CIRCULAR NO. 14-93 July 15, 1993 3.

Where the dispute involves real properties located in

TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL
CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG
PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT
CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII,
TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE
LOCAL GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known
as the local Government Code of 1991, effective on January 1, 1992, and which
repealed P.D. 1508, introduced substantial changes not only in the authority
granted to the Lupong Tagapamayapa but also in the procedure to be observed
in the settlement of disputes within the authority of the Lupon.
In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature
issuance of certifications to file actions in court by the Lupon or Pangkat
Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the following
guidelines are hereby issued for the information of trial court judges in cases
brought before them coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now replaced
by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A.
7160, otherwise known as the Local Government Code of 1991), and prior
recourse thereto is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or
instrumentality thereof;
2. Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions;
different cities and municipalities, unless the parties thereto
agree to submit their difference to amicable settlement by an
appropriate Lupon;
4. Any complaint by or against corporations, partnership or
juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants or
respondents (Sec. 1, Rule VI, Katarungang Pambarangay
Rules);
5. Disputes involving parties who actually reside in barangays
of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto agree
to submit their differences to amicable settlement by an
appropriate Lupon;
6. Offenses for which the law prescribes a maximum penalty
of imprisonment exceeding one (1) year or a fine over five
thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:
a. Criminal cases where accused is under
police custody or detention (see Sec. 412
(b) (1), Revised Katarungang Pambarangay
Law);
b. Petitions for habeas corpus by a person
illegally deprived of his rightful custody
over another or a person illegally deprived
or on acting in his behalf;
c. Actions coupled with provisional
remedies such as preliminary injunction,

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 attachment, delivery of personal property
and support during the pendency of the
action; and
d. Actions which may be barred by the
Statute of Limitations.
9. Any class of disputes which the President may determine in
the interest of justice or upon the recommendation of the
Secretary of Justice;
10. Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-
employee relations (Montoya vs. Escayo, et al., 171 SCRA 442;
Art. 226, Labor Code, as amended, which grants original and
exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the
Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may
be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA
459).
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation,
as implemented by the Katarungang Pambarangay Rules and Regulations
promulgated by the Secretary of Justice, the certification for filing a complaint in
court or any government office shall be issued by Barangay authorities only upon
compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon
Chairman (Punong Barangay), certifying that a confrontation
of the parties has taken place and that a conciliation
settlement has been reached, but the same has been
subsequently repudiated (Sec. 412, Revised Katarungang
Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
III. All complaints and/or informations filed or raffled to your sala/branch of the
Regional Trial Court shall be carefully read and scrutinized to determine if there
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2. Issued by the Pangkat Secretary and attested by the
Pangkat Chairman, certifying that:
a. a confrontation of the parties took place
but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules; or
b. that no personal confrontation took
place before the Pangkat through no fault
of the complainant (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the proper
party on the ground of failure of settlement where the dispute
involves members of the same indigenous cultural
community, which shall be settled in accordance with the
customs and traditions of that particular cultural community,
or where one or more of the parties to the aforesaid dispute
belong to the minority and the parties mutually agreed to
submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by
the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang
Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate (Sec. 410 [b], Revised Katarungang
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang
Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd
par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the
Punong Barangay shall not cause the issuance at this stage
of a certification to file action, because it is now mandatory
for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.
has been compliance with prior Barangay conciliation procedure under the
Revised Katarungang Pambarangay Law and its Implementing Rules and
Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the
requirements hereinabove enumerated in par. II;
IV. A case filed in court without compliance with prior Barangay conciliation
which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s,
not for lack of jurisdiction of the court but for failure to state a cause of action or
prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or
the court may suspend proceedings upon petition of any party under Sec. 1, Rule
21 of the Rules of Court; and refer the case motu proprio to the appropriate
Barangay authority, applying by analogy Sec. 408 [g], 2nd par., of the Revised
Katarungang Pambarangay Law which reads as follows:
Republic of the Philippines
Supreme Court
Manila
A.M. No. 02-6-02-SC
RULE ON ADOPTION
A. DOMESTIC ADOPTION
SECTION 1. Applicability of the Rule.  – This Rule covers the domestic adoption of
Filipino children.
SEC. 2. Objectives. –  (a) The best interests of the child shall be the paramount
consideration in all matters relating to his care, custody and adoption, in
accordance with Philippine laws, the United Nations (UN) Convention on the
Rights of the Child, UN Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special Reference to Foster Placement
and Adoption, Nationally and Internationally, and the Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption.
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The court in which non-criminal cases not falling within the
authority of the Lupon under this Code are filed may at any
time before trial, motu proprio refer case to the Lupon
concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular
shall be effective immediately.
Manila, Philippines. July 15, 1993.
(Sgd.) ANDRES R. NARVASA
Chief Justice
(b) The State shall provide alternative protection and assistance through foster
care or adoption for every child who is a foundling, neglected, orphaned, or
abandoned. To this end, the State shall:
(i) ensure that every child remains under the care and custody of his parents and
is provided with love, care, understanding and security for the full and
harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child’s extended
family is available shall adoption by an unrelated person be considered.
(ii) safeguard the biological parents from making hasty decisions in relinquishing
their parental authority over their child;
(iii) prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) ensure that government and private sector agencies have the capacity to
handle adoption inquiries, process domestic adoption applications and offer
adoption-related services including, but not limited to, parent preparation and
post-adoption education and counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and
culture in his native land, and only when this is not available shall inter-country
adoption be considered as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority
and custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child as
“legally available for adoption” and his custody transferred to the Department of
Social Welfare and Development or to any duly licensed and accredited child-
placing or child-caring agency, which entity shall be authorized to take steps for
the permanent placement of the child.
SEC. 3. Definition of Terms. –  For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of the filing of
the petition for adoption.
(b) “A child legally available for adoption” refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly licensed and
accredited child-placing or child-caring agency, freed of the parental authority of
his biological parents, or in case of rescission of adoption, his guardian or
adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and willingly
relinquish parental authority over him in favor of the Department.
(d) “Involuntarily committed child” is one whose parents, known or unknown,
have been permanently and judicially deprived of parental authority over him due
to abandonment; substantial, continuous or repeated neglect and abuse; or
incompetence to discharge parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Register as a “foundling.”
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(f)”Abandoned child” refers to one who has no proper parental care or
guardianship or whose parents have deserted him for a period of at least six (6)
continuous months and has been judicially declared as such.
(g) “Dependent child” refers to one who is without a parent, guardian or custodian
or one whose parents, guardian or other custodian for good cause desires to be
relieved of his care and custody and is dependent upon the public for support.
(h) “Neglected child” is one whose basic needs have been deliberately not
attended to or inadequately attended to, physically or emotionally, by his parents
or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without
proper shelter.
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated,
exploited, overworked or made to work under conditions not conducive to good
health or made to beg in the streets or public places, or placed in moral danger,
or exposed to drugs, alcohol, gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and accredited by
the Department to provide comprehensive child welfare services including, but
not limited to, receiving applications for adoption, evaluating the prospective
adoptive parents and preparing the adoption home study report.
(1) “Child-caring agency” refers to an agency duly licensed and accredited by the
Department that provides 24-hour residential care services for abandoned,
orphaned, neglected or voluntarily committed children.
(m) “Department” refers to the Department of Social Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the written and notarized
instrument relinquishing parental authority and committing the child to the care
and custody of the Department executed by the child’s biological parents or in
their absence, mental incapacity or death, by the child’s legal guardian, to be
witnessed by an authorized representative of the Department after counseling
and other services have been made available to encourage the biological parents
to keep the child.
(o) “Child Study Report” refers to a study made by the court social worker of the
child’s legal status, placement history, psychological, social, spiritual, medical,
ethno-cultural background and that of his biological family needed in determining
the most appropriate placement for him.
(p) “Home Study Report” refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide a home
that meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time during which a social
worker oversees the adjustment and emotional readiness of both adopters and
adoptee in stabilizing their filial relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of
science in social work as a minimum educational requirement and who has
passed the government licensure examination for social workers as required by
Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it appear in
the birth records that a certain child was born to a person who is not his
biological mother, thus causing such child to lose his true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by
professionally-trained social workers of the Department, the social services units
of local governments, private and government health facilities, Family Courts,
licensed and accredited child-caring and child-placement agencies and other
individuals or entities involved in adoption as authorized by the Department.
(v) “Residence” means a person’s actual stay in the Philippines for three (3)
continuous years immediately prior to the filing of a petition for adoption and
which is maintained until the adoption decree is entered. Temporary absences
for professional, business, health, or emergency reasons not exceeding sixty (60)
days in one (1) year does not break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in
the Philippines and is in possession of a valid passport or travel documents and
visa.
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SEC. 4. Who may adopt.  – The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude; who is emotionally and psychologically capable of caring for
children, at least sixteen (16) years older than the adoptee, and who is in a
position to support and care for his children in keeping with the means of the
family. The requirement of a 16-year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological parent of the
adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino
nationals: Provided,  That his country has diplomatic relations with the Republic
of the Philippines, that he. has been living in the Philippines for at least three (3)
continuous years prior to the filing of the petition’ for adoption and maintains
such residence until the adoption decree is entered, that he has been certified by
his diplomatic or consular office or any appropriate government agency to have
the legal capacity to adopt in his country, and that his government allows the
adoptee to enter his country as his adopted child. Provided, further,  That the
requirements on residency and certification of the alien’s qualification to adopt in
his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth (4 th) degree of consanguinity or affinity of the
Filipino spouse.
(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate chili of one spouse by the other
spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided,
however,  That the other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate
child of the other, joint parental authority shall be exercised by the spouses.
SEC. 5. Who may be adopted.  – The following may be adopted:
(1)    Any person below eighteen (18) years of age who has been voluntarily
committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or
judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to
that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said
person has been consistently considered and treated by the adopters as their
own child since minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided,  That no
proceedings shall be initiated within six (6) months from the time of death of
said parents.
(7) A child not otherwise disqualified by law or these rules.
SEC. 6. Venue.  – The petition for adoption shall be filed with the Family Court of
the province or city where the prospective adoptive parents reside.
SEC. 7. Contents of the Petition.  – The petition shall be verified and specifically
state at the heading of the initiatory pleading whether the petition contains an
application for change of name, rectification of simulated birth, voluntary or
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involuntary commitment of children, or declaration of child as abandoned,
dependent or neglected.
1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and legal
rights; is of good moral character; has not been convicted of any crime involving
moral turpitude; is emotionally and psychologically capable of caring for children;
is at least sixteen (16) years older than the adoptee, unless the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent; and is
in a position to support and care for his children in keeping with the means of the
family and has undergone pre-adoption services as required by Section 4
of Republic Act No. 8552.
2)     If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(d) That he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his country
and his government allows the adoptee to enter his country as his adopted child
and reside there permanently as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such residence until the
adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt in his
country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth
degree of consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse;
or
(iii)    is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino
spouse.
3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial
accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption
except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse
signified written consent thereto, or
(c) if the spouses are legally separated from each other.
5) If the adoptee is a foundling, the petition shall allege the entries which should
appear in his birth certificate, such as name of child, date of birth, place of birth, if
known; sex, name and citizenship of adoptive mother and father, and the date
and place of their marriage.
6) If the petition prays for a change of name, it shall also state the cause  or
reason for the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school
records.
(b) That the adoptee is not disqualified by law to be adopted.
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(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to Section 5,
Rule 7 of the 1997 Rules of Civil Procedure.
Sec. 8. Rectification of Simulated Birth.  – In case the petition also seeks
rectification of a simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic
Act No. 8552 and the application for rectification of the birth registration and the
petition for adoption were filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the
adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as
his own child.
SEC. 9. Adoption of a foundling, an abandoned, dependent or neglected child. –  In
case the adoptee is a foundling, an abandoned, dependent or neglected child, the
petition shall allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or
neglected;
(b) The names of the parents, if known, and their residence. If the child has no
known or living parents, then the name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under
whose care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is authorized to
give its consent.
SEC. 10. Change of name.  – In case the petition also prays for change of name,
the title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
SEC. 11. Annexes to the Petition.  – The following documents shall be attached to
the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and
school records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or
the child-placement agency, child-caring agency, or the proper
government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee,
if any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10)
years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or consular office or
any appropriate government agency that he has the legal capacity to adopt in his
country and that his government allows the adoptee to enter his country as his
own adopted child unless exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or residing
abroad but qualified to adopt, the home study report by a foreign
adoption agency duly accredited by the Inter-Country Adoption Board; and
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F. Decree of annulment, nullity or legal separation of the adopter as well as that
of the biological parents of the adoptee, if any.
SEC. 12. Order of Hearing.  – If the petition and attachments are sufficient in form
and substance, the court shall issue an order which shall contain the following:
(1) the registered name of the adoptee in the birth certificate and the names by
which the adoptee has been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from
the date of the issuance of the order and shall direct that a copy thereof be
published before the date of hearing at least once a week for three successive
weeks in a newspaper of general circulation in the province or city where the
court is situated; Provided,  that in case of application for change of name, the
date set for hearing shall not be within four (4) months after the last publication
of the notice nor within thirty (30) days prior to an election.
The newspaper shall be selected by raffle under the supervision of the Executive
Judge.
(5) a directive to the social worker of the court, the social service office of the
local government unit or any child-placing or child-caring agency, or the
Department to prepare and submit child and home study reports before the
hearing if such reports had not been attached to the petition due to unavailability
at the time of the filing of the latter; and
(6) a directive to the social worker of the court to conduct counseling sessions
with the biological parents on the matter of adoption of the adoptee and submit
her report before the date of hearing.
At the discretion of the court, copies of the order of hearing shall also be
furnished the Office of the Solicitor General through the provincial or city
prosecutor, the Department and the biological parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition, notice to the
Solicitor General shall be mandatory.
SEC. 13. Child and Home Study Reports.  – In preparing the child study report on
the adoptee, the concerned social worker shall verify with the Civil Registry the
real identity and registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility of the social
worker to register the adoptee and secure a certificate of foundling or late
registration, as the case may be.
The social worker shall establish that the child is legally available for adoption
and the documents in support thereof are valid and authentic, that the adopter
has sincere intentions and that the adoption shall inure to the best interests of
the child.
In case the adopter is an alien, the home study report must show the legal
capacity to adopt and that his government allows the adoptee to enter his
country as his adopted child in the absence of the certification required under
Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that there are
grounds to deny the petition, he shall make the proper recommendation to the
court, furnishing a copy thereof to the petitioner.
SEC. 14. Hearing.  – Upon satisfactory proof that the order of hearing has been
published and jurisdictional requirements have been complied with, the court
shall proceed to hear the petition. The petitioner and the adoptee must personally
appear and the former must testify before the presiding judge of the court on the
date set for hearing.
The court shall verify from the social worker and determine whether the
biological parent has been properly counseled against making hasty decisions
caused by strain or anxiety to give up the child; ensure that all measures to
strengthen the family have been exhausted; and ascertain if any prolonged stay
of the child in his own home will be inimical to his welfare and interest.
SEC. 15. Supervised Trial Custody.  – Before issuance of the decree of adoption,
the court shall give the adopter trial custody of the adoptee for a period of at
least six (6) months within which the parties are expected to adjust
psychologically and emotionally to each other and establish a bonding
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relationship. The trial custody shall be monitored by the social worker of the
court, the Department, or the social service of the local government unit, or the
child-placement or child-caring agency which submitted and prepared the case
studies. During said period, temporary parental authority shall be vested in the
adopter.
The court may, motu propria  or upon motion of any party, reduce the period or
exempt the parties if it finds that the same shall be for the best interests of the
adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-month trial custody except the
following:
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse the latter’s relative within the fourth (4th) degree of consanguinity or
affinity.
If the child is below seven (7) years of age and is placed with the prospective
adopter through a pre-adoption placement authority issued by the Department,
the court shall order that the prospective adopter shall enjoy all the benefits to
which the biological parent is entitled from the date the adoptee is placed with
him.
The social worker shall submit to the court a report on the result of the trial
custody within two weeks after its termination.
SEC. 16. Decree of Adoption.  – If the supervised trial custody is satisfactory to
the parties and the court is convinced from the trial custody report and the
evidence adduced that the adoption shall redound to the best interests of the
adoptee, a decree of adoption shall be issued which shall take effect as of the
date the original petition was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon
expiration of the 15-day reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the
certificate of finality to the Civil Registrar where the child was originally registered
within thirty (30) days from receipt of the certificate of finality. In case of change
of name, the decree shall be submitted to the Civil Registrar where the court
issuing the same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption
within thirty (30) days from receipt of, the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new
or amended certificate and which shall show, among others, the following:
registry number, date of registration, name of child, sex, date of birth, place
of birth, name and citizenship of adoptive mother and father, and the date and
place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can be
opened only upon order of the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with
all the foregoing within thirty days from receipt of the decree. If the adoptee is a
foundling, the court shall order the Civil Registrar where the foundling was
registered, to annotate the decree of adoption on the foundling certificate and a
new birth certificate shall be ordered prepared by the Civil Registrar in
accordance with the decree.
SEC. 17. Book of Adoptions.  – The Clerk of Court shall keep a book of adoptions
showing the date of issuance of the decree in each case, compliance by the Civil
Registrar with Section 16(B)(3) and all incidents arising after the issuance of the
decree.
10
SEC. 18. Confidential Nature of Proceedings and Records.  – All hearings in
adoption cases, after .compliance with the jurisdictional requirements shall be
confidential and shall not be open to the public. All records, books and papers
relating to the adoption cases in the files of the court, the Department, or any
other agency or institution participating in the adoption proceedings shall be kept
strictly confidential.
If the court finds that the disclosure of the information to a third person is
necessary for security reasons or for purposes connected with or arising out of
the adoption and will be for the best interests of the adoptee, the court may, upon
proper motion, order the necessary information to be released, restricting the
purposes for which it may be used.
SEC. 19. Rescission of Adoption of the Adoptee.  – The petition shall be verified
and filed by the adoptee who is over eighteen (18) years of age, or with the
assistance of the Department, if he is a minor, or if he is over eighteen (18) years
of age but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds
committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having
undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations. Adoption, being in
the best interests of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code.
SEC. 20. Venue. –  The petition shall be filed with the Family Court of the city or
province where the adoptee resides.
SEC. 21. Time within which to file petition. –  The adoptee, if incapacitated, must
file the petition for rescission or revocation of adoption within five (5) years after
he reaches the age of majority, or if he was incompetent at the time of the SEC. 25. Repeal.  – This supersedes Rule 99 on Adoption and Rule 100 of the
adoption, within five (5) years after recovery from such incompetency. Rules of Court.

SEC. 22. Order to Answer. –  The court shall issue an order requiring the adverse B. INTER-COUNTRY ADOPTION
party to answer the petition within fifteen (15) days from receipt of a
copy thereof. The order and copy of the petition shall be served on the adverse SEC. 26. Applicability.  – The following sections apply to i adoption of Filipino
party in such manner as the court may direct. children by foreign nationals and Filipino citizens permanently residing abroad.

SEC. 23. Judgment. ~  If the court finds that the allegations of the petition are SEC. 27. Objectives.  – The State shall:
true, it shall render judgment ordering the rescission of adoption, with or without
costs, as justice requires.
a) consider inter-country adoption as an alternative means of child care, if the
child cannot be placed in a foster or an adoptive family or cannot, in any suitable
The court shall order that the parental authority of the biological parent of the manner, be cared for in the Philippines;
adoptee, if known, or the legal custody of the Department shall be restored if the
adoptee is still a minor or incapacitated and declare that the reciprocal rights and
b) ensure that the child subject of inter-country adoption enjoys the same
obligations of the adopter and the adoptee to each other shall be extinguished.
protection accorded to children in domestic adoption; and

The court shall further declare that successional rights shall revert to its status
c) take all measures to ensure that the placement arising therefrom does not
prior to adoption, as of the date of judgment of judicial rescission. Vested rights
result in improper financial gain for those involved.
acquired prior to judicial rescission shall be respected.

SEC. 28. Where to File Petition.  – A verified petition to adopt a Filipino child may
It shall also order the adoptee to use the name stated in his original birth or
be filed by a foreign national or Filipino citizen permanently residing abroad with
foundling certificate.
the Family Court having jurisdiction over the place where the child resides or may
be found.
The court shall further order the Civil Registrar where the adoption decree was
registered to cancel the new birth certificate of the adoptee and reinstate his
It may be filed directly with the Inter-Country Adoption Board
original birth or foundling certificate.

SEC. 24. Service of Judgment.  – A certified true copy of the judgment together
with a certificate of finality issued by the Branch Clerk of the Court which
rendered the decision in accordance with the preceding Section shall be served
by the petitioner upon the Civil Registrar concerned within thirty (30) days from
receipt of the certificate of finality. The Civil Registrar shall forthwith enter the
rescission decree in the register and submit proof of compliance to the
court issuing the decree and the Clerk of Court within thirty (30) days from
receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with Section 17
hereof.
SEC. 29. Who may be adopted.  – Only a child legally available for domestic
adoption may be the subject of inter-country adoption.
SEC. 30. Contents of Petition.  – The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at least
twenty-seven (27) years of age and at least sixteen (16) years older than the child
to be adopted at the time of application, unless the petitioner is the parent by
nature of the child to be adopted or the spouse of such parent, in which case the
age difference does not apply;

11
b) if married, the name of the spouse who must be joined as co-petitioner except
when the adoptee is a legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his country;
d) that he has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the necessary moral
values and example to all his children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied under
Philippine laws and the U. N. Convention on the Rights of the Child, and to abide
by the rules and regulations issued to implement the provisions of Republic Act
No. 8043;
h) that he comes from a country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and accredited
agency and that adoption of a Filipino child is allowed under his national laws;
and
i) that he possesses all the qualifications and none of the disqualifications
provided in this Rule, in Republic Act No. 8043 and in all other  applicable
Philippine laws.
SEC. 31. Annexes.  – The petition for adoption shall contain the following
annexes written and officially translated in English:
Republic of the Philippines
SUPREME COURT
Manila
12
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree, or
judgment dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted children
above ten (10) years of age;
d) Physical, medical and psychological evaluation of the petitioner certified by a
duly licensed physician and psychologist;
e) Income tax returns or any authentic document showing the current financial
capability of the petitioner;
f) Police clearance of petitioner issued within six (6) months before the filing of
the petitioner;
g) Character reference from the local church/minister, the petitioner’s employer
and a member of the immediate community who have known the petitioner for at
least five (5) years;
h) Full body postcard-size pictures of the petitioner and his immediate family
taken at least six (6) months before the filing of the petition.
SEC. 32. Duty of Court. –  The court, after finding that the petition is sufficient in
form and substance and a proper case for inter-country adoption, shall
immediately transmit the petition to the Inter-Country Adoption Board for
appropriate action.
SEC. 33. Effectivity.  – This Rule shall take effect on August 22, 2002 following its
publication in a newspaper of general circulation
EN BANC
A.M. No. 02-11-12-SC             March 4, 2003
RE: PROPOSED RULE ON PROVISIONAL ORDERS
 RESOLUTION
          Acting on the letter of the Chairman of the Committee on Revision of the
Rules of Court submitting for this Court's consideration and approval the
Proposed Rule on Provisional Orders, the Court Resolved to APPROVED the
same.
          The Rule shall take effect on March 15, 2003 following its publication in a
newspaper of general circulation not later than March 7, 2003
          March 4, 2003
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Sandoval Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr. and
Azcuna, JJ.
Ynares-Santiago, on leave,
Corona, officially on leave.
RULE ON PROVISIONAL ORDERS
Section 1. When Issued, - Upon receipt of a verified petition for declaration of
absolute nullity of void marriage or for annulment of voidable marriage, or for
legal separation, and at any time during the proceeding, the court, motu proprio
or upon application under oath of any of the parties, guardian or designated
custodian, may issue provisional orders and protection orders with or without a
hearing. These orders may be enforced immediately, with or without a bond, and
for such period and under such terms" and conditions as the court may deem
necessary.
Section 2. Spousal Support. - In determining support for the spouses, the court
may be guided by the following rules:
(a) In the absence of adequate provisions in a written agreement
between the spouses, the spouses may be supported from the
properties of the absolute community or the conjugal partnership.
(b) The court may award support to either spouse in such amount and
for such period of time as the court may deem just and reasonable
based on their standard of living during the marriage.
13
(c) The court may likewise consider the following factors: (1) whether
the spouse seeking support is the custodian of a child whose
circumstances make it appropriate for that spouse not to seek outside
employment; (2) the time necessary to acquire sufficient education and
training to enable the spouse seeking support to find appropriate
employment, and that spouse's future earning capacity; (3) the-duration
of the marriage; (4) the comparative financial resources of the spouses,
including their comparative earning abilities in the labor market; (5) the
needs and obligations of each spouse; (6) the contribution of each
spouse to the marriage, including services rendered in home-making,
child care, education, and career building of the other spouse; (7) the
age and health of the spouses; (8) the physical and emotional
conditions of the spouses; (9) the ability of the supporting spouse to
give support, taking into account that spouse's earning capacity, earned
and unearned income, assets, and standard of living; and (10) any other
factor the court may deem just and equitable.
(d) The Family Court may direct the deduction of the provisional
support from the salary of the spouse.
Section 3. Child Support. - The common children of the spouses shall be
supported from the properties of the absolute community or the conjugal
partnership.
          Subject to the sound discretion of the court, either parent or both may be
ordered to give an amount necessary for the support, maintenance, and
education of the child. It shall be in proportion to the resources or means of the
giver and to the necessities of the recipient.
          In determining the amount of provisional support, the court may likewise
consider the following factors: (1) the financial resources of the custodial and
non-custodial parent and those of the child; (2) the physical and emotional health
of the child and his or her special needs and aptitudes; (3) the standard of living
the child has been accustomed to; (4) the non-monetary contributions that the
parents will make toward the care and well-being of the child.
          The Family Court may direct the deduction of the provisional support from
the salary of the parent.
Section 4. Child Custody. - In determining the right party or person to whom the
custody of the child of the parties may be awarded pending the petition, the court
shall consider the best interests of the child and shall give paramount
consideration to the material and moral welfare of the child.
          The court may likewise consider the following factors: (a) the agreement of
the parties; (b) the desire and ability of each parent to foster an open and loving
relationship between the child and the other parent; (c) the child's health, safety,
and welfare; (d) any history of child or spousal abase by the person seeking
custody or who has had any filial relationship with the child, including anyone
courting the parent; (e) the nature and frequency of contact with both parents; (f)
habitual use of alcohol or regulated substances; (g) marital misconduct; (h) the
most suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
          The court may award provisional custody in the following order of
preference: (1) to both parents jointly; (2) to either parent taking into account all
relevant considerations under the foregoing paragraph, especially the choice of
the child over seven years of age, unless the parent chosen is unfit; (3} to the
surviving grandparent, or if there are several of them, to the grandparent chosen
by the child over seven years of age and of sufficient discernment, unless the
grandparent is unfit or disqualified; (4) to the eldest brother or sister over twenty-
one years of age, unless he or she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless unfit or disqualified; or (6) to any
other person deemed by the court suitable to provide proper care and guidance
for the child.
          The custodian temporarily designated by the" court shall give the court and
the parents five days notice of any plan to change the residence of the child or
take him out of his residence for more than three days provided it does not
prejudice the visitation rights of the parents.
Section 5. Visitation Rights. - Appropriate visitation rights shall be provided to the
parent who is not awarded provisional custody unless found unfit or disqualified
by the court. .
Section 6. Hold Departure Order. - Pending resolution of the petition, no child of
the parties shall be brought out of the country without prior order from the court.
14
          The court, motu proprio or upon application under oath, may issue ex-parte
a hold departure order, addressed to the Bureau of Immigration and Deportation,
directing it not to allow the departure of the child from the Philippines without the
permission of the court.
          The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and Deportation of
the Department of Justice a copy of the hold departure order issued within
twenty-four hours from the time of its issuance and through the fastest available
means of transmittal.
          The hold-departure order shall contain the following information:
(a) the complete name (including the middle name), the date and place
of birth, and the place of last residence of the person against whom a
hold-departure order has been issued or whose departure from the
country has been enjoined;
(b) the complete title and docket number of the case in which the hold
departure was issued;
(c) the specific nature of the case; and
(d) the date of the hold-departure order.
          If available, a recent photograph of the person against whom a hold-
departure order has been issued or whose departure from the country has been
enjoined should also be included.
          The court may recall the order. motu proprio or upon verified motion of any
of the parties after summary hearing, subject to such terms and conditions as
may be necessary for the best interests of the child.
Section 7. Order of Protection. - The court may issue an Order of Protection
requiring any person:
(a) to stay away from the home, school, business, or place of
employment of the child, other parent or any other party, and to stay
away from any other specific place designated by the court;
 (b) to refrain from harassing, intimidating, or threatening such child or
the other parent or any person to whom custody of the child is
awarded;

(c) to refrain from acts of commission or omission that create an

unreasonable risk to the health, safety, or welfare of the child;

(d) to permit a parent, or a person entitled to visitation by a court order

or a separation agreement, to visit the child at stated periods;

(e) to permit a designated party to enter the residence during a

specified period of time in order to take persona! belongings not
contested in a proceeding pending with the Family Court;

(f) to comply with such other orders as are necessary for the protection
of the child.

Section 8. Administration of Common Property. - If a spouse without just cause

abandons the other or-fails to comply with his or her obligations to the family, the
court may, upon application of the aggrieved party under oath, issue a provisional
order appointing the applicant or a third person as receiver or sole administrator
of the common property subject to such precautionary conditions it may impose.

          The receiver or administrator may not dispose of or encumber any common

property or specific separate property of either spouse without prior authority of
the court.

          The provisional order issued by the court shall be registered in the proper
Register of Deeds and annotated in all titles of properties subject of the
receivership or administration.

Section 9. Effectivity. - This Rule shall take effect on March 15, 2003 following its
publication in a newspaper of general circulation not later than March 7, 2003.

15

Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 03-04-04-SC             April 22, 2003
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS
CORPUS
IN RELATION TO CUSTODY OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of the Rules of
Court submitting for this Court’s consideration and approval the Proposed Rule
on custody of Minors and Writ of Habeas Corpus in Relation to Custody of
Minors, the Court Resolved to APPROVE the same.
The Rule shall take effect on May 15, 2003 following its publication in a
newspaper of general circulation not later than April 30, 2003.
April 22, 2003
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Ynares-Santiago, Sandoval-
Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and
Azcuna, JJ., concur.
Quisumbing, J., on official leave.
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors
and writs of habeas corpus in relation thereto.
1
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may file.- A verified petition for the
rightful custody of a minor may be filed by any person claiming such right. The
party against whom it may be filed shall be designated as the respondent.
Section 3. Where to file petition. - The petition for custody of minors shall be filed
with the Family Court of the province or city where the petitioner resides or where
the minor may be found.
Section 4. Contents of petition. - The verified petition shall allege the following:
(a) The personal circumstances of the petitioner and of the respondent;
(b) The name, age and present whereabouts of the minor and his or her
relationship to the petitioner and the respondent;
(c) The material operative facts constituting deprivation of custody; and
(d) Such other matters which are relevant to the custody of the minor.
The verified petition shall be accompanied by a certificate against forum
shopping, which the petitioner must sign personally.
Section 5. Summons; personal service on respondent. - If the court is satisfied
that the petition is sufficient in form and substance, it shall direct the clerk of
court to issue summons, which shall be served together with a copy of the
petition personally on the respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed
except on the ground of lack of jurisdiction over the subject matter or over the
parties. Any other ground that might warrant the dismissal of the petition may be
raised as an affirmative defense in the answer.
Section 7. Verified Answer. - The respondent shall file an answer to the petition,
personally verified by him, within five days after service of summons and a copy
of the petition.
Section 8. Case study; duty of social worker. - Upon the filing of the verified
answer or the expiration of the period to file it, the court may order a social
worker to make a case study of the minor and the parties and to submit a report
and recommendation to the court at least three days before the scheduled pre-
trial.
Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of
the answer or the expiration of the period to file answer, the court shall issue an
order: (1) fixing a date for the pre-trial conference; (2) directing the parties to file
and serve their respective pre-trial briefs in such manner as shall ensure receipt
thereof by the adverse party at least three days before the date of pre-trial; and
(3) requiring the respondent to present the minor before the court.
The notice of its order shall be served separately on both the parties and their
respective counsels. The pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the
following:
(a) A statement of the willingness of the parties to enter into
agreements that may be allowed by law, indicating its terms;
(b) A concise statement of their respective claims together with the
applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its
nature and purpose;
(f) The number and names of the witnesses and their respective
affidavits which shall serve as the affiant's testimony on direct
examination; and
(g) Such other matters as the court may require to be included in the
pre-trial brief.
2
Failure to file the pre-trial brief or to comply with its required contents shall have
the same effect as failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails to
appear personally at the pre-trial, the case shall be dismissed, unless his counsel
or a duly authorized representative appears in court and proves a valid excuse for
the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear at the pre-trial, the
petitioner shall be allowed to present his evidence ex parte. The court shall then
render judgment on the basis of the pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At the pre-trial, the parties may agree
on the custody of the minor. If the parties fail to agree, the court may refer the
matter to a mediator who shall have five days to effect an agreement between
the parties. If the issue is not settled through mediation, the court shall proceed
with the pre-trial conference, on which occasion it shall consider such other
matters as may aid in the prompt disposition of the petition.
Section 13. Provisional order awarding custody. - After an answer has been filed
or after expiration of the period to file it, the court may issue a provisional order
awarding custody of the minor. As far as practicable, the following order of
preference shall be observed in the award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations,
especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the
grandparent chosen by the minor over seven years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless he
or she is unfit or disqualified;
 (e) The actual custodian of the minor over twenty-one years of age,
unless the former is unfit or disqualified; or
(f) Any other person or institution the court may deem suitable to
provide proper care and guidance for the minor.
Section 14. Factors to consider in determining custody. - In awarding custody,
the court shall consider the best interests of the minor and shall give paramount
consideration to his material and moral welfare. The best interests of the minor
refer to the totality of the circumstances and conditions as are most congenial to
the survival, protection, and feelings of security of the minor encouraging to his
physical, psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and development of
the minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound
themselves to comply with respecting the rights of the minor to
maintain direct contact with the non custodial parent on a regular basis,
except when there is an existing threat or danger of physical, mental,
sexual or emotional violence which endangers the safety and best
interests of the minor;
(b) The desire and ability of one parent to foster an open and loving
relationship between the minor and the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking custody
or who has had any filial relationship with the minor, including anyone
courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated substances;
(g) Marital misconduct;
3
(h) The most suitable physical, emotional, spiritual, psychological and
educational environment for the holistic development and growth of the
minor; and
(i) The preference of the minor over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
Section 15. Temporary visitation rights. - The court shall provide in its order
awarding provisional custody appropriate visitation rights to the non-custodial
parent or parents, unless the court finds said parent or parents unfit or
disqualified.
The temporary custodian shall give the court and non custodial parent or parents
at least five days' notice of any plan to change the residence of the minor or take
him out of his residence for more than three days provided it does not prejudice
the visitation rights of the non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the petition shall
not be brought out of the country without prior order from the court while the
petition is pending.
The court, motu proprio or upon application under oath, may issue ex parte a hold
departure order, addressed to the Bureau of Immigration and Deportation,
directing it not to allow the departure of the minor from the Philippines without
the permission of the court.
The Family Court issuing the hold departure order shall furnish the Department of
Foreign Affairs and the Bureau of Immigration and Deportation of the
Department of Justice a copy of the hold departure order within twenty-four
hours from its issuance and through the fastest available means of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and place
of birth, the nationality and the place of last residence of the person
against whom a hold departure order has been issued or whose
departure from the country has been enjoined;
 (b) The complete title and docket number of the case in which the hold
departure order was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a hold
departure order has been issued or whose departure from the country
has been enjoined.
The court may recall the hold departure order motu proprio, or upon verified
motion of any of the parties after summary hearing, subject to such terms and
conditions as may be necessary for the best interests of the minor.
Section 17. Protection Order. - The court may issue a Protection Order requiring
any person:
(a) To stay away from the home, school, business, or place of
employment of the minor, other parent or any other party, or from any
other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening
such minor or the other parent or any person to whom custody of the
minor is awarded;
(c) To refrain from acts of commission or omission that create an
unreasonable risk to the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order or
a separation agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a
specified period of time in order to take personal belongings not
contested in a proceeding pending with the Family Court; and
(f) To comply with such other orders as are necessary for the
protection of the minor.
4
Section 18. Judgment. - After trial, the court shall render judgment awarding the
custody of the minor to the proper party considering the best interests of the
minor.
If it appears that both parties are unfit to have the care and custody of the minor,
the court may designate either the paternal or maternal grandparent of the minor,
or his oldest brother or sister, or any reputable person to take charge of such
minor, or commit him to any suitable home for children.
In its judgment, the court may order either or both parents to give an amount
necessary for the support, maintenance and education of the minor, irrespective
of who may be its custodian. In determining the amount of support, the court
may consider the following factors: (1) the financial resources of the custodial
and non-custodial parent and those of the minor; (2) the physical and emotional
health, special needs, and aptitude of the minor; (3) the standard of living the
minor has been accustomed to; and (4) the non-monetary contributions that the
parents would make toward the care and well-being of the minor.
The court may also issue any order that is just and reasonable permitting the
parent who is deprived of the care and custody of the minor to visit or have
temporary custody.
Section 19. Appeal. - No appeal from the decision shall be allowed unless the
appellant has filed a motion for reconsideration or new trial within fifteen days
from notice of judgment.
An aggrieved party may appeal from the decision by filing a Notice of Appeal
within fifteen days from notice of the denial of the motion for reconsideration or
new trial and serving a copy thereof on the adverse parties.
Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of
habeas corpus involving custody of minors shall be filed with the Family Court.
The writ shall be enforceable within its judicial region to which the Family Court
belongs.
However, the petition may be filed with the regular court in the absence of the
presiding judge of the Family Court, provided, however, that the regular court
shall refer the case to the Family Court as soon as its presiding judge returns to
duty.
The petition may also be filed with the appropriate regular courts in places where REYNATO S. PUNO
PORTUGAL CATRAL
there are no Family Courts. Chief Justice
PEREZ MENDOZA
Associate Associate
The writ issued by the Family Court or the regular court shall be enforceable in Justice Justice
ANTONIO T. RENATO C.
the judicial region where they belong.
CARPIO CORONA
Associate Associate
The petition may likewise be filed with the Supreme Court, Court of Appeals, or Justice Justice
with any of its members and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made returnable to a Family Court PRESBITER 2010 RULES OF PROCEDURE FOR
or to any regular court within the region where the petitioner resides or where the CONCHITA MUNICIPAL ELECTION CONTESTS
O J.
minor may be found for hearing and decision on the merits. CARPIO
VELASCO,
MORALES
JR. RULE I
Associate
Upon return of the writ, the court shall decide the issue on custody of minors. The Associate SCOPE
Justice
appellate court, or the member thereof, issuing the writ shall be furnished a copy Justice
of the decision. Section 1. Title and coverage. –
ANTONIO TERESITA J. These Rules shall be known and
Section 21. Confidentiality of proceedings. - The hearings on custody of minors EDUARDO B. LEONARDO- cited as The 2010 Rules of
may, at the discretion of the court, be closed to the public and the records of the NACHURA DE CASTRO Procedure for Municipal Election
case shall not be released to non-parties without its approval. Associate Associate Contests.
Justice Justice
Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its These Rules shall apply to election
publication in a newspaper of general circulation not later than April 30, 2003. DIOSDADO contests under the Automated
ARTURO D.
M. Election System using the Precinct
BRION
PERALTA Count Optical Scan, and shall
Acting on the recommendation of Associate
Associate govern the filing of pleadings,
the Chairman and Members of the Justice
Justice practice and procedure in these
Republic of the Philippines Sub-committee on Internal Rules,
the Court RESOLVED to APPROVE contests.
SUPREME COURT MARIANO C.
Manila the "2010 Rules of Procedure in LUCAS P.
DEL
Election Contests before the Courts BERSAMIN Section 2. Application of the Rules
CASTILLO
Involving Elective Municipal Associate of Court. – The Rules of Court shall
A.M. No. 10-4-1-SC               Associate
Officials." Justice apply to aspects of pleadings,
Justice
practice and procedure in election
2010 RULES OF PROCEDURE IN contests not specifically provided
These Rules shall take fifteen (15)
ELECTION CONTESTS BEFORE MARTIN S.
days after their publication in ROBERTO A. for in these Rules.
THE COURTS INVOLVING VILLARAMA
newspaper of general circulation in ABAD
ELECTIVE MUNICIPAL OFFICIALS , JR.
the Philippines. Associate Section 3. Explanation of terms. –
Associate
Justice For purposes of and as used in
Justice
RESOLUTION these Rules:
April 27, 2010.
JOSE JOSE

5
(a) Courts – refers to the
Regional Trial Court;
(b) Election – means the
choice or selection of
candidates for public
office by popular vote
through the use of the
ballot. Specifically, it
covers the conduct of the
polls, including the listing
of voters, the holding of
the electoral campaign,
the casting and counting
of ballots, the
consolidation and
transmission of results,
and the canvassing of the
returns;
(c) Automated Election
System or AES – refers to
an election system using
the technology
designated by the
Commission on Elections
(COMELEC) for voting,
counting, consolidating,
canvassing, transmission
of election results, and
the returns;
(d) Precinct Count Optical
Scan or PCOS – refers to
the machine as well as
the technology using an
optical ballot scanner,
located in every precinct,
that scans or reads paper
ballots that voters mark
by hand and insert into
the scanner to be
counted;
(e) Official ballot – refers
to the paper ballot,
capable of being optically
scanned, with the pre-
printed names of all
candidates and with ovals
corresponding to each of
the printed names. The
ovals are the spaces
where voters express
their choice through
marking or shading using
a COMELEC-provided
marking pen.
(f) Picture Image of the
Ballot – refers to the
image of the ballot
captured by the PCOS
machine at the time the
voter feeds his/her ballot,
which image is later
stored in a memory or
removable data storage
device attached to the
PCOS machines.
(g) Election Return –
refers to the document
showing the date of the
election, the province, city,
municipality and the
precinct where voting is
held, and the number of
votes in figures for each
candidate in a precinct or
in clustered precincts.
6
(h) Electronic Election
Return – refers to the
copy of the election return
in electronic form,
generated by the PCOS
machine, that is
electronically transmitted
to: (1) the Municipal
Board of Canvassers for
the official canvass; (2)
the COMELEC Back-Up
Server; (3) the server for
the dominant majority
party; (4) the server for
dominant minority party;
(5) server for the citizen’s
arm authorized by the
COMELEC to conduct a
parallel count; and (6) the
Kapisanan ng mga
Broadcaster sa Pilipinas
or KBP.
(i) Printed Election Return
– refers to the copy of the
election return printed by
the PCOS machine on
paper, and authenticated
by the manual signatures
and thumbmarks of the
Board of Election
Inspectors (BEI)
members.
(j) Electronic transmission
– refers to the act of
conveying data in
electronic form from one
location to another.
(k) Canvass proceedings
– refers to the
proceedings that involve
the consolidation of
precinct election results
at the municipal level. The
term also includes the
formal proclamation of
the election winners at
the municipal level.
(l) Consolidation machine
– refers to the machine
used during the canvass
proceedings to
consolidate at every
canvass level.
(m) Statement of Votes
by Precinct, Municipality,
City, District, Province, or
Overseas Absentee
Voting (OAV) Station -–
refers to a document in
electronic and in printed
form generated by
consolidation machines
or by computers during
the canvass proceedings.
This document records
the votes obtained by
candidates in each
precinct, municipality, city,
district, province, or OAV
Station, as the case may
be.
(n) Municipal Certificate
of Canvass – refers to the
document in electronic
and in printed form,
containing the total votes
in figures obtained by
each candidate in the
municipality the
electronic form of which
is the official canvass
result in the municipality
electronically-transmitted
to a higher canvass level.
(o) Certificate of Canvass
and Proclamation – refers
to the official document in
printed form, containing
the names of all
candidates who obtained
the highest number of
votes in a particular
municipality and
certifying to these
candidates’ proclamation
as winners.
(p) Data Storage Device –
refers to the device that
stores electronic
documents from where
data may be obtained
when necessary to verify
the accuracy and
correctness of election
data. The data storage
device used in a PCOS
shall be under the custody
and direct responsibility
of the election officer
after completion of the
voting process. A data
storage device includes
the back-up storage
device under COMELEC
custody that likewise
stores authentic
electronic copies of data.
(q) Audit Log – refers to
the electronic document,
stored in the PCOS
machine’s data storage
device, containing the list
of all activities the PCOS
machine performs from
the time that it is powered
on until it is turned off.
(r) Electronic document –
refers to the record of
information or the
representation of
information, data, figures,
symbols or other modes
of written expression,
described or however
represented, by which a
fact may be proved and
affirmed, which is
received, recorded,
transmitted, stored,
processed, retrieve or
produced electronically. It
includes digitally-signed
documents and any
printout or output,
readable by sight or other
means, that accurately
reflects the electronic
document.
For purposes of these
Rules, an electronic
document refers to either
the picture image of the
7
ballots or the electronic
copies of the election
returns, the statements of
votes, the certificates of
canvass, the audit log,
and other electronic data
processed by the PCOS
and consolidation
machines.
(s) Manual count of
ballots – where voting
using the AES ballots
proceeded manually
because the PCOS
machines could not be
used, votes shall be
counted manually under
the guidelines provided by
the COMELEC, and the
courts shall be guided
accordingly.
(t) Election contests –
refers to election protests
or petitions for quo
warranto.
(u) Election protest –
refers to an election
contest involving the
election and returns of
municipal elective
officials, grounded on
fraud or irregularities
committed in the conduct
of the elections, i.e., in the
casting and the counting
of the ballots, in the
consolidation of votes
and in the canvassing of
returns, not otherwise
classified as a pre-
proclamation controversy
cognizable by the
COMELEC. The issue is
who obtained the plurality
of valid votes cast.
(v) Quo Warranto under
the Omnibus Election
Code – refers to an
election contest involving
the qualifications for
office of an elective
municipal official, on the
ground of ineligibility or
disloyalty to the Republic
of the Philippines. The
issue is whether the
respondent possesses all
the qualifications and
none of the
disqualifications
prescribed by law.
(w) Revision of ballots –
refers ton the recount of
ballots through their
physical count; the
segregation of ballots for
the protestant, the
protestee and other
candidates for the same
position and the recording
of the objections and
claims to these ballots.
 (x) Promulgation – refers
to the process of officially
issuing the court’s
decision or order in an
election contest.
Section 4. Inherent powers of the
court. – A regional trial court acting
on an election contest shall have all
the inherent powers of a court
provided under Rule 135 of the
Rules of Court, including the power
to issue auxiliary writs, processes,
and other means necessary to carry
its authority or jurisdiction into
effect and to adopt suitable
processes not expressly provided
by, but conformable with, law, these
Rules, or the Rules of Court.
Section 5. Construction. – The
Rules shall be liberally constructed
to achieve a just, expeditious, and
inexpensive determination and
disposition of municipal election
contests.
RULE 2
ELECTION CONTESTS
Section 1. Jurisdiction of regional
trial courts. – Regional trial courts
shall have exclusive original
jurisdiction over all election
contests involving municipal
officials.
Section 2. How initiated. – An
election contest is initiated by the
filing of an election protest or a
petition for quo warranto against
an elective municipal official. An
election protest or a petition for
quo warranto shall be filed directly
with the 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.
Section 3. Modes of service and
filing. – Service and filing of
pleadings, including the initiatory
petition and other subsequent
papers, shall be done personally.
Except for papers emanating from
the court, resort to other modes of
service must be accompanied by a
written explanation why the service
or filing was not done personally. A
pleading or motion violating this
Rule shall be considered not to
have been filed.1avvphi1
Section 4. Election protest. – A
petition contesting the election or
returns for an elective municipal
office shall be filed with the proper
Regional Trial Court by an
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
8
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 the Sangguniang Bayan
may be consolidated in one case.
Section 5. Quo warranto. – A
petition for quo warranto against
an elective municipal official shall
be filed with the proper Regional
Trial Court by any registered voter
who voted in the municipal
election. The party filing the petition
shall be designated as the
petitioner; the adverse party shall
be known as the respondent.
Section 6. 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 its
allegations are true and correct of
the affiant’s own knowledge or
based on authentic records. A
verification based on "information
and belief" or upon "knowledge,
information and belief" is not
sufficient.
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 or insufficiently
verified petition or one that lacks a
certificate of non-forum shopping
shall be dismissed outright and
shall not suspend the running of
the required period for the filing of
an election protest or petition for
quo warranto.
Section 7. Period to file protest or
petition; non-extendible. – The
election protest or petition for quo
warranto shall be filed within a non-
extendible period of ten (10) days
counted from the date of
proclamation.
Section 8. 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 for the filing of an election
protest or petition for quo warranto.
Section 9. COMELEC judgment in
disqualification case. – The
decision of the COMELEC, either en
banc or in division, in a
disqualification case shall not be a
bar to the filing of a petition for quo
warranto based on the same
ground, except when the Supreme
Court has affirmed the COMELEC
decision.
Section 10. Contests of the protest
or petition. – (a) An election protest
or petition for quo
warranto shall commonly and
specifically state the following
facts:
(i) the position
involved;
(ii) the date of
proclamation;
and (c) An election protest
shall also state:
(iii) the number
of votes
credited to the
parties per the
proclamation.
(b) A quo warranto
petition shall also state:
(i) if the
petitioner is not
a candidate for
the same
municipal
position, the
facts giving the
petitioner
standing to file
the petition;
(ii) the
qualifications
for the
municipal office
and the
disqualifications
prescribed by (iv) a detailed compelling reasons to avoid a
law; specification of miscarriage of justice.
the acts or
(iii) the omissions Section 12. Summary dismissal of
petitioner’s cited complained of election contests. – The court shall
ground for showing the summarily dismiss, motu proporio,
ineligibility or electoral frauds, an election protest, counter-protest
the specific acts anomalies or or petition for quo warranto on any
of disloyalty to irregularities in of the following grounds:
the Republic of the protested
the Philippines. precincts.
(a) The court has no
jurisdiction over the
Section 11. Raffle of cases. – The subject matter;
Supreme Court shall designate the
Regional Trial Court within a judicial
(b) The petition is
region that shall take cognizance of
(i) that the insufficient in form and
election protests and petitions for
protestant was content as required under
quo warranto. A raffle conducted by
a candidate who Section 10;
the executive judge shall determine
had duly filed a
the assignment of cases to these
certificate of (c) The petition is filed
courts except in single-sala courts
candidacy and beyond the period
or courts specifically designated by
had been voted prescribed in these Rules;
the Supreme Court. No court shall
for the same
assume jurisdiction over an
office;
election contest unless the case (d) The filling fee is not
has been properly assigned to it as paid within the period for
(ii) the total provided herein. filling the election protest
number of or petition for quo
precincts in the warranto; and
At least twenty-four (24) hours
municipality;
before the raffle, the clerk of court
must serve personal notice to the (e) In a protest case
(iii) the parties, stating the date and time of where cash deposit is
protested the raffle. Proof of service to the required, the deposit is
precincts and parties shall be submitted to the not paid within five (5)
votes of the court, and the raffle shall be open days from the filling of the
parties are not to the public. The Supreme Court protest.
specified, an shall issue the necessary circular
explanation why implementing this proviso. RULE 3
the votes are
SUMMONS
not specified;
The Court may order a change of
and
venue or place or trial for
9
Section 1. Summons. – Within
twenty-four (24) hours from the
filling of a protest or petition, the
clerk of court shall issue the
corresponding summons to the
protestee or to the respondent,
together with a copy of the protest
or petition, requiring the filling of an
answer within a non-extendible
period of five days from notice.
Section 2. Service of summons. –
The summons shall be served by
handing copies of the summons
and of the protest or the petition to
the protestee or the respondent in
person or, in case of the protestee’s
or the respondent’s refusal to
receive and sign these copies, by
tendering them to him or her.
If, for justifiable causes, the
protestee or the respondent cannot
be served in person as provided
above, service may be effected by
leaving copies of the summons and
the protest or the petition at:
(a) The protestee’s or the
respondent’s residence,
with a person of suitable
age and discretion
residing therein, or
(b) The protestee’s or the
respondent’s office or
regular place of business,
with a competent person
in charge thereof.
Section 3. By whom served. – The
summons shall be served by a
sheriff, a deputy sheriff, a process
server or any other suitable person
authorized by the court issuing the
summons.
RULE 4
ANSWER AND COUNTER-
PROTEST
Section 1. Verified answer; counter-
protest. – Within five (5) days from
receipt of the summons and the
copy of the protest or petition, the
protestee or the respondent shall
file an answer in three (3) legible
copies, with proof of service of a
copy on the protestant or the
petitioner.
The answer shall be verified and
may set forth admissions and
denials, special and affirmative
defenses, and a compulsory
counterclaim. The protestee may
incorporate a counter-protest in the
answer.
The counter-protest shall specify
the counter-protested precincts and
the parties’ votes per the Statement
of Votes by Precinct and, in the
proper case, a detailed
specification of the acts or
omissions complained of as
electoral fraud, anomalies or
irregularities in the counter-
protested precincts; if the votes are
not so specified, an explanation
10
should be made for the
omission.1avvphi1
Section 2. Answer to counterclaim
or counter-protest. – The protestant
or petitioner shall answer the
counterclaim or counter-protest
within a non-extendible period of
five (5) days from notice.
Section 3. Allegations in the
answer. –
(a) Specific denial. – A
protestee or respondent
must specify each
material allegation of fact
whose truth he or she
does not admit; whenever
practicable, he or she
shall set forth the
substance of the matters
upon to support the
denial. The protestee or
respondent shall specify
the averments that are
true and material, and
shall deny the rest.
(b) Allegations not specify
denied deemed
admitted. – Material
averments in the protest
or petition, other than the
amount of unliquidated
damages and issues on
the appreciation of
ballots, shall be deemed
admitted when not
specifically denied.
Section 4. Effect of failure to
plead. –
(a) Defenses and
objections not pleaded. –
Defenses and objections
not pleaded are deemed
waived. The court shall
dismiss the claim when it
appears from the
pleadings or the evidence
on record that (1) the
court has no jurisdiction
over the subject matter; or
(2) there is another action
pending between the
same parties for the same
cause; or (3) the action is
barred by a prior
judgement or by the
statute of limitations.
(b) Compulsory
counterclaim or cross-
claim not set up barred. –
A compulsory
counterclaim or a cross-
claim not set up shall be
barred.
(c) Effect of failure to
answer. – If the protestee
or the respondent fails to
answer within the time
allowed in an election
protest that does not
involve ballot revision or
in a petition for quo
warranto, the court –
upon motion of the
Protestant or the
 petitioner, with notice to
the protestee or the
respondent, and upon
proof of such failure –
shall proceed to render
judgment granting the
relief prayed for on the
basis of the allegations of
the verified protest or
petition, unless the court
in its discretion opts to
require the protestant or
the petitioner to submit
evidence ex parte.
Where the election protest involves
revision or examination of ballots
or the verification or re-tabulation
of the election returns, the court
shall issue the appropriate order
and shall proceed to render
judgment based on the results of
the revision, examination,
verification or re-tabulation. During
these proceedings, only the
protestant’s revisors may
participate. The protestee, or his or
her duly authorized representative,
has the right to be present and to
observe the proceedings, without
the right to object and to lay claim
to ballots and election returns.
Section 5. How to compute time. –
In computing any period of time
prescribed or allowed by these
Rules, by order of the court or by
any applicable statute, the day of
the act or the event marking the
start when time begins to run is to
be excluded and the date of
performance included. If the last
day of the period, as so computed,
falls on a Saturday, a Sunday, or a
legal holiday in the place where the
court sits, time shall not run until
the next working day.
Section 6. Amendments;
limitations. – After the expiration of
the period for the filling of an
election protest, counter-protest or
petition for quo warranto,
substantial amendments that
broaden the scope of the action or
introduce an additional cause of
action may be allowed only upon
leave of court. Leave of court may
be refused if the motion for leave
appears to the court to be intended
for delay. Any amendment in
matters of form – such as a defect
in the designation of the parties
and other clearly clerical or
typographical errors – may
summarily corrected by the court at
any stage of the proceedings, at its
initiative or on motion, provided the
correction does not prejudice the
adverse party.
RULE 5
MOTIONS
Section 1. Motions must be in
writing. – All motions shall be in
writing, except for those made in
open court.
Section 2. Proof of service
necessary. – The court shall not act
11
on any written motion, except upon a judgment, or for
submitted proof of service on the reopening of trial;
adverse party.
(e) Petition for relief from
Section 3. No hearings on judgment;
motions. – No motion shall be set
for hearing, and no oral argument (f) Motion for extension
shall be allowed in support of any of time to file pleadings,
motion, except upon the court’s affidavits or other papers;
express. A motion shall be deemed
submitted for resolution unless the
(g) Memoranda, except as
adverse party files his or her written
provided under Section 7,
objections within five (5) days from
Rile 13 of these Rules;
service. The court shall resolve a
motion within (5) days from the
time it is deemed submitted for (h) Motion to declare the
resolution. protestee or the
respondent in default;
RULE 6
PROHIBITED PLEADINGS (i) Dilatory motion for
postponements;
Section 1. Prohibited pleadings and
(j) Motion for the
motions. – The following pleadings,
inhibition of the presiding
motions or petitions shall not be
judge, except on clearly
allowed in the cases covered by
valid grounds;
these Rules:
(a) Motion to dismiss the (k) Reply or rejoinder; and
petition, except on the
ground of lack of (l) Third-party complaint.
jurisdiction over the
subject matter;
(b) Motion for a bill of
particulars;
(c) Demurrer to evidence;
(d) Motion for new trial, or
for the reconsideration of
Section 2. Grounds to dismiss be tabulation of election other automated Pesos
set up in the answer. – All grounds returns, or which may election (P100,000.00)
to dismiss an election protest or require bringing copies of paraphernalia shall be made
petition for quo warranto must be other election documents brought to court within ten (10)
set up or pleased as affirmative or and paraphernalia to as evidence or days from the
special defenses. Defenses not court, shall make a cash as necessary filling of the
raised are deemed waived. The deposit with the court in equipment in protest or
court may, at its discretion, hold a the following amounts: considering the counter-protest.
preliminary hearing on the grounds protested or The balance
so pleaded. i. One Thousand counter- shall be paid in
Pesos protested installments
RULE 7 (P1,000.00) for ballots; under the
FILING FEES AND CASH DEPOSITS each precinct schedule the
covered by the iii. If the amount court may
protest or to be deposit require after
Section 1. Filling fees. – No protest,
counter-protest, does not exceed hearing the
counter-protest or petition for quo
provided that One Hundred Protestant or
warranto shall be accepted for
the deposit shall Thousand counter-
filling without the payment of a
in no case be Pesos Protestant on
filling fee in the amount of Three
less than (P100,000.00), the matter.
Thousand Pesos (P3,000.00) for
every protest, counter-protest or Twenty-five the required
petition for quo warranto filed. Thousand sum shall be The cash deposit shall be
Pesos paid in full applied by the court to the
(P25,000.00) to within ten (10) payment of the
If claims for damages and
be paid upon the days from the compensation of revisors
attorney’s fees are set forth in a
filling of the filling of the as provided under Section
protest or counter-protest,
election protest protest or 3, Rule 10 of these Rules,
additional filling fees shall be paid
or counter- counter-protest; and of all the expenses
in accordance with the schedule
protest; and incidental to revision,
under Rule 141 of the Rules of
including but not limited
Court, as amended.
ii. Twenty-five iv. If the to the cost of supplies
Thousand required deposit and miscellaneous
Section 2. Cash deposit. – expenses of the revision
Pesos shall exceed
(P25,000.00) for One Hundred committee, the cost of
(a) In addition to the fees the cost of Thousand the production in court
prescribed in the bringing to court Pesos and the storage and
preceding section, the and of storing (P100,000.00), a maintenance of
protestant in an election and maintaining cash deposit in automated election
protest requiring revision the PCOS, the the amount of equipment and
or examination of ballots, consolidation One Hundred paraphernalia.
or the verification or re- machines and Thousand

12
 When circumstances so BALLOT BOXES, ELECTION
demand (such as when DOCUMENTS,
the deposit has been or is DATA STORAGE DEVICES AND
about to be depleted), the PCOS MACHINES USED IN THE
court may require the ELECTIONS (A)
payment of additional
cash deposits. Any Section 1. Issuance of
unused cash deposit shall precautionary protection order. –
be returned to the Where the allegations in a protest
depositing party after the so warrant, the court shall order –
complete termination of simultaneously with the issuance
the protest or counter- of summons – the municipal
protest. treasurer and election officer
concerned to take immediate and
The same amount of cash appropriate measures to safeguard
deposit shall be required the integrity of all the ballot boxes
from the protestee and the ballots, the lists of voters
(counter-protestant), and voting records, the books of
should continuation of voters and other documents or
revision be ordered paraphernalia used in the election,
pursuant to paragraph 2, as well as the automated election
Section 10, Rule 10 of equipment and records such as the
these Rules. Once data storage devices containing
required, the protestee electronic data evidencing the
(counter-protestant) shall conduct and results of elections in
pay the cash deposit the contested precincts.
within a non-extendible
period of three days from Section 2. When ballot boxes and
receipt of the court’s election documents are brought
order. before the court. – Within forty-
eight (48) hours from receipt of an
(b) Failure to make the answer with counter-protest, when
cash deposits required the allegations in an protest or
within the prescribed time counter-protest so warrant, the
limit shall result in the court shall order the ballot boxes
automatic dismissal of with their keys, the PCOS and
the protest or counter- consolidation machines, the
protest. electronic data storage devices, the
lists of voters and voting records,
RULE 8 the books of voters, and other
PRODUCTION AND CUSTODY OF documents or paraphernalia
13
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. Access to electronic
data in the COMELEC back-up
server. – 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.
RULE 9
PRELIMINARY CONFERENCE
Section 1. Preliminary conference;
mandatory. – 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
14
(j) Other matters that may
contribute to prompt
disposition of the case.
Section 2. Notice through
counsel. – 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. Appearances of parties. -
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. Preliminary conference
brief. – 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. Failure to file brief. -  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. Effect of failure to
appear. –  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. Preliminary conference
order. – 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.
RULE 10
REVISION OF BALLOTS
Section 1. Start of revision. –  The
revision of ballots shall commence
on the date specified in the
preliminary conference order.
Section 2. Revision committee;
under the supervision of the court.
–  As many revision committees as
may be necessary shall be
constituted. Each revision
committee shall be composed of a
chairperson and two members, one
of whom is designated by the
protestant and the other by the
protestee. The court shall
designate the chairperson and a
recorder from among its personnel.
The parties shall also designate
their respective substitute revisors.
The revision committee shall
conduct the revision in the court
premises or at such other place in
15
the court may designate, in every
case under its strict supervision.
The revisors shall discharge their
duties with the highest degree of
integrity, conducting the
proceedings with the same dignity
and discipline the court itself brings
to the proceedings. They shall
exercise extraordinary diligence
and take the precautionary
measures requires by this level of
diligence to prevent loss,
disappearance or impairment of the
integrity of the ballots and the
election documents, whether
electronic or printed, and the
misuse of the electronic election
machines, devices and
paraphernalia.
Section 3. Compensation of the
revisors. -  The court shall fix the
compensation of the revisors at
Eight Hundred Pesos (P800.00) per
ballot box for the chairperson and
Three Hundred Pesos (P300.00)
per ballot box for each party
revisor. The party revisors shall
each be entitled to an
additional per diem  of Five Hundred
Pesos (P500.00) per day. The
compensation for a recorder shall
be Three Hundred Pesos (P300.00)
per ballot box. This compensation
shall be chargeable against the
cash deposit as provided for under
Section2, Rule 7 of these Rules.
Section 4. Continuous revisions. –
(a) Period for revision. –
Revision shall be
conducted from 8:30 a.m.
to 12:00 noon and from
1:30 p.m. to 4:30 p.m.
from Monday to Friday,
except on non-working
holidays. The revisors
may take fifteen-minute
breaks during the
revision.
(b) Revision to continue
even if a party revisor is
absent or late. – The
revision shall bot be
delayed or postponed by
reason of the absence or
tardiness of a party’s
revisor or substitute
revisor, as long as the
chairperson and one party
revisor are present. The
court may at any time
designate another
chairperson if the regular
chairperson fails for any
reason to report.
(c) If the revisor of the
protestee is absent or
late. - If the revisor of the
protestee is absent or late
for thirty minutes and no
alternate appears as a
substitute, the revision
shall nevertheless
commence. The protestee
shall be deemed to have
waived the right to appear
and to object to the
 revision of ballots made
during his or her revisor’s
absence or tardiness.
(d) If the revisor of the
protestant or the revisors
of both parties fail to
appear. – If the
protestant’s revisor or the
revisors of both parties or
their alternates fail to
appear without justifiable
reason within one hour
after the scheduled start
of the revision, the ballot
boxes scheduled for
revision that day and the
corresponding ballot box
keys in the possession of
the chairperson, shall be
returned to the court’s
ballot box custodian, and
the ballots shall no longer
be revised, the parties are
deemed to have waived
their right to the revision
for that day, and the
chairperson shall state
the facts of absence and
waiver in the revision
report.
Section 5. Prohibited access.
–  During the revision, no person
other than the judge, the clerk of
the court, the chairperson and the
members of the revision
committee, the parties and their
duly authorized representatives
shall have the access to the
revision area.
Section 6. Conduct of revision. record this condition in
–  The revision of the votes on the the revision report. Based
ballots shall be done manually and on this observation, the
visually and through the use of revision committee must
appropriate PCOS machines, also determine whether
according to the procedure below: the integrity of the ballot
box has been preserved.
(a) On the scheduled day
of revision, the following, (c) The ballot box shall
if needed, should be in the then be opened and the
custody of the court: ballots taken out. The
"valid" ballots shall first be
(i)the ballot counted, without regard
boxes to the votes obtained by
containing the the parties. This will be
ballots in followed by the counting
protested and of the torn, unused stray
counter and rejected ballots, as
protested classified at the polling
precincts; and place.
(d) The votes appearing in
(ii) the data
the election returns copy
storage devices
for the ballot box shall
and the PCOS
then be recorded in the
machines used
minutes.
in the precincts
concerned or
any other device (e) Prior to the actual
that can be used revision, the revision
to authenticate committee must
or assure the authenticate each and
genuineness of every ballot to make sure
the ballots; that it was the same
ballots cast and fed to the
PCOS machine during the
(b) The revision
voting. The authentication
committee shall initially
shall be through the use
note, before anything else,
of PCOS machines
the condition of the ballot
actually used during the
box and its locks and
elections in the subject
locking mechanism, and
precinct, or by another
16
device certified by the
Commission to be
capable of performing the
desired authentication
requirement through the
use of the bar codes and
the ultra-violet ray code
detection mechanism.
(f) The recount shall only
proceed after the revision
committee, through its
chairperson and
members, has determined
that the integrity of the
ballots has been
preserved.
(g) The revision
committee shall
thereafter proceed to look
at the ballots and count
the indicated votes for the
contested position.
(h) In looking at the
shades or marks used to
register votes, the revision
committee shall bear in
mind that the will of the
voters reflected as votes
in the ballots shall as
much as possible be
given effect, setting
technicalities aside.
Furthermore, the votes
are presumed to have
been made by the voter
and shall be so
considered unless
reasons exist to justify
their rejection. However,
marks or shades that are
less than 50% of the oval
shall not be considered as
valid votes. Any issue as
to whether a certain mark
or shade is within the
threshold shall be
determined by using the
PCOS machine, not by
human determination.
(i) The rules on the
appreciation of the ballots
under Section211 of the
Omnibus Election Code
shall apply suppletorily
when appropriate.
(j) There shall be a tally
sheet in at least 5 copies,
plus additional copies
depending on the number
of additional parties, that
shall be used to tally the
votes as they are counted
through the use of taras
and sticks.
(k) After all the ballots
from one ballot box have
been counted, the revision
committee shall secure
the contested ballots and
complete the recount
report for the precinct.
Thereafter, it shall
proceed to recount the
votes from the ballots of
the next precinct.
(l) In case of multiple (a) the precinct number; (f) the votes of the
revision committees, the parties per  the ballot box
recount shall be done (b) the date, the place and copy of the election
simultaneously. the time of revision; returns and per  the tally
sheet/board found inside
(m) In the event that the the ballot box;
(c) the votes of the
revision committee parties per physical count;
determines that the (g) the number of ballots
integrity of the ballots and objected to by the parties
(d) the condition and the
the ballot box have not indicating therein the
serial numbers of the
been preserved, as when exhibit numbers;
following:.
proof of tampering or
substitution exists, it shall (h) the grounds of
proceed to instruct the (i) ballot boxes;
objections;
printing of the picture
image of the ballots (ii) self-locking
(i) the number of stray
stored in the data storage security metal
ballots;
device for the precinct. or plastic seals
The court shall provide a (inner and outer)
non-partisan technical and padlocks of (j) the claims on ballots
person who shall conduct the ballot boxes; with their exhibit
the necessary numbers; and
authentication process to (iii) security
ensure that the data or envelopes (k) the entries in the
image stored is genuine containing the Minutes of Voting and
and not a substitute. Only election returns; Counting, particularly:
after this determination and
can the printed picture (i) the number of
image be used for the registered
(iv) numbered
recount, voters;
paper seal of
the envelopes;
Section 7. Preparation and (ii) the number
submission of revision report. – The of voters who
(e) if required, the
committee shall prepare and actually voted;
availability of and other
submit to the court a revision
circumstances attendant
report per  precinct stating the
to the PCOS machines (iii) the number
following:
and other automated of official
election devices and ballots, together
paraphernalia used in the with their serial
revision;
17
 numbers, used the revision of ballots
in the election; from the protested
precincts and later from
(iv) the number the counter-protested
if ballots precincts, if so conducted
actually used based on the provisions
indicating the of Section 10 below. Each
serial numbers party furnished with a
of the ballots; copy of the committee
and report may submit its
comments thereon within
a non-extendible period of
(v) the unused
three (3) days from
ballots together
notice.
with their serial
numbers.
Section 8. Order of revision. –
Revision of ballots shall start with
The revision forms shall
those from the protested precincts ,
be made available prior to
subject to the provisions of Section
the revision. The per-
10 thereof.
precinct revision report
shall be signed and
Section 9. Inquiry as to security
certified by the
markings and vital information
chairperson and by the
relative to ballots and election
parties’ revisors, and shall
documents. – When a revision of
form part of the records
ballots is ordered, and for the
of the case.
guidance of the revisors, the court
shall inquire about the security
In addition to the per-
markings on the ballots and the
precinct revision report,
security measures used in the
the revision committee
election documents from the
shall also prepare and
Chairperson of COMELEC who shall
submit to the court, within
be obliged to indicate this
three days from
markings, measures and other vital
termination of the
information that may aid the court
revision, a committee
in determining the authenticity of
report summarizing the
the ballots and election documents.
data, votes, ballot
The parties shall be notified of the
objections and claims,
results of this inquiry.
and significant
observations made during
18
Section 10. Post-revision
determination of the merit or
legitimacy of the protest prior to
revision of the counter-protest. –
Immediately after the revision or
examination of ballots, or the
verification or re-tabulation of
election returns in all protested
precincts, the protestant shall be
required to point to a number of
precincts, corresponding to twenty
percent (20%) of the total of the
revised protested precincts, that
will best attest to the votes
recovered, ore that will best
exemplify the fraud or irregularities
pleaded in the protest. In the
meanwhile, the revision or
examination of the ballots, or the
verification or re-tabulation of
election returns in the counter-
protested precincts, shall be
suspended for a period not
exceeding fifteen days to allow the
court to preliminarily determine,
through the appreciation of ballots
and other submitted election
documents, the merit of legitimacy
of the protest based in the chosen
twenty percent (20%) of the
protested precincts.
Based on the results of this post-
revision preliminary determination,
the court may dismiss the protest
without further proceedings if the
validity of the grounds for the
protest is no established by the
evidence from the chosen twenty
percent (20%) of the protested
precincts; or proceed with the
revision or examination if the
ballots, or the verification or re-
tabulation of election returns in the
counter-protested precincts. In the
latter case, the protestee shall be
required to pay the cash deposit
within a non-extendible period of
three (3) days from notice.
Section 11. Continuation of the
appreciation of ballots. - If the court
decides not to dismiss the protest
after the preliminary examination of
the evidence from the chose twenty
percent (20%) of the protested
precincts, revision with respect to
the remaining precincts shall
proceed at the same time that the
ballots or election documents from
the counter-protested precincts are
being revised. After completion of
the revision of the protested
precincts, the court shall proceed
with the appreciation and revision
of ballots from the counter-
protested precincts.
RULE 11
TECHNICAL EXAMINATION
Section 1. Motion f or technical
examination; contents. –  Except
when the protest or counter-protest
involves allegation of massive
substitute voting, a party may move
for the technical examination of the
presented evidence within five (5)
days after completion of the
revision in the protest or counter-
protest, specifying:
 (a) The nature of the
technical examination
requested (e.g.,
fingerprint examination,
etc.);
(b) The documents or
machines/equipment to
be subjected to technical
examination;
(c) The objections made
in the course of the
revision of ballots which
the movant intends to
substantiate with the
results of the technical
examination; and
(d) The ballots covered by
these objections.
Section 2. Technical examination;
time limits. –  The court may grant
the motion for technical
examination at its discretion and
under the conditions it may impose.
If the motion is granted, the
technical examination shall start
within five (5) days from notice to
both parties, and shall be
completed within the period
specified by the court, in no case to
exceed to twenty successive
working days, unless the court
grants an extension based on
exceptionally meritorious ground. A
party may attend the technical
examination either personally or
through a representative. However
the technical examination shall
proceed with or without the
attendance of a party, provided that
the due notice has been given.
The expenses for technical
examination shall be for the
account of the party requesting the
examination. The technical
examination shall be under the
supervision of the clerk of court.
Section 3. Experts; who shall
provide. –  Experts necessary for
the conduct of technical
examination shall be provided by
the party requesting the same and
may come from the National
Bureau of Investigation, the PNP
Crime Laboratory, the Commission
on Elections, the Department of
Science and Technology, or experts
from the private sector. The other
party may secure the services of
his or her own expert who may only
observe, not interfere with, the
examination conducted by the
movant’s experts.
RULE 12
PHOTOCOPYING OF BALLOTS
Section 1. Photocopying
simultaneous with revision. – On
the motion of a party, the court may
allow the photocopying of ballots
and election documents, upon such
terms and conditions as the court
may impose. The photocopying, if
allowed, must start at the
19
commencement of revision and, as
far as practicable, must be
completed simultaneously with the
termination of revision.
Section 2. Where conducted;
parties to provide own
photocopying units. – Photocopying
shall be done within the premises
of the court, near the revision area,
and shall be under the supervision
of the clerk of court. The requesting
party shall provide an efficient
photocopying unit and shall bear all
attendant expenses.
Section 3. Copying or reproduction
of electronic data. – On the motion
of a party, the court may allow the
reproduction of electronic data that
are submitted as evidence, or that
are within the custody and control
of the COMELEC under the
conditions and safeguards the
COMELEC shall require. The costs
and expenses shall be for the
account of the party seeking the
reproduction.
RULE 13
PRESENTATION OF EVIDENCE
Section 1. Presentation and
reception of evidence; order of
hearing. – If at the preliminary
conference the parties have agreed
on issues that do not involve the
examination and appreciation of
ballots or other election documents
(e.g., vote-buying, fraud, terrorism
or violence), the reception of
evidence on the issues, including
the testimonies of witnesses, shall
be done simultaneously with the
revision of ballots that may be
required.
The reception of evidence on all
other matters or issues incidental
to or involving the ballots and
related election documents shall be
made upon completion of (a) the
revision of ballots or election
documents; or (b) the technical
examination, if allowed by the court
under the provisions of Rule 11 of
these Rules.
Reception of evidence shall be
made in accordance with the
following order of hearing:
(a) The protestant or
petitioner shall present
evidence in support of the
protest or petition;
(b) The protestee or
respondent shall then
adduce evidence in
support of the defense,
counterclaim or counter-
protest, if any;
(c) The parties may then
respectively offer rebuttal
evidence only, unless the
court for good reasons
and in the furtherance of
justice, permits them to
 offer evidence on their
original case; and
(d) No sur-rebuttal
evidence shall be allowed.
In offering testimonial evidence, the
party shall require the proposed
witness to execute an affidavit
which shall be considered as the
witness’ direct testimony, subject
to the right of the adverse party to
object to its inadmissible portions
and to orally cross-examine the
witness. The affidavit shall be
based on personal knowledge, shall
set forth facts as would be
admissible in evidence, and shall
show affirmatively that the affiant
is competent to testify on the
stated matters. The affidavit shall
be in question and answer form,
and shall be submitted to the court
and served on the adverse party at
least three (3) days before the
hearing.
Failure to submit the affidavit of
witness within the specified time
shall constitute a waiver of the
party’s right to present testimonial
evidence.
The one-day-cross-examination-of
witness rule – i.e., that a witness
has to be fully cross-examined on
one day – shall strictly be followed,
subject to the court’s discretion to
extend the cross-examination for
justifiable reasons.
The revision reports, as well as the Section 4. Adjournments and (ii) The Boards
ballots objected to or claimed by postponements. – No motion for of Election
the parties and the submitted postponement shall be allowed, Inspectors were
electronic evidence, shall except for clearly meritorious duly constituted
automatically form part of court reasons. In no case shall the and organized;
records and may be adopted by the resetting of hearings have an
other parties as their evidence. interval exceeding three calendar (iii) Political
days, nor shall the postponements parties and
Section 2. Offer of evidence. – The of hearing granted to each party candidates were
court shall not consider any exceed three (3). The filing of duly represented
evidence that has not been formally dilatory pleadings or motions shall by pollwatchers;
offered. Offer of evidence shall be constitute direct contempt of court
done orally on the last day of and shall be punished accordingly.
(iv)
hearing allowed for each party after Pollwatchers
the presentation of the party’s last Section 5. Burden of proof. – were able to
witness. The opposing party shall Burden of proof is the duty of a perform their
be required to immediately party to present evidence of the functions;
interpose objections to the offer. facts in issue to establish his or her
The court shall rule on the offer of claim or defense.
(v) The Minutes
evidence in open court. However,
of Voting and
the court may, at its discretion, Section 6. Disputable Counting
allow the party to make an offer of presumptions. – The following contains all the
evidence in writing, which shall be presumptions are considered as incidents that
submitted within three days from established facts, unless transpired
notice of the court’s order. If the contradicted and overcome by before the
court rejects any evidence offered, other evidence: Board of
the party may make a tender of the
Election
excluded evidence.
(a) On the election Inspectors; and
procedure:
Section 3. Reception of evidence
(vi) The Audit
continuous. – Reception of
(i) The election Log contains the
evidence, once commenced, shall
of candidates list of all
continue from day to day, as far as
was held on the activities
practicable, until fully completed or
date and at the performed by
terminated at the court’s order. In
time set and in the PCOS
no case shall the entire period for
the polling place machines from
reception of evidence exceed ten
determined by the time it was
successive days for each party,
the Commission powered on until
from the first day reception of
on Elections; it was turned
evidence starts, unless otherwise
off.
authorized by the Supreme Court.
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(b) On election devices are all in Section 7. Submission of period for their filing, whichever is
paraphernalia: order, and the memoranda. – The court may allow earlier. In an election protest, the
data generated the parties to submit their winner shall be the candidate who
(i) Ballots and reflect the respective memoranda within a obtained the plurality of the valid
election returns activities non-extendible period of ten (10) votes cast.
that bear the entered in these days from the verbal ruling of the
security electronic court on the last offer of exhibits; Section 2. Form of decision in
markings and machines and or, if the offer was made in writing, election protests. – After the
features devices. within ten (10) days from receipt of termination of the revision of
prescribed by the written ruling of the court. No ballots and before rendering its
the Commission (c) On appreciation of supplemental, reply or rebuttal decision in an election protest that
on Elections are ballots: memorandum shall be allowed. involved a revision, the court shall
genuine; examine and appreciate the original
(i) A ballot with RULE 14 ballots. The court, in its
(ii) The data and appropriate DECISION appreciation of the ballots and in
information security ruling on the parties’ claims and
supplied by the markings is Section 1. Rendition of decision. – objections, shall observe the
members of the valid; The court shall decide the election following rules:
Boards of contest within thirty (30) days from
Election (ii) The ballot the date the case is submitted for (a) On marked ballots –
Inspectors in the reflects the decision, in no case beyond six (6) The court must specify
accountable intent of the months after its filing, unless the and point to the marking
forms are true voter; Supreme Court authorizes an clearly indicating the
and correct; and extension in writing. Failure to voter’s intent to identify
comply with this timeline shall be the ballot.
(iii) The ballot
(iii) The considered a serious offense and
was properly
allocation, shall be a ground for disciplinary (b) On fake or spurious
accomplished;
packing and action against the judge. In ballots, election
distribution of addition, six (6) months after the document, machine,
(iv) A voter submission of the case for
election device or paraphernalia –
personally decision, the judge shall be relieved
documents or The court must specify
prepared one of all duties and functions except to
paraphernalia the COMELEC security
ballot, except in decide the election case.
were properly markings or features that
the case of
and timely done; are not found in the ballot,
assistors; and
An election protest is deemed election documents,
(iv) The PCOS submitted for decision after machine, device or
(v) The exercise completion of the reception of paraphernalia considered
and
of one’s right to evidence or, if the parties were fake or spurious, or the
consolidation
vote was allowed to submit memoranda, operation or aspects of
machines and
voluntary and upon submission of their the machine, device or
the data storage
free. memoranda or the expiration of the paraphernalia that

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 resulted in fake or
spurious results;
(c) On stray ballots – The
court must specify and
state in detail why the
ballots are considered
stray;
(d) On claimed ballots –
The court must specify
the exact basis for
admitting claimed votes
or crediting these to
either party.
Section 3. Several judgments. – In a
protest or petition against several
protestees or respondents, the
court may, when a several
judgment is proper, render
judgment against one or more of
them, leaving the protest or petition
to proceed against the others.
Section 4. Promulgation of
decision. – The decision signed by
the presiding judge shall be
promulgated by reading its
dispositive portion in open court on
a date set with notice to the parties
and filing the decision with the clerk
of court; or by the delivery of a copy
of the signed decision to the clerk
of court, who shall forthwith
indicate the date of rendition and
cause true copies thereof to be
served, personally or by registered
mail, on the counsels or on the
parties if they are not represented
by counsel.
Section 5. Finality of decision. –
The court’s promulgated decision
shall become final and executory
five (5) days after receipt of notice
by the parties if no appeal is taken.
Section 6. Entry of judgment. – If no
appeal is filed within the time
provided in these Rules, the
judgment shall be entered by the
clerk in the book of entries of
judgments. The date of finality of
the judgment shall be the date of
its entry. The record shall contain
the dispositive part of the judgment
and shall be signed by the clerk,
with a certificate that the judgment
has become final and executory.
Section 7. Notice of final
decision. – As soon as the decision
becomes final, the clerk of court
shall send notices to the COMELEC,
the Department of the Interior and
Local Government, and the
Commission on Audit.
Section 8. Appeal. – An aggrieved
party may appeal the decision to
the COMELEC within five (5) days
after promulgation, by filing a
notice of appeal with the court that
rendered the decision, with copy
served on the adverse counsel or
on the adverse party who is not
represented by counsel.
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Section 9. Appeal fee. – The by good reasons cited
appellant in an election contest and stated by the court in
shall pay to the court that rendered a special order. These
the decision an appeal fee of One reasons must:
Thousand Pesos (P1,000.00),
simultaneously with the filing of the (i) constitute
notice of appeal. superior
circumstances
Section 10. Immediate transmittal demanding
of records of the case. – The clerk urgency that
of court shall, within fifteen (15) would outweigh
days from the filing of the notice of the injury or
appeal, transmit to the Electoral damage, should
Contests Adjudication Department, the losing party
COMELEC, the complete records of secure a
the case, together with all the reversal of the
evidence, including the original and judgment on
three copies of the transcript of appeal; and
stenographic notes of the
proceedings. (ii) manifest, in
the decision
Section 11. Execution pending sought to be
appeal. – On motion of the executed, that
prevailing party with notice to the the defeat of the
adverse party, the court, at its protestee or the
discretion and while still in victory of the
possession of the original records, protestant has
may order the execution of its been clearly
decision before the expiration of established.
the period to appeal, subject to the
following rules: (b) If the court grants an
execution pending appeal,
(a) Execution pending an aggrieved party shall
appeal shall not issue have twenty working days
except upon motion and from notice of the special
hearing with prior notice order within which to
of the motion of at least secure a restraining order
three (3) days to the or status quo order from
adverse party. The motion the Supreme Court or the
for execution pending COMELEC. The
appeal must be supported corresponding writ of
 execution shall issue after
twenty (20) days if no
restraining order or status
quo order is issued.
During the twenty (20)-
day period, the issuance
of a writ of execution
pending appeal shall be
stayed.
Section 12. Jurisdiction of the
Commission on Elections in
certiorari cases. – The COMELEC
has the authority to issue the
extraordinary writs of certiorari,
prohibition and mandamus only in
aid of its appellate jurisdiction over
decisions of the courts in election
cases involving elective municipal
officials.
Section 13. Preferential disposition
of election contests. – The courts
shall give preference to election
contests over all other cases,
except petitions for habeas corpus
and for the writs of amparo and
habeas data.
RULE 15
COSTS, DAMAGES AND
ATTORNEY’S FEES
Section 1. Costs; when allowed. –
Costs shall be allowed to the
prevailing party as a matter of
course. The court shall have the
power, for special reasons, to
apportion the costs, as may be
equitable. The court may render
judgment for costs if a protest, a
counter-protest or a petition for quo
warranto is dismissed. When a
protest, a counter-protest or a
petition for quo warranto is found
to be frivolous, double or treble
costs may be imposed on the
protestant, the counter-protestant
or the petitioner.
Section 2. Damages and attorney’s
fees. – In all election contests, the
court may adjudicate damages and
attorney’s fees as it may deem just
and as established by the evidence,
if the aggrieved party has included
these claims in the pleadings.
RULE 16
ELECTRONIC EVIDENCE
Section 1. Original of an electronic
document or data. – An electronic
document or data shall be regarded
as the equivalent of an original
document under the Best Evidence
Rule if it is a printout or an output
readable by sight or other means
and shown to reflect the data
accurately.
Section 2. Copies as equivalent of
the originals. – When a document is
in two or more copies executed at
or about the same time with
identical contents, or is a
counterpart produced by the same
impression as the original, or from
the same matrix, or by mechanical
or electronic re-recording, or by
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chemical reproduction, or by other
equivalent techniques that
accurately reproduce the original,
such copies or duplicates shall be
regarded as the equivalent of the
original.
Notwithstanding the foregoing,
copies or duplicates shall not be
admissible to the same extent as
the original if:
a) a genuine question is
raised as to the
authenticity of the
original; or
b) under the
circumstances, it would
be unjust or inequitable to
admit the copy in lieu of
the original.
Section 3. Affidavit as evidence. –
All matters relating to the
admissibility and evidentiary weight
of an electronic document may be
established by an affidavit stating
facts of direct personal knowledge
of the affiant or based on authentic
records. The affidavit must
affirmatively show the competence
of the affiant to testify on the
matters contained therein. The
affiant shall be made to affirm the
contents of the affidavit in open
session and may be cross-
examined as a matter of right by
the adverse party.
RULE 17
AUTHENTICATION OF
ELECTRONIC DOCUMENTS AND
DATA
Section 1. Burden of proving
authenticity. – The person seeking
to introduce an electronic
document in an election protest
has the burden of proving its
authenticity in the manner provided
in this Rule.
Section 2. Manner of
authentication. – Before any
electronic document or data
offered as authentic is received in
evidence, its authenticity must be
proved by any of the following
means:
a) By evidence that it has
been digitally signed by
the person purported to
have signed it. "Digitally
signed" refers to an
electronic document or
electronic data message
bearing a digital signature
verified by the public key
listed in a certificate.
b) By evidence that other
appropriate security
procedures or devices for
authentication of
electronic documents
authorized by the
Supreme Court or by law
for the authentication of
 electronic documents
were applied to the
document; or

c) By other evidence
showing its integrity and
reliability to the
satisfaction of the judge.

Section 3. The Rules on Electronic

Evidence. – The Rules on Electronic
Evidence shall apply to evidentiary
aspects of pleadings, practice and
procedure in election contests not
otherwise specifically provided for
in these Rules.

RULE 18
FINAL PROVISIONS

Section 1. Repealing clause. – For

municipal election contests, these
rules supersede A.M. No. 07-4-15-
SC (The Rules of Procedure In
Election Contests Before The
Courts Involving Municipal and
Barangay Officials) which became
effective on May 15, 2007. All other
rules, resolutions, regulations or
circulars of the Supreme Court or
parts thereof that are inconsistent
with any provision of these Rules
are hereby deemed repealed or
modified accordingly.

Section 2. Effectivity clause. These

Rules shall take effect fifteen (15)
days after their publication in a
newspaper of general circulation in
the Philippines.

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