2010 Rules of Procedure for Municipal Election Contests

Section 1

The court shall decide the election contest within thirty (30) days from the date the case is submitted for decision, in no case beyond six (6) months after its filing, unless the Supreme Court authorizes an extension in writing. Failure to comply with this timeline shall be considered a serious offense and shall be a ground for disciplinary action against the judge. In addition, six (6) months after the submission of the case for decision, the judge shall be relieved of all duties and functions except to decide the election case. An election protest is deemed submitted for decision after completion of the reception of evidence or, if the parties were allowed to submit memoranda, upon submission of their memoranda or the expiration of the period for their filing, whichever is earlier. In an election protest, the winner shall be the candidate who obtained the plurality of the valid votes cast.

Section 2

After the termination of the revision of ballots and before rendering its decision in an election protest that involved a revision, the court shall examine and appreciate the original ballots. The court, in its appreciation of the ballots and in ruling on the parties’ claims and objections, shall observe the following rules: (a) On marked ballots – The court must specify and point to the marking clearly indicating the voter’s intent to identify the ballot. (b) On fake or spurious ballots, election document, machine, device or paraphernalia – The court must specify the COMELEC security markings or features that are not found in the ballot, election documents, machine, device or paraphernalia considered fake or spurious, or the operation or aspects of the machine, device or paraphernalia that resulted in fake or spurious results; (c) On stray ballots – The court must specify and state in detail why the ballots are considered stray; (d) On claimed ballots – The court must specify the exact basis for admitting claimed votes or crediting these to either party.

Section 3

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

Section 4

The decision signed by the presiding judge shall be promulgated by reading its dispositive portion in open court on a date set with notice to the parties and filing the decision with the clerk of court; or by the delivery of a copy of the signed decision to the clerk of court, who shall forthwith indicate the date of rendition and cause true copies thereof to be served, personally or by registered mail, on the counsels or on the parties if they are not represented by counsel.

Section 5

The court’s promulgated decision shall become final and executory five (5) days after receipt of notice by the parties if no appeal is taken.

Section 6

If no appeal is filed within the time provided in these Rules, the judgment shall be entered by the clerk in the book of entries of judgments. The date of finality of the judgment shall be the date of its entry. The record shall contain the dispositive part of the judgment and shall be signed by the clerk, with a certificate that the judgment has become final and executory.

Section 7

As soon as the decision becomes final, the clerk of court shall send notices to the COMELEC, the Department of the Interior and Local Government, and the Commission on Audit.

Section 8

An aggrieved party may appeal the decision to the COMELEC within five (5) days after promulgation, by filing a notice of appeal with the court that rendered the decision, with copy served on the adverse counsel or on the adverse party who is not represented by counsel.

Section 9

The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal.

Section 10

The clerk of court shall, within fifteen (15) days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department, COMELEC, the complete records of the case, together with all the evidence, including the original and three copies of the transcript of stenographic notes of the proceedings.

Section 11

On motion of the prevailing party with notice to the adverse party, the court, at its discretion and while still in possession of the original records, may order the execution of its decision before the expiration of the period to appeal, subject to the following rules: (a) Execution pending appeal shall not issue except upon motion and hearing with prior notice of the motion of at least three (3) days to the adverse party. The motion for execution pending appeal must be supported by good reasons cited and stated by the court in a special order. These reasons must: (i) constitute superior circumstances demanding urgency that would outweigh the injury or damage, should the losing party secure a reversal of the judgment on appeal; and (ii) manifest, in the decision sought to be executed, that the defeat of the protestee or the victory of the protestant has been clearly established. (b) If the court grants an execution pending appeal, an aggrieved party shall have twenty working days from notice of the special order within which to secure a restraining order or status quo order from the Supreme Court or the COMELEC. The corresponding writ of execution shall issue after twenty (20) days if no restraining order or status quo order is issued. During the twenty (20)-day period, the issuance of a writ of execution pending appeal shall be stayed.

Section 12

The COMELEC has the authority to issue the extraordinary writs of certiorari, prohibition and mandamus only in aid of its appellate jurisdiction over decisions of the courts in election cases involving elective municipal officials.

Section 13

The courts shall give preference to election contests over all other cases, except petitions for habeas corpus and for the writs of amparo and habeas data.