A. ORDINARY ACTIONS
Election Protests
Sec. 1. Filing of Election Protest
Sec. 2. Contents of Answer
Sec. 3. Counter-Protest or Counterclaim
Sec. 4. General Denial
Sec. 5. Protestant's Reply
Sec. 6. Revision of Ballots
Sec. 7. Composition and Compensation of Revision Committee
Sec. 8. Revision Expenses
Sec. 9. Venue of the Revision
Sec. 10. Custody of Election Records and Paraphernalia
Sec. 11. Report of Committee on Revision
Sec. 12. Prohibited Access
Sec. 13. Book of Voters as Evidence
Section 1. Filing of Election Protest. - A verified petition contesting the election of any regional, provincial or city official shall be filed by any candidate who duly filed a certificate of candidacy and has been voted for the same office, within ten (10) days after the proclamation of the results of the election.
Each contest shall refer exclusively to one office, but contests for offices of the Sangguniang Pampook, Sangguniang Panlalawigan or Sangguniang Panglungsod may be consolidated in a single case.
Sec. 2. Contents of Answer. - The answer must specify the nature of the defense and may set forth special and affirmative defenses.
Sec. 3. Counter-Protest or Counterclaim. - The protestee may incorporate in his answer a counter-protest or a counterclaim.
Sec. 4. General Denial. - If no answer is filed to the protest or counter-protest, a general denial shall be deemed to have been entered.
Sec. 5. Protestant's Reply. - The protestant may file a reply.
Sec. 6. Revision of Ballots. - When the allegations in a protest or counter-protest so warrant, or whenever in the opinion of the Commission or Division the interest of justice so demands, it shall immediately order the ballot boxes containing ballots and their keys, list of voters with voting records, book of voters, and other documents used in the election to be brought before the Commission, and shall order the revision of the ballots.
Sec. 7. Composition and Compensation of Revision Committee. - For the above purpose, the Commission may constitute a committee on the revision of ballots which shall be composed of the following with the corresponding compensation per ballot box contested:
- A Chairman, who shall be a lawyer of the Commission - P150.00
- One Revisor/Alternate for the Protestant - P100.00
- One Revisor/Alternate for the Protestee - P100.00
Other Support Staff:
- Clerk - P50.00
- Typist - P50.00
- Ballot Box Custodian - P50.00
Sec. 8. Revision Expenses. - The compensation of the members and staff shall be deducted from the cash deposit of the protestant or the protestee as the case may be, and other incidental expenses such as supplies and transportation in the supplies and transportation in the gathering of the protested ballot boxes.
Sec. 9. Venue of the Revision. - The revision of ballots shall be made in the Office of the Clerk of Court concerned or at such places as the Commission or Division shall designate and shall be completed within three (3) months from the date of the order; unless otherwise directed by the Commission.
Sec. 10. Custody of Election Records and Paraphernalia. - The ballot boxes containing ballots and their keys, the list of voters with the voting records, book of voters, and other documents used in the election, shall be kept and held secure in a place to be designated by the Commission, in the care and custody of the ballot box custodian of the Electoral Contests Adjudication Department and under the authority of the Chairman.
Sec. 11. Report of Committee on Revision. - The committee on revision of ballots shall make a statement of the condition in which the ballot boxes and their contents were found upon the opening of the same, and shall classify the ballots so examined and set forth clearly any objection that may have been offered to each ballot in the report to be submitted by them. Disputed ballots shall be numbered consecutively for purposes of identification in the presence and under the direction of the committee chairman. After examination, the ballots and other election documents shall be returned to their respective boxes under lock but disputed ballots shall be placed in a separate envelope duly sealed and signed by the members of the committee and then returned to the box. For purposes of making said report, which shall be submitted in twelve (12) legible copies, only the prescribed form prepared by the Commission shall be used.
Sec. 12. Prohibited Access. - During the revision of ballots, no person other than the Members of the Commission, members of the committee on revision of ballots, the Clerk of Court concerned or the latter's authorized representatives and the parties, their attorney or their duly authorized representatives shall have access to the place where said revision is taking place.
Sec. 13. Book of Voters as Evidence. - In election contests, the book of voters shall be conclusive in regard to the question as to who has the right to vote in said election.