Local Absentee Voting Act

Section 1

Any person allowed to initiate an action or proceeding may, before or during the trial of an action or proceeding, be permitted by the Commission, in its discretion, to intervene in such action or proceeding, if he has legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or when he is so situated as to be adversely affected by such action or proceeding.

Section 1

Within five (5) days from receipt of the summons, the protestee/s shall file an Answer in two (2) original copies with complete annexes together with an electronic version thereof stored in compact disc, flash drive or other portable storage device, with proof of service of a copy upon the protestant. The electronic version of the Answer need not be signed and shall be in MS Word format or other similar formats, while the annexes shall be in PDF format saved collectively as a single file. The answer shall be verified and may set forth admissions and denials, special and affirmative defenses and a compulsory counterclaim. The protestee may incorporate a counter-protest in the answer. The counter-protest shall specify the counter-protested precincts and any votes of the parties therein per the Statement of Votes, or if not so specified, an explanation why the votes are not specified, and a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the counter-protested precincts. (as amended by COMELEC Resolution No. 9720)

Section 2

A person desiring to intervene shall file a motion for leave of the Commission or the Division with notice upon all the parties to the action.

Section 2

The protestant shall answer the counterclaim or counter-protest within a non-extendible period of five days from notice.

Section 3

In allowing or disallowing a motion for intervention, the Commission or the Division, in the exercise of its discretion, shall consider whether or not the intervention will unduly delay or prejudice and adjudication of the rights of the original parties and whether or not the intervenor's rights may be fully protected in a separate action or proceeding.

Section 3

Allegations in the answer. (a) Specific denial. — A protestee must specify each material allegation of fact the truth of which is not admitted and, whenever practicable, shall set forth the substance of the matters relied upon in support of the denial. The protestee shall specify so much of the averments that are true and material and shall deny the remainder. (b) Allegations not specifically denied deemed admitted. — Material averment in the protest other than the amount of unliquidated damages and issues as to the recount or appreciation of ballots, shall be deemed admitted when not specifically denied.

Section 4

The intervention shall be made by protest or petition filed and served in due form, and may be answered as if it were an original protest or petition; but where intervenor unites with the protestee or respondent in resisting the claims of protestant or petitioner, the intervention may be made in the form of an answer to the protest or petition.

Section 4

Effect of failure to plead. a) Defenses and objections not pleaded. — Defenses and objections not pleaded are deemed waived. However, when it appears from the pleadings or the evidence on record that the Commission has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment, or the statute of limitations, the Commission shall dismiss the claim. b) Compulsory counterclaim or cross-claim not set-up barred. — A compulsory counterclaim, or a cross-claim not set up shall be barred. c) Effect of failure to answer. — In an election protest that does not involve ballot recount, if the protestee fails to file an answer within the time allowed, the Commission shall, upon motion of the protestant with notice to the protestee, and upon proof of such failure, require the protestant to submit evidence ex parte. d) However, in the case of election protests involving ballot recount or examination, or verification or re-tabulation of the election returns, the Commission shall order such recount of ballots or re-tabulation of election returns. The Commission shall proceed to render judgment based on the results of the recount or re-tabulation of election returns. During the recount or re-tabulation of election returns, only the protestant, or his representative may participate. The protestee or his duly authorized representative has the right to be present and observe the proceedings without the right to register his comment on the ballots and election returns.

Section 5

In computing any period of time prescribed or allowed by these Rules, or by order of the Commission, or bay any applicable statute, the day of the act or the event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or legal holiday on the place where the Commission sits, the time shall not run until the next working day.

Section 6

After the expiration of the period for the filing of the election protest or counter-protest, substantial amendments that broaden the scope of the action, or introduce an additional cause or causes of action may be allowed only upon leave of the Commission. Such leave may be refused if it appears that the motion was made with intent to delay. Any amendment in matters of form, such as a defect in the designation of the parties and other clearly clerical or typographical errors, may be summarily corrected by the Commission at any stage of the proceedings, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party.