2010 Rules of Procedure for Municipal Election Contests

Section 1

Regional trial courts shall have exclusive original jurisdiction over all election contests involving municipal officials.

Section 2

An election contest is initiated by the filing of an election protest or a petition for quo warranto against an elective municipal official. An election protest or a petition for quo warranto shall be filed directly with the court in three legible copies plus such number of copies corresponding to the number of protestees or respondents. An election protest shall not include a petition for quo warranto, nor shall a petition for quo warranto include an election protest.

Section 3

Service and filing of pleadings, including the initiatory petition and other subsequent papers, shall be done personally. Except for papers emanating from the court, resort to other modes of service must be accompanied by a written explanation why the service or filing was not done personally. A pleading or motion violating this Rule shall be considered not to have been filed.

Section 4

A petition contesting the election or returns for an elective municipal office shall be filed with the proper Regional Trial Court by an candidate who was voted for the same office and who received the second or third-highest number of votes or, in a multi-slot position, was among the next four candidates following the last-ranked winner duly proclaimed, as reflected in the official results of the election contained in the Statement of Votes by Precinct. The party filing the protest shall be designated as the protestant; the adverse party shall be known as the protestee. Each contest shall refer exclusively to one office; however, contests for offices of the Sangguniang Bayan may be consolidated in one case.

Section 5

A petition for quo warranto against an elective municipal official shall be filed with the proper Regional Trial Court by any registered voter who voted in the municipal election. The party filing the petition shall be designated as the petitioner; the adverse party shall be known as the respondent.

Section 6

An election protest or a petition for quo warranto shall be verified by an affidavit stating that the affiant has read the petition and that its allegations are true and correct of the affiant’s own knowledge or based on authentic records. A verification based on "information and belief" or upon "knowledge, information and belief" is not sufficient. The protestant or petitioner shall sign personally the certificate of non-forum shopping, which must be annexed to the election protest or petition for quo warranto. An unverified or insufficiently verified petition or one that lacks a certificate of non-forum shopping shall be dismissed outright and shall not suspend the running of the required period for the filing of an election protest or petition for quo warranto.

Section 7

The election protest or petition for quo warranto shall be filed within a non-extendible period of ten (10) days counted from the date of proclamation.

Section 8

The pendency of a pre-proclamation controversy, involving the validity of the proclamation as defined by law, shall suspend the running of the period for the filing of an election protest or petition for quo warranto.

Section 9

The decision of the COMELEC, either en banc or in division, in a disqualification case shall not be a bar to the filing of a petition for quo warranto based on the same ground, except when the Supreme Court has affirmed the COMELEC decision.

Section 10

(a) An election protest or petition for quo warranto shall commonly and specifically state the following facts: (i) the position involved; (ii) the date of proclamation; and (iii) the number of votes credited to the parties per the proclamation. (b) A quo warranto petition shall also state: (i) if the petitioner is not a candidate for the same municipal position, the facts giving the petitioner standing to file the petition; (ii) the qualifications for the municipal office and the disqualifications prescribed by law; (iii) the petitioner’s cited ground for ineligibility or the specific acts of disloyalty to the Republic of the Philippines. (c) An election protest shall also state: (i) that the protestant was a candidate who had duly filed a certificate of candidacy and had been voted for the same office; (ii) the total number of precincts in the municipality; (iii) the protested precincts and votes of the parties are not specified, an explanation why the votes are not specified; and (iv) a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts.

Section 11

The Supreme Court shall designate the Regional Trial Court within a judicial region that shall take cognizance of election protests and petitions for quo warranto. A raffle conducted by the executive judge shall determine the assignment of cases to these courts except in single-sala courts or courts specifically designated by the Supreme Court. No court shall assume jurisdiction over an election contest unless the case has been properly assigned to it as provided herein. At least twenty-four (24) hours before the raffle, the clerk of court must serve personal notice to the parties, stating the date and time of the raffle. Proof of service to the parties shall be submitted to the court, and the raffle shall be open to the public. The Supreme Court shall issue the necessary circular implementing this proviso. The Court may order a change of venue or place or trial for compelling reasons to avoid a miscarriage of justice.

Section 12

The court shall summarily dismiss, motu proprio, an election protest, counter-protest or petition for quo warranto on any of the following grounds: (a) The court has no jurisdiction over the subject matter; (b) The petition is insufficient in form and content as required under Section 10; (c) The petition is filed beyond the period prescribed in these Rules; (d) The filling fee is not paid within the period for filling the election protest or petition for quo warranto; and (e) In a protest case where cash deposit is required, the deposit is not paid within five (5) days from the filling of the protest.