Local Absentee Voting Act

Section 1

The following pleadings are not allowed: (a) motion to dismiss; (b) motion for a bill of particulars; (c) motion for extension of time to file memorandum or brief; (d) motion for reconsideration of an en banc ruling, resolution, order or decision except in election offense cases; (e) motion for re-opening or re-hearing of a case; (f) reply in special actions and in special cases; and (g) supplemental pleadings in special actions and in special cases.

Section 1

Within three (3) days after the filing of the last responsive pleading allowed by these rules, or expiration of the same period without any responsive pleading having been filed, the Commission shall conduct a mandatory preliminary conference among the parties to consider: The simplification of issues; The necessity or desirability of amendments to the pleadings; The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof; The identification of the pilot protested and counter-protested precincts and the manifestation of the preferred mode of recount, unless the protestant or protestees opts ONLY for the reading/appreciation of rejected ballots in all protested or counter-protested precincts; The limitation of the number of witnesses; The nature of the testimonies of the witnesses and whether they relate to evidence aliunde, the ballots or otherwise; The withdrawal of certain protested or counter-protested precinct (especially those where the ballot boxes or ballots are unavailable or missing and cannot be located or destroyed due to natural disasters or calamities); The number of recount committees to be constituted; The procedure to be followed in case the election protest or counter — protest seeks, wholly or partially, the examination verification or re-tabulation of election returns; and Such other matters as may aid in the prompt disposition of the case. (as amended by COMELEC Resolution No. 9720)

Section 2

The notice of preliminary conference shall be served on the counsel or on the party who has no counsel. Notice to counsel is notice to the party, as counsel is charged with the duty to notify the party represented.

Section 3

It shall be the duty of the parties and counsel to appear before the Commission in person at the preliminary conference.

Section 4

The parties shall file with the Commission and serve on the adverse party, in such manner as shall ensure their receipt at least one (1) day before the date of the preliminary conference, their respective briefs which shall contain the following: A summary of admitted facts and proposed stipulation of facts; The issues to be tried or resolved; The pre-marked documents or exhibits to be presented, stating their purpose; A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; The list of pilot protested or counter-protested precincts, which shall be not more than twenty percent (20%) of the total number of precincts, but in no case exceeding two hundred (200) or be less than twenty (20) precincts that will best illustrate the merits of the protest which shall be the subject to the initial recount of paper ballots, reading/appreciation of the rejected ballots and decryption and recount of the ballot images if applicable. The protestant may, however, waive the recount of the paper ballots and instead resort to either the decryption and recount of the ballots of the pilot protested or counter-protested precincts, OR the reading/appreciation of the rejected ballots only of the entire protested or counter-protested precincts; The number and names of the witnesses, their addresses, and the substance of their respective testimonies. The testimonies of the witnesses shall be by affidavits in question and answer form as their direct testimonies, subject to oral cross examination; A manifestation of withdrawal of certain protested or counter-protested precincts , if such is the case; The proposed number of recount committees and names of their representative, and their alternates; and In case the election protest or counter-protest seeks the examination, verification or re-tabulation of election returns, the procedure to be followed. (as amended by COMELEC Resolution No. 9720)

Section 5

Failure to file brief or to allege the required contents mentioned in the preceding section shall have the same effect as failure to appear at the preliminary conference. (as amended by COMELEC Resolution No. 9720)

Section 6

The failure of the protestant or counsel to appear at the preliminary conference shall be cause for dismissal, motu proprio, of the protest or counter-protest. The failure of the protestee or counsel to appear at the preliminary conference gives the Commission the discretion to allow the protestant to present evidence ex parte and render judgment based on the evidence presented.

Section 7

Within three days following the date of the preliminary conference, the Commission shall issue an order summarizing the matters taken up and stipulations or agreements reached during the conference. The Commission shall specify in the preliminary conference order when the recount of ballots will commence, which shall be within five days from the termination of the preliminary conference.