Local Absentee Voting Act

Section 1

The Commission shall decide the election contest within thirty days from the date it is submitted for decision.

Section 2

The conclusions of the Commission in any case submitted to it for decision shall be reached in consultation before the case is assigned by raffle to a Member for the writing of the opinion. A certification to this effect signed by the Chairman or Presiding Commissioner shall be incorporated in the decision. Any member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. Every decision shall express therein clearly and distinctly the facts and the law on which it is based. In its decision the Commission shall be guided by the principle that every ballot is presumed to be valid unless there is clear and good reason to justify its rejection and that the object of the election is to obtain the true expression of the voters.

Section 3

In a protest against several protestees, the Commission may, when a several judgment is proper, render judgment against one or more of them, leaving the protest to proceed against the others.

Section 4

When in a given resolution or decision the writing of an extended opinion is reserved, the extended opinion shall be released within fifteen (15) days after the promulgation of the resolution.

Section 5

If an extended opinion is reserved in a decision, the period to file a petition for certiorari with the Supreme Court or to file a motion for reconsideration shall begin to run only from the date the aggrieved party received a copy of the extended opinion.

Section 6

The promulgation of a decision of the Commission shall be on a date previously fixed, of which notice shall be served in advance upon the parties or their counsels personality, or by registered mail, or by telegram, or any verifiable speedy means.

Section 7

When the Commission en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall be reached, and if on rehearing no decision is reached, the protest or the counter-protest shall be deemed dismissed if originally commenced in the Commission; in a appealed cases, judgment or order appealed from shall stand affirmed; and in all incidental matters, the petition or motion shall be denied.

Section 8

In election protests, if the decision shall be that none of the parties has been legally elected, the Commission shall certify such decision to the President of the Philippines.

Section 9

As soon as a decision in an election protest becomes final and executory, notices thereof shall be sent to the President, the Secretary of Local Government, the Chairman of the Commission on Audit, and the Secretary of the Sangguniang Pampook in the case of regional officials, the Secretary of the Sangguniang Panlalawigan in the case of provincial officials, and the Secretary of the Sangguniang Panlungsod in the case of city officials.

Section 10

Unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become final and executory after the lapse of five (5) days following its promulgation.