Local Absentee Voting Act

Section 1

Every applications for an order not included in a decision of the Commission or a Division may be called a motion.

Section 1

No protest, counter-protest shall be accepted for filing without the payment of a filing fee in the amount of Ten Thousand Pesos (P10,000.00) for each interest. If claims for damages and attorney's fees are set forth in a protest or counter-protest, additional filing fees shall be paid in accordance with the schedule provided for in Rule 141 of the Rules of Court, as amended.

Section 2

All motions shall be in writing, except motions for continuance made in the presence of the adverse party, or those made in the course of a hearing or trial.

Section 2

(a) In addition to the fees prescribed in the preceding section, the protestant on an election protest requiring recount of ballots or re-tabulation of election returns, or which may require the bringing to the Commission of copies of other election documents, printed or electronic, as well as the machines or devices to which electronic election documents are stored or may be processed, shall make a cash deposit with the Commission in the following amounts: 1. One Thousand Five Hundred Pesos (P1,500.00) for each precinct involved in the protest or counter-protest; provided that, in no case shall the deposit be less than Twenty-Five Thousand Pesos (P25,000.00) to be paid upon the filing of the election protest (counter-protest); 2. If the amount to be deposited does not exceed One Hundred Thousand Pesos (P100,000.00), the same shall be paid in full within ten days after the filing of the protest; and 3. If the deposit exceeds One Hundred Thousand Pesos (P100,000.00), a cash deposit in the amount of One Hundred Thousand Pesos (P100,000.00) shall be made within ten days after the filing of the protest. The balance shall be paid in such installments as may be required by the Commission with at least five days advance notice to the party required to make the deposit. The cash deposit shall be applied by the Commission to the payment of compensation of Recount Committees as provided under Section 3, Rule 17 of these Rules and of all expenses incidental to the recount but not limited to supplies and miscellaneous expenses of the recount committee. When the Commission determines that the circumstances so demand, as when the deposit has been depleted, it may require additional cash deposits. Any unused cash deposit shall be returned to the party making the same after complete termination of the protest or counter-protest. The same amount of cash deposit shall be required from the protestee (counter-protestant), should continuation of recount be ordered. Once required, the protestee (counter-protestant) shall pay the cash deposit within a non-extendible period of three days from receipt of the corresponding order. (b) Failure to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest, or counter-protest. (c) The Division Clerk of the Commission or Overall Chairman of the Recount Committee shall liquidate any cash advance granted to him/her for the purchase of supplies within a non-extendible period of thirty (30) days from date of termination of the recount.

Section 3

A motion shall state the order sought to be obtained and the grounds upon which it is based.

Section 4

Notice of a motion shall be served by the movant to all parties concerned, at least three (3) days before the hearing thereof, together with a copy of the motion. For good cause shown, the motion may be heard on shorter notice, especially on matters which the Commission or the Division may dispose of on its own motion. The notice shall be directed to the parties concerned and shall state the time and place of the hearing of the motion.

Section 5

No motion shall be acted upon by the Commission without proof of service of notice thereof, except when the Commission or a Division is satisfied that the rights of the adverse party or parties are not affected.

Section 6

No oral argument shall be heard in support of motions unless, for special reasons, the Commission or a Division directs otherwise.

Section 7

The first hours of the session of the Commission en banc or of the division shall be devoted to hearings of motions.

Section 8

A motion assailing a pleading or a proceeding shall include all objections then available, and all objections not so included shall be deemed waived.