Rules of Procedure - Part V - Rule 26

Approved: 15 February 1993

B. SPECIAL ACTIONS
Postponement or Suspension of Elections

Section Guide

Sec. 1. Postponement of election

Sec. 2. Failure of election

Sec. 3. Motu propio postponement

Sec. 4. When based upon a verified peition

Sec. 5. Time to file opposition

Sec. 6. Summary proceeding

Sec. 7. Delegation of reception of evidence

Sec. 8. Determination of cessation of cause



Section Details

Section 1. Postponement of Election. - When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly, honest, peaceful and credible election should become impossible in any political subdivision, the Commission, motu proprio, or upon a verified petition by any interested party, and after due notice and hearing whereby all interested parties are afforded equal opportunity to be heard, may postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended, or which resulted in a failure of election, but not later than thirty (30) days after the cessation of the cause of such postponement or suspension of the election or failure to elect.

Sec. 2. Failure of Election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes the election in any precinct has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody of canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty (30) days after the cessation of the cause of such postponement or suspension of the election or failure to elect.

Sec. 3. Motu Proprio Postponement. - When the Commission acts motu proprio, notices of hearing must be sent to all interested parties by the fastest means available.

Sec. 4. When Based Upon a Verified Petition. - Unless a shorter period is deemed necessary by circumstances, within twenty-four (24) hours from the filing of the petition, the Clerk of Court concerned shall forthwith serve notices to all interested parties, indicating therein the date of hearing, through the fastest means available.

Sec. 5. Time to File Opposition. - Unless a shorter period is deemed necessary by the circumstances, within two (2) days from receipt of the notice of hearing, any interested party may file an opposition with the Law Department of the Commission.

Sec. 6. Summary Proceeding. - The hearing of the case shall be summary in nature.

Sec. 7. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are members of the Philippine Bar to hear the case and to receive evidence.

Sec. 8. Determination of Cessation of Cause. - The determination of the cessation of the cause of the postponement or suspension of election or failure of election falls within the exclusive prerogative of the Commission.