2010 Rules of Procedure for Municipal Election Contests

Section 1

If at the preliminary conference the parties have agreed on issues that do not involve the examination and appreciation of ballots or other election documents (e.g., vote-buying, fraud, terrorism or violence), the reception of evidence on the issues, including the testimonies of witnesses, shall be done simultaneously with the revision of ballots that may be required. The reception of evidence on all other matters or issues incidental to or involving the ballots and related election documents shall be made upon completion of (a) the revision of ballots or election documents; or (b) the technical examination, if allowed by the court under the provisions of Rule 11 of these Rules. Reception of evidence shall be made in accordance with the following order of hearing: (a) The protestant or petitioner shall present evidence in support of the protest or petition; (b) The protestee or respondent shall then adduce evidence in support of the defense, counterclaim or counter-protest, if any; (c) The parties may then respectively offer rebuttal evidence only, unless the court for good reasons and in the furtherance of justice, permits them to offer evidence on their original case; and (d) No surrebuttal 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 witness’ 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 stated matters. The affidavit shall be in question and answer form, and shall be submitted to the court and served on the adverse party at least three (3) days before the hearing. Failure to submit the affidavit of witness within the specified time shall constitute a waiver of the party’s right to present testimonial evidence. The one-day-cross-examination-of witness rule – i.e., that a witness has to be fully cross-examined on one day – shall strictly be followed, subject to the court’s discretion to extend the cross-examination for justifiable reasons. The revision reports, as well as the ballots objected to or claimed by the parties and the submitted electronic evidence, shall automatically form part of court records and may be adopted by the other parties as their evidence.

Section 2

The court shall not consider any evidence that has not been formally offered. Offer of evidence shall be done orally on the last day of hearing allowed for each party after the presentation of the party’s last witness. The opposing party shall be required to immediately interpose objections to the offer. The court shall rule on the offer of evidence in open court. However, the court may, at its discretion, allow the party to make an offer of evidence in writing, which shall be submitted within three days from notice of the court’s order. If the court rejects any evidence offered, the party may make a tender of the excluded evidence.

Section 3

Reception of evidence, once commenced, shall continue from day to day, as far as practicable, until fully completed or terminated at the court’s order. In no case shall the entire period for reception of evidence exceed ten successive days for each party, from the first day reception of evidence starts, unless otherwise authorized by the Supreme Court.

Section 4

No motion for postponement shall be allowed, except for clearly meritorious reasons. In no case shall the resetting of hearings have an interval exceeding three calendar days, nor shall the postponements of hearing granted to each party exceed three (3). The filing of dilatory pleadings or motions shall constitute direct contempt of court and shall be punished accordingly.

Section 5

Burden of proof is the duty of a party to present evidence of the facts in issue to establish his or her claim or defense.

Section 6

The following presumptions are considered as established facts, unless contradicted and overcome by other evidence: (a) On the election procedure: (i) The election of candidates was held on the date and at the time set and in the polling place determined by the Commission on Elections; (ii) The Boards of Election Inspectors were duly constituted and organized; (iii) Political parties and candidates were duly represented by pollwatchers; (iv) Pollwatchers were able to perform their functions; (v) The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors; and (vi) The Audit Log contains the list of all activities performed by the PCOS machines from the time it was powered on until it was turned off. (b) On election paraphernalia: (i) Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections are genuine; (ii) The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct; and (iii) The allocation, packing and distribution of election documents or paraphernalia were properly and timely done; (iv) The PCOS and consolidation machines and the data storage devices are all in order, and the data generated reflect the activities entered in these electronic machines and devices. (c) On appreciation of ballots: (i) A ballot with appropriate security markings is valid; (ii) The ballot reflects the intent of the voter; (iii) The ballot was properly accomplished; (iv) A voter personally prepared one ballot, except in the case of assistors; and (v) The exercise of one’s right to vote was voluntary and free.

Section 7

The court may allow the parties to submit their respective memoranda within a non-extendible period of ten (10) days from the verbal ruling of the court on the last offer of exhibits; or, if the offer was made in writing, within ten (10) days from receipt of the written ruling of the court. No supplemental, reply or rebuttal memorandum shall be allowed.