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.
