2010 Rules of Procedure for Municipal Election Contests

Section 1

Where the allegations in a protest so warrant, the court shall order – simultaneously with the issuance of summons – the municipal treasurer and election officer concerned to take immediate and appropriate measures to safeguard the integrity of all the ballot boxes and the ballots, the lists of voters and voting records, the books of voters and other documents or paraphernalia used in the election, as well as the automated election equipment and records such as the data storage devices containing electronic data evidencing the conduct and results of elections in the contested precincts.

Section 2

Within forty-eight (48) hours from receipt of an answer with counter-protest, when the allegations in an protest or counter-protest so warrant, the court shall order the ballot boxes with their keys, the PCOS and consolidation machines, the electronic data storage devices, the lists of voters and voting records, the books of voters, and other documents or paraphernalia involved in the protest or counter-protest, to be brought before it. The court shall notify the parties of the date and time of retrieval and transfer from their respective custodians of the ballot boxes, the PCOS and consolidation machines (if necessary), the electronics data storage devices and all other automated election documents and paraphernalia. The parties may send representatives to witness the retrieval and transfer. The absence, however, of a representative of a party shall not be reason to postpone or delay the retrieval or transfer of the above-mentioned equipment, devices and election documents. The court, at its discretion, may seek the assistance of the Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and the election equipment, devices and documents to its custody. Where any of the ballot boxes, ballots, PCOS machines, data storage devices, election returns, election documents or paraphernalia mentioned above are also involved in election contests before other for a (such as the Presidential Electoral Tribunal, the Senate Electoral Tribunal, the House of Representatives Electoral Tribunal or the Commission on Elections) with preferential rights of custody and revision in simultaneous protests under COMELEC Resolution No. 2812 dated 17 October 1995, the court shall coordinate with and make the appropriate request with the higher tribunals for the temporary prior custody of ballot boxes, PCOS machines, electronic data storage devices and other election documents and paraphernalia, or for the synchronization of revision activities. The expenses necessary and incidental to the production in court of the ballot boxes and election documents and the production, storage and maintenance of PCOS machines, data storage devices, and automated election paraphernalia and documents shall be shouldered and promptly paid by the protestant and counter-protestant in proportion to the precincts covered by their protects or counter-protests. The expenses necessary and incidental to the return of the materials and documents produced in court to their original custodians or to the proper tribunal after the termination of the case shall likewise be shared proportionately by the protestant and the protestee based on the number of precincts they respectively contest.

Section 3

Upon motion duly made based on demonstrated need, the court may order the COMELEC to provide the moving party access to, or to recover and use, electronic data from the COMELEC back-up server under conditions and safeguards required by COMELEC.