2010 Rules of Procedure for Municipal Election Contests

Section 1

Within three (3) days after the filling of the last responsive pleading allowed by these Rules, or on the expiration of this period without any responsive pleading having been filed, the court shall conduct a mandatory preliminary conference among the parties to consider: (a) The simplification of issue; (b) The necessary or desirability of amendments to the pleadings; (c) The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof; (d) The limitation of the number of witnesses; (e) The nature of the testimonies of the witnesses and whether they relate to evidence that do not involve the ballots, or otherwise; (f) The withdrawal of certain protested or counter-protested precincts, especially those where the ballot boxes or ballots are unavailable or are missing, cannot be located, have been destroyed due to natural disasters or calamities, or where the PCOS and other electronic data are missing; (g) The number of revision committees to be constituted; (h) The procedure to be followed in case the election protest or counter-protest seeks, wholly or partially, the examination of ballots, or the verification or re-tabulation of election returns; (i) The procedure in handling the PCOS and the other electronic machines and data; and (j) Other matters that may contribute to prompt disposition of the case.

Section 2

The notice of preliminary conference shall be served on counsel or on counsel on the party himself or herself who is not presented by counsel. Notice to counsel is to notice to the party, as counsel is charged with the duty to notify the party represented.

Section 3

The parties have the duty to appear the person before the court at the preliminary conference. Counsels appearing without their clients should be specifically authorized to appear for and to bind their clients on the matters covered by the preliminary conference.

Section 4

The parties shall file with the court their respective preliminary conference briefs and serve these on the adverse party in a manner that shall ensure the other party’s receipt of the brief at least one day before the date of the preliminary conference. The briefs shall contain the following: (a) A summary of admitted facts and proposed stipulations; (b) The issues is to be tried and resolved (i.e., for election protests, the alleged frauds or irregularities committed in the conduct of the election; for quo warranto proceedings, the ground for ineligibility or acts of disloyalty); (c) The documents or exhibits to be presented; (d) A manifestation indicating the use of the intent to use discovery procedures or referral to commissioners; (e) The number and names of witnesses, their addresses, and the substance of their respective testimonies. The testimonies of witnesses shall be by affidavits, in question and answer form, which shall serve as their direct testimonies, subject to oral cross-examination; (f) A manifestation of withdrawal of certain protested or counter protested precincts, if this is the case; (g) The proposed number of revision committees and the names of proposes revisors and alternated revisors; and (h) The procedure to be followed in case the election protest or counter protest seeks the revision or examination of ballots, or the verification or re-tabulation of election returns.

Section 5

The failure to file the required brief or to provide the brief’s mandatory contests shall have the same effect as the failure to appear at the preliminary conference.

Section 6

The failure of the protestant/petitioner or the duly authorized counsel to appear at the preliminary conference authorizes the court, as its own initiative, to dismiss the protest, or counter-protest or petition. The failure of the protestee/respondent or of the duly authorized counsel to appear at the preliminary conference may likewise have the effect provided under Section 4(c), Rule 4 of these Rules, i.e., the court may allow the protestant/petitioner to present evidence ex parte and render judgment based on the evidence presented.

Section 7

The court shall issue an order summarizing the matters taken up and the stipulations or agreements reached during the conference within three (3) days following the termination of the preliminary conference. The court shall commence, the starting date of which shall be within five (5) days from the termination of the preliminary conference.