2010 Rules of Procedure for Municipal Election Contests

Section 1

Except when the protest or counter-protest involves allegation of massive substitute voting, a party may move for the technical examination of the presented evidence within five (5) days after completion of the revision in the protest or counter-protest, specifying: (a) The nature of the technical examination requested (e.g., fingerprint examination, etc.); (b) The documents or machines/equipment to be subjected to technical examination; (c) The objections made in the course of the revision of ballots which the movant intends to substantiate with the results of the technical examination; and (d) The ballots covered by these objections.

Section 2

The court may grant the motion for technical examination at its discretion and under the conditions it may impose. If the motion is granted, the technical examination shall start within five (5) days from notice to both parties, and shall be completed within the period specified by the court, in no case to exceed to twenty successive working days, unless the court grants an extension based on exceptionally meritorious ground. A party may attend the technical examination either personally or through a representative. However the technical examination shall proceed with or without the attendance of a party, provided that the due notice has been given. The expenses for technical examination shall be for the account of the party requesting the examination. The technical examination shall be under the supervision of the clerk of court.

Section 3

Experts necessary for the conduct of technical examination shall be provided by the party requesting the same and may come from the National Bureau of Investigation, the PNP Crime Laboratory, the Commission on Elections, the Department of Science and Technology, or experts from the private sector. The other party may secure the services of his or her own expert who may only observe, not interfere with, the examination conducted by the movant’s experts.