2010 Rules of Procedure for Municipal Election Contests

Section 1

No protest, counter-protest or petition for quo warranto shall be accepted for filling without the payment of a filing fee in the amount of Three Thousand Pesos (P3,000.00) for every protest, counter-protest or petition for quo warranto filed. If claims for damages and attorney’s fees are set forth in a protest or counter-protest, additional filing fees shall be paid in accordance with the schedule under Rule 141 of the Rules of Court, as amended.

Section 2

Cash deposit. – (a) In addition to the fees prescribed in the preceding section, the protestant in an election protest requiring revision or examination of ballots, or the verification or re-tabulation of election returns, or which may require bringing copies of other election documents and paraphernalia to court, shall make a cash deposit with the court in the following amounts: i. One Thousand Pesos (P1,000.00) for each precinct covered by the protest or counter-protest, provided that the deposit shall in no case be less than Twenty-five Thousand Pesos (P25,000.00) to be paid upon the filling of the election protest or counter-protest; ii. Twenty-five Thousand Pesos (P25,000.00) for the cost of bringing to court and of storing and maintaining the PCOS, the consolidation machines and other automated election paraphernalia brought to court as evidence or as necessary equipment in considering the protested or counter-protested ballots; iii. If the amount to be deposit does not exceed One Hundred Thousand Pesos (P100,000.00), the required sum shall be paid in full within ten (10) days from the filling of the protest or counter-protest; and iv. If the required deposit shall exceed One Hundred Thousand Pesos (P100,000.00), a cash deposit in the amount of One Hundred Thousand Pesos (P100,000.00) shall be made within ten (10) days from the filling of the protest or counter-protest. The balance shall be paid in installments under the schedule the court may require after hearing the Protestant or counter-Protestant on the matter. The cash deposit shall be applied by the court to the payment of the compensation of revisors as provided under Section 3, Rule 10 of these Rules, and of all the expenses incidental to revision, including but not limited to the cost of supplies and miscellaneous expenses of the revision committee, the cost of the production in court and the storage and maintenance of automated election equipment and paraphernalia. When circumstances so demand (such as when the deposit has been or is about to be depleted), the court may require the payment of additional cash deposits. Any unused cash deposit shall be returned to the depositing party after the complete termination of the protest or counter-protest. The same amount of cash deposit shall be required from the protestee (counter-protestant), should continuation of revision be ordered pursuant to paragraph 2, Section 10, Rule 10 of these Rules. Once required, the protestee (counter-protestant) shall pay the cash deposit within a non-extendible period of three days from receipt of the court’s order. (b) Failure to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest or counter-protest.