Local Absentee Voting Act

Section 1

The reception of evidence on all matters or issues raised in the protect and counter-protests shall be presented and offered in a hearing upon completion of (a) the recount of ballots, or re-tabulation of election documents, or (b) the technical examination, if warranted. Reception of evidence shall be made in accordance with the following order of hearing: a) The Protestant shall present evidence in support of the protest; b) The protestee shall then adduce evidence in support of the defense, counterclaim or counter-protest, if any; c) The parties may then respectively offer rebutting evidence only, unless the Commission for good reasons, in the furtherance of justice, permits them to offer evidence upon their original case; and d) No sur-rebuttal evidence shall be allowed. In offering testimonial evidence, the party shall require the proposed witness to execute an affidavit which shall be considered as the direct testimony, subject to the right of the adverse party to object to its inadmissible portions and to orally cross-examine the witness. The affidavit shall be based on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify on the matters stated therein. The affidavit shall be in question and answer form. The affidavit shall be submitted to the Commission and served on the adverse party at least three days before the hearing. Failure to submit the affidavit of a witness within the specified time shall constitute a waiver of the party's right to present testimonial evidence. The one-day-cross-examinations-of-witness rule, that is, a witness has to be fully cross-examined in one day only shall be strictly adhered to. The Commission, at its discretion, may extend the cross-examination for justifiable reasons. The recount reports, as well as the objected and claimed ballots referred to therein, shall automatically form part of records of the Commission and may be adopted by the parties as their evidence.

Section 2

The Commission shall consider no evidence that has not been formally offered. Formal offer of documentary evidence shall be done in writing after the last day of hearing allowed for each party. The opposing party shall be required to immediately interpose his written objections thereto within five (5) from receipt of formal offer. The Commission shall rule on the offer of evidence not later than five (5) days from receipt of the Comment to the formal offer.

Section 3

Reception of evidence, once commenced, shall continue from day to day as far as practicable until terminated.

Section 4

No motion for postponement shall be allowed, except for clearly meritorious reasons, in no case to exceed three times. The filing of dilatory pleadings or motions shall constitute direct attempt of Commission and shall be punished accordingly.

Section 5

Burden of proof is the duty of a party to present evidence of the facts in issue, necessary to establish one's claim or defense.

Section 6

The following presumptions are considered as facts, unless contradicted and overcome by other evidence; a) On the election procedure: a.1) The election of candidates was held on the date and time set and in the polling place determined by the Commission on Elections; a.2) The Boards of Election Inspectors were duly constituted and organized; a.3) Political parties and candidates were duly represented by poll watchers; a.4) Poll watchers were able to perform their function; and a.5) The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors. b) On election paraphernalia: b.1) Ballots and election returns that bear the security marketing's and features prescribed by the Commission on Election are genuine; b.2) The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct; and b.3) The allocation, packing and distribution of election documents or paraphernalia were properly and timely done. c) on appreciation of ballots: c.1) A ballot with appropriate security markings is valid; c.2) The ballot reflects the intent of the voter; c.3) The ballot is properly accomplished; c.4) A voter personality prepared one ballot, except in the case of assistors; and c.5) The exercise of one's right to vote was voluntary and free.

Section 7

The Commission may allow the parties to submit their respective memoranda within a non-extendible period of ten days from receipt of the written ruling of the Commission. No supplemental, reply or rebuttal memorandum shall be allowed.