The 2011 Rules of the House of Represetatives Electoral Tribunal

8/12/2019 The 2011 Rules of the House of Represetatives Electoral Tribunal

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www.lawphil.net/congress/house/ret_2011.html 2

provided at least one (1) of them is a Justice-Member, who may sit as the Executive Committee, may act onthe following matters requiring immediate action by the Tribunal:

1. Any pleading or motion,

(a) Where delay in its resolution may result in irreparable or substantial damage or injury to therights of a party or cause delay in the proceedings or action concerned;

(b) Which is urgent in character but does not substantially affect the rights of the adverseparty, such as one for extension of time to comply with an order/resolution of the Tribunal, or tofile a pleading which is not a prohibited pleading and is within the discretion of the Tribunal to

grant; and

(c) Where the Tribunal would require a comment, reply, rejoinder or any other similar pleadingfrom any of the parties or their attorneys; and

2. Administrative matters which do not involve new applications or allocations of the appropriations ofthe Tribunal.

However, any such action/resolution shall be included in the order of business of the immediatelysucceeding meeting of the Tribunal for its confirmation.

RULE 6.Place of Meetings. The Tribunal shall meet in the Conference Room of the Tribunal at its main office orat such other place in Metro Manila as it may designate. When in its judgment the interest of justice so requires, itmay also hold sessions outside of Metro Manila.

RULE 7.Exclusive Control of Functions. The Tribunal shall have exclusive control, direction, and supervision ofall matters pertaining to its own functions and operation.

RULE 8.Express and Implied Powers.- The Tribunal shall have and exercise all such powers as are vested in it bythe Constitution or by law, and such other powers as may be necessary or incidental to the accomplishment of itspurposes and the effective exercise of its functions

RULE 9.Inherent Powers. When performing its functions, the Tribunal shall have inherent power to, inter alia:

(1) Preserve and enforce order in its immediate presence;

(2) Enforce order in proceedings before it or before any of its officials acting under its authority;

(3) Compel obedience to its judgments, orders, resolutions and processes;

(4) Compel the attendance of witnesses and the production of evidence in any case or proceeding before it;

(5) Administer or cause to be administered oaths in any case or proceeding before it, and in all other caseswhere it may be necessary in the exercise of its powers;

(6) Control its processes and amend its resolutions or orders to make them conform with law and justice;

(7) Authorize a copy of a lost or destroyed pleading or other paper to be filed and used in lieu of theoriginal, and restore and supply deficiencies in its records and proceedings; and

(8) Promulgate its own rules of procedure and amend or revise the same.

RULE 10.The Chairperson; Powers and Duties. The Chairperson shall have the following powers and duties:

(1) Act as the Chief Executive Officer of the Tribunal;

(2) Exercise administrative supervision over the Tribunal, including the Office of the Secretary of theTribunal and the administrative staff of the Tribunal;

(3) Issue calls for the sessions and meetings of the Tribunal and preside thereat, and preserve order anddecorum during the same; and pass upon all questions of order subject to such appeal as any member maytake to the Tribunal;

(4) Take care that the orders, resolutions, and decisions of the Tribunal are enforced;

(5) Appoint, dismiss or otherwise discipline the personnel of the Tribunal in accordance with Civil Servicelaws and regulations. The confidential employees of every Member shall serve at the pleasure of suchMember and in no case beyond the tenure of such Member; and


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(6) Perform such other functions and acts as may be necessary or appropriate to ensure the independenceand efficiency of the Tribunal.

RULE 11.Administrative Staff. The Tribunal shall have a Secretary and a Deputy Secretary. Unless the Tribunalotherwise provides, the administrative staff of the Tribunal shall function in eight (8) services, namely:

(1) Legal Service;

(2) Canvass Board Service;

(3) Information System and Judicial Records Management Service;

(4) Human Resource Management Service;

(5) General Service;

(6) Finance and Budget Service;

(7) Accounting Service; and

(8) Cash Management Service.

RULE 12.Duties of the Secretary of the Tribunal; the Deputy Secretary of the Tribunal. The Secretary of theTribunal shall have the following duties:

(1) Receive all pleadings and other documents properly presented, indicating on each such document thedate and time when it was filed, and furnishing each Member of the Tribunal a copy thereof;

(2) Keep a judicial docket wherein shall be entered in chronological order the contests and cases broughtbefore the Tribunal, and the proceedings had therein;

(3) Prepare the calendar of contests and cases;

(4) Attend the sessions or meetings of the Tribunal and, whenever necessary, of its divisions, and keep theminutes thereof which shall contain a clear and succinct account of all business transacted;

(5) Certify under his signature and the seal of the Tribunal all notices, orders, resolutions and decisions ofthe Tribunal;

(6) Implement the orders, resolutions, decisions and processes issued by the Tribunal;

(7) Keep a judgment book containing a copy of each decision and final order or resolution rendered by theTribunal in the order of its dates, and a Book of Entries of Judgments containing in chronological orderentries of the dispositive portions of all decisions and final orders or resolutions of the Tribunal;

(8) Keep an account of the funds received and disbursed relative to the cases;

(9) Subject to the authority of the Tribunal and the Chairperson, oversee the performance of the line andsupport (adjudicatory and administrative) functions of the various divisions of the administrative staff;

(10) Keep and secure all ballot boxes, election documents, records, papers, files, exhibits, the office sealand other public property belonging to or officially brought to the Tribunal;

(11) Perform such other duties as are prescribed by law for clerks of superior courts; and

(12) Keep such other books and perform such other duties as the Tribunal or the Chairperson may direct.

The Deputy Secretary of the Tribunal shall assist the Secretary of the Tribunal; act as Secretary of the Tribunal inthe absence of the latter; and perform such other duties and functions as may be assigned by the Tribunal, theChairperson, or the Secretary of the Tribunal.

RULE 13.The Seal. The seal of the Tribunal shall be circular in shape and shall contain in the upper part thewords "House of Representatives Electoral Tribunal," in the center, the coat of arms of the Republic of thePhilippines; and at the base, the words "Republic of the Philippines."

The seal of the Tribunal shall be affixed to all decisions, orders, rulings or resolutions of the Tribunal, certifiedcopies of official records, and such other documents which the Tribunal may require to be sealed.

ELECTION CONTESTS


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RULE 14. Jurisdiction. The Tribunal is the sole judge of all contests relating to the election, returns, andqualifications of the Members of the House of Representatives.

RULE 15.How Initiated. An election contest is initiated by the filing of a verified petition of protest or a verifiedpetition for quo warranto against a Member of the House of Representatives. An election protest shall not includea petition for quo warranto. Neither shall a petition for quo warranto include an election protest.

RULE 16.Election Protest. Averified petition contesting the election or returns of any Member of the House ofRepresentatives shall be filed by any candidate who has duly filed a certificate of candidacy and has been votedfor the same office, within fifteen (15) days after the proclamation of the winner. The party filing the protest shall

be designated as the protestant while the adverse party shall be known as the protestee.

No joint election protest shall be admitted, but the Tribunal, for good and sufficient reasons, may consolidateindividual protests and hear and decide them jointly. Thus, where there are two or more protests involving thesame protestee and common principal causes of action, the subsequent protests shall be consolidated with theearlier case to avoid unnecessary costs or delay. In case of objection to the consolidation, the Tribunal shallresolve the same. An order resolving a motion for or objection to the consolidation shall be unappealable.

The protest is verified by an affidavit that the affiant has read it and that the allegations therein are true andcorrect of his knowledge and belief or based on verifiable information or authentic records. A verification based on"information and belief," or upon "knowledge, information and belief," is not a sufficient verification.

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

An election protest shall state:

1. The date of proclamation of the winner and the number of votes obtained by the parties per proclamation;

2. The total number of contested individual and clustered precincts per municipality or city;

3. The individual and clustered precinct numbers and location of the contested precincts; and

4. The specific acts or omissions complained of constituting the electoral frauds, anomalies or irregularitiesin the contested precincts.

RULE 17.Quo Warranto. A verified petition for quo warranto contesting the election of a Member of the Houseof Representatives on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall be filed byany registered voter of the district concerned within fifteen (15) days from the date of the proclamation of the

winner. The party filing the petition shall be designated as the petitioner while the adverse party shall be known asthe respondent.

The provisions of the preceding paragraph to the contrary notwithstanding, a petition for quo warranto may befiled by any registered voter of the district concerned against a member of the House of Representatives, on theground of citizenship, at any time during his tenure.

The rule on verification and consolidation provided in Section 16 hereof shall apply to petitions for quo warranto.

RULE 18.Damages. Damages may be granted in election protests or quo warranto proceedings in accordancewith law.

RULE 19.Periods Non-Extendible. The period for the filing of the appropriate petition, as prescribed in Rules 16and 17, is jurisdictional and cannot be extended.

RULE 20.Filing with the Tribunal. Petitions for election protests and quo warranto shall be filed either personallywith the Office of the Secretary of the Tribunal or by registered mail addressed to the Secretary of the Tribunal,together with fifteen (15) clearly legible copies thereof. If filed personally, the Secretary of the Tribunal shallinscribe on the petition the date and hour of filing. If filed by registered mail, the date of the mailing of the petition,as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of itsfiling with the Tribunal. The envelope shall be attached to the record of the case.

RULE 21.Summary Dismissal of Election Contest. An election protest or petition for quo warranto may besummarily dismissed by the Tribunal without the necessity of requiring the protestee or respondent to answer if,inter alia:

(1) The petition is insufficient in form and substance;

2 The etition is filed be ond the eriods rovided in Rules 16 and 17 of these Rules


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(3) The filing fee is not paid within the periods provided for filing the protest or petition for quo warranto;

(4) In case of a protest where a cash deposit is required, the cash deposit, or the first P150, 000.00 thereof,is not paid within ten (10) days after the filing of the protest; and

(5) The petition or copies thereof and the annexes thereto filed with the Tribunal are not clearly legible.

For this purpose, the Secretary of the Tribunal shall, upon receipt of the petition, prepare a report and calendarthe same for appropriate action by the Tribunal or the Executive Committee.

This rule shall, pro tanto, apply to counter-protests.

ANSWER AND COUNTER-PROTEST

RULE 22.Summons. If the petition is not summarily dismissed in accordance with Rule 21 of these Rules, theSecretary of the Tribunal shall issue the corresponding summons to the protestee or respondent, as the case maybe, together with a copy of the petition, requiring him to file an answer within ten (10) days from receipt thereof.

The summons shall be served by handing copies of the summons and of the election protest or the quo warrantopetition to the protestee or the respondent in person or, in case of the protestees or respondents refusal toreceive or sign proof of receipt of these copies, by tendering them to him or her. Service of summons in this

manner is complete upon such tender.

In cases filed involving legislative districts outside of Metro Manila, summons may be served through registered

mail. Service by registered mail is complete upon actual receipt by the protestee or the respondent, or after five(5) days from the date he received the first notice from the postmaster, whichever date is earlier.

Service by registered mail shall be made by depositing copies of the summons and of the election protest or thequo warranto petition, in a sealed envelope, plainly addressed to the protestee or the respondent at his residenceon record, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the Tribunalafter ten (10) days if undelivered.

RULE 23.Answer. The answer must be verified and may set forth special and affirmative defenses and acounterclaim. The protestee may incorporate in his answer a counter-protest. The answer shall be filed in fifteen(15) clearly legible copies with proof of service of a copy upon the protestant or petitioner within ten (10) days fromreceipt of the summons and a copy of the petition.

If filed in a separate pleading, a counter-protest must be verified and filed in fifteen (15) clearly legible copies with

proof of service of a copy upon the protestant within ten (10) days from receipt of the summons and a copy of theprotest.

RULE 24.Answer to Counterclaim or Counter-Protest. Answer to counterclaim or counter-protest must beverified and filed in fifteen (15) clearly legible copies within ten (10) days from receipt of the counterclaim orcounter-protest.

RULE 25.Motion to Dismiss; Motion for Bill of Particulars; Demurrer to Evidence. No motion to dismiss, motionfor a bill of particulars or demurrer to evidence shall be entertained. Grounds for a motion to dismiss shall bepleaded as affirmative defenses in the appropriate responsive pleadings allowed under Rules 23 and 24. TheTribunal may in its discretion hold a preliminary hearing on any of the grounds so pleaded.

RULE 26.Extensions of Time. No motion for extension of any of the periods fixed in Rules 22, 23 and 24 will beentertained.

RULE 27.Failure to Answer; Effect. If no answer to the protest, counter-protest, or the petition for quo warrantois filed within the period fixed in these Rules, a general denial shall be deemed to have been entered.

RULE 28.Amendments; Limitations. After the expiration of the period for the filing of the protest, counter-protestor petition for quo warranto, substantial amendments which broaden the scope of the action or introduce anadditional cause or caused of action shall not be allowed. Any amendment in matters of form may be allowed atany stage of the proceedings.

When the Tribunal admits an amended petition, it may require the other party to answer the same within a non-extendible period of ten (10) days from service of a copy of the amended petition and of the resolution admittingthe same.

RULE 29.Other Pleadings; How Filed. Except for the initiatory petitions of protest or for quo warranto which the

Tribunal itself serves on the adverse art all other leadin s shall be filed with the Office of the Secretar of the


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,Tribunal in fifteen (15) clearly legible copies and must be accompanied with proof of service upon the adverseparty or parties. Whenever practicable, the service and filing of pleadings, motions and other papers shall be donepersonally. A resort to other modes must be accompanied by a written explanation why personal service is notpracticable.

All pleadings, motions and other papers filed with the Tribunal in connection with electoral cases pending beforeother tribunals, courts or agencies shall likewise be accompanied by proof of service upon the adverse party orparties in the said electoral cases.

No action shall be taken on pleadings that fail to comply with the foregoing requirements.

RULE 30.Proof of Service. Proof of personal service shall consist of a written admission of the party served, orthe affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service

is made by registered mail, proof shall be established through such affidavit and the registry receipt issued by themailing office. The registry return card or, in lieu thereof, the unclaimed letter together with the certified or sworncopy of the notice given by the postmaster to the addressee, shall be filed with the Tribunal by the senderimmediately upon receipt of either.

RULE 31.Filing Fees. No protest, counter-protest or petition for quo warranto shall be deemed filed without thepayment to the Tribunal of the filing fee on the amount of ten thousand pesos (P10, 000.00).

If a claim for damages or attorneys fees is set forth in a protest, counter-protest or petition for quo warranto, anadditional filing fee shall be paid, which shall be, if the sum claimed is:

Not more than P20, 000.00 P500.00More than P20, 000.00 but less than P40, 000.00 P700.00

P40, 000.00 or more but less than P60, 000.00. P900.00

P60, 000.00 or more but less than P80, 000.00. P1, 100.00

P80, 000.00 or more but less than P100, 000.00 P1, 300.00

P100, 000.00 or more but less than P150, 000.00 P1, 500.00

For each P1, 000.00 in excess of P150, 000.00.. P50.00

Where the protest, counter-protest or petition for quo warranto is filed by registered mail, it must be accompanied

by a postal money order in the amount of the corresponding filing fees.

The required fees must be fully paid within the period prescribed in Rules 16 (Election Protest), 17 (QuoWarranto), 23 (Answer) and 24 (Answer to Counterclaim or Counter-Protest) of this Rule.

RULE 32.Cash Deposit. In addition to the fees prescribed in the preceding Rule, each protestant, counter-protestant or petitioner in quo warranto shall make a cash deposit with the Tribunal in the following amounts:

(1) In a petition for quo warranto, ten thousand pesos (P10, 000.00) to be paid within ten (10) days after thefiling of the petition.

(2) If the protest or counter-protest does not require the bringing to the Tribunal of the ballot boxes, copiesof election returns as well as other election documents and paraphernalia from the district concerned, tenthousand pesos (P10, 000.00) to be paid within ten (10) days after the filing of the protest or counter-protest;

(3) If the protest or counter-protest requires the bringing of ballot boxes, copies of election returns andother election documents and paraphernalia, three thousand pesos (P3, 000.00) for each clustered precinctinvolved therein. If, as thus computed, the amount of the deposit does not exceed one hundred fiftythousand pesos (P150, 000.00), the same shall be paid in full with the Tribunal within ten (10) days after thefiling of the protest or counter-protest;

(4) If the required deposit exceeds one hundred fifty thousand pesos (P150, 000.00), a partial cash depositof at least one hundred fifty thousand pesos (P150, 000.00), shall be made ten (10) days after the filing ofthe protest or counter-protest. The balance shall be paid in such installments as may be required by theTribunal on at least five (5) days advance notice to the party required to make a cash deposit.

The cash deposit shall be applied by the Tribunal to the payment of all expenses incidental to the disposition ofthe case, including, in the case of protest, the bringing of the ballot boxes, copies of election returns as well as


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o er e e c on ocumen s an parap erna a o e r una , an re urn ng em o e r or g n a o c a cus o ansafter the case is terminated, and to the compensation of the Revisors, when circumstances so demand, theTribunal may require additional cash deposits. Any unused cash deposit shall be returned to the party or partieswho paid the same after complete termination of the protest, counter-protest or petition for quo warranto.

RULE 33.Effect of Failure to Make Cash Deposit. If a party fails to make the cash deposits or additionaldeposits herein provided within prescribed time limit, the Tribunal may dismiss the protest, counter-protest, orpetition for quo warranto, or take such action as it may deem equitable under the circumstances.

RULE 34.Legal Fees. The following legal fees shall be charged and collected:

(1) For furnishing certified transcripts of records or copies of any record, decision, resolution or entry of

which any person is entitled to demand and receive a copy, for each page TenPesos (P10.00);

(2) For furnishing certified transcripts of notes taken by stenographers to every person requesting thesame, for each page of not less than two hundred and fifty words, for each page seven pesos and fiftycentavos (P7.50) provided, however, that one-third (1/3) of the total charges shall go to the Tribunal andthe remaining two-thirds (2/3) to the stenographer concerned;

(3) For every search for anything above a years standing and reading the sameFifty Pesos (P50.00); and

(4) For every certificate not in process .. Fifty Pesos (P50.00).

PRODUCTION OF ELECTION DOCUMENTS

AND REVISION OF BALLOTS

RULE 35. When Ballot Boxes, Election Returns and Other Election Documents Brought before the Tribunal.Where the allegations in a protest or counter-protest so warrant, or whenever in its opinion the interest of justiceso demands, the Tribunal shall immediately order the ballot boxes containing the ballots and their keys, copies ofelection returns, list of voters with the voting records, and other documents or paraphernalia used in the electionto be brought before the Tribunal. Certified copies of the Statement of Votes by the Board of Canvassers in all themunicipalities of the district or of the city concerned shall also be obtained. Upon the receipt thereof, they shall bekept and held secure in the offices of the Tribunal in the care and custody of the Canvass Board Service underthe supervision of the Secretary of the Tribunal and under the authority of the Chairperson.

Where any of the ballot boxes, ballots, election returns, election documents or paraphernalia mentioned in theimmediately preceding paragraph are also involved in election contests before the Presidential Electoral Tribunal,Senate Electoral Tribunal, the Commission on Elections or the regular courts in appropriate cases, every effort

shall be exerted to synchronize their examination and revision of ballots thereof in the other Tribunals, theCommission on Elections or the regular courts, as the case may be.

The expenses necessary and incidental to the bringing of the ballot boxes, copies of election returns and otherelection documents or paraphernalia before the Tribunal, and returning them after the termination of the case, aswell as the revision and paid from his cash deposit.

RULE 36.Revision of Ballots Revision of the ballots shall be conducted in accordance with the Guidelines on theRevision of Ballots promulgated on January 19, 2011 which are hereby reproduced as Annex "A."

PILOT PRECINCTS

RULE 37.PostRevision Determination of the Merit or Legitimacy of Protest Prior to Revision of Counter-Protest;Pilot Precincts; Initial Revision. Any provision of these Rules to the contrary notwithstanding, as soon as the

issues in any contest before the Tribunal have been joined, the Protestant, in case the protest involves more than50% of the total number of precincts in the district, shall be required to the state and designate in writing within afixed period at most twenty five (25%) percent of the total number of precincts involved in the protest which saidparty deems as best exemplifying or demonstrating the electoral irregularities or fraud pleaded by him; and therevision of the ballots or the examination, verification or re-tabulation of election returns and/or reception ofevidence shall begin with such pilot precincts designated. Otherwise, the revision of ballots or the examination,verification of re-tabulation of election returns and/or reception of evidence shall begin with all the protestedprecincts. The revision of ballots or the examination, verification of re-tabulation of election returns in the counter-protested 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 exceed ten (10) days, themerit or legitimacy of the protest, relative to the pilot protested precincts. Based on the results of such post revision determination, the Tribunal may dismiss the protest without further proceedings, if and when noreasonable recovery was established from the pilot protested precincts, or proceed with the revision of the ballots

or the examination verification or re-tabulation of election returns in the remainin contested recincts.


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TECHNICAL EXAMINATION

RULE 38.Motion for Technical Examination; Contents. Within five (5) days after completion of revision, eitherparty may move for technical examination, specifying:

(1) The nature of the technical examination requested (fingerprint examination, etc.);

(2) The documents to be subjected to technical examination;

(3) 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

(4) The ballots coverd by such objections.

RULE 39.Technical Examination; Time Limits. The motion for technical examination may be granted by theTribunal in its discretion and under such conditions it may impose. If granted the movant shall schedule thetechnical examination, to start within ten (10) calendar days from the time he was notified of the resolution or ordergranting his motion, notifying the other party and the Secretary of the Tribunal at least five (5) days in advancethereof. The technical examination shall be completed within the period allowed by the Tribunal, but in no case toexceed twenty (20) working days unless an extension is grated pursuant to Rule 41. The other party may attendthe technical examination, either personally or through a representative, but the technical examination shallproceed with or without his attendance, provided due notice has been given him.

Where more than one party would request for technical examinations, the examinations shall, as far as practicable,

be conducted simultaneously.

The technical examination shall be conducted at the expense of the movant, in the offices of the Tribunal as suchother place as the Tribunal may designate and under the supervision of the Secretary of the Tribunal of his dulyauthorized representative.

RULE 40.Experts; Who Shall Provide. - Experts necessary for the conduct of a technical examination shall beprovided by the party requesting the same. The other party may, however, also avail of the assistance of his ownexpert who may observe, but not interfere with, the examination conducted by the movant's experts.

At its discretion, the Tribunal may appoint an independent expert and in such case the parties' experts mayobserve, but not interfere with, the former's examination.

RULE 41.Technical Examination Not Interrupted. - Once started, the technical examination shall continue everyworking day until completed or until expiration of the period granted for such purpose.

RULE 42. Extension of Period for Technical Examination; When Granted. - An extension of the period forconducting technical examination shall not be granted by the tribunal except upon a clear showing that the partyconducting the examination has diligently utilized the period originally granted him for that purpose, but forcompelling reasons not imputable to him, could not finish the technical examination within the period originallygranted.

RULE 43.Scope of Technical Examination. - Only election documents allowed by the Tribunal to be examinedshall be subjected to such examination.

SUBPOENAS

RULE 44.Who May Issue. - Subpoena ad testificandum or duces tecum may be issued by the tribunal motupropio, or upon request of any of the parties.

RULE 45.Form and Contents.- A subpoena shall be signed by the Secretary or Deputy Secretary of the Tribunal.It shall state the name of the Tribunal, the docket number and title of the action and shall be directed to the personwhose attendance is required. In the case of a subpoena duces tecum, it shall also contain a particular descriptionof the books, documents or objects demanded.

RULE 46.Authority of Hearing Commissioners to Issue Subpoena; Parties to File Proper Motion. - HearingCommissioners are authorized by the Tribunal to issue subpoenas in cases assigned to them for reception ofevidence.

The party seeking issuance of a subpoena ad testificandum or duces tecum shall file the proper motion before thehearing Commissioner at least five (5) working days before the hearing in which the witness or document soughtwill be presented. Failure of the party to file the proper motion within said period shall be considered a waiver ofhis right to compel attendance of the witness or the production of the documents concerned.


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RECEPTION OF EVIDENCE

RULE 47.Preliminary Conference.- (a) After the issues have been joined, the Tribunal shall order the parties tosubmit their respective preliminary conference briefs and shall summon them and their counsel to a preliminaryconference, at which the following shall be considered:

(1) The simplification of issues;

(2) The possibility of obtaining stipulations or admission of facts and of documents to avoidunnecessary proof;

(3) The limitation of the number of witnesses;

(4) The nature of the testimonies of the witnesses and whether they relate to evidence aliunde theballots, or otherwise;

(5) The withdrawal of some contested or counter-protested precincts (especially those where, interalia, the ballots are unavailable due to the existence of protests concerning other positions involvingthe same ballots or are missing and cannot be located or destroyed due to natural disasters orcalamities);

(6) The fixing of the dates for the reception of evidence, including the matter of reception to be donesimultaneously with the revision of the ballots if the evidence is intended to prove such causes ofaction or defenses or issues which are unrelated to the ballots or election documents; and

(7) Such other matters as may aid in the prompt disposition of the protest, counter-protest or cross-contest,

(b) The preliminary conference brief shall contain the following:

(1) The pilot precincts which the protestant may designate pursuant to Rule 37;

(2) A summary of admitted facts and proposed stipulation of facts;

(3) The issues to be tried or resolved;

(4) The documents or exhibits to be presented, stating the purpose thereof; and

(5) The number and names of witnesses and the substance of their respective testimonies, andindicating therein whether their testimonies shall be taken by depositions or otherwise.

(c) The presentation of witnesses in excess of that declared by a party shall be deemed waived unlessmeritorious reasons shown in a proper motion, the Tribunal shall allow their presentation.

(d) The Tribunal may dismiss the protest or counter-protest or quo warranto petition, as the case may be,

for failure of the protestant or counter-protestant or petitioner to submit a preliminary conference briefand/or to appear at the preliminary conference. If the protestee or the respondent fails to submit apreliminary conference brief and/or appear at the preliminary conference, the Tribunal shall proceed withthe conference on the basis of the preliminary conference briefs filed.

(e) Following the conclusion of the preliminary conference, the Tribunal shall issue a PreliminaryConference Order of what transpired during the preliminary conference. Within three (3) days from receiptof a copy of the preliminary conference order, the parties may file their respective comments thereon.

RULE 48. Hearings; Hearing Commissioner; Qualifications. - The Tribunal may delegate the hearing of cases orthe reception of evidence to a Hearing Commissioner.

Any Member of the Tribunal or any of its lawyers may be designated as Hearing Commissioner.

RULE 49.Reception of Evidence by Hearing Commissioner.- Reception of evidence by a Hearing Commissionershall be done at the offices of the Tribunal, unless the Tribunal, for good cause, directs the reception of evidencein some other place.

In case of consolidated cases, the reception of evidence shall be delegated to the Hearing Commissioner andDeputy Hearing Commissioner to whom the earlier case was assigned.

If at the preliminary conference the parties agree on the presentation of witnesses to testify on matters or issuesaliunde, the reception of testimonial evidence shall be done simultaneously with the revision of the ballots at a


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a e xe or e purpose y e ear ng omm ss oner.

Presentation of evidence on all other matters or issues arising from the revision of ballots and/or technicalexamination of questioned documents shall be made (a) after the completion of the revision of all, or substantiallyall, of the ballots or election documents, or (b) when so allowed by the Tribunal motu proprio or upon motion of aparty, after the completion of the technical examination of the questioned documents, if any.

RULE 50.Procedure of Hearings. Reception of evidence may proceed ex parte, even in the absence of theother parties, provided they have been duly notified of the hearing. In such a case, the absent party shall bedeemed to have waived his right to be present and to cross-examine a witness whose testimony on direct orredirect examination has been concluded.

If a party scheduled to present evidence fails to appear at a date, time and place appointed, the HearingCommissioner may adjourn to the proceedings to the following day, giving notice of such adjournment to theabsent party or his counsel. The delay shall be charged against the period allowed the absent party for thepresentation of his evidence.

Unless the Hearing Commissioner or the Tribunal directs otherwise, the order of hearing shall be as follows:

(1) The proetsstant pr petitioner shall adduce evidence in support of his protest or petition for quo warranto;

(2) The protestee or the respondent shall then adduce evidence to support his defenses, counterclaim orcounter-protest;

(3) The protestant or petitioner, subject to the approval of the Tribunal, may then present rebuttal evidence;and

(4) No sur-rebuttal eveidence shall be allowed.

To prevent surprise and to expedite the proceedings, the party presenting evidence shall inform the other partiesof the evidence to be presented and provide a reasonable description thereof at least three (3) days before thescheduled hearing.

At least three days (3) days before the scheduled date of hearing, a party shall also submit to the Tribunal a list ofdocumentary and testimonial evidence to be presented. He shall also indicate therein the documents which arealready in the custody of the Tribunal.

The affidavits of the witnesses shall be considered as their direct testimony. These affidavits shall be consideredto the Tribunal and copies served on the other parties a t least three (3) days before the scheduled hearing.Failure of the party 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.Hearing Commissioner to Rule on Objections. The ruling of the Hearing Commissioner on objectionsmade in the course of the direct or cross-examination shall be subject to review by the Tribunal.

An exception to a ruling of the Hearing Commissioner shall not suspend the reception of evidence.

RULE 52.Time Limit for Presentation of Evidence. Each party is given a period of twenty (20) successiveworking days to complete the presentation of his evidence, including the formal offer thereof. This period shallbegin to run from the first date set for the presentation of the partys evidence, either before the Tribunal or beforea Hearing Commissioner, and shall continue every working day thereafter until completed. Upon motion based onmeritorious grounds, the Tribunal may grant a ten-working-day extension of the period herein fixed.

The hearing for any particular day or days may be postponed or cancelled on meritorious grounds upon therequest of the party presenting evidence, provided, however, that the delay caused thereby shall be charged

against said partys period for presenting evidence.

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

(1) The period when presentation of the partys evidence is suspended by order of the Tribunal or theHearing Commissioner because of the pendency of a prejudicial question which should first be resolvedbefore the hearing can continue.

(2) The time taken up in the cross-examination of his or her witnesses by the other party.

A party may present rebuttal evidence, if allowed by the Tribunal, during the remainder of the twenty-day-period orthe extension thereof, if any, that he has not utilized for the presentation of his evidence0in-chief.

RULE 53.Procedure after Hearing by Hearing Commissioner. Within five (5) days or such period as may be


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, ,of the proceedings held before him, to the Tribunal.

RULE 54.Evidence not Formally Presented. Evidence neither formally presented nor formally offered shall notbe considered by the Tribunal in deciding the case except the revision reports, being official records of Tribunalproceedings.

RULE 55.Disputable Presumptions. The following are disputable presumptions:

(a) On the election procedure:

(1) The election of candidates was held on the date and time set and in the polling place determined

by the Commission on Elections (Comelec);

(2) The Board of Election Inspectors (BEI) was duly constituted and organized;

(3) Political parties an d candidates were duly represented by pollwatchers;

(4) Pollwatchers were able to perform their functions; and

(5) The minutes of voting and counting of votes contains all the incidents that transpired before theBEIs.

(b) On election paraphernalia:

(1) Ballots and election returns that bear the security markins and features prescribed by the

Comelec are genuine;

(2) The data and information supplied by the members of the BEIs in the accountable forms are trueand correct; and

(3) The allocation, packing and distribution of election documents or paraphernalia were properly andtimely done.

(c) On appreciation of ballots

(1) A ballot with appropriate security markings is valid;

(2) The ballot reflects the intent of the voter;

(3) A voter personally of ones right to vote was voluntary and free.

RULE 56.Evidence by Deposition; When Allowed. With leave of the Tribunal, any party may take the depositionof his witness in lieu of presenting them before the Tribunal or a Hearing Commissioner.

The period used by a party for taking depositions shall be charged against the twenty (20)-day-period or extendedperiod allotted to him to present evidence.

RULE 57.When Commenced; Contents of Notice. The taking of the deposition shall commence within ten (10)days after leave therefore is granted. No deposition shall be taken unless notice thereof has been given to theother party at least five (5) days in advance of the taking of such deposition. Such notice shall state the venue,which must be a public office; the time of the taking of the deposition; the officer before whom the deposition shallbe taken; and the names and addresses of the deponents.

RULE 58.Who May Take Depositions. Depositions may be taken before any of the following officers who may

be designated by the corresponding Executive Judge upon the request of the Tribunal:

(1) Any judge of the Regional Trial Court; or

(2) Any judge of the Metropolitan Trial Court; the Municipal Trial Court in Cities; the Municipal Trial Court; orthe Municipal Circuit Trial Court.

The officer taking the deposition shall not be related to any of the parties or counsel within the fourth civil degreeby consanguinity or affinity. An objection on such ground shall be made to the Executive Judge within (2) daysafter notification of the designation.

RULE 59.Cross-Examination of Witnesses. The opposing party shall have the right to attend the taking of thedeposition and cross-examine the witnesses presented. Failure to do so shall be deemed a waiver of such right.

Objections to questions asked during the taking of depositions shall be ruled upon by the Judge taking the


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deposition, subject to review by the Tribunal.

RULE 60.Submission of Depositions. The officer taking the deposition shall, within (10) days thereafter, submitto the Tribunal the original and fourteen (14) copies of the deposition taken by him, together with the exhibitspresented in the course thereof, with proof of service upon the parties.

RULE 61.Electronic Evidence. Electronic documents or electronic data messages may be used, offered andadmitted in evidence in accordance with the provisions of the Rules of Court on electronic evidence.

MEMORANDA

RULE 62.When Submitted; Contents. Within ten (10) days from receipt of the Tribunals ruling on the last offerof evidence by the protestee or respondent, the parties shall be submit their respective Memorandasimultaneously, setting forth briefly:

(1) The facts of the case;

(2) A complete statement of all the arguments submitted in support of their respective views of the case;

(3) Objection to the ballots adjudicated to or complained by the other party in the revision of the ballots; and

(4) Refutation of the objections of the other party to the ballots adjudicated or claimed by the latter in therevision of ballots.

All evidence, as well as objections to evidence presented by the other party, shall be referred to or contained

either in the memorandum or in appendices thereto.

RULE 63.Supplemental Reply or Rebuttal Memorandum.- No supplemental reply or rebuttal memorandum shallbe entertained.

VOTING

RULE 64.Votes Required.- In resolving all questions submitted to the Tribunal, all the Members present, includingthe Chairperson, shall vote. For the rendition of decisions and the adoption of formal resolutions, the concurrenceof at least five (5) Members shall be necessary.

RULE 65.Rulings in Hearings before tribunal.- During hearings before the Tribunal, the Chairperson, on in hisabsence, the Justice presiding, shall decide all questions raised in connection with the examination of witnessesand the admission of evidence, and his rulings shall be deemed as a ruling by the Tribunal. If a Member should

request that a question be previously decided in consultation, the Chairperson, or the Justice presiding shall actonly after the matter has been voted upon.

DECISIONS

RULE 66.Procedure in Deciding Contests. - In rendering its decisions, the Tribunal shall follow the procedureprescribed for the Supreme Court in Section 13 and 14, Article VIII of the Constitution.

RULE 67.Rendition of Decisions. - The decisions of the Tribunal shall as far as practicable, be rendered withinninety (90) days from the date the last Memorandum of the parties was filed where no appreciation of ballots ininvolved, or from the date such appreciation is completed.

RULE 68.Promulgation and Notice of Decisions.- After the decision, along with separate, concurring or dissentingopinions, if any, is signed, it shall be delivered for filing to the Secretary 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,personally or by registered mail.

RULE 69.Finality and Execution if Decisions; Motion for Reopening or Reconsideration. - The decision shallbecome final and executory as against a party ten (10) days after his receipt of a copy thereof if no motion forreconsideration is filed.

No motion shall be entertained for the reopening of a case except for the reconsideration of a decision based onthe evidence already of record.

A party may file a motion for reconsideration within ten (10) days from his receipt of a copy of the decision, withproof of service thereof on the adverse party. A second motion for reconsideration shall not be entertained.

Unless required by the Tribunal, the adverse party need not file an opposition to or comment on the motion forreconsideration.


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If a motion for reconsideration is denied, the decision shall become final and executory as against a party after five(5) days from service upon him of a copy of the resolution disposing of the motion for reconsideration. If a motionfor reconsideration is granted, the party adversely affected thereby may move to reconsider it within ten (10) daysfrom his receipt of a copy of the resolution granting the motion for reconsideration; otherwise, the decision asreconsidered shall become final and executory after the lapse of said period.

RULE 70.Entry of Judgment.- The judgment shall be entered or recorded by the Secretary of the Tribunal after

the decision shall have become final and executory, if neither of the parties is able to secure a restraining order orstatus quo ante order from the Supreme Court within five (5) days from receipt of the resolution/decision from theTribunal disposing of the case or resolution denying the motion for reconsideration. The date when the judgmentbecomes final and executory shall be deemed as the date of its entry although the physical act of entering orrecording the judgment may be done at later date. The record shall contain the dispositive part of the judgmentand shall be signed by the Secretary of the Tribunal, with a certification that such judgment has become final andexecutory.

RULE 71.Procedure after Finality of Decision; Executory of Decision; Publication of Decisions. - As soon as adecision becomes final and executory, notice thereof shall be sent to the Speaker of the House ofRepresentatives, the President of the Philippines and the Chairperson of the Commission on Audit. Upon receiptof a copy of the decision, the speaker of the House of Representatives, through the Secretary-General, shallexecute the same, unless a Temporary Restraining Order is issued by the Supreme Court.

The original copies of the decisions of the Tribunal shall be kept in bound form in the archives of the Tribunal.Decisions shall be published in the Official Gazette or in the reports officially authorized by the Tribunal in thelanguage in which they have been originally written together with the syllabi therefor.

COSTS

RULE 72.When Allowed. - Costs shall be allowed to the prevailing party as a matter of course, but the Tribunalshall have the power, for special reasons, to apportion the costs as may be equitable.

RULE 73.Costs When Action Dismissed.- If a protest, counter-protest or a petition for quo warranto is dismissed,the Tribunal may still render judgment for costs.

RULE 74.Costs When Action Frivolous.- When a protest, counter-protest or a petition for quo warranto is foundto be Frivolous, double or treble costs may be imposed by the Tribunal on the protestant, counter-protestant orpetitioner, as the case may be.

RULE 75.Attorney's Fees. - No award of attorney's fees shall be assessed against the adverse party, except as

provided in the Civil Code.

SUPPLEMENTARY RULES

RULE 76.Applicability.- The following shall be applicable by analogy or in suppletory character provided, they arenot inconsistent with these Rules or with the orders, resolutions and decisions of the Tribunal, namely:

(1) The Rules of Court;

(2) Decisions of the Supreme Court; and

(3) Decisions of the Electoral Tribunals.

AMENDMENT

RULE 77.Amendment. - The Tribunal may, at any time, amend these Rules. Any amendment adopted by theTribunal shall be effective fifteen (15) days after its publication in the Official Gazette or in a newspaper of generalcirculation.

EFFECTIVITY

RULE 78.Effectivity.- These Rules shall take effect fifteen (15) days from their publication in the Official Gazetteor in a newspaper of general circulation. Upon its taking effect, any and all Rules of the Tribunal previouslyadopted or promulgated are superseded and repealed, and these Rules shall remain operative until amended orsubstituted by the Tribunal.

TRANSITORY PROVISION

RULE 79.A lication to Pendin Cases.- These Rules shall a l to all endin actions exce t when substantive


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3/19/13 The 2011 Rules of the House of Represetatives Electoral Tribunal .

rights are affected as may be determined by the Tribunal.

APPROVED, February 10, 2011

(Sgd.) CONCHITA CARPIO MORALESAssociate Justice, Supreme Court

Chairperson

(Sgd.)ANTONIO EDUARDO B. NACHURAAssociate Justice, Supreme Court

Member

(Sgd.)ARTURO D. BRIONAssociate Justice, Supreme Court

Member

(Sgd.)FRANKLIN P. BAUTISTARepresentative

2nd District, Davao del SurMember

(Sgd.)RUFUS B. RODRIGUEZRepresentative

2nd District, Cagayan de Oro CityMember

(Sgd.)JOSELITO ANDREW R. MENDOZARepresentative

3rd District, BulacanMember

(Sgd.)JUSTIN MARC SB. CHIPECORepresentative

2nd District, LagunaMember

(Sgd.)MA. THERESA BONOAN-DAVIDRepresentative

4th District, ManilaMember

(Sgd.)RODOLFO B. ALBANORepresentative

1st District, IsabelaMember

Source: The Phil ippi ne STAR, 13 Feb 2011

The Lawphil Project - Arellano Law Foundation