A. ORDINARY ACTIONS
Appeals from Decisions of Courts in Election Protest Cases
Sec. 1. Caption and title of appealed cases
Sec. 2. Attorneys
Sec. 3. Notice of appeal
Sec. 4. Immediate transmittal of records of the case
Sec. 5. Filing of briefs
Sec. 6. Contents of brief
Sec. 7. Reply brief
Sec. 8. When case may be set for oral argument
Sec. 9. Grounds for dismissal of appeal
Sec. 10. Withdrawal of appeal
Section 1. Caption and Title of Appealed Cases. - In all election contests involving the elections, returns, and qualifications of municipal or barangay officials, the party interposing the appeal shall be called the "Appellant" and the adverse party the "Appellee", but the title of the case shall remain as it was in the court of origin.
Sec. 2. Attorneys. - The attorneys of the parties in the courts shall be considered as their respective attorneys in the Commission, unless otherwise manifested.
Sec. 3. Notice of Appeal. - Within five (5) days after promulgation of the decision of the court, the aggrieved party may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party.
Sec. 4. Immediate Transmittal of Records of the Case. - The Clerk of the court concerned shall, within fifteen (15) days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department the complete records of the case, together with all the evidence, including the original and three (3) copies of the transcript of stenographic notes of the proceedings.
Sec. 5. Filing of Briefs. - The Clerk of Court concerned, upon receipt of the complete records of the case, shall notify the appellant or his counsel to file with the Electoral Contests Adjudication Department within thirty (30) days from receipt of such notice, ten (10) legible copies of his brief with proof of service thereof upon the appellee.
Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file ten (10) legible copies of his brief with proof of service thereof upon the appellant.
Sec. 6. Contents of Brief. - The brief shall have the same contents as those provided under Sections 16 and 17, Rule 46 of the Rules of Court. A copy of the decision appealed from shall be attached as an appendix to the appellant's brief.
Sec. 7. Reply Brief. - The appellant may file a reply brief within twenty (20) days from receipt of appellee's brief.
Sec. 8. When Case May Be Set for Oral Argument. - Upon the filing of appellant's reply brief, or after the expiration of the time for its filing, the case shall be deemed submitted for decision, unless within fifteen (15) days therefrom, any party asks, and for special reason, is thereafter granted permission for oral argument, or unless the Commission motu proprio requires it. Oral arguments shall be confined to such points as the Commission may specify in an order setting the date therefor. The Commission may admit memoranda in lieu of oral argument.
Sec. 9. Grounds for Dismissal of Appeal. - The appeal may be dismissed upon motion of either party or at the instance of the Commission on any of the following grounds:
- Failure of the appellant to pay the correct appeal fee;
- Failure of the appellant to file copies of his brief within the time provided by these rules;
- Want of specific assignment of errors in the appellant's brief; and
- Failure to file notice of appeal within the prescribed period.
Sec. 10. Withdrawal of Appeal. - An appeal may be withdrawn as a matter of right at any time before the filing of appellee's brief. After the filing of the appellee's brief, the withdrawal may be allowed at the discretion of the Commission.