REVISED RULES OF THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL [1991]

TITLE AND CONSTRUCTION Rule 1. Title. These rules shall be known and cited as the "Revised Rules of the House of Representatives Electoral Tribunal." Rule 2. Construction. In case of reasonable doubt, these rules shall be liberally construed in order to achieve a just, expeditious and inexpensive determination and disposition of every contest brought before the Tribunal.

THE TRIBUNAL Rule 3. Composition. The Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the House of Representatives who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system. The Senior Justice in the Tribunal shall be its Chairman. RULE 4.Organization. Upon the designation of the Justice of the Supreme Court and the election of the Members of the House of Representatives who are to compose the House of Representatives Electoral Tribunal pursuant to Sections 17 and 19 of Article VI of the Constitution, the Tribunal shall meet for its organization and adoption of such resolutions as it may deem proper. Notwithstanding the provision of the preceding paragraph, pending the election of the Members of the House of Representatives who shall sit in the Tribunal, the three (3) Justices already designated shall have the authority to act on administrative and interlocutory matters, subject to confirmation by the Tribunal upon its organization. Rule 5. Meetings; Quorum; Executive Committee. The Tribunal shall meet on such days and hours as it may designate or at the call of the Chairman or of a majority of its Members. The presence of five (5) Members with at least one Justice shall be necessary to constitute a quorum. In the absence of the Chairman, the next Senior Justice shall preside, and in the absence of both, the Justice present shall take the chair. In the absence of a quorum and provided there is at least one Justice in attendance, the Members present, who shall not be less than three (3), may constitute themselves into an Executive Committee whose actions shall be subject to confirmation by the Tribunal at its next regular meeting. Rule 6. Place of Meetings. The Tribunal shall meet in the Hall of the Tribunal or at such other place in Metro Manila as it may designate. When in its judgment the interest of justice so requires, it may also meet outside Metro Manila.

Rule 7. Control of Own Functions. The Tribunal shall have exclusive control, direction, and supervision of all matters pertaining to its own functions and operation. Rule 8. Express and Implied Powers. The Tribunal shall exercise all powers as are vested in it by the Constitution or by law, and such other powers as may be necessary or incidental to the accomplishment of its constitutionally or statutorily mandated purpose and functions. Rule 9. Inherent Powers. When performing its functions, the Tribunal shall have inherent power inter alia to: (1) Preserve and enforce order in its immediate presence; (2) Enforce order in proceedings before its or before any of its officials acting under its authority; (3) Compel obedience to its judgments, orders and processes; (4) Compel the attendance of witnesses and the production of evidence in any case or proceeding before it; (5) Administer or cause to be administered oaths in any case or proceeding before it, and in all other cases where it may be necessary in the exercise of its powers; (6) Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and supply deficiencies in its records and proceedings; and (7) Promulgate its own rules of procedure and amend or revise the same. Rule 10. The Chairman; Powers and Duties. The Chairman shall have the following powers and duties: (1) Act as the Chief Executive Officer of the Tribunal; (2) Exercise administrative supervision over the Tribunal, including the Office of the Clerk of the Tribunal and all the divisions; (3) Issue calls for the meetings of the Tribunal and preside over such meetings; (4) Take care that the orders, resolutions, and decisions of the Tribunal are enforced. (5) Appoint, dismiss or otherwise discipline the personnel of the Tribunal in accordance with Civil Service laws and regulations. The confidential employees of every Member shall serve at his pleasure and in no case beyond his own term; and (6) Perform such other functions and acts as may be necessary or appropriate to ensure the independence and efficiency of the Tribunal.

Rule 11. Administrative Staff . The Tribunal shall have a Clerk and a Deputy Clerk. Unless the Tribunal otherwise provides, the administrative staff of the Tribunal shall function in eight (8) divisions, namely: (1) Canvass Board Division; (2) Legal Division; (3) Information Systems and Judicial Records Management Division; (4) Personnel Division; (5) General Services Division; (6) Finance and Budget Division; (7) Accounting Division; and (8) Cash Division. Rule 12. Duties of the Clerk of the Tribunal. The Clerk of the Tribunal shall have the following duties: (1) Receive all pleadings and other documents properly presented, indicating on each such document the date and time when it was filed, and furnishing each Member a copy thereof; (2) Keep a judicial docket wherein shall be entered in chronological order the case and the proceedings had therein; (3) Prepare the calendar of cases; (4) Attend meetings of the Tribunal and keep minutes thereof; (5) Certify under his signature and the seal of the Tribunal all notices, orders, resolutions and decisions of the Tribunal; (6) Execute processes, orders, resolutions and decisions issued by the Tribunal; (7) Keep a judgment book containing a copy of each decision and final order or resolution rendered by the Tribunal in the orders of its dates; and a Book of Entries of Judgments containing in chronological order entries of the dispositive portions of all decisions and final order or resolutions of the Tribunal; (8) Keep an account of the funds received and disbursed relative to the cases; (9) Keep and secure all ballot boxes, election documents, records, papers, files, exhibits, the office seal and other public property belonging to the Tribunal; (10) Perform such other duties as are prescribed by law for clerks of superior courts; and

(11) Keep such other books and perform such other duties as the Tribunal or the Chairman may direct. Rule 13. The Seal. The seal of the Tribunal shall be circular in shape and shall contain in the upper part of the words "House of Representatives Electoral Tribunal;" in the center, the coat of arms of the Republic of the Philippines; and at the base, the worlds "Republic of the Philippines." The seal of the Tribunal shall be affixed to all decisions, orders, rulings or resolutions of the Tribunal, certified copies of official records, and such other documents which the Tribunal may require to be sealed.

ELECTION CONTESTS Rule 14. Jurisdiction. The Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of the Members of the House of Representatives. Rule 15. How Initiated. An election contest is initiated by the filing of a petition of protest or a petition for quo warranto against a Member of the House of Representatives. Rule 16. Election Protest. A verified petition contesting the election of any Member of the House of Representatives shall be filed by any candidate who has duly filed a certificate of candidacy and has been voted for the same office, within ten (10) days after the proclamation of the winner. Rule 17. Quo Warranto. A verified petition for quo warranto contesting the election of a Member of the House of Representatives on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall be filed by any voter within ten (10) days after the proclamation of the winner. Rule 18. Damages. Damages may be granted in election protests or quo warranto proceedings in accordance with law. Rule 19. Extensions of Time. The ten-day period mentioned in Rules 16 and 17 is jurisdictional and cannot be extended. Rule 20. Filing with the Tribunal. Petitions for election protests and quo warranto shall be made by filing personally with the Office of the Clerk of the Tribunal or by sending them by registered mail addressed to the Clerk of the Tribunal, together with fifteen (15) clearly legible copies thereof. In the first case, the Clerk shall endorse on the petition the date and hour of filing. In the second case, the date of the mailing of the petition, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing in the Tribunal. The envelope shall be attached to the record of the case. Rule 21. Summary Dismissal of Election Contest. An election protest or petition for quo warranto may be summarily dismissed by the Tribunal without the necessity of requiring the protestee or respondent to answer if, inter alia:

(1) The petition is insufficient in form and substance; (2) The petition is filed beyond the period provided in Rules 16 and 17 hereof; (3) The filing fee is not paid within the period provided for filing the protest or petition for quo warranto; (4) The cash deposit, or the first P50,000 thereof; is not paid within ten (10) days after the filing of the protest; (5) The petition or copies thereof and the annexes thereto filed with the Tribunal are not clearly legible. ANSWERS AND COUNTER PROTESTS Rule 22. Summons. Upon the filing of the petition, the Clerk of the Tribunal shall forthwith issue the corresponding summons to the protestee or respondent together with a copy of the petition, requiring him within ten (10) days from receipt thereof to file his answer. Rule 23. Answer. The answer may set forth special and affirmative defenses and a counter-claim. The protestee may incorporate in his answer a counterprotest. Such answer must be filed in fifteen (15) clearly legible copies with proof of service of a copy upon the protestant or petitioner. Rule 24. Counter-protest. A counter-protest must be verified and filed within ten (10) days from receipt of the summons and the protest. Such counter-protest much be answered by the counter-protestee within ten (10) days from receipt of a copy thereof. Rule 25. Motion to Dismiss; Demurrer to Evidence. No motion to dismiss or demurrer to evidence shall be entertained. Grounds for a motion to dismiss shall be pleaded as affirmative defenses in the answer to the protest or counter-protest or petition for quo warranto. The Tribunal in the exercised of its discretion may hold a preliminary hearing before it on such grounds. Rule 26. Extensions of Time. No motion for extension of time to file an answer or a counter-protest shall be granted. Rule 27. Failure to Answer; Effect. If no answer is filed to the protest, counterprotest, or the petition for quo warranto within the time limit fixed, a general denial shall be deemed to have been entered. Rule 28. Amendments; Limitations. After the expiration of the period for the filing of the protest, counter-protest or petition for quo warranto, substantial amendments which broaden the scope of the action or introduce an additional cause of action shall not be allowed. Any amendment in matters of form may be admitted at any stage of the proceedings.

When the Tribunal admits an amended petition, it shall require the other party to answer the same within ten (10) days from service of a copy of the amended petition and the resolution admitting the same. Rule 29. Other Pleadings; How Filed. Except for the original petitions of protest or quo warranto which the Tribunal itself serves on the adverse party, all other pleadings shall be filed with the Office of the Clerk of the Tribunal personally of by registered mail in fifteen (15) clearly legible copies and must be accompanied with proof of service upon the adverse party or parties. No action shall be taken on pleadings that fail to comply with the requisites set out in the foregoing paragraph. Rule 30. Proof of Service. Proof of personal service shall consist of a written admission of the party served or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed with the Tribunal immediately upon receipt thereof by the sender or, in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.

FILING FEES, CHARGES, DEPOSITS Rule 31. Filing Fees. No protest, counter-protest or petition for quo warranto shall be deemed filed without the payment to the Tribunal of the filing fee in the amount of Three Thousand (P3,000.00). If a claim for damages or attorney's fees is set forth in a protest, counter-protest or petition for quo warranto, an additional filing fee shall be paid, which shall be, if the sum claimed is: (1) Not more than P20,000.00 - P 200.00 (2) More than P20,000.00 but less than 40,000.00 - 300.00 (3)P40,000.00 or more but less than P60,000.00 - 500.00 (4)P60,000.00 or more but less than P80,000.00 - 700.00 (5)P80,000.00 or more but less than P100,000.00 - 900.00 (6)P100,000.00 or more but less than P150,000.00 - 1,250.00 (7)For each P1,000.00 in excess of P150,000.00 - 10.00 Where the protest, counter-protest or petition for quo warranto is filed by registered mail, it must be accompanied by a postal money order in the amount of the corresponding filing fees.

The required fees must be fully paid within the prescribed time limit mentioned in Rule 16 and 17. Rule 32. Cash Deposit. In addition to the fees mentioned above, each protestant, counter-protestant or petitioner in quo warranto shall make a cash deposit with the Tribunal in the following amounts: (1) In a petition for quo warranto, Five Thousand (P5,000.00) Pesos; (2) If the protest or counter-protest does not require the bringing to the Tribunal of the ballot boxes and other election documents and paraphernalia from the district concerned, Five Thousand (P5,000.00) Pesos; (3) If the protest or counter-protest requires the bringing of ballot boxes and/or election documents and paraphernalia, Five Hundred (P500.00) Pesos for each precinct where the ballot boxes and/or election documents and paraphernalia are required to be brought to the Tribunal; Provided, that in no case shall the deposit be less than Ten Thousand (P10,000.00) Pesos; (4) If the amount of the deposit does not exceed Fifty Thousand (50,000.00) Pesos, the same shall be made in full with the Tribunal within ten (10) days after the filing of the protest or counter-protest; (5) If the deposit exceeds Fifty Thousand (P50,000.00) Pesos a partial deposit of at least Fifty Thousand (50,000.00) Pesos shall be made within ten (10) days after the filing of the protest or counter-protest. The balance shall be paid in such installments as may be required by the Tribunal on at least five (5) days advance notice to the party required to make the deposit. The cash deposit shall be applied by the Tribunal to the payment of all expenses incidental to the bringing of the ballot boxes and election documents to the Tribunal and returning them after the case is terminated, and to the compensation of the Revisors. When the Tribunal determines that the circumstances so demand, it may require additional cash deposits. Any unused cash deposit shall be returned to the protestant, counter-protestant or petitioner after complete termination of the protest, counter-protest or petition for quo warranto. Rule 33. Effect of Failure to Make Cash Deposit. if a party fails to make the cash deposits or additional deposits herein provided within the prescribed time limit, the Tribunal may dismiss the protest, counter-protests, or petition for quo warranto, or take such action as it may deem equitable under the circumstances. Rule 34. Legal Fees. The following legal fees shall be charged and collected: (1) For furnishing certified transcripts of records or copies of any record, decision, resolution or entry of which any person is entitled to demand and receive a copy, for each page ......... Three (P3.00) Pesos;

(2) For furnishing certified transcripts of notes taken by stenographers to every person requesting the same, for each page of not less than two hundred and fifty words.......... Five (P5.00) Pesos; (3) For every search for anything above a year's standing and reading the same.......... Five (P5.00) Pesos; and (4) For every certificate not on process .......... Twenty (P20.00) Pesos. PRODUCTION OF ELECTION DOCUMENTS AND REVISION OF BALLOTS Rule 35. When Ballot Boxes and Election Document's Brought Before Tribunal. Where the allegations in a protest or counter-protest so warrant, or whenever in its opinion the interest of justice so demands, the Tribunal shall immediately order the list of voters, ballot boxes and their keys, and ballots and documents used in the election to be brought before the Tribunal. Certified copies of the Statement of Votes by the municipal Board of Canvassers in all the municipalities of the district concerned shall also be obtained. Once these are received, they shall be kept and held secure in the offices of the Tribunal in the care and custody of the Clerk of the Tribunal and under the authority of the Chairman. The expenses incident to the bringing of the ballot boxes and election documents before the Tribunal, and returning them after the termination of the case, as well as the compensation of the Revisors, shall be charged against the party requesting the revision, and paid from his cash deposit. Rule 36. Revision Teams. Upon receipt of the paraphernalia and documents mentioned in the next preceding section, the Tribunal shall create such number of revision teams as it may deem necessary to complete the revision of the ballots, within the period hereinbelow provided. Each revision team shall be composed of a Head Revisor, who shall be designated by the Tribunal, a representative designated by the Protestant, and a representative designated by the Protestee. The Tribunal shall designate one of its officials to supervise the revision. At least five (5) days before the start of the revision, the parties shall submit to the Tribunal, through the Clerk of the Tribunal, the names of their respective Revisors (equal to the number of Revision Teams to be formed), and an equal number of alternates. Rule 37. Revisors; Compensation. The Tribunal shall fix the compensation of the Revisors which, unless otherwise provided by the Tribunal, shall be One Hundred Pesos (P100.00) for each Revisor and One Hundred Twenty Pesos (P120.00) for the Head Revisor for every ballot box the contents of which are examined. Rule 38. Order to Start Revision. The Tribunal, either motu proprio or upon motion of either party, shall issue an order setting the date for the start of the revision of ballots. Except for failure of a party to make an additional cash deposit required by the Tribunal, the revision, once started, shall continue without interruption until completed within sixty (60) working days.

The revision of ballots shall not be delayed or postponed by reason of the absence of any revisor or his alternate as long as the Head Revisor and one member of the revision team are present. Rule 39. Procedure During Revision. During the revision, disputed ballots shall be numbered consecutively with colored pencil for purposes of identification, in the presence and under the direction of the official designated by the Tribunal to supervise the revision. No arguments in support of or against objections or claims to ballots shall be entertained. Such arguments shall be embodied by the parties in their Memoranda. After examination, the ballots shall be returned to the respective boxes under lock, but disputed ballots shall be placed in a separate envelope sealed and signed by the revisors before being returned to the box. Rule 40. Where Revision Done; Who May Be Present. The revision of ballots shall be undertaken in the offices of the Tribunal. During the revision only the Members of the Tribunal; the Clerk of the Tribunal or his Deputy; the Tribunal employees supervising or assisting in the revision; the revisors of their alternates; and the parties, their attorneys or duly authorized representatives, shall have access to the area where the revision is taking place. Rule 41. Report on Result of Revision. The revision teams shall submit a report on the result of their revision for every ballot box the contents of which they have examined, on a form to be provided by the Tribunal. Copies of such report, duly signed by the members of the revision team, shall be furnished the protestant and the protestee.

TECHNICAL EXAMINATION Rule 42. Motion for Technical Examination; Contents. Within five (5) days after completion of revision, either party may move for a technical examination, specifying: (1) The nature of the technical examination requested (fingerprint examination, examination of the genuineness of ballots, etc.); (2) The documents to be subjected to technical examination; (3) The objections made in the course of the revision of ballots which he intends to substantiate with the results of the technical examination; and (4) The ballots covered by such objections. Rule 43. Technical Examination; Time Limits. The Motion for technical examination may be granted by the Tribunal in its discretion and under such conditions as it may impose. If granted, the movant shall schedule the technical examination, to start within ten (10) calendar days from the time he was notified of the granting of his Motion, notifying the other party and the Clerk of the Tribunal at least five (5) days in advance thereof. The technical examination shall be competed within the period allowed by the Tribunal in no case to exceed thirty (30) working days. The other party may attend the technical examination, either personally or through a representative, but the

technical examination shall proceed with or without his attendance, provided due notice has been given to him. If both parties request a technical examination, such examinations shall, as far as practicable, be conducted simultaneously. The technical examination shall be conducted at the expense of the movant and under the supervision of the Clerk of the Tribunal or his duly authorized representative. Rule 44. Experts; Who Shall Provide. Experts necessary for the conduct of a technical examination shall be provided by the party requesting the same. The other party may, however, also avail himself of the assistance of his own expert who may observe, but not interfere with, the examination conducted by the movant's experts. Rule 45. Technical Examination Not Interrupted. Once started, the technical examination shall continue every working day until completed or until exhaustion of the period granted for such purpose. Rule 46. Photographing or Photocopying. Photographing or photocopying of ballots or election documents, if allowed by the Tribunal, shall be done within Tribunal premises, under the supervision of the Clerk of the Tribunal or his duly authorized representative, with the party providing his own photographing equipment. Rule 47. Extension of Period for Technical Examination; When Granted. Extensions of the period for conducting technical examination shall not be granted by the Tribunal except upon a clear showing that the party conducting the examination has diligently utilized the period originally granted him for that purpose but, for compelling reasons not imputable to him, could not finish the technical examination within the period originally granted. Rule 48. Scope of Technical Examination. Only the ballots and other election documents allowed by the Tribunal to be examined shall be subject to such examination. Rule 49. Matching; When Allowed. Matching of ballots with detachable coupons may be allowed by the Tribunal only after a showing that the voter whose ballot is to be matched has waived the secrecy of his ballot or that he is not a registered voter of the precinct where he voted.

SUBPOENAS Rule 50. Who may Issue. Subpoena Ad Testificandum or Subpoena Duces Tecum may be issued by the Tribunal motu proprio, or upon request of any of the parties. Rule 51. Form and Contents. A subpoena shall be signed by the Clerk or Deputy Clerk of the Tribunal. It shall state the name of the Tribunal and the title of the action; it shall be directed to the person whose attendance is required, and in the case of a Subpoena Duces Tecum, it shall also contain a reasonable description of the books, documents or things demanded which may appear prima facie relevant.

Rule 52. Authority of Hearing Commissioners to issue Subpoena. Hearing commissioners may be authorized by the Tribunal to issue subpoenas in cases assigned to them for reception of evidence.

RECEPTION OF EVIDENCE Rule 53. Hearings. The Tribunal may delegate the hearing of cases or the reception of evidence to a Hearing Commissioner. Rule 54. Who May Be Designated as Hearing Commissioner. Any Member of the Tribunal or an employees of the Tribunal who is a lawyer may be designated as a Hearing Commissioner to receive evidence. Rule 55. Reception of Evidence By Hearing Commissioner. Reception of evidence by a Hearing Commissioner shall be done at the offices of the Tribunal, unless the Tribunal, for good cause shown, directs the reception of such evidence in some other place.

The Hearing Commissioner designated by the Tribunal shall fix the date for the commencement of the reception of evidence at a preliminary conference with the parties. Rule 56. Cross-Examination; Effect of Absence of party. In the reception of evidence of a party before a Hearing Commissioner, the other party has a right to be present and to cross-examine the witnesses presented. The Hearing Commissioner may proceed ex parte even in the absence of the other party provided he has been duly notified of the hearing. If a party presenting evidence fails to appear at the time and place appointed, the Hearing Commissioner may adjourn the proceedings to a future day, giving notice to the absent party or his attorney of the adjournment. The delay shall be changed to the party's period to present evidence. Rule 57. Hearing Commissioner to Rule on Objections. The Hearing Commissioner receiving the evidence shall rule on objections made in the course of the direct or cross-examination, but his rulings shall be subject to review by the Tribunal. An exception to a ruling of the Hearing Commissioner shall not suspend the reception of evidence. Rule 58. Procedure After hearing by Commissioner. The hearing Commissioner shall submit the evidence presented, together with the transcript of the proceedings held before him to the Tribunal. Rule 59. Time Limit for Presentation of Evidence. Each party is given a period of thirty (30) working days to complete the presentation of his evidence, including the formal offer thereof. This period shall begin to run from the first date set for the

presentation of the party's evidence, either before the Tribunal or before a Hearing Commissioner. Once commenced, presentation of the evidence-in-chief shall continue every working day until completed or until the period granted for such purpose is exhausted. The hearing for any particular day or days may be postponed or cancelled upon the request of the party presenting evidence. The delay caused by such postponement or cancellation shall be charged to his period for presenting evidence. The following shall not be charged against the period allotted to either party: (1) The period when presentation of the party's evidence is suspended by order of the Tribunal or the Hearing Commissioner by reason of the pendency of a prejudicial question which should first be resolved before the hearing can continue. (2) The time taken up in the cross-examination of his witnesses by the other party. A party may present rebuttal or sub-rebuttal evidence during the remainder of the thirty (30)-day-period that he has not utilized for the presentation of his evidence-in-chief. Rule 60. Evidence Not Formally Presented. Evidence not formally presented shall be deemed waived and shall not be considered by the Tribunal in deciding the case. EVIDENCE BY DEPOSITION Rule 61. When Allowed. With leave of the Tribunal, any party may take the deposition of his witnesses in lieu of presenting them before the Tribunal or a Hearing Commissioner. The period used by a party for taking depositions shall be charge against the thirty (30)day-period allotted to him to present his evidence. Rule 62. When Commenced; Contents of Notice. The taking of the deposition shall commence within ten (10) days after leave therefore is granted. No deposition shall be taken unless notice thereof has been given to the other party at least five (5) days in advance of the taking of such deposition. Such notice shall state the venue, which must be a public office; the time of the taking of the deposition; the officer before whom the deposition shall be taken; and the names and addresses of the deponents. Rule 63. Who May Take Depositions. Depositions may be taken before any of the following officers who may be designated by the corresponding Executive Judge upon the request of the Tribunal: (1) Any Judge of the Regional Trial Court. (2) Any Judge of the Metropolitan Trial Court; the Municipal Trial Court in Cities; the Municipal Trial Court, or the Municipal Circuit Trial Court.

Any such officer shall not be related to any of the parties or counsel within the fourth degree of consanguinity or affinity. Objection on such ground shall be made to the Executive Judge within two (2) days after notification of the designation. Rule 64. Cross-Examination of Witnesses. The opposing party shall have the right to attend the taking of depositions and cross-examine the witnesses presented. Failure to do so shall be deemed a waiver of such right. Objections to questions asked during the taking of depositions shall be ruled upon by the Judge taking the deposition subject to review by the Tribunal. Rule 65. Submission of Depositions. The officer taking the deposition shall, within ten (10) days after the taking of the depositions, submit to the Tribunal the original and fourteen (14) copies of the depositions taken by him together with the exhibits presented in the course thereof, with proof of service upon the parties.

MEMORANDA Rule 66. When Submitted; Contents. Within ten (10) days from receipt of the Tribunal's ruling on the last offer of evidence by the Protestee, the parties shall each submit their respective Memoranda simultaneously, setting both briefly: (1) The facts of the case; (2) A complete statement of all the arguments submitted in support of their respective views of the case; (3) Objections to the ballots adjudicated to or claimed by the other party in the revision of ballots; and (4) Refutation of the objections of the other party to the ballots adjudicated or claimed in the revision of ballots. All evidence, as well as objections to evidence presented by the other party, shall be referred to or contained either in the memorandum or in an appendix thereto. Rule 67. Supplemental or Rebuttal Memorandum. When required or allowed by the Tribunal, a party shall file a Supplemental or Rebuttal Memorandum.

VOTING Rule 68. Votes Required. In passing on all questions submitted to the Tribunal, all the Members present, including the Chairman, shall vote. For the rendition of decisions and the adoption of formal resolutions, the concurrence of five (5) Members shall be necessary.

Rule 69. Rulings in Hearings Before Tribunal. During hearings before the Tribunal, the Chairman shall decide all questions raised in connection with the examination of witnesses and the admission of evidence, and his ruling shall be deemed as made by the Tribunal. If a Member should ask that a question be previously decided in consultation, the Chairman shall act only after the matter has been voted upon.

DECISIONS Rule 70. Procedure in Deciding Contest. In rendering its decisions, the Tribunal shall follow the procedure prescribed for the Supreme Court in Section 13 and 14, Article VIII of the Constitution. Rule 71. Rendition of Decisions. The decisions of the Tribunal shall, as far as practicable, be rendered within ninety (90) days from the date the Memoranda are submitted where no appreciation of ballots is involved or from the date such appreciation is completed. Rule 72. Promulgation of Decisions. After the judgment and dissenting opinions, if any, are signed, they shall be delivered for filing to the Clerk of the Tribunal who shall cause true copies thereof to be served upon the parties or their counsel, personally or by registered mail. Rule 73. Finality of Decisions. The decisions shall become final ten (10) days after receipt of copy thereof by the parties or their counsel if no Motion for Reconsideration is filed. No motion shall entertained for the reopening of a case but only for the reconsideration of a decision under the evidence already of records. A party may file a Motion for Reconsideration within ten (10) days from service of a copy of the decision. No party may file more than one (1) Motion for Reconsideration, copy of which shall be served upon the adverse party who shall answer it within five (5) days after receipt thereof. If a Motion for Reconsideration is denied, the decision shall become final and executory upon service on the parties of the resolution disposing of the Motion for Reconsideration. If a Motion for Reconsideration is granted, the party adversely affected may move to reconsidered within ten (10) days from receipt of the resolution granting the Motion for Reconsideration; otherwise, the decision as reconsidered shall become final and executory after the lapse of said period. Rule 74. Entry of Judgment. The judgment shall be entered by the Clerk of the Tribunal upon its finality. The recording of the judgment in the Book of Entries of Judgments shall constitute its entry. The record shall contain the dispositive part of the judgment and shall be signed by the Clerk of the Tribunal, with a certificate that such judgment has become final and executory. Rule 75. Procedure After Finality of Decision. As soon as a decision becomes final, notice thereof shall be sent to the House of Representatives, the President of the Philippines, and the Commission on Audit. The originals of the decisions of the Tribunal shall be kept in bound form in the archives of the Tribunal. Decisions shall be published

in the Official Gazette.

COSTS Rule 76. When Allowed. Costs shall be allowed to the prevailing party as a matter of course, but the Tribunal shall have the power, for special reasons, to apportion the costs, as may be equitable. The prevailing party may recover the following costs: (1) For his own attendance, and that of his attorney, down to and including final judgment, One Hundred Pesos (P100.00); (2) All lawful fees charged against him by the Tribunal, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all processes; (3) The lawful fees of a commissioner (other than an officer or employees of the Tribunal), may also be taxed against the defeated party, or apportioned as justice requires. Rule 77. Costs When Action Dismissed. If a protest, counter-protest or a petition for quo warranto is dismissed, the Tribunal nevertheless shall have the power to render judgment for costs. Rule 78. Costs When Action Frivolous. When a protest, counter-protest or a petition for quo warranto is found to be frivolous, double or treble costs may be imposed by the Tribunal on the protestant, counter-protestant or petitioner, as the case may be, which shall be paid by his attorney if so ordered by the Tribunal. Rule 79. Attorney's Fees as Costs. No attorney's fees shall be taxed as costs against the adverse party, except as provided by the Civil Code. But this section shall have no relation to the fees to be charge by an attorney to his client.

SUPPLEMENTARY RULES Rule 80. Applicability. The following shall be applicable by analogy or in suppletory character and effect in so far as they may be applicable and are not inconsistent with these Rules and with the orders, resolutions and decisions of the Tribunal, namely: (1) The Rules of Court; (2) Decisions of the Supreme Court; (3) Decisions of the Electoral Tribunals. AMENDMENT

Rule 81. Amendment. The Tribunal may, at any time, amend these Rules. Any amendment adopted by the Tribunal shall be effective fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

EFFECTIVITY Rule 82. Effectivity. These Rules shall take effect fifteen (15) days from their publication in the Official Gazette or in a newspaper of general circulation and, notwithstanding the periodic dissolution of the Tribunal, shall be operative until amended or substituted by the Tribunal. Approved, Quezon City, this 18th day of November 1991.