Local Absentee Voting Act

Section 1

Every pleading, motion and other papers must be filed in ten (10) legible copies. However, when there is more than one respondent or protestee, the petitioner or protestant must file additional number of copies of the petition or protest as there are additional respondents or protestees.

Section 1

Within three (3) days from the filing of the protests, the Clerk of the Commission or the Division concerned shall issue the corresponding summons to the protestee or respondent, together with a copy of the protest, requiring the filing of an answer within a non-extendible period of five days from notice.

Section 2

The documents referred to in the immediately preceding section must be filed directly with the proper Clerk of Court of the Commission personally, or, unless otherwise provided in these Rules, by registered mail. In the latter case, the date of mailing is the date of filing and the requirement as to the number of copies must be complied with.

Section 2

The summons shall be served immediately upon its issuance by handling a copy to the protestee or respondent in person or, in case of refusal of the protestee or respondent to receive and sign for it, by tendering the same. If, for justifiable causes, the protestee or respondent cannot be served in person as provided above, service may be effected by leaving copies of the summons at: a) The residence of protestee or respondent, as stated in the certificate of candidacy he filed, with some person of suitable age and discretion residing therein, or b) The office or regular place of business of protestee or respondent with some competent person in charge thereof.

Section 3

(a) All pleadings allowed by these Rules shall be printed, mimeographed or typewritten on legal size bond paper and shall be in English or Filipino. (b) Protests or petitions in ordinary actions, special actions, special cases, special reliefs, provisional remedies, and special proceedings, as well as counter-protests, counter-petitions, interventions, motions for reconsideration, and appeals from rulings of board of canvassers shall be verified. All answers shall be verified. (c) A pleading shall be verified only by an affidavit stating that the person verifying the same has read the pleading and that the allegations therein are true of his own knowledge. Verifications based on "information or belief" or upon "knowledge", "information" or "belief" shall be deemed insufficient. (d) Each pleading shall contain a captain setting forth the name of the Commission, the title of the case, the docket number and the designation of the pleading. When an action or proceeding has been assigned to a Division, the caption shall set forth the name of the Division.

Section 3

The summons shall be served by a bailiff of the Commission or Division or upon request of the Commission or Division, by the Sheriff of any Court in the place where the parties to be served reside or for special reasons, by a person especially authorized by the Commission or Division.

Section 4

Upon the Filing of a protest or petition, the Clerk of Court of the Commission concerned shall docket the same and assign to it a docket number. The numbering must be consecutive according to the date it is filed, must bear the year, and prefixed as follows: (a) EPC — for Ordinary Actions (b) EAC — for Appealed Cases (c) SPA — for Special Actions (d) SPC — for Special Cases (e) SPR — for Special Reliefs (f) SPP — for Special Proceedings (g) EO — for Election Offenses

Section 4

When the service has been completed by personal service, the server shall give notice thereof, by registered mail, to the protestant or his counsel and shall return the summons to the Clerk of the Commission who issued it, accompanied with the proof of service.

Section 5

No pleading shall be accepted by the Commission unless it conforms to the formal requirement provided herein.

Section 5

Proof of service of summons shall be made in the manner provided for in the Revised Rules of Court of the Philippines.