ELECTION CONTESTS

SECTION 1. Jurisdiction of regional trial courts. - Regional trial courts shall have exclusive original jurisdiction over all election contests involving elective municipal officials.

SEC. 2. Jurisdiction of municipal trial courts. - Municipal trial courts shall have exclusive original jurisdiction over all election contests involving elective barangay officials.

SEC. 3. How initiated. - An election contest is initiated by the filing of an election protest or a petition for quo warranto against an elective municipal or barangay official. An election protest or a petition for quo warranto shall be filed directly with the proper 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.

SEC. 4. Modes of service and filing. - Service and filing of pleadings, including the initiatory petition and other papers, shall be done personally. Except with respect to papers emanating from the court, a resort to other modes of service must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule shall be cause to consider the pleading or paper as not filed.

SEC. 5. Election protest. - A petition contesting the election or returns of an elective municipal or barangay official shall be filed with the proper regional trial court or municipal trial court by any 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 Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.

SEC. 6. Quo Warranto. - A petition for quo warranto against an elective municipal or barangay official shall be filed with the proper regional trial court or municipal trial court by any registered voter who has voted in the election concerned. The party filing the petition shall be designated as the petitioner; the adverse party shall be known as the respondent.

SEC. 7. Petition must be verified and accompanied by a certificate of non-forum shopping. - 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 the allegations therein are true and correct of affiant's own knowledge or based on authentic records. A verification based on "information and belief" or upon the "knowledge, information and belief" is not a sufficient verification. 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 petition or one with insufficient verification or unaccompanied by a certificate of non-forum shopping shall be dismissed outright and shall not suspend the running of the reglementary period to file an election protest or petition for quo warranto.

SEC. 8. Period to file protest or petition; non-extendible. - The election protest or petition for quo warranto shall be filed within the non-extendible period of ten days following the date of proclamation.

SEC. 9. Pendency of pre-proclamation controversy. - The pendency of a pre-proclamation controversy involving the validity of the proclamation as defined by law shall suspend the running of the period to file an election protest or petition for quo warranto.

SEC. 10. COMELEC judgment in disqualification case. - A decision of the Commission on Elections, either in division or en banc, in a disqualification case shall not bar the filing of a petition for quo warranto based on the same ground, except when the Supreme Court has affirmed the COMELEC decision.

SEC. 11. Contents of the protest or petition. - An election protest or petition for quo warranto shall specifically state the following facts:

1. the position involved;

2. the date of proclamation; and

3. the number of votes credited to the parties per proclamation. An election protest shall also state:

4. the total number of precincts of the municipality or the barangay concerned;

5. the protested precincts and votes of the parties in the protested precincts per the Statement of Votes By Precinct or, if the votes of the parties are not specified, an explanation why the votes are not specified; and

6. a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the protested precincts.

SEC. 12. Raffle of cases. - The Supreme Court shall designate the courts which shall take cognizance of election protests and petitions for quo warranto. Assignment of cases to such courts shall be done exclusively through raffle conducted by the executive judge or by the judges designated by the Supreme Court. No court may assume jurisdiction over an election contest unless assigned to it by raffle. Twenty-four hours before the raffle, the clerk of court must serve notice personally on the parties, stating its date and time. Proof of service shall be submitted. 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 of trial for compelling reasons to avoid a miscarriage of justice.

SEC. 13. Summary dismissal of election contest. - The court shall summarily dismiss, motu proprio, an election protest, counter-protest or petition for quo warranto on any of the following grounds:

1. The court has no jurisdiction over the subject matter;

2. The petition is insufficient in form and content as required in Section 11 hereof;

3. The petition is filed beyond the period prescribed in these Rules;

4. The filing fee is not paid within the period for filing the election protest or petition for quo warranto; and

5. In case of protest where a cash deposit is required, the cash deposit is not paid within five days from the filing of the protest.

                                                                    

The Court has already settled the question of when the jurisdiction of the COMELEC ends and when that of the HRET begins. The proclamation of a congressional candidate following the election divests COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative

Mandated Functions of Comelec

1. Enforce and administer all laws and regulations relative to the conduct of and elections, plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay official decided by trial courts of limited jurisdiction.
3. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purposes of ensuring free, orderly, honest, peaceful credible elections.
5. Register, after sufficient publication, political parties, organizations, of coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens arms of the Commission on Elections.
6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of elections laws, including acts or omissions constituting election frauds, offenses, and malpractices.
7. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.
8. Recommed to the President the removal of any officer of employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.
9. Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.