Rules of Procedure in Election Contests before the Courts Involving Elective Municipal and Barangay Officials

Section 1

The following pleadings, motions or petitions shall not be allowed in the cases covered by these Rules: (a) Motion to dismiss the petition except on the ground of lack of jurisdiction over the subject matter; (b) Motion for a bill of particulars; (c) Demurrer to evidence; (d) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; (e) Petition for relief from judgment; (f) Motion for extension of time to file pleadings, affidavits or other papers; (g) Memoranda, except as provided under Section 7, Rule 13 of these Rules; (h) Motion to declare the protestee or respondent in default; (i) Dilatory motion for postponement; (j) Motion to inhibit the presiding judge except on clearly valid grounds; (k) Reply or rejoinder; and (l) Third-party complaint.

Sec 2

All grounds to dismiss an election protest or petition for quo warranto must be set up or pleaded as affirmative or special defenses. Defenses not raised are deemed waived. The court may, in its discretion, hold a preliminary hearing on the grounds so pleaded.