RULE 79. Application to Pen"ing Cases. 0 These Rules shall appl to all pending actions e/cept when substantive rights are affected as ma be determined b the Tribunal* APPROVED$ F%&'()'* 10$ 2011 1%gd*3 CONCHITA CARPIO ORALES Associate 5ustice, %upreme Court Chairperson 1%gd*3ANTONIO EDUARDO B. NACHURA Associate 5ustice, %upreme Court $ember 1%gd*3FRAN+LIN P. BAUTISTA Representative -nd Aistrict, Aavao del %ur $ember 1%gd*3-OSELITO ANDREW R. ENDO,A Representative 4rd Aistrict, Bulacan $ember 1%gd*3 A. THERESA BONOANDAVID Representative 9th Aistrict, $anila $ember 1%gd*3ARTURO D. BRION Associate 5ustice, %upreme Court $ember 1%gd*3RUFUS B. RODRI"UE, Representative -nd Aistrict, Caga an de @ro Cit $ember 1%gd*3-USTIN ARC SB. CHIPECO Representative -nd Aistrict, Baguna $ember 1%gd*3RODOLFO B. ALBANO Representative &st Aistrict, )sabela $ember

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