October 15, 1991

RESOLUTION OF THE COURT EN BANC 1991

I. Applicability

Section 1. Scope. — This rule shall govern the summary procedure in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:

A. Civil Cases:

(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00).

(2) All other cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed one hundred thousand pesos (P100,000.00) or, two hundred thousand pesos (P200,000.00) in Metropolitan Manila, exclusive of interest and costs. (aab A.M. No. 02-11-09-SC, November 25, 2002)

B. Criminal Cases:

(1) Violations of traffic laws, rules and regulations;

(2) Violations of the rental law;

(3) Violations of municipal or city ordinances;

(4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).

This Rule shall not apply to a civil case where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.

Section 2. Determination of applicability. — Upon the filing of a civil or criminal action, the court shall issue an order declaring whether or not the case shall be governed by this Rule A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action.

II. Civil Cases

Section 3. Pleadings. —

A. Pleadings allowed. — The only pleadings allowed to be filed are the complaints, compulsory counterclaims and cross-claims pleaded in the answer, and the answers thereto.

B. Verifications. — All pleadings shall be verified.

Section 4. Duty of Court. — After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action. If no ground for dismissal is found it shall forthwith issue summons which shall state that the summary procedure under this Rule shall apply.

Section 5. Answer. — Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded.

Section 6. Effect of Failure to Answer. — Should the defendant fail to answer the complaint within the period above provided, the court, motu proprio, oron motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more defendants.

Section 7. Preliminary Conference; Appearance of Parties. — Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule.

The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed.

If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section 6 hereof. This Rule shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference.

Section 8. Record of Preliminary Conference. — Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to:

a) Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;

b) The stipulations or admissions entered into by the parties;

c) Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;

d) A clear specification of material facts which remain controverted; and

e) Such other matters intended to expedite the disposition of the case.

Section 9. Submission of Affidavits and Position Papers. — Within ten (10) days from receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them.

Section 10. Rendition of Judgment. — Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.

However should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the same.

The court shall not resort to clarificatory procedure to gain time for the rendition of the judgment.

III. Criminal Cases

Section 11. How Commenced. — The filing of criminal cases falling within the scope of this Rule shall be either by complaint or by information: Provided, however, that in Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.

The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court's files. If this requirement is not complied with within five (5) days from date of filing, the case may be dismissed.

Section 12. Duty of Court. —

(a) If commenced by complaint. — On the basis of the complaint and the affidavits and other evidence accompanying the same, the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody.

(b) If commenced by information. — When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense.

Section 13. Arraignment and Trial. — Should the court, upon a consideration of the complaint or information and the affidavits submitted by both parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial.

If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.

Section 14. Preliminary Conference. — Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused.

Section 15. Procedure of Trial. — At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.

Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was previously submitted to the court in accordance with Section 12 hereof.

However, should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence, he shall so manifest during the preliminary conference, stating the purpose thereof. If allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of the defense shall be submitted to the court and served on the adverse party not later than three (3) days after the termination of the preliminary conference. If the additional affidavits are presented by the prosecution, the accused may file his counter-affidavits and serve the same on the prosecution within three (3) days from such service.

Section 16. Arrest of Accused. — The court shall not order the arrest of the accused except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.

Section 17. Judgment. — Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after the termination of trial.

IV. Common Provisions

Section 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no showing of compliance with such requirement, shall be dismissed without prejudice, and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant.

Section 19. Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third party complaints;

(l) Interventions.

Section 20. Affidavits. — The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein.

A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record.

Section 21. Appeal. — The judgment or final order shall be appealable to the appropriate regional trial court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by this Rule, including forcible entry and unlawful detainer, shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Section 10 of Rule 70 shall be deemed repealed.

Section 22. Applicability of the Regular Rules. — The regular procedure prescribed in the Rules of Court shall apply to the special cases herein provided for in a suppletory capacity insofar as they are not inconsistent herewith.

Section 23. Effectivity. — This Revised Rule on Summary Procedure shall be effective on November 15, 1991.

Published in the Manila Chronicle on October 21, 1991 and in the Manila Bulletin on October 22, 1991.

March 1, 2022

RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS

RULE I APPLICABILITY

Section 1. Coverage. - These rules shall govern the expedited procedures in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts, for the following cases falling within their jurisdiction:

A. CIVIL CASES

(1) Summary Procedure Cases, as follows:

(a) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed One Hundred Thousand Pesos (P100,000.00).

(b) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff's claim does not exceed Two Million Pesos (P2,000,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs.

(c) Complaints for damages where the claim does not exceed Two Million Pesos (P2,000,000.00), exclusive of interest and costs.

(d) Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991.

(e) Cases solely for the revival of judgment of any Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court.

(f) The civil aspect of a violation of Batas Pambansa Blg. 22 (the Bouncing Checks Law), if no criminal action has been instituted therefor. Should a criminal action be later instituted for the same violation, the civil aspect shall be consolidated with the criminal action and shall be tried and decided jointly under the Rule on Summary Procedure.

All other cases not included herein shall be governed by the regular rules of procedure.

(2) Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos (P1,000,000.00), exclusive of interest and costs.

A “small claim" is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies.

The claim or demand may be:

(a) For money owed under any of the following:

1. Contract of Lease;

2. Contract of Loan and other credit accommodations;

3. Contract of Services; or

4. Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties.

(b) The enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991.

B. CRIMINAL CASES

The following criminal cases shall be governed by the Rule on Summary Procedure:

(1) Violations of traffic laws, rules and regulations;

(2) Violations of the rental law;

(3) Violations of municipal or city ordinances;

(4) Violations of Batas Pambansa Blg. 22 (the Bouncing Checks Law); and

(5) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding one (1) year, or a fine not exceeding Fifty Thousand Pesos (P50,000.00), or both, regardless of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. In offenses involving damage to property through criminal negligence under Article 365 of the Revised Penal Code, this Rule shall govern where the imposable fine does not exceed One Hundred Fifty Thousand Pesos (P150,000.00).

If the prescribed penalty consists of imprisonment and/or a fine, the prescribed imprisonment shall be the basis for determining the applicable procedure.

All other cases not included herein shall be governed by the regular rules of procedure.

Sec. 2. Non-applicability. - These Rules shall not apply to civil cases where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the regular procedure; nor to criminal cases where the offense charged is necessarily related to another criminal case subject to the regular procedure.

RULE II GENERAL COMMON PROVISIONS

Section 1. Applicability of the regular rules. - The regular procedure prescribed in the Rules of Court shall apply to the cases covered by these Rules where no specific provision is found herein. It shall also apply in a suppletory manner even if there is a specific provision found in these Rules, but only insofar as not inconsistent. In case of inconsistency, these Rules shall prevail.

Sec. 2. Prohibited pleadings and motions. - The following pleadings, motions, or petitions shall not be allowed in cases governed by these Rules:

(a) In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to quash the complaint or information, except on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160;

(b) Motion to hear and/or resolve affirmative defenses;

(c) Motion for a bill of particulars;

(d) Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of proceedings;

(e) Petition for relief from judgment;

(f) Motion for extension of time to file pleadings, affidavits or any other paper;

(g) Memoranda;

(h) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

(i) Motion to declare the defendant in default;

(j) Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory unless grounded on acts of God, force majeure, or physical inability of a counsel or witness to personally appear in court, as supported by the requisite affidavit and medical proof;

(k) Rejoinder;

(l) Third-party complaints;

(m) Motion for and Complaint in Intervention;

(n) Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground of force majeure or acts of God;

(o) Motion for judicial determination of probable cause in criminal cases.

Sec. 3. Videoconference. - As far as practicable, and if the court finds that the conduct of a videoconference hearing will be beneficial to the fair, speedy and efficient administration of justice, the court, on its own initiative or upon motion, may set the case for a videoconference hearing at any stage of the proceedings.

Sec. 4. Service pursuant to international convention. - Service made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall be valid, and the period to answer shall commence from receipt of the document served.

RULE III THE RULE ON SUMMARY PROCEDURE

A. CIVIL CASES

Section 1. Pleadings and Verification.- The only pleadings allowed to be filed are the complaint, compulsory counterclaim, cross-claim pleaded in the answer, and reply, as provided in Section 8 of this Rule.

All pleadings shall be verified.

Sec. 2. Form and contents of pleadings. - All pleadings submitted under this Rule shall comply with Rule 7 of the 2019 Amendments to the 1997 Rules of Civil Procedure.

All cases requiring prior referral to barangay conciliation must contain a statement of compliance, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160. Where there is no showing of compliance with such requirement, the complaint shall be dismissed without prejudice, on the court's own initiative or upon motion by the defendant, and may be re-filed only after the requirement has been complied with.

Sec. 3. Complaint. - The complaint shall state the following:

(a) The names of the affiants whose judicial affidavits will be presented to prove the plaintiff's claim. The judicial affidavits shall be attached to the complaint and form an integral part thereof. Judicial affidavits not attached to the complaint shall not be considered;

(b) The summary of the statements in the judicial affidavits;

(c) The documentary and other object evidence in support of the allegations in the complaint; and

(d) Whether the plaintiff consents to service by electronic means or facsimile and, if so, the plaintiff's e-mail addresses or facsimile numbers for such purpose.

Sec. 4. Summons. - Within five (5) calendar days from receipt of a new civil case, if the court determines that the case falls under this Rule, the court shall direct the Branch Clerk to issue summons to the defendant, stating clearly that the case shall be governed by the Rule on Summary Procedure.

However, if from an examination of the allegations in the initiatory pleading and such evidence as may be attached thereto, a ground for the outright dismissal of the case is apparent, the court may dismiss the case on its own initiative. These grounds include lack of subject matter jurisdiction, improper venue, lack of legal capacity to sue, litis pendentia, res judicata, prescription, failure to state a cause of action, non-submission of a certification against forum shopping, and lack of compliance with a condition precedent such as absence of barangay conciliation, among others.

A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action.

Sec. 5. Filing and Service. - The rules on filing and service of pleadings under Rule 13 and service of summons under Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to cases under this Rule, unless inconsistent.

Sec. 6. Answer. - Within thirty (30) calendar days from service of summons, the defendant shall file an answer to the complaint and serve a copy thereof on the plaintiff.

The answer shall state the following:

(a) The names of the affiants whose judicial affidavits will be presented to prove the defendant's allegations. The judicial affidavits shall be attached to the answer and form an integral part thereof. Judicial affidavits not attached to the answer shall not be considered;

(b) The summary of the statements in the judicial affidavits;

(c) The documentary and other object evidence in support of the allegations in the answer; and

(d) Whether the defendant consents to service by electronic means or facsimile and, if so, the defendant's e-mail addresses or facsimile numbers for such purpose.

Affirmative defenses not pleaded in the answer shall be deemed waived, except for lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.

Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred.

Sec. 7. Counterclaims Within the Coverage of this Rule. - If at the time the action is commenced, the defendant possesses a claim against the plaintiff that

(a) is within the coverage of this Rule, exclusive of interest and costs;

(b) arises out of the same transaction or event that is the subject matter of the plaintiff's claim;

(c) does not require for its adjudication the joinder of third parties; and

(d) is not the subject of another pending action,

the claim shall be filed as a counterclaim in the answer; otherwise, the defendant shall be barred from suing on such counterclaim.

The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid.

Any amount pleaded in a counterclaim in excess of Two Million Pesos (P2,000,000.00), excluding interests and costs, shall be deemed waived.

Sec. 8. Reply. - All new matters alleged in the answer shall be deemed controverted.

The plaintiff may file a reply to a counterclaim only when an actionable document is attached to the answer. The reply shall be filed within ten (10) calendar days from receipt of the answer.

Sec. 9. Effect of failure to answer. - Should the defendant fail to answer the complaint within the period provided, the court, on its own initiative, or upon manifestation by the plaintiff that the period for filing an answer has already lapsed, shall render judgment as may be warranted by the facts alleged in the complaint and its attachments, limited to what is prayed for therein.

The court may reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable.

Sec. 10. Preliminary Conference; notice. - Within five (5) calendar days after the last responsive pleading is filed, the Branch Clerk of Court shall issue a Notice of Preliminary Conference, which shall be held within thirty (30) calendar days from the date of filing of such last responsive pleading. The rules on pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to the Preliminary Conference, unless inconsistent.

The Notice of Preliminary Conference shall include the dates respectively set for:

(a) Preliminary Conference (within 30 calendar days from the filing of the last responsive pleading);

(b) Court-Annexed Mediation (within an inextendible period of 30 calendar days from date of referral for mediation); and

(c) Judicial Dispute Resolution, in the court's discretion (within an inextendible period of 15 calendar days from notice of failure of the Court-Annexed Mediation).

Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the Preliminary Conference and shall merit the same sanctions under Section 12 of this Rule.

Sec. 11. Preliminary Conference Brief. - The parties shall file with the court and serve on the adverse party in such a way as to ensure receipt, at least three (3) calendar days before the scheduled Preliminary Conference, their respective Preliminary Conference Briefs, which shall contain, among others:

(a) A summary of admitted facts;

(b) A summary of disputed facts and proposals for stipulations on the same;

(c) A statement of factual and legal issues; and

(d) A list of testimonial, object, and other documentary evidence offered in support of the party's claims or defenses, and their markings, if any.

Failure to submit a Preliminary Conference Brief within the period given shall merit the same sanction as non-appearance at the Preliminary Conference.

Sec. 12. Appearance at Preliminary Conference. - It shall be the duty of the parties and their counsel to appear at the Preliminary Conference, Court Annexed Mediation, and Judicial Dispute Resolution, if the latter is ordered by the court. The non-appearance of a party and/or counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party, but must be fully authorized through a Special Power of Attorney or a board resolution, as the case may be, to:

(1) enter into an amicable settlement,

(2) to submit to alternative modes of dispute resolution, and

(3) to enter into stipulations or admissions of facts and documents. An authority which fails to include all these acts shall be ineffective and the party represented shall be deemed absent.

The failure despite notice of the plaintiff and/or his or her counsel to appear at the Preliminary Conference shall be a cause for the dismissal of the complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on the counterclaim, in accordance with Section 9 of this Rule. All cross-claims shall be dismissed.

If a sole defendant and/or his or her counsel fail to appear at the Preliminary Conference, the plaintiff shall be entitled to judgment in accordance with Section 9 of this Rule. This Rule shall not apply, however, where one of two or more defendants sued under a common cause of action and who had pleaded a common defense, shall appear at the Preliminary Conference.

Sec. 13. Preliminary Conference Order. - Immediately after the preliminary conference and the issues having been joined the court shall issue a Preliminary Conference Order referring the parties to the mandatory Court-Annexed Mediation, and Judicial Dispute Resolution, which shall be conducted in accordance with the provisions of A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of the Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (IDR) in Civil Cases.

The court may, in the same Preliminary Conference Order, declare the case submitted for judgment if, on the basis of the pleadings and their attachments, as well as the stipulations and admissions made by the parties, judgment may be rendered without the need of submission of position papers. In this event, the court shall render judgment within thirty (30) calendar days from issuance of the order. The court's order shall not be the subject of a motion for reconsideration or a petition for certiorari, prohibition, or mandamus, but may be among the matters raised on appeal after a judgment on the merits.

If the court, however, deems the submission of position papers still necessary, it shall require the parties, in the Preliminary Conference Order, to submit their respective position papers within ten (10) calendar days from receipt of such order. No other judicial affidavits or evidence will be admitted even if filed with the position papers.

Sec. 14. Rendition of judgment. - Within thirty (30) calendar days from receipt by the court of the Mediator's Report or the JDR Report on the parties' failure to reach an amicable settlement, the court shall render judgment.

However, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit additional judicial affidavits or other evidence on the said matters, within ten (10) calendar days from receipt of said order. Judgment shall be rendered within fifteen (15) calendar days after the receipt of the last clarificatory judicial affidavits, or the expiration of the period for filing the same.

The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment.

B. CRIMINAL CASES

Section 1. How commenced; filing and service. – The filing of criminal cases governed by the Rule on Summary Procedure shall either be by complaint or by information.

The complaint or information shall be accompanied by the judicial affidavits of the complainant and of his or her witnesses, in such number of copies as there are accused, plus one (1) copy for the court.

The complaint or information and other submissions of the parties may be filed with the court and served on the adverse party/ies, and judgments, resolutions, orders, and other court processes may be served to the parties, electronically with their consent, in accordance with the prevailing Rules and other Court issuances.

Sec. 2. Duty of court; Judicial Affidavits. -

(a) If commenced by complaint. – On the basis of the complaint and the judicial affidavits and other evidence accompanying the same, the court may dismiss the case outright for lack of probable cause, and order the release of the accused if in custody.

(b) If commenced by information. - When the case is commenced by information, or is not dismissed pursuant to paragraph (a), the court shall issue an order which, together with copies of the resolution of the investigating officer and the judicial affidavits and other evidence submitted by the prosecution, shall require the accused to submit a judicial counter-affidavit and the judicial affidavits of his or her witnesses, as well as any other evidence in his or her behalf, within fifteen (15) calendar days from receipt of the order. The accused shall serve copies thereof on the private complainant and the public prosecutor within the same period.

Except on rebuttal, no witness shall be allowed to testify unless his or her judicial affidavit was submitted in accordance with this provision. The judicial affidavit shall take the place of the direct testimony of a witness.

However, instead of judicial affidavits, the prosecution may submit the written sworn statements of the complainant and/or the witnesses prepared by the law enforcement agents assigned to the case, or the affidavits submitted to the public prosecutor during preliminary investigation. If the prosecution chooses this option, the prosecutor shall not be allowed to ask additional direct examination questions of the complainant and/or the witnesses, except for meritorious reasons. The sworn statements and affidavits shall stand as the direct testimony of the affiants, supplemented by additional direct examination if allowed by the court.

Sec 3. Determination of probable cause. - Upon receipt of the accused's judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses, or the lapse of the period given for the submission thereof, the court shall determine if probable cause exists to hold the accused for trial.

If the court finds that no probable cause exists, it shall order the dismissal of the case and the immediate release of the accused, if in custody.

If the court finds that probable cause exists, the court shall set the case for arraignment and pre-trial.

For detained accused, if the period for submission of judicial affidavits and other evidence by the accused has not yet lapsed and no submission has been made on the date set for the arraignment and pre-trial, the court may proceed with the arraignment if the accused waives the court's consideration of his or her judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses in the determination of probable cause, without waiver of the admission of such judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses within a fresh period of ten (10) calendar days from the date of the arraignment and the pre-trial.

Sec. 4. Arrest. - The court shall not issue a warrant for the arrest of the accused in criminal cases governed by the Rule on Summary Procedure, except for failure to appear despite notice, whenever required by the court. Release of the person arrested shall either be on bail, or on his or her own recognizance, or that of a responsible citizen acceptable to the court.

If the warrant of arrest could not be served on the accused because he or she could not be located, the court shall issue an order archiving the case once the law enforcement agency entrusted with the service of the warrant of arrest files a return to that effect, or after six (6) months from the issuance of the warrant of arrest, there being no return filed by the law enforcement agency.

Sec. 5. Arraignment and pre-trial. -

(a) Upon receipt of the case, the court shall set the arraignment and pre-trial within ten (10) calendar days for detained accused and thirty (30) calendar days for non-detained accused.

The notice of arraignment and pre-trial shall require the attendance of the accused and his or her counsel and all defense witnesses, the private complainant and his or her witnesses, the public prosecutor and private prosecutor, where allowed, as well as the law enforcement agents assigned to the case.

Before arraigning the accused, the court shall inquire into the possibility of a plea bargain between the parties. If there is no plea bargain, the court shall arraign the accused on the original charge and enter his or her plea in the record.

If the accused pleads guilty to the original charge, the court shall forthwith sentence him or her.

If the accused offers to plead guilty to a lesser offense, the consent of the public prosecutor and the private complainant, or the law enforcement agent assigned to the case in victimless crimes, shall be secured, unless the latter are absent despite notice, in which case the consent of the public prosecutor shall suffice.

(b) After arraignment, the court shall conduct the Pre-Trial Conference in accordance with the Revised Guidelines for Continuous Trial of Criminal Cases.

No admission by the accused shall be used against him or her unless reduced into writing and signed by the accused and the defense counsel. The signatures of the accused and the defense counsel either on the Pre Trial Order or the Minutes of the Pre-Trial Conference, which embodies such admissions, shall suffice.

Sec. 6. Trial and Offer. - At the trial, the testimonies of witnesses shall consist of the duly subscribed written statements given to law enforcement agents, or the affidavits or counter-affidavits submitted before the investigating officer, or their judicial affidavits, subject to cross, re-direct, and re-cross examination questions.

Should any affiant fail to testify, his or her affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.

Except on rebuttal, no witness shall be allowed to testify unless his or her affidavit was previously submitted to the court in accordance with Section 2 hereof.

The prosecution shall have sixty (60) calendar days to complete its evidence presentation. On the last day of its presentation of evidence, the public prosecutor shall orally offer the prosecution evidence. The defense counsel shall then make his or her oral comments on the offer, and thereafter, the court shall orally resolve the offer of evidence of the prosecution. The ruling shall be embodied in the written order the court will issue thereafter.

The defense shall also have sixty (60) calendar days to complete its evidence presentation. On the last day of its presentation of evidence, the defense counsel shall orally offer the defense evidence. The public prosecutor shall then make his or her oral comments on the offer, and thereafter, the court shall orally resolve the offer of evidence of the defense. The ruling shall be embodied in the written order the court will issue thereafter.

If the prosecution decides to present rebuttal evidence, it shall have fifteen (15) calendar days from the court action on the offer of defense evidence to complete the same.

A motion for postponement of any trial date shall be presumed dilatory and denied outright, unless grounded on acts of God, force majeure, or duly substantiated physical inability of the counsel or witness. Any postponement granted by the court for the authorized causes shall not extend the period for presentation of a party's evidence. The party who sought the postponement shall only have the remaining trial dates assigned to him or her to complete his or her evidence presentation.

Sec. 7. Judgment. - The court shall render and promulgate the judgment not later than thirty (30) calendar days from the court's action on the last presenting party's offer of evidence.

C. APPEALS IN SUMMARY PROCEDURE

Section 1. Ordinary appeal. - Any judgment, final order, or final resolution in a Summary Procedure case may be appealed to the appropriate Regional Trial Court exercising jurisdiction over the territory under Rule 40 for civil cases and Rules 122 for criminal cases, of the Rules of Court. The appeal shall be taken by filing a notice of appeal, together with proof of payment of the appeal fees, with the court that rendered the judgment, order or resolution appealed from, within fifteen (15) calendar days from receipt of the same.

Sec. 2. Remedy from judgment on appeal. - The judgment of the Regional Trial Court on the appeal shall be final, executory, and unappealable.

RULE IV THE RULE ON SMALL CLAIMS

Section 1. Scope. - This Rule shall govern the procedure in actions before the Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) for payment or reimbursement of a sum of money where the value of the claim does not exceed One Million Pesos (P1,000,000.00).

Sec. 2. Objectives. -

(a) To protect and advance the constitutional right of persons to a speedy disposition of their cases;

(b) To provide a simplified and inexpensive procedure for the disposition of small claims cases; and

(c) To introduce innovations and best practices for the benefit of the underprivileged.

Sec. 3. Definition of Terms. - For purposes of this Rule:

1. Plaintiff refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against a plaintiff;

2. Defendant is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim;

3. Person is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law;

4. Individual is a natural person;

5. Motion means a party's request, written or oral, to the court for an order or other action. It shall include an informal written request to the court, such as a letter;

6. Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge;

7. Affidavit means a written statement or declaration of facts that are sworn to or affirmed to be true;

8. Business of Lending refers to any lending activity pursued with regularity;

9. Business of Banking refers to the business of lending funds obtained in the form of deposits.

Sec. 4. Commencement of Small Claims Action. - A small claims action is commenced by filing with the court an accomplished Statement of Claim/s with Verification and Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-SCC) and duly certified photocopies of the actionable document/s subject of the claim, affidavits of witnesses, and other evidence to support the claim, with as many copies thereof as there are defendants. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim/s, unless good cause is shown for the admission of additional evidence.

The plaintiff must state in the Statement of Claim/s if he/she/it is engaged in the business of lending, banking and similar activities, and the number of small claims cases filed within the calendar year regardless of judicial station.

For juridical entities, a board resolution or secretary's certificate authorizing the person to file the claim must be attached to the Statement of Claim/s.

No formal pleading, other than the Statement of Claim/s described in this Rule, is necessary to initiate a small claims action.

Sec. 5. Venue for Small Claims Cases. - The regular rules on venue shall apply.

However, if the plaintiff is engaged in the business of lending, banking and similar activities, and has a branch within the municipality or city where the defendant resides or is holding business, the Statement of Claim/s shall be filed in the court of the city or municipality where the defendant resides or is holding business. If there are two (2) or more defendants, it shall be filed in the court of the city or municipality where any of them resides or is holding business, at the option of the plaintiff.

Sec. 6. Joinder of Claims. - Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed One Million Pesos (P1,000,000.00).

Sec. 7. Affidavits. - The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants or based on authentic records, which are admissible in evidence.

A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.

The non-submission of the required affidavits will cause the immediate dismissal of the claim or counterclaim.

Sec. 8. Payment of Filing Fees. - The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent. Exemption from the payment of filing fees shall be granted only by the Supreme Court.

However, if more than five (5) small claims are filed by one party within the calendar year, regardless of the judicial station, an additional filing fee of Five Hundred Pesos (P500.00) shall be paid for every claim filed after the fifth (5th) claim, and an additional One Hundred Pesos (P100.00) or a total of Six Hundred Pesos (+600.00) for every claim filed after the tenth (10th) claim, and another One Hundred Pesos (P100.00) or a total of Seven Hundred Pesos (P700) for every claim filed after the fifteenth (15th) claim, progressively and cumulatively.

If a case is dismissed without prejudice under Sec. 12 (f) of this Rule, and is re-filed within one (1) year from notice of dismissal, the plaintiff shall pay a fixed amount of Two Thousand Pesos (P2,000.00) as filing fee, inclusive of the One Thousand Peso (P1,000.00) fee for service of summons and processes.

If the plaintiff is engaged in the business of lending, banking, and similar activities, the amount of filing and other legal fees shall be the same as those applicable to cases filed under the regular rules of procedure.

A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts. If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given five (5) calendar days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the One Thousand Peso (P1,000.00) fee for service of summons and processes.

Sec. 9. Dismissal of the Claim. - After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim/s and such evidence attached thereto, on its own initiative, dismiss the case outright on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;

(b) There is another action pending between the same parties for the same cause;

(c) The action is barred by prior judgment;

(d) The claim is barred by the statute of limitations;

(e) The court has no jurisdiction over the person of the defendant;

(f) Venue is improperly laid;

(g) Plaintiff has no legal capacity to sue;

(h) The Statement of Claim/s states no cause of action;

(i) That a condition precedent for filing the claim has not been complied with; and

(j) Plaintiff failed to submit the required affidavits, as provided in Section 7 of this Rule.

The order of dismissal shall state if it is with or without prejudice.

If, during the hearing, the court is able to determine that there exists a ground for dismissal of the Statement of Claim/s, the court may, on its own initiative, dismiss the case even if such ground is not pleaded in the defendant's Response (Form 3-SCC).

If plaintiff misrepresents that he/she/ it is not engaged in the business of lending, banking, or similar activities when in fact he/she/it is so engaged, the Statement of Claim/s shall be dismissed with prejudice and plaintiff shall be meted the appropriate sanctions, including citation for direct contempt.

However, if the case does not fall under this Rule, but falls under summary or regular procedure, or if the case is filed under summary or regular procedure but falls under this Rule, the case shall not be dismissed. Instead, the case shall be re-docketed under the appropriate procedure, and returned to the court where it was assigned, subject to payment of any deficiency in the applicable regular rate of filing fees.

Sec. 10. Summons and Notice of Hearing. - If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) within twenty-four (24) hours from receipt of the Statement of Claim/s, directing the defendant to submit a verified Response.

The Summons to be served on the defendant shall be accompanied by a copy of the Statement of Claim/s and documents submitted by plaintiff, and a blank Response Form (Form 3-SCC) to be accomplished by the defendant.

The court shall also issue a Notice of Hearing (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 20 of this Rule. A blank Special Power of Attorney (Form 7-SCC) shall be attached to the Notice of Hearing.

The Notice of Hearing shall accompany the Summons and shall contain: (a) the date of the hearing, which shall not be more than thirty (30) calendar days from the filing of the Statement of Claim/s, or not more than sixty (60) calendar days if one of the defendants resides or holds business outside the judicial region; and (b) the express prohibition against the filing of a motion to dismiss or other prohibited motions under Section 2, Rule II.

Sec. 11. Electronic Filing and Service. - The service of court issuances and filings by the plaintiff/s and defendant/s may be made through email, facsimile, and other electronic means. Notices may also be served through mobile phone calls, short messaging service (SMS), or instant messaging (IM) software applications. The consent to, and chosen mode of, electronic service and notice shall be indicated in the Statement of Claim/s or Response, as the case may be.

Sec. 12. Service of Summons. -

(a) The Summons and Notice of Hearing must be issued within twenty-four (24) hours from receipt of the Statement of Claim/s.

The Summons, together with the Notice of Hearing, shall be served by the sheriff, his or her deputy, or other proper court officer within ten (10) calendar days from issuance. Within five calendar (5) days from such service, the Officer's Return shall be filed with the court with a copy furnished to the plaintiff at the given address/es of record.

(b) If Summons is returned without being served on any or all of the defendants, the court shall order the plaintiff or his or her representative to serve or cause the service of Summons.

(c) In cases where Summons is to be served outside the judicial region of the court where the case is pending, the court may order the plaintiff or his or her representative to serve or cause the service of Summons.

(d) If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized representative therein, attaching a board resolution or secretary's certificate thereto, as the case may be, stating that such representative is duly authorized to serve the Summons on behalf of the plaintiff.

(e) If the plaintiff misrepresents that the defendant was served with Summons, and it is later proved that no Summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be declared in indirect contempt under Rule 71 of the Rules of Court, and/or be meted a fine in the amount of P5,000.00

(f) In both instances under paragraphs (b) and (c), the plaintiff shall inform the court within thirty (30) calendar days from notice if said Summons was served; otherwise, the Statement of Claim/s shall be dismissed without prejudice as to those who were not served with Summons. This is not a ground to archive the case. The case, however, may be re-filed within one year from notice of dismissal, subject to payment of reduced filing fees under Section 8 hereof.

Sec. 13. Response. - The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response (Form 3-SCC) within a non-extendible period of ten (10) calendar days from receipt of Summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.

Sec. 14. Effect of Failure to File Response. - Should the defendant fail to file his/her/its Response within the required period, and likewise fail to appear on the date set for hearing, the court shall render judgment within twenty-four (24) hours from the termination of the hearing, as may be warranted by the facts alleged in the Statement of Claim/s and its attachments.

Should the defendant fail to file his/her/its Response within the required period but appear on the date set for hearing, the court shall ascertain what defense he/she/it has to offer, which shall constitute his/her/its Response, proceed to hear the case on the same day as if a Response has been filed and, thereafter, render judgment within twenty four (24) hours from the termination of the hearing. If the defendant relies on documentary evidence to support his defense, the court shall order him/her/it to submit original copies of such documents within three (3) calendar days from the termination of the hearing and, upon receipt thereof or expiration of the period to file, the court shall render judgment within twenty four (24) hours.

Sec. 15. Counterclaims Within the Coverage of this Rule. - If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff's claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suing on such counterclaim.

The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid.

Any amount pleaded in a counterclaim in excess of One Million Pesos (P1,000,000.00), excluding interests and costs, shall be deemed waived.

Sec. 16. Availability of Forms; Assistance by Court Personnel. - The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements, as well as procedure, for small claims cases.

Plaintiff shall be given copies of Forms 1-SCC (Statement of Claim/s), 1-A-SCC (Other Plaintiffs or Defendants) for additional plaintiffs or defendants, if any, and 1-B-SCC (Plaintiff's Information Sheet).

The Branch Clerk of Court must ensure that there should be, at least, one (1) hearing day every week devoted to Small Claims, with a minimum of five (5) cases scheduled per hearing day. Cases with the same party plaintiff may all be set on the same date for facility in the preparation of notices and judgments. The Court should post a notice of its Small Claims hearing day conspicuously at the Branch and at the Office of the Clerk of Court.

Sec. 17. Appearance. - The parties shall personally appear on the designated date of hearing.

Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer. Juridical entities shall not be represented by a lawyer in any capacity.

The representative must be authorized under a Special Power of Attorney (Form 7-SCC), board resolution or secretary's certificate, as the case may be, to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.

Sec. 18. Appearance of Attorneys Not Allowed. - No attorney shall appear on behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her/its claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter's consent.

Sec. 19. Non-appearance of parties. - Failure of the plaintiff to appear shall be cause for the dismissal of the Statement of Claim/s without prejudice. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on the counterclaim.

Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 14 of this Rule. This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing.

Failure of both parties to appear shall cause the dismissal with prejudice of both the Statement of Claim/s and the counterclaim.

Sec. 20. Postponement When Allowed. - A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.

Sec. 21. Duty of the Court. - At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.

Sec. 22. Hearing. - At the hearing, the judge shall first exert efforts to bring the parties to an amicable settlement of their dispute. Settlement discussions must be conducted in strict confidentiality.

Any settlement or resolution of the dispute shall be reduced into writing, signed by the parties, and immediately submitted to the court for approval at the hearing (Form 9-SCC). The court shall render judgment based on the compromise agreement within twenty-four (24) hours, and furnish copies thereof to the parties (Form 10-SCC).

If at any time before or at the hearing, a compromise agreement is submitted, signed by both parties, but only one (1) or neither party appears to confirm it, the court shall issue an order directing the non appearing party /ies to confirm the compromise agreement within three (3) calendar days from notice thereof; otherwise, it shall be deemed confirmed.

If efforts at settlement fail, the court shall immediately proceed to hear the case in an informal and expeditious manner and, thereafter, render judgment within twenty-four (24) hours from termination of the hearing

Sec. 23. Resort to alternative videoconferencing platform. - Should the hearing be done through videoconferencing, the court shall require the parties to participate through the use of the Court-prescribed videoconferencing platform. However, if any of the participants communicates his or her difficulty in accessing or using the said videoconferencing platform, the court may allow the use of alternative videoconferencing platforms or instant messaging (IM) applications with video call features, provided that the following conditions are met:

1. The court shall use either its official e-mail address or cell phone number to access the alternative videoconferencing platform or instant messaging (IM) application;

2. The parties shall use the e-mail address or cell phone number they indicated in their Statement of Claim/s or Response, as the case may be, to access the alternative videoconferencing platform or instant messaging (IM) application; and

3. The court shall maintain a record and transcription of the proceedings.

Sec. 24. Decision. - After the hearing, the court shall render its decision based on the facts established by the evidence, within twenty-four (24) hours from termination of the hearing (Form 11-SCC). The refund of the remaining balance from the Sheriff's Trust Fund (STF), subject to accounting and auditing procedures, shall be included in the decision.

The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.

The decision shall be final, executory and unappealable.

Sec. 25. Execution. - When the decision is rendered and proof of receipt thereof is on record, execution shall issue (Forms 13-SCC, 13-A-SCC, or 13 B-SCC) upon ex parte motion of the winning party (Form 12-SCC). However, a decision based on compromise shall not be covered by the requirement of proof of receipt.

Sec. 26. Certification of documents. - All documents attached to the Statement of Claim/s or Response that are required to be certified, except public or official documents, shall be certified by the signature of the plaintiff or defendant concerned.

Sec. 27. Non-applicability. - The rules on mediation and judicial dispute resolution shall not apply, as the parties may enter into compromise at any stage of the proceedings.

RULE V EFFECTIVITY

The Rules on Expedited Procedures in the First Level Courts shall take effect on 11 April 2022 and shall prospectively apply only to cases filed from the said date of effectivity. Those pending cases covered by these Rules, which are currently before the second and first level courts, shall remain with and be decided by those same courts based on the rules applicable at the time those cases were filed.

Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water are used, water that is no longer reusable because it is laden with chemicals and is just released to the environment to poison our rivers and seas;

Whereas, there is a need to cut the judicial system’s use excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing;

Whereas, the judiciary can play a big part in saving our trees, conserving precious water and helping mother earth;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:

Sec. 1. Title of the Rule– This rule shall be known and cited as the Efficient Use of Paper Rule.

Sec. 2. Applicability. – This rule shall apply to all courts and quasi-judicial bodies under the administrative supervision of the Supreme Court.

Sec. 3. Format and Style. – a) All pleadings, motions and similar papers intended for the court and quasi-judicial body’s consideration and action (court-bound papers) shall written in single space with one-and-a –half space between paragraphs, using an easily readable font style of the party’s choice, of 14-size font, and on a 13 –inch by 8.5- inch white bond paper; and

b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the administrative supervision of the Supreme Court shall comply with these requirements. Similarly covered are the reports submitted to the courts and transcripts of stenographic notes.

Sec. 4. Margins and Prints .— The parties shall maintain the following margins on all court-bound papers: a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from the edge. Every page must be consecutively numbered.

Sec. 5. Copies to be filed. – Unless otherwise directed by the court, the number of court- bound papers that a party is required or desires to file shall be as follows:

a. In the Supreme Court, one original (properly marked) and four copies, unless the case is referred to the Court En Banc, in which event, the parties shall file ten additional copies. For the En Banc, the parties need to submit only two sets of annexes, one attached to the original and an extra copy. For the Division, the parties need to submit also two sets of annexes, one attached to the original and an extra copy. All members of the Court shall share the extra copies of annexes in the interest of economy of paper.

Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months following the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit, simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in PDF format) either by email to the Court’s e-mail address or by compact disc (CD). This requirement is in preparation for the eventual establishment of an e-filing paperless system in the judiciary.

b. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with their annexes;

c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the En Banc, one Original (properly marked) and eight copies with annexes; and

d. In other courts, one original (properly marked) with the stated annexes attached to it.

Sec. 6. Annexes Served on Adverse Party. – A party required by the rules to serve a copy of his court-bound on the adverse party need not enclose copies of those annexes that based on the record of the court such party already has in his possession. In the event a party requests a set of the annexes actually filed with the court, the part who filed the paper shall comply with the request within five days from receipt.

Sec. 7. Date of Effectivity. – This rule shall take effect on January 1, 2013 after publication in two newspapers of general circulation in the Philippines.

Manila, November 13, 2012.

PART ONE General Provisions and Coverage

1. Concept of court diversion of pending cases

The diversion of pending court cases both to Court-Annexed Mediation (CAM) and to Judicial Dispute Resolution (JDR) is plainly intended to put an end to pending litigation through a compromise agreement of the parties and thereby help solve the ever-pressing problem of court docket congestion. It is also intended to empower the parties to resolve their own disputes and give practical effect to the State Policy expressly stated in the ADR Act of 2004 (R.A. No. 9285), to wit:

"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangement to resolve disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets."

1.1 Indigenous ADR under CAM

Such State Policy promoting party autonomy, would necessarily include recognition of indigenous modes of dispute resolution.

1.2 The Three Stages of Diversion

Simply stated, court diversion is a three-stage process. The first stage is the Court-Annexed Mediation (CAM) where the judge refers the parties to the Philippine Mediation Center (PMC) for the mediation of their dispute by trained and accredited mediators.

Upon failing to secure a settlement of the dispute during the first stage, a second attempt is made at the JDR stage. There, the JDR judge sequentially becomes a mediator-conciliator-early neutral evaluator in a continuing effort to secure a settlement. Still failing that second attempt, the mediator-judge must turn over the case to another judge (a new one by raffle or nearest/pair judge) who will try the unsettled case. The trial judge shall continue with the pre-trial proper and, thereafter, proceed to try and decide the case.

The third stage is during the appeal where covered cases are referred to the PMC-Appeals Court Mediation (ACM) unit for mediation.

The ultimate common end of both the Katarungang Pambarangay Law and Court-Annexed Mediation is to restore the role of the judiciary as the forum of last recourse to be resorted to only after all prior earnest efforts to arrive at private accommodation and resolution of disputes have failed.

2. Rationale for expanded mediation jurisdiction over the civil liability for more serious offenses

Deterrence, which is achieved from a consistent and swift imposition of the appropriate penalty imposed for the crime committed, is the principle upon which societal security rests. It is for this reason that Article 2034 of the Civil Code provides that:

"There may be a compromise upon the civil liability arising from the offense, but such compromise shall not extinguish the public action for the imposition of the legal penalty."

It is significantly important to note that the above-quoted statutory provision does not restrict the crime mentioned to the gravity of the imposable penalty as a condition for allowing a compromise agreement to be reached on the civil liability arising from the crime. Presumably, therefore, the allowed compromise of civil liability applies to all crimes, subject only to the policy considerations of deterrence variables arising from the celerity, certainty and severity of punishment actually imposed. 2

Expansion of mediation jurisdiction over less grave felonies (punishable by correctional penalties of not exceeding 6 years) 3 is justified since, presumably, the deterrent effect upon which societal security rests is not the principal purpose of correctional penalties. They are intended for the rehabilitation and correction of the offender. It is for this reason that offenses punishable by correctional penalties are subject to probation. 4

The qualified offender granted probation is given conditional freedom and released to society. It is further relevant and significant to note that the Department of Justice has initiated and is running a program of training prosecutors to be mediators for criminal cases where the imposable penalty does not exceed six (6) years. 5

In contrast, the penalties classified under the Revised Penal Code as afflictive and capital are explicit that their purpose is punishment. Probation is denied to convicts who are imposed said afflictive penalties, thereby showing that isolation from society through imprisonment is necessary for the protection of society. Thus, the imposition of afflictive punishment for grave offenses is surely the underlying basis for achieving the principle of deterrence, not only of the person punished but also of the general public, through the principle of exemplarity.

Further, the expansion to less grave offense is needed if a greater impact of court diversion of pending cases is to be achieved. This is so since civil cases constitute only a small 16% of all cases filed in court, while special proceedings constitute even a smaller 7.6%. 7

Under the expanded jurisdiction of the first level courts, 8 all less grave felonies will fall under their original and exclusive jurisdiction. 9

3. Mandatory Coverage for Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)

The following cases shall be 1) referred to Court-Annexed Mediation (CAM) and 2) be the subject of Judicial Dispute Resolution (JDR) proceedings:

(1) All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure, including the civil liability for violation of B.P. 22, except those which by law may not be compromised;

(2) Special proceedings for the settlement of estates;

(3) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law; 10

(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

(5) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;

(6) The civil aspect of estafa, theft and libel;

(7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980; 11

(8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980; 12

(9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (3) of the Judiciary Reorganization Act of 1980; 13 and

(10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980; 14

The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code);

2. Other criminal cases not covered under paragraphs 3 to 6 above;

3. Habeas Corpus petitions;

4. All cases under Republic Act No. 9262 (Violence against Women and Children); and

5. Cases with pending application for Restraining Orders/Preliminary Injunctions.

However, in cases covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation.

PART TWO Court-Annexed Mediation (CAM)

TO: All Judges of Courts Where Philippine Mediation Center (PMC) Units Have Been Established.

Procedure

1. After the last pleading has been filed, the judge shall issue an order requiring the parties to forthwith appear before the concerned Philippine Mediation Center (PMC) Unit staff to start the process for the settlement of their dispute through mediation. On the same date, the court shall give to the PMC a copy of the Order for mediation.

2. Individual parties are required to personally appear for mediation. In the event they cannot do so, they can send their representatives who must be fully authorized to appear, negotiate and enter into a compromise, through a Special Power of Attorney.

3. Corporations, partnerships, or other juridical entities shall be represented by a ranking corporate officer fully authorized by a Board Resolution to offer, negotiate, accept, decide and enter into a compromise agreement, without need of further approval by or notification to the authorizing party.

4. The Order issued shall include a clear warning that sanctions may be imposed upon a party for failure to comply therewith, in accordance with the Section below on sanctions.

5. On the date set in the Order, the parties shall proceed to select a mutually acceptable mediator from among the list of accredited mediators. If no agreement is reached, the PMC Unit Staff shall, in the presence of the parties and the Mediators, choose by lot the one who will mediate the dispute from among the Mediators inside the Unit, ensuring a fair and equal distribution of cases: Provided, however, that in exceptional circumstances where special qualifications are required of the mediator, the parties shall be given an opportunity to select from the entire list of accredited mediators.

6. The Mediator shall be considered an officer of the court while performing his duties as such or in connection therewith.

7. The concerned Mediator shall forthwith start the mediation process, unless the parties and mediator agree to reset the initial mediation conference, which shall not be later than five (5) days from the original date.

8. At the initial conference, the Mediator shall explain to both parties the mediation process, stressing the benefits of an early settlement of their dispute based on serving their mutual interests, rather than the legal positions taken by them.

9. With the consent of both parties, the Mediator may hold separate caucuses with each party to determine their respective real interests in the dispute. Thereafter, another joint conference may be held to consider various options that may resolve the dispute through reciprocal concessions and on terms that are mutually beneficial to both the parties.

10. The Mediator shall not record in any manner the proceedings of the joint conferences or of the separate caucuses. No transcript or minutes of mediation proceedings shall be taken. If personal notes are taken for guidance, the notes shall be shredded and destroyed. Should such record exist, they shall not be admissible as evidence in any other proceedings.

11. If no settlement has been reached at the end of the period given, the case must be returned to the referring judge.

Sanctions

The court, upon recommendation of the Mediator, may impose sanctions upon a party who fails to appear before the Philippine Mediation Center (PMC) Unit as directed by the referring judge, or upon any person who engages in abusive conduct during mediation proceedings, as provided for in the Rules of Court as part of the Pre-Trial and other issuances of the Supreme Court, including, but not limited to censure, reprimand, contempt, requiring the absent party to reimburse the appearing party his costs, including attorney's fees for that day up to treble such costs, payable on or before the date of the re-scheduled setting. Sanctions may also be imposed by the referring judge upon his own initiative or upon motion of the interested party.

Upon justifiable cause duly proved in the hearing called on the motion to reconsider filed by the absent party, concurred in by the concerned mediator, the sanctions imposed may be lifted or set aside in the sound discretion of the referring judge.

Duration of Mediation in the PMC

The Mediator shall have a period of not exceeding thirty (30) days to complete the mediation process. Such period shall be computed from the date when the parties first appeared for the initial conference as stated in the Order to appear. An extended period of another thirty (30) days may be granted by the court, upon motion filed by the Mediator, with the conformity of the parties.

Suspension of periods

The period during which the case is undergoing mediation shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

Settlement

If full settlement of the dispute is reached, the parties, assisted by their respective counsels, shall draft the compromise agreement which shall be submitted to the court for judgment upon compromise or other appropriate action. Where compliance is forthwith made, the parties shall instead submit a satisfaction of claims or a mutual withdrawal of the case and, thereafter, the court shall enter an order dismissing the case.

If partial settlement is reached, the parties shall, with the assistance of counsel, submit the terms thereof for the appropriate action of the court, without waiting for resolution of the unsettled part.

In relation to the unsettled part of the dispute, the court shall proceed to conduct JDR proceedings in accordance with PART THREE hereof where JDR is available.

PART THREE Judicial Dispute Resolution

I. Mandate

Unless otherwise directed by the Supreme Court, all judges who have undergone orientation in JDR procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings in accordance with these guidelines for the settlement of disputes pending in their courts, after the parties failed to settle their disputes during Court-Annexed Mediation at the Philippine Mediation Center Units (PMCU).

II. Procedure

Judicial proceedings shall be divided into two stages: (1) from the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage, and (2) pre-trial proper to trial and judgment. The judge to whom the case has been originally raffled, who shall be called the JDR Judge, shall preside over the first stage. The judge, who shall be called the trial judge, shall preside over the second stage.

At the initial stage of the pre-trial conference, the JDR judge briefs the parties and counsels of the CAM and JDR processes. Thereafter, he issues an Order of Referral of the case to CAM and directs the parties and their counsels to proceed to the PMCU bringing with them a copy of the Order of Referral. The JDR judge shall include in said Order, or in another Order, the pre-setting of the case for JDR not earlier than forty-five (45) days from the time the parties first personally appear at the PMCU so that JDR will be conducted immediately if the parties do not settle at CAM.

All incidents or motions filed during the first stage shall be dealt with by the JDR judge. If JDR is not conducted because of the failure of the parties to appear, the JDR judge may impose the appropriate sanctions and shall continue with the proceedings of the case.

If the parties do not settle their dispute at CAM, the parties and their counsels shall appear at the preset date before the JDR judge, who will then conduct the JDR process as mediator, neutral evaluator and/or conciliator in order to actively assist and facilitate negotiations among the parties for them to settle their dispute. As mediator and conciliator, the judge facilitates the settlement discussions between the parties and tries to reconcile their differences. As a neutral evaluator, the judge assesses the relative strengths and weaknesses of each party's case and makes a non-binding and impartial evaluation of the chances of each party's success in the case. On the basis of such neutral evaluation, the judge persuades the parties to a fair and mutually acceptable settlement of their dispute.

The JDR judge shall not preside over the trial of the case 15 when the parties did not settle their dispute at JDR.

III. Courts

1. Multiple Sala Court — If the case is not resolved during JDR, it shall be raffled to another branch for the pre trial proper 16 up to judgment.

For cases with pending applications for restraining orders/preliminary injunctions, the judge to whom the case was raffled shall rule on the said applications. During the pre-trial stage, the judge refers the case to CAM, but if the parties do not settle at CAM, the case will be raffled to another branch for JDR. If the parties do not settle at JDR, the case will be returned to the branch that ruled on the applications for the pre-trial proper and up to judgment. 17

2. Single Sala Court. — Unless otherwise agreed upon as provided below, the JDR proceedings will be conducted by the judge of the pair court, if any, otherwise, by the judge of the nearest court as determined by the concerned Executive Judge. The JDR proceedings shall be conducted at the station where the case was originally filed. The result of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g., approval of the compromise agreement, trial, etc.

Notwithstanding the foregoing, before the commencement of the JDR proceedings, the parties may file a joint written motion requesting that the court of origin conduct the JDR proceedings and trial.

3. Family Courts — Unless otherwise agreed upon as provided below, the JDR proceedings in areas where only one court is designated as a family court, shall be conducted by a judge of another branch through raffle. However, if there is another family court in the same area, the family court to whom the case was originally raffled shall conduct JDR proceedings and if no settlement is reached, the other family court shall conduct the pre-trial proper and trial.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the family court to which the case was originally raffled shall conduct the JDR proceedings and trial.

Despite the non-mediatable nature of the principal case, like annulment of marriage, other issues such as custody of children, support, visitation, property relations and guardianship, may be referred to CAM and JDR to limit the issues for trial.

4. Commercial, Intellectual Property, and Environmental Courts — Unless otherwise agreed upon as provided below, the JDR proceedings in areas where only one court is designated as commercial/intellectual property/environmental court, hereafter referred to as special court, shall be conducted by another judge through raffle and not by the judge of the special court. Where settlement is not reached, the judge of the special court shall be the trial judge. Any incident or motion filed before the pre-trial stage shall be dealt with by the special court that shall refer the case to CAM.

Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a joint written motion requesting that the special courts to which the case was originally raffled shall conduct the JDR proceedings and trial.

IV. JDR During Trial

Cases may be referred to JDR even during the trial stage upon written motion of one or both parties indicating willingness to discuss a possible compromise. If the motion is granted, the trial shall be suspended 18 and the case referred to JDR, which shall be conducted by another judge through raffle in multiple sala courts.

If settlement is reached during JDR, the JDR court shall take appropriate action thereon, i.e., approval/disapproval of the compromise agreement. If settlement is not reached at JDR, the case shall be returned to the referring court for continuation of trial.

In single sala courts, the JDR shall be conducted by the nearest court (or pair court, if any) regardless of the level of the latter court. The result of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g., approval of the compromise agreement, trial, etc.

The parties may, by joint written motion, despite confidential information that may be divulged during JDR proceedings, file a request that their case be not transferred to other courts for JDR and that they agree to have the trial judge continue the trial should the case not be settled through JDR.

V. Settlement Period

Any Settlement Period declared by the Supreme Court is understood to include JDR and, therefore, half of all cases referred to mediation shall be for JDR settlement. The procedure shall be as stated in Roman Numeral IV above, except that no written motion is required from the parties for their case to be referred to JDR.

VI. Party Participation

1. Individual Party Litigants

The party litigants shall personally attend all mediation conferences or through duly authorized representatives. The authority of the representatives shall be in writing and shall state that they are fully empowered to offer, negotiate, accept, decide, and enter into a compromise agreement without need of further approval by or notification to the authorizing parties.

2. Corporate Party Litigants

In case of corporations, the representatives must be senior management officials with written authority from the Board of Directors to offer, negotiate, accept, decide, and enter into compromise agreement without need of further approval by or notification to the authorizing parties.

VII. Judgments/Decisions in JDR

Decisions/Judgments approving the compromise agreements of the parties, through the efforts of the judge as a mediator, conciliator or neutral evaluator, shall contain a statement to the effect that the Judgments/Decisions were achieved through JDR. This is to distinguish Judgments/Decisions approving compromise agreements secured through CAM. Copies of said Judgments/Decisions shall be submitted to the Philippine Mediation Center Unit for documentation purposes.

VIII. Sanctions

A party who fails to appear on the date set for JDR conference, may forthwith be imposed the appropriate sanction as provided in Rule 18 of the Revised Rules of Court and relevant issuances of the Supreme Court including, but not limited to censure, reprimand, contempt, and requiring the absent party to reimburse the appearing party his costs, including attorney's fees for that day up to treble such costs, payable on or before the date of the re-scheduled setting. Sanctions may be imposed by the JDR judge upon motion of the appearing party or motu proprio.

Upon justifiable cause duly proved in the hearing of the motion to reconsider filed by the absent party, the sanctions imposed may be lifted, set aside or modified in the sound discretion of the JDR judge.

A representative who appears on behalf of an individual or corporate party without the required authorization by special power of attorney or board resolution, respectively, may similarly be imposed appropriate sanctions.

IX. Duration of JDR proceedings

To complete the JDR process, judges of the First Level Courts shall have a period of not exceeding thirty (30) days, while judges of the Second Level Courts shall have a period of not exceeding sixty (60) days. A longer period, however, may be granted upon the discretion of the JDR judge if there is a high probability of settlement and upon joint written motion of the parties. Both periods shall be computed from the date when the parties first appeared for JDR proceedings as directed in the respective Orders issued by the judge. As far as practicable, JDR conferences shall be set not more than two (2) weeks apart so as to afford the parties ample time to negotiate meaningfully for settlement.

In criminal cases covered by CAM and JDR, where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one (1) year, the case may be archived upon motion of the prosecution, with notice to the private complainant and approval by the judge.

X. Suspension of periods

The period during which the case undergoing JDR proceedings shall be excluded from the regular and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary proceedings.

XI. Settlement

A. Civil Cases:

If full settlement of the dispute is reached, the parties, assisted by their respective counsels, shall draft the compromise agreement which shall be submitted to the court for a judgment upon compromise, enforceable by execution.

Where full compliance with the terms of the compromise is forthwith made, the parties, instead of submitting a compromise agreement, shall submit a satisfaction of claims or a mutual withdrawal of the parties' respective claims and counterclaims. Thereafter, the court shall enter an order dismissing the case.

If partial settlement is reached, the parties shall, with the assistance of counsel, submit the terms thereof for the court's approval and rendition of a judgment upon partial compromise, which may be enforced by execution without waiting for resolution of the unsettled part.

In relation to the unsettled part of the dispute, the court shall proceed to conduct trial on the merits of the case should the parties file a joint motion for him to do so, despite confidential information that may have been divulged during the conciliation/mediation stage of the proceedings. Otherwise, the JDR Judge shall turn over the case to a new judge by re-raffle in multiple sala courts or to the originating court in single sala courts, for the conduct of pre-trial proper and trial.

B. Criminal Cases:

If settlement is reached on the civil aspect of the criminal case, the parties, assisted by their respective counsels, shall draft the compromise agreement which shall be submitted to the court for appropriate action.

Action on the criminal aspect of the case will be determined by the Public Prosecutor, subject to the appropriate action of the court.

If settlement is not reached by the parties on the civil aspect of the criminal case, the JDR judge shall proceed to conduct the trial on the merits of the case should the parties file a joint written motion for him to do so, despite confidential information that may have been divulged during the JDR proceedings. Otherwise, the JDR Judge shall turn over the case to a new judge by re-raffle in multiple sala courts or to the originating court in single sala courts, for the conduct of pre-trial proper and trial.

XII. Pre-trial Proper

Where no settlement or only a partial settlement was reached, and there being no joint written motion submitted by the parties, as stated in the last preceding paragraphs, the JDR judge shall turn over the case to the trial judge, determined by re-raffle in multiple sala courts or to the originating court in single sala courts, as the case may be, to conduct pre-trial proper, as mandated by Rules 18 and 118 of the Rules of Court.

XIII. Trial and Judgment

The trial judge to whom the case was turned over, shall expeditiously proceed to trial, after the pre-trial and, thereafter, render judgment in accordance with the established facts, evidence, and the applicable laws.

PART FOUR Provisions Common to Both CAM and JDR

I. Confidentiality

Any and all matters discussed or communications made, including requests for mediation, and documents presented during the mediation proceedings before the Philippine Mediation Center or the JDR proceedings before the trial judge, shall be privileged and confidential, and the same shall be inadmissible as evidence for any purpose in any other proceedings. However, evidence or information that is otherwise admissible does not become inadmissible solely by reason of its use in mediation or conciliation.

Further, the JDR judge shall not pass any information obtained in the course of conciliation and early neutral evaluation to the trial judge or to any other person. This prohibition shall include all court personnel or any other person present during such proceedings. All JDR conferences shall be conducted in private.

II. Role of Lawyers in mediation 19 and in JDR Proceedings

Lawyers may attend mediation proceedings in the role of adviser and consultant to their clients, dropping their combative role in the adjudicative process, and giving up their dominant role in judicial trials. They must accept a less directive role in order to allow the parties more opportunities to craft their own agreement.

In particular, they shall perform the following functions:

1. Help their clients comprehend the mediation process and its benefits and allow them to assume greater personal responsibility in making decisions for the success of mediation in resolving the dispute.

2. Discuss with their clients the following:

* The substantive issues involved in the dispute.

* Prioritization of resolution in terms of importance to client.

* Understanding the position of the other side and the underlying fears, concerns, and needs underneath that position.

* Need for more information or facts to be gathered or exchanged with the other side for informed decision making.

* Possible bargaining options but stressing the need to be open-minded about other possibilities.

* The best, worst, and most likely alternatives to a negotiated agreement.

3. Assist in preparing a compromise agreement that is not contrary to law, morals, good customs, public order, or public policy so that the same may be approved by the court, paying particular attention to issues of voluntary compliance of what have been agreed upon, or otherwise to issues of enforcement in case of breach.

4. Assist, wherever applicable, in the preparation of a manifestation of satisfaction of claims and mutual withdrawal of complaint and counterclaim as basis for the court to issue an order of dismissal.

PART FIVE SC-PHILJA-PMC Mediation Trust Fund

I. Creation of Trust Fund

The Mediation Fees collected and collectible, pursuant to Section 9, Rule 141, as amended, of the Rules of Court, and all income therefrom shall constitute a special fund, to be known as the SC-PHILJA-PMC Mediation Trust Fund, which shall be administered and disbursed in accordance with guidelines set by court issuances, for purposes enumerated in Section 9, Rule 141 of the Revised Rules of Court.

All revenues of the PMC Office from sources other than the mediation fees above shall form part of its Special ADR Fund (SAF), which shall be administered and disbursed by PHILJA in accordance with the existing guidelines approved by the Supreme Court.

II. Collection of Mediation Fees

(Sec. 9 of Rule 141, A.M. No. 04-2-04-SC)

A. Trial Courts

The Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of the following:

(1) Complaint or an Answer with a mediatable permissive counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc.,in civil cases, a Petition, an Opposition, and a Creditors' Claim in Special Proceedings;

(2) Complaint/Information for offenses with maximum imposable penalty of prision correccional in its maximum period or six years imprisonment, except where the civil liability is reserved or is subject of a separate action;

(3) Complaint/Information for estafa, theft, and libel cases, except where the civil liability is reserved or is subject of a separate action;

(4) Complaint/Information for Quasi-Offenses under Title 14 of the Revised Penal Code;

(5) Intellectual Property cases;

(6) Commercial or corporate cases; and

(7) Environmental cases

The Clerks of Court of the First Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of a Notice of Appeal with the Regional Trial Court.

The Clerks of Court of the Regional Trial Court shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal with the Court of Appeals or the Sandiganbayan.

B. Court of Appeals and Court of Tax Appeals

The Clerks of Court of the Court of Appeals and Court of Tax Appeals shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a mediatable case, petition, special civil action, a comment/answer to the petition or action, and the appellee's brief. The Clerk of Court of the Court of Tax Appeals shall also collect the amount of ONE THOUSAND PESOS (P1,000.00) for the appeal from the decision of a CTA Division to the CTA En Banc.

Provided that, in all cases, a pauper litigant shall be exempt from contributing to the Mediation Fund. Despite such exemption, the court shall provide that the unpaid contribution to the Mediation Fund shall be considered a lien on any monetary award in a judgment favorable to the pauper litigant.

And, provided further, that an accused-appellant shall also be exempt from contributing to the Mediation Fund.

The amount collected shall be receipted and separated as part of a special fund, to be known as the "Mediation Fund", and shall accrue to the SC-PHILJA-PMC Fund, disbursements from which are and shall be pursuant to guidelines approved by the Supreme Court.

The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator's fees, and operating expenses for technical assistance and organizations/individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance, and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judicial Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.

III. Utilization and Disbursement

(A.M. No. 05-3-25-SC-PHILJA dated 26 April 2005)

A. Purpose and Utilization of the Mediation Fund

The Fund shall be used for:

a. Establishment of PMC Units;

b. Training, seminars/workshops/internship programs for Mediators;

c. Payment of Mediators' Fees, including the PMC Unit Staff;

d. Payment of operating expenses;

e. Advocacy and promotion of court-annexed mediation and other relevant modes of ADR;

f. Such other expenses as authorized by Section 9, Rule 141 of the Rules of Court.

The Fund shall be managed by PHILJA subject to accounting and auditing rules and regulations.

B. Deposit of the Mediation Fund

The Philippine Judicial Academy (PHILJA) has already closed the SC PHILJA TRUST FUND Peso Current Account No. 3472-1001-30 as of 30 March 2009. Hence, all mediation fees collected are to be deposited solely under SC PHILJA PMC Rule 141 Peso Current Account (CA) No. 3472-1000-08. 20

IV. Mediation Fee, Mediator's Fee and Mediation Fund, distinguished

The mediation fee is the amount collected from the parties. The amount is added to the mediation fund from where disbursements are made for the authorized expenditures stated above. The mediation fee is not collected for mediation services rendered or to be rendered. It is intended as a contribution to promote mediation. The mediator's fee is the authorized amount paid from the mediation fund for services rendered by a mediator.

PART SIX The Philippine Mediation Center Office (PMCO) and Mediation Center Units

(A.O. No. 33-2008, February 12, 2008)

I. Philippine Mediation Center Office and PMC Units

The Philippine Mediation Center Office shall primarily be responsible for the expansion, development, implementation, monitoring, and sustainability of SCADR mechanisms, namely:

a. Court-Annexed Mediation (CAM)

b. Appellate Court Mediation (ACM)

c. Judicial Dispute Resolution (JDR)

d. Mobile Court-Annexed Mediation (MCAM)

e. Court-Annexed Arbitration (CAA) and other Alternative Dispute Resolution mechanisms

The PMCO shall likewise be primarily tasked with the organization of PMC units, as it may deem necessary, throughout the country. It shall be under the operational control of and supervision of PHILJA, in coordination with the Office of the Court Administrator, through the Executive Judges.

II. Organizational Structure

The Philippine Mediation Center Office shall be composed of:

a) Executive Committee 21 — The powers and authority of the PMC Office shall be vested in and exercised by an Executive Committee composed of:

PHILJA Chancellor — Chairperson

Four (4) regular members, namely:

1. Dean Eduardo D. de los Angeles

2. Dean Pacifico A. Agabin

3. Judge Divina Luz P. Aquino-Simbulan

4. Atty. Linda L. Malenab-Hornilla

Four (4) Ex-officio members, namely:

Court Administrator

Executive Secretary, PHILJA 22

PHILJA Chief of Office for PMC

Chairperson, PHILJA ADR Department

b) PHILJA Chief of Office for PMC — Chief of Office of the Philippine Mediation Center Office

c) PHILJA Assistant Chief of Office for PMC

d) CENTRAL OFFICE

a. Mediation Planning and Research Division

b. Mediation Resource Management Division

c. Mediation Education, Training and Monitoring Division

e) Mediation Center Units, composition

a. Court-Annexed Mediation (CAM)

* Mediation Staff Officer V

* Mediation Staff Assistant II

* Mediation Aide

* Accredited Mediators

b. Appellate Court Mediation (ACM)

* Mediation Staff Officer VI

* Mediation Staff Officer IV

* Mediation Staff Assistant II

* Mediation Aide

* Accredited Mediation

c. Judicial Dispute Resolution (JDR)

* Mediation Staff Officer V

* Mediation Staff Assistant II

* Mediation Aide

d. Mobile Court Annexed-Mediation (MCAM)

Every bus of the Justice on Wheels (JOW) deployed for mediation in selected areas is considered as a PMC Unit, thus, it is entitled to the following:

* Mediation Staff Officer V

* Mediation Staff Assistant II

* Mediation Aide

* Accredited Mediators

III. Powers and Functions of the PMCO

The PMC Office shall exercise the following powers and functions in order to accomplish its mandate under A.M. 01-10-5-SC-PHILJA:

a. Develop and promulgate rules and regulations that it may deem necessary, subject to the approval of the Supreme Court, upon recommendation of the Executive Committee and the PHILJA Board of Trustees;

b. Implement, in coordination with the Office of the Court Administrator, rules and policies of the Supreme Court on ADR mechanisms, namely, Court-Annexed Mediation (CAM), Appellate Court Mediation (ACM), Judicial Dispute Resolution (JDR), Mobile Court-Annexed Mediation (MCAM), and eventually Court-Annexed Arbitration (CAA) and other Alternative Dispute Resolution mechanisms;

c. Establish such PMC Units as may be necessary;

d. Provide a system for the recruitment, screening, training, and accreditation of Mediators;

e. Monitor and evaluate the performance of Mediators, such as in settling disputes and in observing the Code of Ethical Standards for Mediators, upgrade their mediation skills, and oversee their further development. Such evaluation shall be the basis for the renewal of their accreditation as Mediators;

f. Provide a grievance mechanism and procedure for addressing complaints against Mediators and PMC Unit Staff;

g. Promote and sustain the programs and activities of Court-annexed Mediation (CAM), Appellate Court Mediation (ACM), Judicial Dispute Resolution (JDR), Mobile Court-Annexed Mediation (MCAM), and eventually Court-Annexed Arbitration (CAA) and other Alternative Dispute Resolution mechanisms;

h. Call on any government agency, office, instrumentality, commission or council to render such assistance as may be necessary for the efficient performance of its functions; and

i. Exercise such other functions necessary in furtherance of its mandate.

July 13, 2004

RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES

R E S O L U T I O N

Acting on the recommendation 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 Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures, the Court Resolved to APPROVE the same. The said Rule is hereto attached as an integral part of this Resolution.

The Rule shall take effect on August 16, 2004 following its publication in a newspaper of general circulation not later than July 30, 2004.

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES

The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial courts. To abbreviate court proceedings, ensure prompt disposition of cases and decongest court dockets, and to further implement the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court:

I. PRE-TRIAL

A. Civil Cases

1. Within one day from receipt of the complaint:

1.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer, in conformity with IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002. A copy of the summons is hereto attached as Annex "A;" and

1.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission by an adverse party under Rule 26 or at their discretion make use of dispositions under Rule 23 or other measures under Rules 27 and 28 within five days from the filing of the answer. A copy of the order shall be served upon the defendant together with the summons and upon the plaintiff.

Within five (5) days from date of filing of the reply, the plaintiff must promptly move ex parte that the case be set for pre-trial conference. If the plaintiff fails to file said motion within the given period, the Branch COC shall issue a notice of pre-trial.

2. The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing the following:

a. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;

c. The issues to be tried or resolved;

d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court for good cause shown);

e. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and

f. The number and names of the witnesses, the substance of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses.

A copy of the Notice of Pre-trial Conference is hereto attached as Annex "B."

The rule on the contents of the pre-trial brief must strictly be complied with.

The parties are bound by the representations and statements in their respective pre-trial briefs.

3. At the start of the pre-trial conference, the judge shall immediately refer the parties and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation if available. 5 If mediation fails, the judge will schedule the continuance of the pre-trial conference. Before then, the Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider such other matters as may aid in its prompt disposition.

During the preliminary conference, the Branch COC shall also ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. The proceedings during the preliminary conference shall be recorded in the "Minutes of Preliminary Conference" to be signed by both parties and/or counsel, the form of which is hereto attached as Annex "C".

The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial

4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of the case, and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case, or, at the very least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply because of the manifestation of the parties that they cannot settle the case. He should expose the parties to the advantages of pre-trial. He must also be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.

The Judge with all tact, patience, impartiality and with due regard to the rights of the parties shall endeavor to persuade them to arrive at a settlement of the dispute. The court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may confer with the parties with the opposing counsel to consider the following:

a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner of compromise is considered acceptable to the defendant at the present stage?

b. Given the evidence of the defendant described in his pre-trial brief to support his defense, what manner of compromise is considered acceptable to the plaintiff at the present stage?

If not successful, the court shall confer with the party and his counsel separately.

If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the same purpose of settlement.

5. If all efforts to settle fail, the trial judge shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents;

b. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted;

c. Inquire if the pleadings are in order. If not, order the amendments if necessary;

d. Inquire if interlocutory issues are involved and resolve the same;

e. Consider the adding or dropping of parties;

f. Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto and the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions of facts and documents. To obtain admissions, the Court shall ask the parties to submit the depositions taken under Rule 23, the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. It may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28;

g. Define and simplify the factual and legal issues arising from the pleadings. Uncontroverted issues and frivolous claims or defenses should be eliminated. For each factual issue, the parties/counsel shall state all the evidence to support their positions thereon. For each legal issue, parties/counsel shall state the applicable law and jurisprudence supporting their respective positions thereon. If only legal issues are presented, the judge shall require the parties to submit their respective memoranda and the court can proceed to render judgment;

h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and admissions made during pre-trial;

i. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. 1-89 dated January 19, 1989; adhere to the case flow chart determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. The One-Day Examination of Witness Rule, that is, a witness has to be fully examined in one (1) day only, shall be strictly adhered to subject to the courts' discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter, the Judge shall make the ruling on the offer of evidence in open court. However the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132;

j. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness Rule). The facts to be proven by each witness and the approximate number of hours per witness shall be fixed;

k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-examination by the other party. The affidavits 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 to the matters stated therein. The affidavits shall be in question and answer form, and shall comply with the rules on admissibility of evidence;

l. Require the parties and/or counsel to submit to the Branch COC the names, addresses and contact numbers of the witnesses to be summoned by subpoena;

m. Order the delegation of the reception of evidence to the Branch COC under Rule 30; and

n. Refer the case to a trial by commissioner under Rule 32

During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions or comments by counsel or parties must be directed to the judge to avoid hostilities between the parties.

6. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-trial conferences as may be necessary.

7. All proceedings during the pre-trial shall be recorded. The minutes of each pre-trial conference shall contain matters taken up therein more particularly admissions of facts and exhibits and shall be signed by the parties and their counsel.

8. The judge shall issue the required Pre-Trial Order within ten (10) days after the termination of the pre-trial. Said Order shall bind the parties, limit the trial to matters not disposed of and control the course of the action during the trial. A sample Pre-Trial Order is hereto attached as Annex "D."

However, the Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties and their counsel and with the use of a computer, shall have the same immediately finalized and printed. Once finished, the parties and/or their counsel shall sign the same to manifest their conformity thereto.

9. The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings before rendition of judgment.

B. Criminal Cases

1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case.

Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three days from the filing of the complaint or information. The accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is provided for by law.

2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment, and issue an order: (a) requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence; (b) referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider other matters as may aid in its prompt disposition; and (c) informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the court for good cause shown. A copy of the order is hereto attached as Annex "E". In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.

3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents to be presented as exhibits and copies thereof attached to the records after comparison, ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. (Please see Annex "B")

The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the affidavits of witnesses and other documentary evidence which form part of the record of the preliminary investigation.

5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge shall consider plea-bargaining arrangements. Where the prosecution and the offended party agree to the plea offered by the accused, the court shall:

a. Issue an order which contains the plea-bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and

c. Render and promulgate judgment of conviction, including the civil liability or damages duly established by the evidence.

6. When plea bargaining fails, the Court shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings, confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence;

b. Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation and other documents identified and marked as exhibits in determining further admissions of facts, documents and in particular as to the following:

1. the identity of the accused;

2. court's territorial jurisdiction relative to the offense/s charged;

3. qualification of expert witness/es;

4. amount of damages;

5. genuineness and due execution of documents;

6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary investigation;

8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and justifying or exempting circumstances; and

9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses that need to be summoned by subpoena; and

f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between parties.

8. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the court. (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by the parties and/or their counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, evidence marked, the number of witnesses to be presented and the schedule of trial. Said Order shall bind the parties, limit the trial to matters not disposed of and control the course of the action during the trial.

September 4, 2012

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up con1ing to court after repeated postponements;

Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor;

Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of judicial affidavits; and

Whereas, the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari'a Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate Courts;

(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.¹

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be uniformly referred to here as the "court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and

(2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following:

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;

(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the case presents; and

(3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.

Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

Section 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the requesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.

Section 6. Offer of and objections to testimony in judicial affidavit. - The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.

Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the witness may also examine him as on re-direct. In every case, the court shall take active part in examining the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues.

Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each exhibit.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies if the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify.

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than P 1,000.00 nor more than P 5,000.00, at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the rules of procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this Rule.

The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its publication in two newspapers of general circulation not later than September 15, 2012. It shall also apply to existing cases.

Manila, September 4, 2012.

2 October 2007

Section 1. Scope. – This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof, is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.

Sec. 2. Application of other Rules on Evidence. – In all matters not specifically covered by this Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.

Sec. 3. Definition of Terms. – For purposes of this Rule, the following terms shall be defined as follows:

1. “Biological sample” means any organic material originating from a person’s body, even if found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and other body fluids, tissues, hairs and bones;

2. “DNA” means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. The totality of an individual’s DNA is unique for the individual, except identical twins;

3. “DNA evidence” constitutes the totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples;

4. “DNA profile” means genetic information derived from DNA testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person;

5. “DNA testing” means verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis); and

6. “Probability of Parentage” means the numerical estimate for the likelihood of parentage of a putative parent compared with the probability of a random match of two unrelated individuals in a given population.

Sec. 4. Application for DNA Testing Order. – The appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following:

1. A biological sample exists that is relevant to the case;

2. The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to DNA testing, but the results may require confirmation for good reasons;

3. The DNA testing uses a scientifically valid technique;

4. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and

5. The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity of the DNA testing.

This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.

Sec. 5. DNA Testing Order. – If the court finds that the requirements in Section 4 hereof have been complied with, the court shall –

1. Order, where appropriate, that biological samples be taken from any person or crime scene evidence;

2. Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing process and the reliability of the test results, including the condition that the DNA test results shall be simultaneously disclosed to parties involved in the case; and

3. If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other or the adverse party and where additional biological samples of the same kind can no longer be obtained, issue an order requiring all parties to the case or proceedings to witness the DNA testing to be conducted.

An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The grant of DNA testing application shall not be construed as an automatic admission into evidence of any component of the DNA evidence that may be obtained as a result thereof.

Sec. 6. Post-conviction DNA Testing. – Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of conviction.

Sec. 7. Assessment of probative value of DNA evidence. – In assessing the probative value of the DNA evidence presented, the court shall consider the following:

1. The chair of custody, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples;

2. The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;

3. The forensic DNA laboratory, including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; and

4. The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

Sec. 8. Reliability of DNA Testing Methodology. – In evaluating whether the DNA testing methodology is reliable, the court shall consider the following:

1. The falsifiability of the principles or methods used, that is, whether the theory or technique can be and has been tested;

2. The subjection to peer review and publication of the principles or methods;

3. The general acceptance of the principles or methods by the relevant scientific community;

4. The existence and maintenance of standards and controls to ensure the correctness of data generated;

5. The existence of an appropriate reference population database; and

6. The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and the significance and limitation of statistical calculations used in comparing DNA profiles.

Sec. 9. of DNA Testing Results. – In evaluating the results of DNA testing, the court shall consider the following:

1. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;

2. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that

3. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher there shall be a disputable presumption of paternity.

Sec. 10. Post-conviction DNA Testing – Remedy if the Results Are Favorable to the Convict. – The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict. In the case the court, after due hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders.

Sec. 11. Confidentiality. – DNA profiles and all results or other information obtained from DNA testing shall be confidential. Except upon order of the court, a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following, under such terms and conditions as may be set forth by the court:

1. Person from whom the sample was taken;

2. Person from whom the sample was taken;

3. Lawyers of private complainants in a criminal action;

4. Duly authorized law enforcement agencies; and

5. Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court order shall be liable for indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results or other information obtained from the DNA testing, he same may be disclosed to the persons named in the written verified request.

Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality, including all biological samples, DNA profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may order the appropriate government agency to preserve the DNA evidence as follows:

1. In criminal cases:

   1. for not less than the period of time that any person is under trial for an offense; or

   2. in case the accused is serving sentence, until such time as the accused has served his sentence;

2. In all other cases, until such time as the decision in the case where the DNA evidence was introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above, provided that:

1. A court order to that effect has been secured; or

2. The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA evidence.

Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall apply to cases pending at the time of its effectivity.

Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.

July 17, 2001

Rule 1 COVERAGE

Section 1. Scope. – Unless otherwise provided herein, these Rules shall apply whenever an electronic document or electronic data message, as defined in Rule 2 hereof, is offered or used in evidence.

Section 2. Cases covered. – These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases.

Section 3. Application of other rules on evidence. – In all matters not specifically covered by these Rules, the Rules of Court and pertinent provisions of statutes containing rules on evidence shall apply.

Rule 2 DEFINITION OF TERMS AND CONSTRUCTION

Section 1. Definition of terms. – For purposes of these Rules, the following terms are defined, as follows:

(a) "Asymmetric or public cryptosystem" means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key for verifying the digital signature.

(b) "Business records" include records of any business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit, or for legitimate or illegitimate purposes.

(c) "Certificate" means an electronic document issued to support a digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair.

(d) "Computer" refers to any single or interconnected device or apparatus, which, by electronic, electro-mechanical or magnetic impulse, or by other means with the same function, can receive, record, transmit, store, process, correlate, analyze, project, retrieve and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more of these functions.

(e) "Digital signature" refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer's public key can accurately determine:

i. whether the transformation was created using the private key that corresponds to the signer's public key; and

ii. whether the initial electronic document had been altered after the transformation was made.

(f) "Digitally signed" refers to an electronic document or electronic data message bearing a digital signature verified by the public key listed in a certificate.

(g) "Electronic data message" refers to information generated, sent, received or stored by electronic, optical or similar means.

(h) "Electronic document" refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term "electronic document" may be used interchangeably with "electronic data message".

(i) "Electronic key" refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.

(j) "Electronic signature" refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedure employed or adopted by a person and executed or adopted by such person with the intention of authenticating, signing or approving an electronic data message or electronic document. For purposes of these Rules, an electronic signature includes digital signatures.

(k) "Ephemeral electronic communication" refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained.

(l) "Information and communication system" refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.

(m) "Key pair" in an asymmetric cryptosystem refers to the private key and its mathematically related public key such that the latter can verify the digital signature that the former creates.

(n) "Private key" refers to the key of a key pair used to create a digital signature.

(o) "Public key" refers to the key of a key pair used to verify a digital signature.

Section 2. Construction. – These Rules shall be liberally construed to assist the parties in obtaining a just, expeditious, and inexpensive determination of cases.

The interpretation of these Rules shall also take into consideration the international origin of Republic Act No. 8792, otherwise known as the Electronic Commerce Act.

Rule 3 ELECTRONIC DOCUMENTS

Section 1. Electronic documents as functional equivalent of paper-based documents. – Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document as defined in these Rules.

Section 2. Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules.

Section 3. Privileged communication. – The confidential character of a privileged communication is not lost solely on the ground that it is in the form of an electronic document.

Rule 4 BEST EVIDENCE RULE

Section 1. Original of an electronic document. – An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, 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 chemical reproduction, or by other equivalent techniques which accurately reproduces 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) in the circumstances it would be unjust or inequitable to admit the copy in lieu of the original.

Rule 5 AUTHENTICATION OF ELECTRONIC DOCUMENTS

Section 1. Burden of proving authenticity. – The person seeking to introduce an electronic document in any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule.

Section 2. Manner of authentication. – Before any private electronic document offered as authentic is received in evidence, its authenticity must be proved by any of the following means:

(a) by evidence that it had been digitally signed by the person purported to have signed the same;

(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for 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. Proof of electronically notarized document. – A document electronically notarized in accordance with the rules promulgated by the Supreme Court shall be considered as a public document and proved as a notarial document under the Rules of Court.

Rule 6 ELECTRONIC SIGNATURES

Section 1. Electronic signature. – An electronic signature or a digital signature authenticated in the manner prescribed hereunder is admissible in evidence as the functional equivalent of the signature of a person on a written document.

Section 2. Authentication of electronic signatures. – An electronic signature may be authenticated in any of the following manner:

(a) By evidence that a method or process was utilized to establish a digital signature and verify the same;

(b) By any other means provided by law; or

(c) By any other means satisfactory to the judge as establishing the genuineness of the electronic signature.

Section 3. Disputable presumptions relating to electronic signatures. – Upon the authentication of an electronic signature, it shall be presumed that:

(a) The electronic signature is that of the person to whom it correlates;

(b) The electronic signature was affixed by that person with the intention of authenticating or approving the electronic document to which it is related or to indicate such person's consent to the transaction embodied therein; and

(c) The methods or processes utilized to affix or verify the electronic signature operated without error or fault.

Section 4. Disputable presumptions relating to digital signatures. – Upon the authentication of a digital signature, it shall be presumed, in addition to those mentioned in the immediately preceding section, that:

(a) The information contained in a certificate is correct;

(b) The digital signature was created during the operational period of a certificate;

(c) No cause exists to render a certificate invalid or revocable;

(d) The message associated with a digital signature has not been altered from the time it was signed; and,

(e) A certificate had been issued by the certification authority indicated therein.

Rule 7 EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS

Section 1. Factors for assessing evidentiary weight. – In assessing the evidentiary weight of an electronic document, the following factors may be considered:

(a) The reliability of the manner or method in which it was generated, stored or communicated, including but not limited to input and output procedures, controls, tests and checks for accuracy and reliability of the electronic data message or document, in the light of all the circumstances as well as any relevant agreement;

(b) The reliability of the manner in which its originator was identified;

(c) The integrity of the information and communication system in which it is recorded or stored, including but not limited to the hardware and computer programs or software used as well as programming errors;

(d) The familiarity of the witness or the person who made the entry with the communication and information system;

(e) The nature and quality of the information which went into the communication and information system upon which the electronic data message or electronic document was based; or

(f) Other factors which the court may consider as affecting the accuracy or integrity of the electronic document or electronic data message.

Section 2. Integrity of an information and communication system. – In any dispute involving the integrity of the information and communication system in which an electronic document or electronic data message is recorded or stored, the court may consider, among others, the following factors:

(a) Whether the information and communication system or other similar device was operated in a manner that did not affect the integrity of the electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system;

(b) Whether the electronic document was recorded or stored by a party to the proceedings with interest adverse to that of the party using it; or

(c) Whether the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using it.

Rule 8 BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE

Section 1. Inapplicability of the hearsay rule. – A memorandum, report, record or data compilation of acts, events, conditions, opinions, or diagnoses, made by electronic, optical or other similar means at or near the time of or from transmission or supply of information by a person with knowledge thereof, and kept in the regular course or conduct of a business activity, and such was the regular practice to make the memorandum, report, record, or data compilation by electronic, optical or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence.

Section 2. Overcoming the presumption. – The presumption provided for in Section 1 of this Rule may be overcome by evidence of the untrustworthiness of the source of information or the method or circumstances of the preparation, transmission or storage thereof.

Rule 9 METHOD OF PROOF

Section 1. Affidavit 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.

Section 2. Cross-examination of deponent. – The affiant shall be made to affirm the contents of the affidavit in open court and may be cross-examined as a matter of right by the adverse party.

Rule 10 EXAMINATION OF WITNESSES

Section 1. Electronic testimony. – After summarily hearing the parties pursuant to Rule 9 of these Rules, the court may authorize the presentation of testimonial evidence by electronic means. Before so authorizing, the court shall determine the necessity for such presentation and prescribe terms and conditions as may be necessary under the circumstances, including the protection of the rights of the parties and witnesses concerned.

Section 2. Transcript of electronic testimony. – When examination of a witness is done electronically, the entire proceedings, including the questions and answers, shall be transcribed by a stenographer, stenotypist or other recorder authorized for the purpose, who shall certify as correct the transcript done by him. The transcript should reflect the fact that the proceedings, either in whole or in part, had been electronically recorded.

Section 3. Storage of electronic evidence. – The electronic evidence and recording thereof as well as the stenographic notes shall form part of the record of the case. Such transcript and recording shall be deemed prima facie evidence of such proceedings.

Rule 11 AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE

Section 1. Audio, video and similar evidence. – Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof.

Section 2. Ephemeral electronic communications. – Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted.

A recording of the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section.

If the foregoing communications are recorded or embodied in an electronic document, then the provisions of Rule 5 shall apply.

Rule 12 EFFECTIVITY

Section 1. Applicability to pending cases. – These Rules shall apply to cases pending after their effectivity.

Section 2. Effectivity. – These Rules shall take effect on the first day of August 2001 following their publication before the 20th of July 2001 in two newspapers of general circulation in the Philippines.

November 21, 2000

Section 1. Applicability of the Rule. - Unless otherwise provided, this Rule shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses.

Section 2. Objectives. - The objectives of this Rule are to create and maintain an environment that will allow children to give reliable and complete evidence, minimize trauma to children, encourage children to testify in legal proceedings, and facilitate the ascertainment of truth.

Section 3. Construction of the Rule. - This Rule shall be liberally construed to uphold the best interests of the child and to promote maximum accommodation of child witnesses without prejudice to the constitutional rights of the accused.

Section 4. Definitions. -

(a) A "child witness" is any person who at the time of giving testimony is below the age of eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.

(b) "Child abuse" means physical, psychological, or sexual abuse, and criminal neglect as defined in Republic Act No. 7610 and other related laws.

(c) "Facilitator" means a person appointed by the court to pose questions to a child.

(d) "Record regarding a child" or "record" means any photograph, videotape, audiotape, film, handwriting, typewriting, printing, electronic recording, computer data or printout, or other memorialization, including any court document, pleading, or any copy or reproduction of any of the foregoing, that contains the name, description, address, school, or any other personal identifying information about a child or his family and that is produced or maintained by a public agency, private agency, or individual.

(e) A "guardian ad litem" is a person appointed by the court where the case is pending for a child who is a victim of, accused of, or a witness to a crime to protect the best interests of the said child.

(f) A "support person" is a person chosen by the child to accompany him to testify at or attend a judicial proceeding or deposition to provide emotional support for him.

(g) "Best interests of the child" means the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the child and most encouraging to his physical, psychological, and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

(h) "Developmental level" refers to the specific growth phase in which most individuals are expected to behave and function in relation to the advancement of their physical, socio-emotional, cognitive, and moral abilities.

(i) "In-depth investigative interview" or "disclosure interview" is an inquiry or proceeding conducted by duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services for the purpose of determining whether child abuse has been committed.

Section 5. Guardian ad litem. -

(a) The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a witness to a crime to promote the best interests of the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social service programs, and child development, giving preference to the parents of the child, if qualified. The guardian ad litem may be a member of the Philippine Bar. A person who is a witness in any proceeding involving the child cannot be appointed as a guardian ad litem.

(b) The guardian ad litem:

(1) Shall attend all interviews, depositions, hearings, and trial proceedings in which a child participates;

(2) Shall make recommendations to the court concerning the welfare of the child;

(3) Shall have access to all reports, evaluations, and records necessary to effectively advocate for the child, except privileged communications;

(4) Shall marshal and coordinate the delivery of resources and special services to the child;

(5) Shall explain, in language understandable to the child, all legal proceedings, including police investigations, in which the child is involved;

(6) Shall assist the child and his family in coping with the emotional effects of crime and subsequent criminal or non-criminal proceedings in which the child is involved;

(7) May remain with the child while the child waits to testify;

(8) May interview witnesses; and

(9) May request additional examinations by medical or mental health professionals if there is a compelling need therefor.

(c) The guardian ad litem shall be notified of all proceedings but shall not participate in the trial. However, he may file motions pursuant to sections 9, 10, 25, 26, 27 and 31(c). If the guardian ad litem is a lawyer, he may object during trial that questions asked of the child are not appropriate to his developmental level.

(d) The guardian ad litem may communicate concerns regarding the child to the court through an officer of the court designated for that purpose.

(e) The guardian ad litem shall not testify in any proceeding concerning any information, statement, or opinion received from the child in the course of serving as a guardian ad litem, unless the court finds it necessary to promote the best interests of the child.

(f) The guardian ad litem shall be presumed to have acted in good faith in compliance with his duties described in sub-section (b).

Section 6. Competency. - Every child is presumed qualified to be a witness. However, the court shall conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court.

(a) Proof of necessity. - A party seeking a competency examination must present proof of necessity of competency examination. The age of the child by itself is not a sufficient basis for a competency examination.

(b) Burden of proof. - To rebut the presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his competence.

(c) Persons allowed at competency examination. Only the following are allowed to attend a competency examination:

(1) The judge and necessary court personnel;

(2) The counsel for the parties;

(3) The guardian ad litem;

(4) One or more support persons for the child; and

(5) The defendant, unless the court determines that competence can be fully evaluated in his absence.

(d) Conduct of examination. - Examination of a child as to his competence shall be conducted only by the judge. Counsel for the parties, however, can submit questions to the judge that he may, in his discretion, ask the child.

(e) Developmentally appropriate questions. - The questions asked at the competency examination shall be appropriate to the age and developmental level of the child; shall not be related to the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify truthfully.

(f) Continuing duty to assess competence. - The court has the duty of continuously assessing the competence of the child throughout his testimony.

Section 7. Oath or affirmation. - Before testifying, a child shall take an oath or affirmation to tell the truth.

Section 8. Examination of a child witness. - The examination of a child witness presented in a hearing or any proceeding shall be done in open court. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness shall be given orally.

The party who presents a child witness or the guardian ad litem of such child witness may, however, move the court to allow him to testify in the manner provided in this Rule.

Section 9. Interpreter for child. -

(a) When a child does not understand the English or Filipino language or is unable to communicate in said languages due to his developmental level, fear, shyness, disability, or other similar reason, an interpreter whom the child can understand and who understands the child may be appointed by the court, motu proprio or upon motion, to interpret for the child.

(b) If a witness or member of the family of the child is the only person who can serve as an interpreter for the child, he shall not be disqualified and may serve as the interpreter of the child. The interpreter, however, who is also a witness, shall testify ahead of the child.

(c) An interpreter shall take an oath or affirmation to make a true and accurate interpretation.

Section 10. Facilitator to pose questions to child. -

(a) The court may, motu proprio or upon motion, appoint a facilitator if it determines that the child is unable to understand or respond to questions asked. The facilitator may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent, or relative.

(b) If the court appoints a facilitator, the respective counsels for the parties shall pose questions to the child only through the facilitator. The questions shall either be in the words used by counsel or, if the child is not likely to understand the same, in words that are comprehensible to the child and which convey the meaning intended by counsel.

(c) The facilitator shall take an oath or affirmation to pose questions to the child according to the meaning intended by counsel.

Section 11. Support persons. -

(a) A child testifying at a judicial proceeding or making a deposition shall have the right to be accompanied by one or two persons of his own choosing to provide him emotional support.

(1) Both support persons shall remain within the view of the child during his testimony.

(2) One of the support persons may accompany the child to the witness stand, provided the support person does not completely obscure the child from the view of the opposing party, judge, or hearing officer.

(3) The court may allow the support person to hold the hand of the child or take other appropriate steps to provide emotional support to the child in the course of the proceedings.

(4) The court shall instruct the support persons not to prompt, sway, or influence the child during his testimony.

(b) If the support person chosen by the child is also a witness, the court may disapprove the choice if it is sufficiently established that the attendance of the support person during the testimony of the child would pose a substantial risk of influencing or affecting the content of the testimony of the child.

(c) If the support person who is also a witness is allowed by the court, his testimony shall be presented ahead of the testimony of the child.

Section 12. Waiting area for child witnesses. - The courts are encouraged to provide a waiting area for children that is separate from waiting areas used by other persons. The waiting area for children should be furnished so as to make a child comfortable.

Section 13. Courtroom environment. - To create a more comfortable environment for the child, the court may, in its discretion, direct and supervise the location, movement and deportment of all persons in the courtroom including the parties, their counsel, child, witnesses, support persons, guardian ad litem, facilitator, and court personnel. The child may be allowed to testify from a place other than the witness chair. The witness chair or other place from which the child testifies may be turned to facilitate his testimony but the opposing party and his counsel must have a frontal or profile view of the child during the testimony of the child. The witness chair or other place from which the child testifies may also be rearranged to allow the child to see the opposing party and his counsel, if he chooses to look at them, without turning his body or leaving the witness stand. The judge need not wear his judicial robe.

Nothing in this section or any other provision of law, except official in-court identification provisions, shall be construed to require a child to look at the accused.

Accommodations for the child under this section need not be supported by a finding of trauma to the child.

Section 14. Testimony during appropriate hours. - The court may order that the testimony of the child should be taken during a time of day when the child is well-rested.

Section 15. Recess during testimony. -

The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and re-cross examinations as often as necessary depending on his developmental level.

Section 16. Testimonial aids. - The court shall permit a child to use dolls, anatomically-correct dolls, puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him in his testimony.

Section 17. Emotional security item. - While testifying, a child shall be allowed to have an item of his own choosing such as a blanket, toy, or doll.

Section 18. Approaching the witness. - The court may prohibit a counsel from approaching a child if it appears that the child is fearful of or intimidated by the counsel.

Section 19. Mode of questioning. - The court shall exercise control over the questioning of children so as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form appropriate to the developmental level of the child, (3) protect children from harassment or undue embarrassment, and (4) avoid waste of time.

The court may allow the child witness to testify in a narrative form.

Section 20. Leading questions. - The court may allow leading questions in all stages of examination of a child if the same will further the interests of justice.

Section 21. Objections to questions. - Objections to questions should be couched in a manner so as not to mislead, confuse, frighten, or intimidate the child.

Section 22. Corroboration. - Corroboration shall not be required of a testimony of a child. His testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment subject to the standard of proof required in criminal and non-criminal cases.

Section 23. Excluding the public. - When a child testifies, the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made to protect the right to privacy of the child or if the court determines on the record that requiring the child to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity. In making its order, the court shall consider the developmental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian. The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is of such character as to be offensive to decency or public morals. The court may also, on motion of the accused, exclude the public from trial, except court personnel and the counsel of the parties.

Section 24. Persons prohibited from entering and leaving courtroom. - The court may order that persons attending the trial shall not enter or leave the courtroom during the testimony of the child.

Section 25. Live-link television testimony in criminal cases where the child is a victim or a witness. -

(a) The prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of the child be taken in a room outside the courtroom and be televised to the courtroom by live-link television.

Before the guardian ad litem applies for an order under this section, he shall consult the prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding the necessity of applying for an order. In case the guardian ad ltiem is convinced that the decision of the prosecutor or counsel not to apply will cause the child serious emotional trauma, he himself may apply for the order.

The person seeking such an order shall apply at least five (5) days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable.

(b) The court may motu proprio hear and determine, with notice to the parties, the need for taking the testimony of the child through live-link television.

(c) The judge may question the child in chambers, or in some comfortable place other than the courtroom, in the presence of the support person, guardian ad litem, prosecutor, and counsel for the parties. The questions of the judge shall not be related to the issues at trial but to the feelings of the child about testifying in the courtroom.

(d) The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child.

(e) The court shall issue an order granting or denying the use of live-link television and stating the reasons therefor. It shall consider the following factors:

(1) The age and level of development of the child;

(2) His physical and mental health, including any mental or physical disability;

(3) Any physical, emotional, or psychological injury experienced by him;

(4) The nature of the alleged abuse;

(5) Any threats against the child;

(6) His relationship with the accused or adverse party;

(7) His reaction to any prior encounters with the accused in court or elsewhere;

(8) His reaction prior to trial when the topic of testifying was discussed with him by parents or professionals;

(9) Specific symptoms of stress exhibited by the child in the days prior to testifying;

(10) Testimony of expert or lay witnesses;

(11) The custodial situation of the child and the attitude of the members of his family regarding the events about which he will testify; and

(12) Other relevant factors, such as court atmosphere and formalities of court procedure.

(f) The court may order that the testimony of the child be taken by live-link television if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, his counsel or the prosecutor as the case may be. The trauma must be of a kind which would impair the completeness or truthfulness of the testimony of the child.

(g) If the court orders the taking of testimony by live-link television:

(1) The child shall testify in a room separate from the courtroom in the presence of the guardian ad litem; one or both of his support persons; the facilitator and interpreter, if any; a court officer appointed by the court; persons necessary to operate the closed-circuit television equipment; and other persons whose presence are determined by the court to be necessary to the welfare and well-being of the child;

(2) The judge, prosecutor, accused, and counsel for the parties shall be in the courtroom. The testimony of the child shall be transmitted by live-link television into the courtroom for viewing and hearing by the judge, prosecutor, counsel for the parties, accused, victim, and the public unless excluded.

(3) If it is necessary for the child to identify the accused at trial, the court may allow the child to enter the courtroom for the limited purpose of identifying the accused, or the court may allow the child to identify the accused by observing the image of the latter on a television monitor.

(4) The court may set other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the best interests of the child.

(h) The testimony of the child shall be preserved on videotape, digital disc, or other similar devices which shall be made part of the court record and shall be subject to a protective order as provided in section 31(b).

Section 26. Screens, one-way mirrors, and other devices to shield child from accused. -

(a) The prosecutor or the guardian ad litem may apply for an order that the chair of the child or that a screen or other device be placed in the courtroom in such a manner that the child cannot see the accused while testifying. Before the guardian ad litem applies for an order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of section 25(a) of this Rule. The court shall issue an order stating the reasons and describing the approved courtroom arrangement.

(b) If the court grants an application to shield the child from the accused while testifying in the courtroom, the courtroom shall be arranged to enable the accused to view the child.

Section 27. Videotaped deposition. -

(a) The prosecutor, counsel, or guardian ad litem may apply for an order that a deposition be taken of the testimony of the child and that it be recorded and preserved on videotape. Before the guardian ad litem applies for an order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of section 25(a).

(b) If the court finds that the child will not be able to testify in open court at trial, it shall issue an order that the deposition of the child be taken and preserved by videotape.

(c) The judge shall preside at the videotaped deposition of a child. Objections to deposition testimony or evidence, or parts thereof, and the grounds for the objection shall be stated and shall be ruled upon at the time of the taking of the deposition. The other persons who may be permitted to be present at the proceeding are:

(1) The prosecutor;

(2) The defense counsel;

(3) The guardian ad litem;

(4) The accused, subject to subsection (e);

(5) Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child;

(6) One or both of his support persons, the facilitator and interpreter, if any;

(7) The court stenographer; and

(8) Persons necessary to operate the videotape equipment.

(d) The rights of the accused during trial, especially the right to counsel and to confront and cross-examine the child, shall not be violated during the deposition.

(e) If the order of the court is based on evidence that the child is unable to testify in the physical presence of the accused, the court may direct the latter to be excluded from the room in which the deposition is conducted. In case of exclusion of the accused, the court shall order that the testimony of the child be taken by live-link television in accordance with section 25 of this Rule. If the accused is excluded from the deposition, it is not necessary that the child be able to view an image of the accused.

(f) The videotaped deposition shall be preserved and stenographically recorded. The videotape and the stenographic notes shall be transmitted to the clerk of the court where the case is pending for safekeeping and shall be made a part of the record.

(g) The court may set other conditions on the taking of the deposition that it finds just and appropriate, taking into consideration the best interests of the child, the constitutional rights of the accused, and other relevant factors.

(h) The videotaped deposition and stenographic notes shall be subject to a protective order as provided in section 31(b).

(i) If, at the time of trial, the court finds that the child is unable to testify for a reason stated in section 25(f) of this Rule, or is unavailable for any reason described in section 4(c), Rule 23 of the 1997 Rules of Civil Procedure, the court may admit into evidence the videotaped deposition of the child in lieu of his testimony at the trial. The court shall issue an order stating the reasons therefor.

(j) After the original videotaping but before or during trial, any party may file any motion for additional videotaping on the ground of newly discovered evidence. The court may order an additional videotaped deposition to receive the newly discovered evidence.

Section 28. Hearsay exception in child abuse cases. - A statement made by a child describing any act or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted in evidence in any criminal or non-criminal proceeding subject to the following rules:

(a) Before such hearsay statement may be admitted, its proponent shall make known to the adverse party the intention to offer such statement and its particulars to provide him a fair opportunity to object. If the child is available, the court shall, upon motion of the adverse party, require the child to be present at the presentation of the hearsay statement for cross-examination by the adverse party. When the child is unavailable, the fact of such circumstance must be proved by the proponent.

(b) In ruling on the admissibility of such hearsay statement, the court shall consider the time, content and circumstances thereof which provide sufficient indicia of reliability. It shall consider the following factors:

(1) Whether there is a motive to lie;

(2) The general character of the declarant child;

(3) Whether more than one person heard the statement;

(4) Whether the statement was spontaneous;

(5) The timing of the statement and the relationship between the declarant child and witness;

(6) Cross-examination could not show the lack of knowledge of the declarant child;

(7) The possibility of faulty recollection of the declarant child is remote; and

(8) The circumstances surrounding the statement are such that there is no reason to suppose the declarant child misrepresented the involvement of the accused.

(c) The child witness shall be considered unavailable under the following situations:

(1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will be exposed to severe psychological injury; or

(2) Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means.

(d) When the child witness is unavailable, his hearsay testimony shall be admitted only if corroborated by other admissible evidence.

Section 29. Admissibility of videotaped and audiotaped in-depth investigative or disclosure interviews in child abuse cases. - The court may admit videotape and audiotape in-depth investigative or disclosure interviews as evidence, under the following conditions:

(a) The child witness is unable to testify in court on grounds and under conditions established under section 28 (c).

(b) The interview of the child was conducted by duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services in situations where child abuse is suspected so as to determine whether child abuse occurred.

(c) The party offering the videotape or audiotape must prove that:

(1) the videotape or audiotape discloses the identity of all individuals present and at all times includes their images and voices;

(2) the statement was not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the statement of the child and not the product of improper suggestion;

(3) the videotape and audiotape machine or device was capable of recording testimony;

(4) the person operating the device was competent to operate it;

(5) the videotape or audiotape is authentic and correct; and

(6) it has been duly preserved.

The individual conducting the interview of the child shall be available at trial for examination by any party. Before the videotape or audiotape is offered in evidence, all parties shall be afforded an opportunity to view or listen to it and shall be furnished a copy of a written transcript of the proceedings.

The fact that an investigative interview is not videotaped or audiotaped as required by this section shall not by itself constitute a basis to exclude from evidence out-of-court statements or testimony of the child. It may, however, be considered in determining the reliability of the statements of the child describing abuse.

Section 30. Sexual abuse shield rule. -

(a) Inadmissible evidence. - The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse:

(1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and

(2) Evidence offered to prove the sexual predisposition of the alleged victim.

(b) Exception. - Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury, or other physical evidence shall be admissible.

A party intending to offer such evidence must:

(1) File a written motion at least fifteen (15) days before trial, specifically describing the evidence and stating the purpose for which it is offered, unless the court, for good cause, requires a different time for filing or permits filing during trial; and

(2) Serve the motion on all parties and the guardian ad litem at least three (3) days before the hearing of the motion.

Before admitting such evidence, the court must conduct a hearing in chambers and afford the child, his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion and the record of the hearing must be sealed and remain under seal and protected by a protective order set forth in section 31(b). The child shall not be required to testify at the hearing in chambers except with his consent.

Section 31. Protection of privacy and safety. -

(a) Confidentiality of records. - Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall only be released to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies; and

(6) Other persons as determined by the court.

(b) Protective order. - Any videotape or audiotape of a child that is part of the court record shall be under a protective order that provides as follows:

(1) Tapes may be viewed only by parties, their counsel, their expert witness, and the guardian ad litem.

(2) No tape, or any portion thereof, shall be divulged by any person mentioned in sub-section (a) to any other person, except as necessary for the trial.

(3) No person shall be granted access to the tape, its transcription or any part thereof unless he signs a written affirmation that he has received and read a copy of the protective order; that he submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he will be subject to the contempt power of the court.

(4) Each of the tape cassettes and transcripts thereof made available to the parties, their counsel, and respective agents shall bear the following cautionary notice:

"This object or document and the contents thereof are subject to a protective order issued by the court in (case title) , (case number) . They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the contempt power of the court and other penalties prescribed by law."

(5) No tape shall be given, loaned, sold, or shown to any person except as ordered by the court.

(6) Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof shall be returned to the clerk of court for safekeeping unless the period is extended by the court on motion of a party.

(7) This protective order shall remain in full force and effect until further order of the court.

(c) Additional protective orders. - The court may, motu proprio or on motion of any party, the child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect the privacy of the child.

(d) Publication of identity contemptuous. - Whoever publishes or causes to be published in any format the name, address, telephone number, school, or other identifying information of a child who is or is alleged to be a victim or accused of a crime or a witness thereof, or an immediate family of the child shall be liable to the contempt power of the court.

(e) Physical safety of child; exclusion of evidence. - A child has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family. The court may, however, require the child to testify regarding personal identifying information in the interest of justice.

(f) Destruction of videotapes and audiotapes. - Any videotape or audiotape of a child produced under the provisions of this Rule or otherwise made part of the court record shall be destroyed after five (5) years have elapsed from the date of entry of judgment.

(g) Records of youthful offender. - Where a youthful offender has been charged before any city or provincial prosecutor or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be considered as privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever.

Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an institution and subsequently releases him pursuant to Chapter 3 of P. D. No. 603, all the records of his case shall also be considered as privileged and may not be disclosed directly or indirectly to anyone except to determine if a defendant may have his sentence suspended under Article 192 of P. D. No. 603 or if he may be granted probation under the provisions of P. D. No. 968 or to enforce his civil liability, if said liability has been imposed in the criminal action. The youthful offender concerned shall not be held under any provision of law to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any purpose.

"Records" within the meaning of this subsection shall include those which may be in the files of the National Bureau of Investigation and with any police department or government agency which may have been involved in the case. (Art. 200, P. D. No. 603)

Section 32. Applicability of ordinary rules. - The provisions of the Rules of Court on deposition, conditional examination of witnesses, and evidence shall be applied in a suppletory character.

Section 33. Effectivity. - This Rule shall take effect on December 15, 2000 following its publication in two (2) newspapers of general circulation.

January 22, 2008

Section 1. Habeas Data. - The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas data. However, in cases of extralegal killings and enforced disappearances, the petition may be filed by:

(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents; or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or

SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices.

SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a Regional Trial Court or any judge thereof, it shall be returnable before such court or judge.

When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices, or to any Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored.

The writ of habeas data shall be enforceable anywhere in the Philippines.

Sec. 5. Docket Fees. - No docket and other lawful fees shall be required from an indigent petitioner. The petition of the indigent shall be docked and acted upon immediately, without prejudice to subsequent submission of proof of indigency not later than fifteen (15) days from the filing of the petition.

SEC. 6. Petition. - A verified written petition for a writ of habeas data should contain:

(a) The personal circumstances of the petitioner and the respondent;

(b) The manner the right to privacy is violated or threatened and how it affects the right to life, liberty or security of the aggrieved party;

(c) The actions and recourses taken by the petitioner to secure the data or information;

(d) The location of the files, registers or databases, the government office, and the person in charge, in possession or in control of the data or information, if known;

(e) The reliefs prayed for, which may include the updating, rectification, suppression or destruction of the database or information or files kept by the respondent.

In case of threats, the relief may include a prayer for an order enjoining the act complained of; and

(f) Such other relevant reliefs as are just and equitable.

SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court and cause it to be served within three (3) days from the issuance; or, in case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later than ten (10) work days from the date of its issuance.

SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent by a judicial officer or by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

SEC. 10. Return; Contents. - The respondent shall file a verified written return together with supporting affidavits within five (5) working days from service of the writ, which period may be reasonably extended by the Court for justifiable reasons. The return shall, among other things, contain the following:

(a) The lawful defenses such as national security, state secrets, privileged communications, confidentiality of the source of information of media and others;

(b) In case of respondent in charge, in possession or in control of the data or information subject of the petition;

(i) a disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection;

(ii) the steps or actions taken by the respondent to ensure the security and confidentiality of the data or information; and,

(iii) the currency and accuracy of the data or information held; and,

(c) Other allegations relevant to the resolution of the proceeding.

A general denial of the allegations in the petition shall not be allowed.

SEC. 11. Contempt. - The court, justice or judge may punish with imprisonment or fine a respondent who commits contempt by making a false return, or refusing to make a return; or any person who otherwise disobeys or resist a lawful process or order of the court.

SEC. 12. When Defenses May be Heard in Chambers. - A hearing in chambers may be conducted where the respondent invokes the defense that the release of the data or information in question shall compromise national security or state secrets, or when the data or information cannot be divulged to the public due to its nature or privileged character.

Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 14. Return; Filing. - In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion requires the petitioner to submit evidence.

SEC. 15. Summary Hearing. - The hearing on the petition shall be summary. However, the court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties.

SEC. 16. Judgment. - The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous data or information and grant other relevant reliefs as may be just and equitable; otherwise, the privilege of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officers as may be designated by the court, justice or judge within five (5) working days.

SEC. 17. Return of Service. - The officer who executed the final judgment shall, within three (3) days from its enforcement, make a verified return to the court. The return shall contain a full statement of the proceedings under the writ and a complete inventory of the database or information, or documents and articles inspected, updated, rectified, or deleted, with copies served on the petitioner and the respondent.

The officer shall state in the return how the judgment was enforced and complied with by the respondent, as well as all objections of the parties regarding the manner and regularity of the service of the writ.

SEC. 18. Hearing on Officer’s Return. - The court shall set the return for hearing with due notice to the parties and act accordingly.

SEC. 19. Appeal. - Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the judgment or final order.

The appeal shall be given the same priority as in habeas corpus and amparo cases.

SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ of habeas data shall not preclude the filing of separate criminal, civil or administrative actions.

SEC. 21. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for a writ of habeas data, the petition shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to govern the disposition of the reliefs in the petition.

SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has been commenced, no separate petition for the writ shall be filed. The relief under the writ shall be available to an aggrieved party by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of habeas data.

SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or modify substantive rights.

SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court shall apply suppletorily insofar as it is not inconsistent with this Rule.

SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008, following its publication in three (3) newspapers of general circulation.

25 September 2007

Section 1. Petition. – The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File. – The petition may be filed by the aggrieved party or by any qualified person or entity in the following order:

1. Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party;

2. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or

3. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved party suspends the right of all others, observing the order established herein.

SEC. 3. Where to File. – The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred.

SEC. 4. No Docket Fees. – The petitioner shall be exempted from the payment of the docket and other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act upon it immediately.

SEC. 5. Contents of Petition. – The petition shall be signed and verified and shall allege the following:

1. The personal circumstances of the petitioner;

2. The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation;

3. The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits;

4. The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any report;

5. The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and

6. The relief prayed for.

The petition may include a general prayer for other just and equitable reliefs.

SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court; or in case of urgent necessity, the justice or the judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later than seven (7) days from the date of its issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of court who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 8. How the Writ is Served. – The writ shall be served upon the respondent by a judicial officer or by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

SEC. 9. Return; Contents. – Within five (5) working days after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following:

1. The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission;

2. The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission;

3. All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and

4. If the respondent is a public official or employee, the return shall further state the actions that have been or will still be taken:

   1. to verify the identity of the aggrieved party;

   2. to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible;

   3. to identify witnesses and obtain statements from them concerning the death or disappearance;

   4. to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance;

   5. to identify and apprehend the person or persons involved in the death or disappearance; and

   6. to bring the suspected offenders before a competent court.

The period to file a return cannot be extended except on highly meritorious ground. (A.M. No. 07-9-12-SC, October 16, 2007)

The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall be raised in the return, otherwise, they shall be deemed waived.

SEC. 11. Prohibited Pleadings and Motions. – The following pleadings and motions are prohibited:

1. Motion to dismiss;

2. Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;

3. Dilatory motion for postponement;

4. Motion for a bill of particulars;

5. Counterclaim or cross-claim;

6. Third-party complaint;

7. Reply;

8. Motion to declare respondent in default;

9. Intervention;

10. Memorandum;

11. Motion for reconsideration of interlocutory orders or interim relief orders; and

12. Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 12. Effect of Failure to File Return. — In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. — The hearing on the petition shall be summary. However, the court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties.

The hearing shall be from day to day until completed and given the same priority as petitions for habeas corpus.

SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order. – The court, justice or judge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.

The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue.

The personal election by the aggrieved party or by the member of the immediate family of the person or private institution that shall extend temporary protection shall be respected. Should such person or institution not be accredited in accordance with this Rule, the court hearing the petition for the writ of amparo may nonetheless allow the latter to provide immediate temporary protection subject to the undertaking that accreditation by the Supreme Court shall be applied for as soon as practicable. (A.M. No. 07-9-12-SC, [December 5, 2017])

The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge.

(b) Inspection Order. — The court, justice or judge, upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon.

The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition.

The movant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated.

The inspection order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons.

(c) Production Order. – The court, justice or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant.

The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties.

(d) Witness Protection Order. – The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981.

The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of keeping and securing their safety.

SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified motion of the respondent and after due hearing, the court, justice or judge may issue an inspection order or production order under paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported by affidavits or testimonies of witnesses having personal knowledge of the defenses of the respondent.

SEC. 16. Contempt. – The court, justice or judge may order the respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resists a lawful process or order of the court to be punished for contempt. The contemnor may be imprisoned or imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required. – The parties shall establish their claims by substantial evidence.

The respondent who is a private individual or entity must prove that ordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty.

The respondent who is a public official or employee must prove that extraordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty.

The respondent public official or employee cannot invoke the presumption that official duty has been regularly performed to evade responsibility or liability.

SEC. 18. Judgment. — The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied.

SEC. 19. Appeal. – Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the adverse judgment.

The appeal shall be given the same priority as in habeas corpus cases.

SEC. 20. Archiving and Revival of Cases. – The court shall not dismiss the petition, but shall archive it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or witnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the amparo court that shall, motu proprio or upon motion by any party, order their revival when ready for further proceedings. The petition shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years from notice to the petitioner of the order archiving the case.

The clerks of court shall submit to the Office of the Court Administrator a consolidated list of archived cases under this Rule not later than the first week of January of every year.

SEC. 21. Institution of Separate Actions. — This Rule shall not preclude the filing of separate criminal, civil or administrative actions.

SEC. 22. Effect of Filing of a Criminal Action. – When a criminal action has been commenced, no separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo.

SEC. 23. Consolidation. – When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition.

SEC. 24. Substantive Rights. — This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court. – The Rules of Court shall apply suppletorily insofar as it is not inconsistent with this Rule.

SEC. 26. Applicability to Pending Cases. – This Rule shall govern cases involving extralegal killings and enforced disappearances or threats thereof pending in the trial and appellate courts.

SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007, following its publication in three (3) newspapers of general circulation.

April 22, 2003

Section 1. Applicability. - This rule shall apply to petitions for custody of minors and writs of habeas corpus in relation thereto.

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.

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;

(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.

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 there are no Family Courts.

The writ issued by the Family Court or the regular court shall be enforceable in the judicial region where they belong.

The petition may likewise be filed with the Supreme Court, Court of Appeals, or 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 or to any regular court within the region where the petitioner resides or where the minor may be found for hearing and decision on the merits.

Upon return of the writ, the court shall decide the issue on custody of minors. The appellate court, or the member thereof, issuing the writ shall be furnished a copy of the decision.

Section 21. Confidentiality of proceedings. - The hearings on custody of minors may, at the discretion of the court, be closed to the public and the records of the case shall not be released to non-parties without its approval.

Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its publication in a newspaper of general circulation not later than April 30, 2003.

TITLE AND CONSTRUCTION

Rule 1. Title. - These Rules shall be known and cited as The 2010 Rules of the Presidential Electoral Tribunal.(R1a)

Rule 2. Definition of Terms. - When used in these Rules, the following terms shall mean:

(a) Tribunal - the Presidential Electoral Tribunal, sitting en banc or in Divisions;

(b) Automated Election System or AES - an election system using appropriate technology in voting, counting , consolidating, canvassing, transmitting election results, and other electoral processes;

(c) Precinct Count Optical Scan or PCOS - a technology using an optical ballot scanner, located in every precinct, that scans or reads paper ballots that votes mark by hand and are inserted in the scanner to be counted;

(d) Official Ballot - the paper ballot with the pre printed names of all candidates and with ovals corresponding to each of the names printed. The ovals are the spaces where voters expresses their choice by shading with a marking pen;

(e) Picture images of the ballot. - the image of the ballot that the PCOS machine captures at the time voter feeds the ballot into it, which images is stored in a memory or removal data storage device attached to the PCOS machines;

(f) Election Returns - the document showing the date of the election, the province, city, municipality and the period in which it is held, and the votes in figures for each candidate in a precinct or clustered precincts;

(g) Electronic Election Returns. - copies of the election returns in electronic form generated by the PCOS machine and electronically transmitted to the Municipal or City Board of Canvassers for the official canvass, to conduct a parallel count, and the Kapisanan ng mga Brodkaster sa Pilipinas KBP;

(h) Printed Election Returns - copies of the election returns printed by the PCOS machine on paper and authenticated by the manual signatures and thumbmarks of the Board of Election Inspectors (BEI);

(i) Electronic transmission - the act of conveying data in electronic form from one location to another;

(j) Canvass proceedings - the consolidation of precinct election results for the Offices of the President and Vice President at the municipal, city, or district level; district election results at the municipal or city level; municipal or city election results at the provincial level; and provincial election results at the national level, specifically Congress, including the formal proclamation of the winners in the elections;

(k) Consolidation Machine - the machine used at the canvass proceedings to consolidate precinct results, municipal and city results, or provincial results for purposes of getting the total votes of all candidates for the Offices of the President and Vice President;

(l) Statement of Votes by Precinct, Municipality, City, District, Province, or Overseas Absentee Voting (OAV) Station - a document in electronic and in printed form generated by the canvassing or consolidating machines or computers during the canvass proceedings of the votes obtained by the candidates for the Offices of the President and Vice President in each precinct, municipality, city, district, province, or OAV Station;

(m) City, municipal, district, or provincial certificate of canvass - a document in electronic and in printed form containing the total votes in figures obtained by each candidate for the Offices of the President and Vice President in a city, municipality, district, or province, the electronic form of which is the official canvass result and is the result electronically transmitted to Congress;

(n) Certificate of Canvass and Proclamation - the official printed document that contains the names of the candidates for the Offices of the President and Vice President who obtained the highest number of votes and certifies to their proclamation as winners;

(o) Data storage device - the device where electronic documents are stored and from which such documents may be obtained when necessary to verify the accuracy and correctness of election data; it includes the back-up storage device in which authentic electronic copies of the data are also stored;

(p) Audit log - the document that contains the list of all activities performed by the PCOS machine from the time it was switched on until the time it was turned off; and

(q) Electronic document - 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 and includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic document.

For purposes of these Rules, electronic documents refer to either the picture image of the ballots and electronic copies of the election returns, of statements of votes, of certificates of canvass, and of the other electronic data relative to the processing done by the PCOS machines and the various consolidation machines. (n)

Rule 3. Construction. - These Rules shall be liberally constructed to achieve a just expeditious, and inexpensive determination and disposition of every contest before the Tribunal (R2)

THE TRIBUNAL

Rule 4. Meeting quorum and Divisions. - The President Electoral Tribunal shall meet on such days and hours as it may designate at the call of the Chairman or of a majority of its Members. The presence of the majority of the Members shall be necessary to constitute a quorum. In the absence of the Chairman, the next senior Member shall preside.

In the absence of a quorum, the Members present, who shall not be less than five, may constitute themselves into an executive body whose actions shall be subject to confirmation by the Tribunal at its next regular meeting.

The Tribunal may constitute itself into Divisions for the purpose of allocating and distributing its workload. Each Division shall act on such matters as may be assigned to it by the Tribunal. (R3)

Rule 5. Place of meetings. - The Tribunal or its Divisions shall meet in the Session Hall of the Supreme Court or at such other place as may be designated. (R4)

Rule 6. Control and supervision. - The Tribunal shall have exclusive control and supervision of all matters pertaining to its operation. (R5)

Rule 7. Express and implied powers. - The Tribunal shall exercise all powers expressly vested in it by the Constitution or by law, and such other powers as may be inherent, necessary or incidental thereto for the accomplishment of its purposes and functions. (R6)

Rule 8. Inherent powers. - The Tribunal shall have the following inherent powers:

(a) Preserve and enforce in proceedings before it or before any of its Divisions or officials acting under its authority;

(b) Administer or cause to be administered oaths in any contest before it, and in any order matter where it may be necessary in the exercise of its powers;

(c) Compel the attendance of witnesses and production of evidence in any contest before it.

(d) Compel obedience to its decisions, resolutions, orders and processes;

(e) Control its processes and amend its decisions, resolutions or orders to make them conformable to law and justice;

(f) Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original copy thereof, and to restore and supply deficiencies in its records and proceedings; and

(g) Promulgate its own rules of procedure and amend or revise the same (R7)

Rule 9. Powers and duties of the Chairman. - The Chairman shall have the following powers;

(a) Issue calls for the sessions of the Tribunal;

(b) Preside the sessions of the Tribunal;

(c) Preserve order and decorum during the sessions and for that purpose take such steps as may be convenient or as the Tribunal may direct;

(d) Enforce the discussions, resolutions and orders of the Tribunal;

(e) With the concurrence of the Tribunal and in accordance with the provisions of the Civil Service Law, appoint the employees of the Tribunal and impose disciplinary sanctions on them, including dismissal from the service. The confidential employees of every Member shall serve at his pleasure and in no case beyond his own term;

(f) Exercise administrative supervision over the personnel of the Tribunal, including the Office of the Clerk of the Tribunal; and

(g) Perform such other functions and acts as may be necessary or appropriate to ensure the efficiency of the Tribunal. (R8)

Rule 10. Administrative Staff of the Tribunal. - The Tribunal shall have a Clerk and a Deputy Clerk. Unless the Tribunal provides otherwise, the administrative staff of the Tribunal shall be composed of the following:

(a) Canvass Board Division

(b) Legal Division

(c) Information Systems and Judicial Records Management Division

(d) Personnel Division

(e) Finance and Budget Division

(f) Accounting Division

(g) Cash Division. (R9)

Rule 11. The Clerk of the Tribunal. - The Tribunal may designate the Clerk of the Supreme Court as the Clerk of the Tribunal who shall perform the following duties:

(a) Receive all pleadings and other documents properly presented, indicating on each document the date and time of its filling and furnishing each Member a copy;

(b) Keep a separate docket wherein shall be entered in chronological order election contests, quo warranto cases and proceedings had therein;

(c) Certify under the Seal of the Tribunal its decisions, resolutions, orders and notices;

(e) Keep a judgement book containing a copy of each decision, final order or resolution rendered by the Tribunal in the order of their dates, and a Book of entries of Judgement containing in chronological order entries of the dispositive portions of all decisions, final orders or resolutions of the Tribunal;

(f) Implement the decisions, resolutions, orders and processes issued by the Tribunal;

(g) Keep and secure all scanned ballots stored in their ballot boxes, the minutes of voting and counting of votes, the printed election returns, the statements of votes (SOVs), the certificates of canvass (COCs), the certificate of canvass and proclamation (COCP) and other documents used in the counting, canvassing, and consolidation of votes as well as their equivalent electronic documents saved and stored in accordance with the election rules;

(h) Keep an inventory and have the custody of the Seal and other public property belonging to or assigned for the use of the Tribunal;

(I) Keep an account of the funds set aside for the expenses of the Tribunal, as well as the funds received and disbursed relative to the cases; and

(j) Keep such other books and perform such other duties as are prescribed by law for the Clerk of the Supreme Court as the Tribunal may direct.

The Deputy Clerk shall assist the Clerk of the Tribunal and shall perform such other duties and functions as may be assigned to him by the latter. (R10)

Rule 12. The Seal. - The Seal of the Tribunal shall be circular in shape and shall contain in the upper part the words "Presidential Electoral Tribunal" in the center the coat of arms of the Government of the Philippines and at the base the name "Republic of the Philippines."

The Seal of the Tribunal shall be affixed to all decisions, rulings, resolutions, orders or notices of the Tribunal, certified copies of the official records and such other documents which the Tribunal may require to be sealed. (R11)

ELECTION CONTESTS

Rule 13. Jurisdiction. - The Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President of the Philippines. (R12)

Rule 14. How initiated. - An election contest is initiated by the filing of an election protest or a petition for quo warranto against the President or Vice- President. An election protest shall not include a petition for quo warranto. A petition for quo warranto shall not include an election protest. (R13)

Rule 15. Election Protest. - The registered candidate for President or Vice-President of the Philippines who received the second or third highest number of votes may contest the election of the President or Vice-President, as the case may be, by filing a verified election protest with the Clerk of the Presidential Electoral Tribunal within thirty days after the proclamation of the winner. (R14)

Rule 16. Quo warranto. - A verified for quo warranto contesting the election of the President or Vice - President on the ground of ineligibility or disloyalty to the Republic of the Philippines may filed by any registered voter who has voted in the election concerned within ten days after the proclamation of the winner. (R16)

Rule 17. Contents of the protest or petition. - (A) An election protest or petition for quo warranto shall commonly state the following facts:

(a) the position involved;

(b) the date of proclamation; and

(c) the number of votes credited to the parties per the proclamation.

(B) A quo warranto petition shall as state:

(a) the facts giving the petitioner standing to the file the petition;

(b) the legal requirements for the office and the disqualifications prescribed by law;

(c) the protestee's ground for ineligibility or the specific acts of disloyalty to the Republic of the Philippines

(C) An election protest shall also state:

(a) that the protestant was a candidate who had duly filed a certificate of candidacy and had been voted for the same office.

(b) the total number of precincts of the region, province, or city concerned;

(c) the protested precincts and votes of the parties to the protest in such precincts per the Statement of Votes By Precincts, or if the votes of the parties are not specified, an explanation why the votes are not specified ; and

(d) a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies, or irregularities in the protested precincts. (n)

Rule 18. Extensions of time. - The periods provided in Rules 15 and 16 above are jurisdictional and cannot be extended. (R17a)

Rule 19. Damages. - Actual or compensatory, moral and exemplary damages as provided by law may be claimed in election protest or quo warranto proceedings when warranted. (R18)

Rule 20. Petitions to be filed with the Tribunal. - Election protests and petitions for quo warranto may be filed with the Office of the Clerk of the Tribunal in eighteen legible copies. The Clerk shall indicate on the petition the date and hour of receipt. (R19)

Rule 21. Summary dismissal of election contest. - An election protest or petition for quo warranto may be summarily dismissed by the Tribunal without requiring the protestee or respondent to answer if, inter alia:

(a) the protest or petition is insufficient in form and substance;

(b) the protest or petition is filed beyond the periods provided in Rules 15 and 16;

(c) the filing fee is not paid within the periods provided in Rules 15 and 16;

(d) the cash deposit or the first Two Hundred Thousand Pesos (P 200,000.00) is not paid within ten days after the filing of the protest; and

(e) the protest or petition or copies and their annexes filed with the Tribunal are not clearly legible. (R20a)

SUMMONS, ANSWERS AND COUNTER-PROTESTS

Rule 22. Summons. - If the election protest or the petition for quo warranto is not summarily dismissed in accordance with the immediately preceding Rule, Clerk of the Tribunal shall issue the corresponding summons to the protestee or respondent together with a copy of the protest or petition requiring him to file an answer within ten days from receipt of the summons. (R21)

Rule 23. Answer. - The answer shall be verified and may set forth special and affirmative defenses. The protestee or respondent may incorporate in his answer a counter -protest or ten days from receipt of summons in eighteen clearly legible copies with proof of service of a copy upon the protestant or petitioner. (R22)

Rule 24. Counter - protest. - A counter-protest must be verified and filed within ten days from receipt of the summons and the protest. The counter-protestee shall answer the counter-protest within ten days from receipt of a copy thereof. (R23)

Rule 25. Motion to dismiss. - No motion to dismiss shall be entertained. Instead any ground for a motion to dismiss may be pleaded as an affirmative defense in the answer to the protest or counter-protest or petition for quo warranto. In the exercise of its discretion, the Tribunal may hold a preliminary hearing on such ground. (R24)

Rule 26. Extensions of time. - No motion to dismiss shall be entertained. Instead, any ground for a motion to dismiss may be pleaded as an affirmative defense in the answer to the protest or counter-protest or petition for quo warranto. In the exercise of its discretion, the Tribunal may hold a preliminary hearing on such ground. (R24)

Rule 27. Failure to answer; effect. - If no answer is filed to the protest, counter-protest or the petition for quo warranto within the period fixed in theses Rules, a general denial shall be deemed to have been entered. (R26)

Rule 28. Amendments, limitations. - After the expiration of the period for filing of the protest, counter-protest or petition for quo warranto, no substantial amendments which broaden the scope of the action or introduce an additional cause of action shall be allowed. An amendment involving from may be admitted at any stage of the proceedings.

After the period for receiving the evidence has commenced, no amendment to the pleadings affecting the merits of the case shall be granted except for justifiable reasons.

When the Tribunal admits an amended protest, counter-protest or petition, it may require the other party to answer the same within ten days from service of a copy of such amended protest, counter-protest or petition of the resolution admitting the same. (R27)

Rule 29. Preliminary Conference. -

(a) Purpose. - After the filing of the last pleading, the Tribunal shall order a preliminary conference to consider:

(1) the possibility of obtaining stipulations or admissions of facts and documents to avoid unnecessary proof;

(2) the simplification of issues;

(3) the limitation of number of witnesses;

(4) the most expeditious manner for the retrieval of ballot boxes containing the ballots, election returns, certificates of canvass and other election documents involved in the election protest; and

(5) such other matters as may aid in the prompt disposition of the election protest or petition for quo warranto.

(b) Preliminary conference brief. - The parties shall file with the Tribunal and serve on the adverse party a preliminary conference brief at least five days before the date of the preliminary conference, which shall contain:

(1) stipulations or admissions of facts and documents;

(2) the issues to be resolved;

(3) the numbers and names of witnesses, and the nature and substance of their respective testimonies;

(4) the list of not more than three provinces which the parties may designate pursuant to Rule 65; and

(5) the proposal on the prompt disposition of the case.

(c) Preliminary conference order. - The tribunal shall issue an order reciting the matters taken up during the preliminary conference and the action thereon. (R28)

Rule 30. Other pleadings; how filed. - Except for the original election protest or petition for quo warranto which the Tribunal itself serves on the adverse party, together with the summons, all other pleadings shall be filed with the Office of the Clerk of the Tribunal in eighteen clearly legible copies and must be accompanied with proof of service of a complete copy upon the adverse party or parties.

No action shall be taken on pleadings that fail to comply with this Rule. (R29)

Rule 31. Proof of service. - Proof of personal service shall consist of a written admission of the party served or the affidavit of the party serving, containing a full statement of the date, place and manner of the service. If service is made by registered mail, proof shall be made by affidavit of the sender and the registry receipt issued by the mailing office. The registry return card shall be filed with the Tribunal immediately upon receipt of the sender or, in lieu thereof, the unclaimed letter together with a certified sworn copy of the notice given by the postmaster to the addressee, as the case may be. A resort to modes other than personal service must be accompanied by a written explanation why the service or filing was not done personally. (R30)

FILING FEES, CHARGES AND DEPOSITS

Rule 32. Filing fees. - No protest, counter-protest or petition for quo warranto shall be deemed filed without payment to the Tribunal of the filing fee in the amount of One Hundred Thousand Pesos (P100,000.000).

If a claim for damages or attorney's fees is set forth in a protest, counter-protest or petition for quo warranto. An additional filing fee shall be paid, which shall be, If the sum is claimed is :

Not more than P20,000 . . . . . . . . . . . . . . . . .P240.00

More than P20,000 but less than P40,000 . .P300.00

P40,000 or more but less than P60,000 . . . .P400.00

P60,000 or more but less than P80,000 . . . .P500.00

P80,000 or more but less than P100,000 . . .P800.00

P100,000 or more but less than P150,000 .P1200.00

For each P1,000 in excess of P150,000 .P100.00

Rule 33. Cash deposit. - In addition to the fees mentioned above, each protestant or counter-protestant shall make a cash deposit with the Tribunal in the following amounts:

(a) If the protest or counter-protest does not require the bringing to the Tribunal of ballot boxes and other election documents and paraphernalia, Twenty Thousand Pesos (P20,000);

(b) If the protest or counter-protest requires the bringing of the ballot boxes and election documents or paraphernalia, Five Hundred Pesos (P500.00) for each precinct involved. If the amount of the deposit does not exceed Two Hundred Thousand Pesos (P200,000.00), the same shall be made in full with the Tribunal within ten days after the filing of the protest or counter-protest; and

(c) If the amount of the deposit exceeds Two Hundred Thousand Pesos (P200,000.00), a partial deposit of at least Two Hundred Thousand Pesos (P200,000.00) shall be made within ten days after filing of the protest or counter-protest. The balance shall be made in such installments as may be required by the Tribunal on at least five days advance notice to the party required to make deposit.

The cash deposit shall be applied by the Tribunal to the payment of all expenses incidental to the bringing of the ballot boxes and election documents or paraphernalia to the Tribunal and returning them after the case is terminated, and to the compensation of the members of the revision committees. When the Tribunal determines that the circumstances demand, it may require additional cash deposits. Any unused cash deposit shall be returned to the protestant or counter-protestant after complete termination of the protest or counter-protest. (R32a)

Rule 34. Effect of failure to make cash deposit. - If a party fails to make the cash deposits or additional deposits herein required within the prescribed time limit, the Tribunal may dismiss the protest or counter-protest, or take such action as it may deem equitable under the circumstances. (R33)

Rule 35.* Other legal fees. - The following legal fees shall be charged and collected:

(a) For furnishing certified transcripts of records or copies of any decision, resolution, record or entry to which any person is entitled to demand and receive a copy, for each page. . . . . P20.00

The certification is charged separately in the amount of . . . P200.00

(b) For furnishing certified transcripts of notes taken by stenographers to every person requesting the same for each page of not less than two hundred and fifty words. . P 20.00

(c) For every search for anything above a year's standing and reading the same. . . P200.00

(d) For every certificate not on process. . . . P100.00 (R34a)

PRODUCTION AND CUSTODY OF BALLOT BOXES, ELECTION DOCUMENTS, DATA STORAGE DEVICES, AND MACHINES USED IN ELECTIONS

Rule 36. Issuance of precautionary order. - Where the allegations in a protest so warrant, the Tribunal shall, simultaneous with the issuance of summons, order the municipal treasurer and election officer, and the responsible personnel and custodian to take immediate steps or measures to safeguard the integrity of all the ballot boxes and their contents, lists of voters with voting records, books of voters, and other documents or paraphernalia used in the election, as well as data storage devices containing electronic data evidencing the conduct and the results of elections in the contested precincts. (n)

Rule 37. When ballot boxes and election documents are brought before the Tribunal. -

(a) Within forty-eight hours from receipt of the answer with counter-protest, if any, the Tribunal shall, when the allegations in a protest or counter-protest warrants, order the ballot boxes and their contents with their keys, lists of voters with voting records, books of voters, the electronic data storage devices, and other documents, paraphernalia, or equipments relative to the precincts involved in the protest or counter-protest, to be brought before it. (R35a)

(b) The Tribunal shall notify the parties of the date and time for the retrieval of the above-named items from their respective custodians. The parties may send representatives to witness the same. The absence, however, of a representative of a party shall not be reason to postpone or delay the bringing of the ballot boxes, election documents, and data storage device, into the custody of the Tribunal. (n)

(c) The Tribunal may, in its discretion, seek the assistance of the Philippine National Police or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and election paraphernalia into the custody of the Tribunal. (n)

(d) Where any of the ballot boxes, ballots, election returns, election documents or paraphernalia mentioned in the first paragraph above are also involved in election contests before other for a, such as the Senate Electoral Tribunal or the House of Representatives Electoral Tribunal, the Tribunal shall have preferential right over the custody and revision of ballots involved in simultaneous protests. The Tribunal shall, however, make the appropriate coordination and request with the other electoral bodies involved as to temporary prior custody of ballot boxes and revision of ballots and other documents and storage devices, or the synchronization of such recount of ballots. (R35a)

(e) The expenses necessary and incidental to the bringing of the ballot boxes, election documents, and devices shall be shouldered and promptly paid by the protestant and counter-protestant, if any, in proportion to the precincts involved. The expenses necessary and incidental to the return of the ballot boxes, election documents, and storage devices to their original custodians or the proper electoral bodies after the termination of the case shall be shared proportionately by the protestant and protestee based on the number of precincts respectively contested by them, (R36a)

REVISION OF VOTES

Rule 38. Start of revision. - The revision of votes shall commence on the date specified in the preliminary conference order, unless rescheduled by the Tribunal. (n)

Rule 39. Revision Committees; under the Tribunal's supervision. -

(a) The Tribunal shall constitute such number of Revision Committees (RC) as may be necessary. The Tribunal's Clerk of Court shall submit a list of such committees to the Chairman of the Tribunal for his approval. (R37a)

(b) Each RC shall be composed of a Coordinator who shall be a lawyer of the Tribunal, a recorder, a clerk, a typist, and a ballot box custodian and one representative each from the protestant and the protestee. The Chairman of the Tribunal shall designate the RC Coordinators from among its personnel. The parties shall also designate their respective alternative representatives. (R37a)

(c) The RCs shall conduct the revision of votes in the Tribunal', premises or at such other places as it may designate but in every case under its strict supervision. The members of the RCs shall discharge their duties with the highest degree of integrity, conducting the proceedings with the same dignity and discipline as if undertaken by the Tribunal itself. They shall exercise extraordinary diligence and take precautionary measures to prevent the loss, disappearance or impairment of the integrity of the ballots and other election documents, whether electronic or printed, and other election paraphernalia. (n)

Rule 40. Compensation of the members of the RCs. - The Tribunal shall fix the compensation of the members of the RCs, including the fees for the supplies and materials at One Thousand Five Hundred Pesos (P1,500) per clustered precinct and shall be distributed as follows: xxxx

The amount of P6.00 shall also be allocated for storage of the election paraphernalia and P50.00 for the honoraria of the warehouse handlers. The representatives of the parties shall be directly compensated by their respective principals or by the parties themselves. (n)

Rule 41. Continuous revision - Once commenced the revision of votes shall continue from day to day as far as practicable until terminated.

(a) Period for revision - The revision shall be conducted from 8:30 o‘clock in the morning to 12:00 noon and from 1:30 to 4:30 o'clock in the afternoon from Monday to Friday except on non-working holidays The members of the RCs may take a fifteen-minute break in each session. (n)

(b) Revision to continue even if a party representative is absent or late - The revision of votes shall not be delayed or postponed by reason of the absence or tardiness of a party representative as long as the RC Coordinator and one party representative are present. The Chairman of the Tribunal may at any time designate another Coordinator if the regular Coordinator fails for any reason to report. (n)

(c) If the representative of the protestee is absent or late - If the representative of the protestee is absent or late for thirty minutes and no alternative appears as a substitute the revision shall nevertheless commence the protestee shall be deemed to have waived right to appear and to object to the ballots in the precinct or precincts scheduled for revision on that particular day. (n)

(d) if the representative of protestant or counter-protestant or of both parties fail to appear- If the representative of the protestant or of both parties and alternates fail to appear for no justifiable reason within one hour after fixed hours from the start of the revision the ballot boxes scheduled for that day and the corresponding keys in the possession of the chairperson shall be returned to the ballot box custodian of the Tribunal and shall no longer be revised it is understood that the parties waive their right to revise the same and the RC Coordinator concerned shall state such facts in the corresponding RC report. (n)

Rule 42. Prohibited access - During the revision of votes no person other than the Members of the Tribunal the clerk of the Commission the RC Coordinator and the members of the RCs the parties and their duly authorized representatives shall have access to the revision area. (n)

Rule 43. Conduct of the revision - The revision of votes shall be done through the use of appropriate PCOS machine or manually and visually as the Tribunal may determine and according to the following procedures:

(a) The date and place of the revision and the number of the RCs shall be set during the preliminary conference. (n)

(b) The RCs shall convene at the appointed place and on the appointed day. (n)

(c) The ballot boxes containing the ballots from the protested precincts the data storage device used in such precincts as well as the machine or any device that can be used to authenticate or assure the genuineness of the ballots shall be brought to the venue of revision on the same day. (n)

(d) The different RCs shall be provided with an adequate workspace with tables and chairs that would enable them to perform the revision in an efficient and transparent manner. (n)

(e) The RCs shall upon the request in writing of the parties randomly pick the precinct that would be the subject of the revision. (n)

(f) Before opening the ballot box the RCs shall note its condition as well as that of the locks or locking mechanism and record the condition in the revision report From its observation the RCs must also make a determination as to whether the integrity of the ballot box has been preserved. (R40a)]

(g) The ballot box shall then be opened and the ballots shall be taken out. The "valid" ballots shall first be counted without regard to the votes obtained by the parties. This will be followed by the counting of the torn unused and stray ballots as classified at the polling place. (n)

(h) The votes appearing in election returns copy for the ballot box shall then be recorded in the minutes. (n)

(i) Prior the actual conduct of the revision of the votes the RC must authenticate each and every ballot to make sure that they were the same ballots that were cast and fed to the PCOS machine during the elections. The authentication shall be through the use of the PCOS machine actually used during the elections in the subject precinct or by another device certified by the Commission on Elections (COMELEC) as one that can perform the desired authentication requirement through the use of bar code and ultra-violet ray code detection mechanism. (n)

(j) Only when the RC through its coordinator determines that the integrity of the ballots has been preserved will the revision proceed. (n)

(k) Upon such determination the RC shall then look at the ballot and count the votes as registered in each and every one of them for the contested position. (n)

(I) In looking at the shades or marks used to register votes the RC 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 aside any technicalities. Furthermore the votes thereon are presumed to have been made by the voter and shall be considered as such unless reasons exist that will justify their rejection. However marks or shades which 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 feeding the ballot on the PCOS machine and not by human determination. (n)

(m) The rules on appreciation of ballots under Section 211 of the Omnibus Election Code shall apply suppletorily when appropriate. (n)

(n) There shall be a tally sheet when conducting a manual count of at least 5 copies plus additional copies depending on the number of additional parties that will be used for the tallying of the votes as they are counted through the use of the tara or stick. (n)

(o) After all the ballots from one ballot box have been counted the RC shall secure the contested ballots and complete the revision report for said precinct. Thereafter it shall proceed to revise the votes on the ballots from the next precinct. (n)

(p) In case of multiple RCs the revision shall be done simultaneously.

(q) In the event that the RC determines that the integrity of the ballots box was not preserved as when there is proof of tampering or substitution it shall proceed to instruct the printing of the picture image of the ballots of the subject precinct stored in the data storage device for the same precinct. The Tribunal may avail itself of the assistance of the COMELEC for the service of the service of a non-partisan technical person who shall conduct the necessary authentication process to ensure that the data or images stored are genuine and not merely substitutes. It is only upon such determination that the printed picture image can be used for the revision of votes. (n)

Rule 44. Preparation and submission of revision report. - The RCs shall prepare and submit to the Tribunal a revision report per precinct stating the following:

(a) The precinct number

(b) The date, place and time of revision

(c) The condition and serial numbers of the following:

(1) Ballot boxes

(2) Locks; and

(3) Data storage device

(d) The votes of the parties per physical count of the paper ballots.

(e) The votes of the parties per ballot-box copy of the election returns

(f) The number of ballots questioned by the parties indicating their exhibit number

(g) The number of torn unused and stray ballots

(h) The entries in the Minutes of Voting and Counting particularly

(1) The number of registered voters

(2) The number of voters who actually voted

(3) The number of official ballots together with their serial number used in the election

(4) The number of ballots actually used indicating the serial numbers of the ballots and

(5) The unused ballots together with their serial numbers.

The revision forms shall be made available prior to the revision. The per-precinct revision report shall be signed and certified to by the revision coordinator and the representatives of the parties, and shall form part of the records of the case. The tally sheet used for the revision shall be attached to the report.

In addition to the per-precinct revision report, the RC shall also prepare and submit to the Tribunal, within seven (7) days from the termination of the revision, a committee report summarizing the data, cotes, questions on the ballots, significant observations made in the revision of votes from each of the protested precincts and, later from the counter-protested precincts, and comments and objections in case of disagreement between RC members Each party furnished with a copy of the committee report may submit their comments thereon within a non-extendible period of seven days from notice. (n)

Rule 45. Inquiry as to security markings and vital information relative to ballots and election documents. - When a revision of ballots is ordered and for the guidance of the members of the Revision Comments. The Tribunal shall direct the COMELEC to give advice and instructions to the RCs on the security markings on the ballots and election documents. The Tribunal shall likewise designate a technical person who assists the RCs in authenticating electronic documents if needed, as well as in transforming the same to a form that can make them observable to the Tribunal. (n)

TECHNICAL EXAMINATION

Rule 46. Motion for technical examination; contents. - Within five days after completion of the revision of votes, either party may move for a technical examination, specifying:

(a) The nature of the technical examination requested (e.g. the examination of the genuineness of the ballots or election returns, and others);

(b) The documents to be subjected to technical examination;

(c) The objections made in the course of the revision of votes which he intends to substantiate with the results of the technical examination; and

(d) The ballots and election returns covered by such objections. (R43a)

Rule 47. Technical examination time limits. - The Tribunal may grant the motion for technical examination in its discretion and other such conditions as it may impose. If the motion is granted the Tribunal shall schedule the technical examination, notifying the other parties at least five days in advance. The technical examination shall be completed within the period allowed by the tribunal. A party may attend the technical examination, either personally or through a representative, but the technical examination shall proceed with or without his attendance, provided due notice has been given to him.

The technical examination shall be conducted at the expense of the movant and under the supervision of the Clerk of the tribunal of his duly authorized representative. (R44)

Rule 48. Experts who shall provide. - The tribunal shall independent experts necessary for the conduct of a technical examination. The parties may avail themselves of the assistance of their own experts who may observe, but not interfere with, the examination conducted by the experts of the Tribunal. (R45)

Rule 49. Technical examination not interrupted. - Once started, the technical examination shall continue every working day until completed or until expiration of the period granted for such purpose. (R46)

Rule 50. Photographing or electronic copying. - Upon prior approval of the Tribunal, photography or electronic copying of ballots, election returns or election documents shall be done within its premises under the supervision of the Clerk of the Tribunal or his duly authorized representative, with the party providing his own photographing or electronic copying equipment. (R47a)

Rule 51. Scope of technical examination. - Only the ballots, election returns and other election documents allowed by the Tribunal to be examined shall be subject to such examination. (R48)

SUBPOENAS

Rule 52. Who may issue. - The Tribunal may issue subpoena ad testificandum or subpoena duces tecum motu proprio or upon request of any of the parties. (R50)

Rule 53. Form and contents - A subpoena ad testificandum, signed by the Clerk of the Tribunal shall state the name of the Tribunal, the title of the action and be directed to the person whose attendance is required Asubpoena ducestecum shall contain a reasonable description of the books, documents or things demanded which appear prima facie relevant. (R51)

Rule 54. Authority of Hearing Commissioners to issue subpoena. - The Tribunal may authorize Hearing Commissioners to issue subpoenas in cases assigned to them for reception of evidence. (R52)

RECEPTION EVIDENCE

Rule 55. Hearings - After the submission of all Revision/Correction Reports, the Tribunal may delegate the reception of evidence to a Hearing Commissioner who is a member of the Bar (R53)

Rule 56. Preliminary conference. - The Hearing Commissioner shall fix a date for the reception of evidence and submission of the affidavits of the witnesses of the parties, with the adverse parties being furnished copies.

Reception of the evidence shall be done at the offices of the Tribunal unless Hearing Commissioner directs its reception in some other place (R54)

Rule 57. Procedure of hearings. - At the hearings, the affidavits of the witnesses submitted by the parties shall constitute their direct testimonies. Witnesses who testify may be subject to cross - examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.

Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was previously submitted to the Tribunal

However, should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence, he shall manifest during the preliminary conference, stating their purpose. If allowed by the Tribunal, the additional affidavits of the protestee shall be submitted to the Tribunal and serve on the adverse party not later than five days after the termination of the preliminary conference. If the additional affidavits are presented by the protestant, the protestee may file his counter-affidavits and serve the same on the protestant within five days of such service. (R55a)

Rule 58. Cross-examination; effect of absence of a party. - In the reception of evidence of a party before a Hearing Commissioner, the other party has a right to be present and to cross-examine the witness presented.

The Hearing Commissioner may proceed ex parte in the absence of the other party provided he has been duly notified of the hearing.

If a party presenting evidence fails to appear at the time and place designated, the Hearing Commissioner may adjourn the proceedings to a future day, giving notice to the absent party of his attorney of the adjournment. The delay shall be charged to the party's period to present evidence. (R56)

Rule 59. Hearing Commissioner to rule on objections. - The Hearing Commissioner receiving the evidence shall rule on objections made in the course of cross-examination subject to review by the Tribunal.

An exception to a ruling of the Hearing Commissioner shall not suspend the reception of evidence. (R57)

Rule 60. Procedure after hearing by Commissioner. - The Hearing Commissioner shall submit the evidence presented, together with the transcripts of the proceedings held before him, to the Tribunal within five days. (R58)

Rule 61. Time limit for presentation of evidence. - Each part is given a period of thirty working days to complete the presentation of his evidence, including its format offer. This period shall begin from the first date set for the presentation of the party's evidence. Either before the Tribunal or a Hearing Commissioner.

The hearing for any particular day or days may be postponed or canceled upon the request of either party. The delay caused by such postponement shall be charged to the period for presenting evidence of the movant.

The following shall not be charged against the period allotted to either party:

(a) The period when presentation of the party's evidence is suspended by order of the Tribunal or the Hearing Commissioner by reason of the pendency of an issue in the nature of a prejudicial question which must first be resolved before the hearing can continue: and

(b)The time taken up in the cross-examination of his witnesses by the other party.

A party may present rebuttal or surrebuttal evidence during the remainder of the thirty-day period that he has not utilized for the presentation of his evidence-in-chief (R59)

Rule 62. Evidence not formally offered, inadmissible - Evidence not formally offered shall not be admitted and considered by the Tribunal in deciding the case (R60)

Rule 63. When submitted; contents - Within twenty days from receipt of the Tribunal's ruling on the last offer of evidence by the protestee , the parties shall simultaneously submit their respective memoranda setting forth briefly.

(a) The facts of the case;

(b) A complete statement of all the arguments submitted in support of their respective views of the case:

(c) Objections to the ballots adjudicated to or claimed by the other party in the revision of ballots:

(d) Refutation of the objections of the other party to the ballots adjudicated to or claimed in the revision of ballots

(e) Objections to the tallying of election returns and certificates of canvass raised by the other party in the correction of manifest error; and

(f) Refutation of the objections raised by the other party to the tallying of election returns and certificates of canvass in the correction of manifest error.

All evidence, as well as objections to evidence presented by the other party, shall be either referred to or contained in the memorandum or in an appendix thereto (R61)

Rule 64. Supplemental or rebuttal memorandum. - When required or allowed by the Tribunal, a party shall a supplemental or rebuttal memorandum (R62)

INITIAL DETERMINATION OF THE GROUNDS FOR PROTEST

Rule 65. Dismissal, when proper - The Tribunal may require the protestant or counter-protestant to indicate , within a fixed period , the province or provinces numbering not more than three best exemplifying the frauds or irregularities alleged in his petition and the revision of ballots and reception of evidence will begin with such provinces. If upon examination of such ballots and proof and after making reasonable allowances, the Tribunal is convinced that, taking all circumstances into account, the protestant or counter-protestant will most probably fail to make out his case, the protest may forthwith be dismissed, without further consideration of the other provinces mentioned in the protest.

The preceding paragraph shall also apply when the election protest involves correction of manifest errors. (R63)

VOTING

Rule 66. Votes required. - In resolving all matters or questions submitted to the Tribunal, including the rendition of a decision and the adoption of resolutions, the concurrence of a majority of the Members present constituting a quorum, who actually took part in the deliberations on the issue of the case and voted therein, shall be necessary. (R64)

DECISION

Rule 67. Procedure in deciding contests. - In rendering its decision, the Tribunal shall follow the procedure prescribed for the Supreme Court in Sections 13 and 14, Article VIII of the Constitution. (R65)

Rule 68. Promulgation of decision. - After the judgment and dissenting opinions, if any, are signed, they shall be delivered for filing with the Clerk of the Tribunal who shall cause true copies to be served personally upon the parties or their counsel (R66)

Rule 69. Finality of decision. - The decision shall become final ten days after receipt of a copy by the parties or their counsel if no motion for reconsideration is filed.

No motion shall be entertained for the reopening of a case; a motion for reconsideration of a decision may be allowed under the evidence of record, A party may file a motion for reconsideration within ten days from service of a copy of the decision, No party may file more than one motion for reconsideration, copy of which shall be served personally upon the adverse party who may answer the motion within five days after its receipt.

If the motion for reconsideration is denied, the decision shall become final and executory upon personal service on the parties of the resolution disposing of the motion for reconsideration. IF the motion for reconsideration is granted, the party adversely affected may move to reconsider within ten days from receipt of the resolution granting the motion for reconsideration; otherwise, the decision as reconsidered shall become final and executor after the lapse of said period. (R67)

Rule 70. Entry of judgment. - The judgment shall be entered by the Clerk of the Tribunal immediately upon its finality. The recording of the judgment in the Book of Entries of Judgment shall constitute its entry. The record shall contain the dispositive part of the judgment and shall be signed by the Clerk of the Tribunal, with a certificate that such judgment has become final and executor. (R68)

Rule 71. Procedure after finality of decision. - As soon as a decision is entered, notice shall be sent to the Senate, the House of Representatives, the Commission on Elections and the Commission on Audit.

The originals of the decisions of the Tribunal shall be kept in bound form in the archives of the Tribunal. (R69)

COSTS

Rule 72. When allowed. - Costs shall be allowed to the prevailing party as a matter of course. The Tribunal shall have the power, for special reasons, to apportion the costs, as may be equitable. (R70)

SUPPLEMENTARY RULES

Rule 73. Applicability. - The following shall be applicable by analogy or in suppletory character and effect in so far as they may be applicable and are not inconsistent with these Rules and with the decisions, resolutions and orders if the Tribunal, namely:

(a) The Revised Rules of Court;

(b) Decisions of the Supreme Court; and

(c) Decisions of the Electoral Tribunal.

(R71)

AMENDMENT

Rule 74. Amendment. - The Tribunal may, at any time, amend these Rules. (R72)

EFFECTIVITY

Rule 75. Effectivity. - These Rules shall take effect fifteen (15) days after publication in a newspaper of general circulation in the Philippines. (R73a)

RULE I SCOPE

Section 1. Title and coverage. – These Rules shall be known and cited as The 2010 Rules of Procedure for Municipal Election Contests.

These Rules shall apply to election contests under the Automated Election System using the Precinct Count Optical Scan, and shall govern the filing of pleadings, practice and procedure in these contests.

Section 2. Application of the Rules of Court. – The Rules of Court shall apply to aspects of pleadings, practice and procedure in election contests not specifically provided for in these Rules.

Section 3. Explanation of terms. – For purposes of and as used in these Rules:

(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.

(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 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 to 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.

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 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

(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 law;

(iii) the petitioner’s cited ground for ineligibility or the specific acts of disloyalty to the Republic of the Philippines.

(c) An election protest shall also state:

(i) that the protestant was a candidate who had duly filed a certificate of candidacy and had been voted for the same office;

(ii) the total number of precincts in the municipality;

(iii) the protested precincts and votes of the parties are not specified, an explanation why the votes are not specified; and

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

Section 11. Raffle of cases. – The Supreme Court shall designate the Regional Trial Court within a judicial region that shall take cognizance of election protests and petitions for quo warranto. A raffle conducted by the executive judge shall determine the assignment of cases to these courts except in single-sala courts or courts specifically designated by the Supreme Court. No court shall assume jurisdiction over an election contest unless the case has been properly assigned to it as provided herein.

At least twenty-four (24) hours before the raffle, the clerk of court must serve personal notice to the parties, stating the date and time of the raffle. Proof of service to the parties shall be submitted to the court, and the raffle shall be open to the public. The Supreme Court shall issue the necessary circular implementing this proviso.

The Court may order a change of venue or place or trial for compelling reasons to avoid a miscarriage of justice.

Section 12. Summary dismissal of election contests. – The court shall summarily dismiss, motu proprio, an election protest, counter-protest or petition for quo warranto on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;

(b) The petition is insufficient in form and content as required under Section 10;

(c) The petition is filed beyond the period prescribed in these Rules;

(d) The filling fee is not paid within the period for filling the election protest or petition for quo warranto; and

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

RULE 3 SUMMONS

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 should be made for the omission.

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 on any written motion, except upon submitted proof of service on the adverse party.

Section 3. No hearings on motions. – No motion shall be set for hearing, and no oral argument shall be allowed in support of any motion, except upon the court’s express. A motion shall be deemed submitted for resolution unless the adverse party files his or her written objections within five (5) days from service. The court shall resolve a motion within (5) days from the time it is deemed submitted for resolution.

RULE 6 PROHIBITED PLEADINGS

Section 1. Prohibited pleadings and motions. – The following pleadings, motions or petitions shall not be allowed in the cases covered by these Rules:

(a) Motion to dismiss the petition, except on the ground of lack of 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 a judgment, or for reopening of trial;

(e) Petition for relief from judgment;

(f) Motion for extension of time to file pleadings, affidavits or other papers;

(g) Memoranda, except as provided under Section 7, Rule 13 of these Rules;

(h) Motion to declare the protestee or the respondent in default;

(i) Dilatory motion for postponements;

(j) Motion for the inhibition of the presiding judge, except on clearly valid grounds;

(k) Reply or rejoinder; and

(l) Third-party complaint.

Section 2. Grounds to dismiss be set up in the answer. – All grounds to dismiss an election protest or petition for quo warranto must be set up or pleased as affirmative or special defenses. Defenses not raised are deemed waived. The court may, at its discretion, hold a preliminary hearing on the grounds so pleaded.

RULE 7 FILING FEES AND CASH DEPOSITS

Section 1. Filing fees. – No protest, counter-protest or petition for quo warranto shall be accepted for filling without the payment of a filing fee in the amount of Three Thousand Pesos (P3,000.00) for every protest, counter-protest or petition for quo warranto filed.

If claims for damages and attorney’s fees are set forth in a protest or counter-protest, additional filing fees shall be paid in accordance with the schedule under Rule 141 of the Rules of Court, as amended.

Section 2. Cash deposit. –

(a) In addition to the fees prescribed in the preceding section, the protestant in an election protest requiring revision or examination of ballots, or the verification or re-tabulation of election returns, or which may require bringing copies of other election documents and paraphernalia to court, shall make a cash deposit with the court in the following amounts:

i. One Thousand Pesos (P1,000.00) for each precinct covered by the protest or counter-protest, provided that the deposit shall in no case be less than Twenty-five Thousand Pesos (P25,000.00) to be paid upon the filling of the election protest or counter-protest;

ii. Twenty-five Thousand Pesos (P25,000.00) for the cost of bringing to court and of storing and maintaining the PCOS, the consolidation machines and other automated election paraphernalia brought to court as evidence or as necessary equipment in considering the protested or counter-protested ballots;

iii. If the amount to be deposit does not exceed One Hundred Thousand Pesos (P100,000.00), the required sum shall be paid in full within ten (10) days from the filling of the protest or counter-protest; and

iv. If the required deposit shall exceed One Hundred Thousand Pesos (P100,000.00), a cash deposit in the amount of One Hundred Thousand Pesos (P100,000.00) shall be made within ten (10) days from the filling of the protest or counter-protest. The balance shall be paid in installments under the schedule the court may require after hearing the Protestant or counter-Protestant on the matter.

The cash deposit shall be applied by the court to the payment of the compensation of revisors as provided under Section 3, Rule 10 of these Rules, and of all the expenses incidental to revision, including but not limited to the cost of supplies and miscellaneous expenses of the revision committee, the cost of the production in court and the storage and maintenance of automated election equipment and paraphernalia.

When circumstances so demand (such as when the deposit has been or is about to be depleted), the court may require the payment of additional cash deposits. Any unused cash deposit shall be returned to the depositing party after the complete termination of the protest or counter-protest.

The same amount of cash deposit shall be required from the protestee (counter-protestant), should continuation of revision be ordered pursuant to paragraph 2, Section 10, Rule 10 of these Rules. Once required, the protestee (counter-protestant) shall pay the cash deposit within a non-extendible period of three days from receipt of the court’s order.

(b) Failure to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest or counter-protest.

RULE 8 PRODUCTION AND CUSTODY OF BALLOT BOXES, ELECTION DOCUMENTS, DATA STORAGE DEVICES AND PCOS MACHINES USED IN THE ELECTIONS (A)

Section 1. Issuance of precautionary protection order. – Where the allegations in a protest so warrant, the court shall order – simultaneously with the issuance of summons – the municipal treasurer and election officer concerned to take immediate and appropriate measures to safeguard the integrity of all the ballot boxes and the ballots, the lists of voters and voting records, the books of voters and other documents or paraphernalia used in the election, as well as the automated election equipment and records such as the data storage devices containing electronic data evidencing the conduct and results of elections in the contested precincts.

Section 2. When ballot boxes and election documents are brought before the court. – Within forty-eight (48) hours from receipt of an answer with counter-protest, when the allegations in an protest or counter-protest so warrant, the court shall order the ballot boxes with their keys, the PCOS and consolidation machines, the electronic data storage devices, the lists of voters and voting records, the books of voters, and other documents or paraphernalia 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

(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 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 required 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 Section 2, 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 not 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. – The revision of the votes on the ballots shall be done manually and visually and through the use of appropriate PCOS machines, according to the procedure below:

(a) On the scheduled day of revision, the following, if needed, should be in the custody of the court:

(i)the ballot boxes containing the ballots in protested and counter protested precincts; and

(ii) the data storage devices and the PCOS machines used in the precincts concerned or any other device that can be used to authenticate or assure the genuineness of the ballots;

(b) The revision committee shall initially note, before anything else, the condition of the ballot box and its locks and locking mechanism, and record this condition in the revision report. Based on this observation, the revision committee must also determine whether the integrity of the ballot box has been preserved.

(c) The ballot box shall then be opened and the ballots taken out. The "valid" ballots shall first be counted, without regard to the votes obtained by the parties. This will be followed by the counting of the torn, unused stray and rejected ballots, as classified at the polling place.

(d) The votes appearing in the election returns copy for the ballot box shall then be recorded in the minutes.

(e) Prior to the actual revision, the revision committee must authenticate each and every ballot to make sure that it was the same ballots cast and fed to the PCOS machine during the voting. The authentication shall be through the use of PCOS machines actually used during the elections in the subject precinct, or by another 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 Section 211 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 revision committees, the recount shall be done simultaneously.

(m) In the event that the revision committee determines that the integrity of the ballots and the ballot box have not been preserved, as when proof of tampering or substitution exists, it shall proceed to instruct the printing of the picture image of the ballots stored in the data storage device for the precinct. The court shall provide a non-partisan technical person who shall conduct the necessary authentication process to ensure that the data or image stored is genuine and not a substitute. Only after this determination can the printed picture image be used for the recount,

Section 7. Preparation and submission of revision report. – The committee shall prepare and submit to the court a revision report per precinct stating the following:

(a) the precinct number;

(b) the date, the place and the time of revision;

(c) the votes of the parties per physical count;

(d) the condition and the serial numbers of the following:.

(i) ballot boxes;

(ii) self-locking security metal or plastic seals (inner and outer) and padlocks of the ballot boxes;

(iii) security envelopes containing the election returns; and

(iv) numbered paper seal of the envelopes;

(e) if required, the availability of and other circumstances attendant to the PCOS machines and other automated election devices and paraphernalia used in the revision;

(f) the votes of the parties per the ballot box copy of the election returns and per the tally sheet/board found inside the ballot box;

(g) the number of ballots objected to by the parties indicating therein the exhibit numbers;

(h) the grounds of objections;

(i) the number of stray ballots;

(j) the claims on ballots with their exhibit numbers; and

(k) the entries in the Minutes of Voting and Counting, particularly:

(i) the number of registered voters;

(ii) the number of voters who actually voted;

(iii) the number of official ballots, together with their serial numbers, used in the election;

(iv) the number if ballots actually used indicating the serial numbers of the ballots; and

(v) the unused ballots together with their serial numbers.

The revision forms shall be made available prior to the revision. The per-precinct revision report shall be signed and certified by the chairperson and by the parties’ revisors, and shall form part of the records of the case.

In addition to the per-precinct revision report, the revision committee shall also prepare and submit to the court, within three days from termination of the revision, a committee report summarizing the data, votes, ballot objections and claims, and significant observations made during the revision of ballots from the protested precincts and later from the counter-protested precincts, if so conducted based on the provisions of Section 10 below. Each party furnished with a copy of the committee report may submit its comments thereon within a non-extendible period of three (3) days from notice.

Section 8. Order of revision. – Revision of ballots shall start with those from the protested precincts , subject to the provisions of Section 10 thereof.

Section 9. Inquiry as to security markings and vital information relative to ballots and election documents. – When a revision of ballots is ordered, and for the guidance of the revisors, the court shall inquire about the security markings on the ballots and the security measures used in the election documents from the Chairperson of COMELEC who shall be obliged to indicate this markings, measures and other vital information that may aid the court in determining the authenticity of the ballots and election documents. The parties shall be notified of the results of this inquiry.

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 for 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 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 surrebuttal 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 ballots objected to or claimed by the parties and the submitted electronic evidence, shall automatically form part of court records and may be adopted by the other parties as their evidence.

Section 2. Offer of evidence. – The court shall not consider any evidence that has not been formally offered. Offer of evidence shall be done orally on the last day of hearing allowed for each party after the presentation of the party’s last witness. The opposing party shall be required to immediately interpose objections to the offer. The court shall rule on the offer of evidence in open court. However, the court may, at its discretion, allow the party to make an offer of evidence in writing, which shall be submitted within three days from notice of the court’s order. If the court rejects any evidence offered, the party may make a tender of the excluded evidence.

Section 3. Reception of evidence continuous. – Reception of evidence, once commenced, shall continue from day to day, as far as practicable, until fully completed or terminated at the court’s order. In no case shall the entire period for reception of evidence exceed ten successive days for each party, from the first day reception of evidence starts, unless otherwise authorized by the Supreme Court.

Section 4. Adjournments and postponements. – No motion for postponement shall be allowed, except for clearly meritorious reasons. In no case shall the resetting of hearings have an interval exceeding three calendar days, nor shall the postponements of hearing granted to each party exceed three (3). The filing of dilatory pleadings or motions shall constitute direct contempt of court and shall be punished accordingly.

Section 5. Burden of proof. – Burden of proof is the duty of a party to present evidence of the facts in issue to establish his or her claim or defense.

Section 6. Disputable presumptions. – The following presumptions are considered as established facts, unless contradicted and overcome by other evidence:

(a) On the election procedure:

(i) The election of candidates was held on the date and at the time set and in the polling place determined by the Commission on Elections;

(ii) The Boards of Election Inspectors were duly constituted and organized;

(iii) Political parties and candidates were duly represented by pollwatchers;

(iv) Pollwatchers were able to perform their functions;

(v) The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors; and

(vi) The Audit Log contains the list of all activities performed by the PCOS machines from the time it was powered on until it was turned off.

(b) On election paraphernalia:

(i) Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections are genuine;

(ii) The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct; and

(iii) The allocation, packing and distribution of election documents or paraphernalia were properly and timely done;

(iv) The PCOS and consolidation machines and the data storage devices are all in order, and the data generated reflect the activities entered in these electronic machines and devices.

(c) On appreciation of ballots:

(i) A ballot with appropriate security markings is valid;

(ii) The ballot reflects the intent of the voter;

(iii) The ballot was properly accomplished;

(iv) A voter personally prepared one ballot, except in the case of assistors; and

(v) The exercise of one’s right to vote was voluntary and free.

Section 7. Submission of memoranda. – The court may allow the parties to submit their respective memoranda within a non-extendible period of ten (10) days from the verbal ruling of the court on the last offer of exhibits; or, if the offer was made in writing, within ten (10) days from receipt of the written ruling of the court. No supplemental, reply or rebuttal memorandum shall be allowed.

RULE 14 DECISION

Section 1. Rendition of decision. – The court shall decide the election contest within thirty (30) days from the date the case is submitted for decision, in no case beyond six (6) months after its filing, unless the Supreme Court authorizes an extension in writing. Failure to comply with this timeline shall be considered a serious offense and shall be a ground for disciplinary action against the judge. In addition, six (6) months after the submission of the case for decision, the judge shall be relieved of all duties and functions except to decide the election case.

An election protest is deemed submitted for decision after completion of the reception of evidence or, if the parties were allowed to submit memoranda, upon submission of their memoranda or the expiration of the period for their filing, whichever is earlier. In an election protest, the winner shall be the candidate who obtained the plurality of the valid votes cast.

Section 2. Form of decision in election protests. – After the termination of the revision of ballots and before rendering its decision in an election protest that involved a revision, the court shall examine and appreciate the original ballots. The court, in its appreciation of the ballots and in ruling on the parties’ claims and objections, shall observe the following rules:

(a) On marked ballots – The court must specify and point to the marking clearly indicating the voter’s intent to identify the ballot.

(b) On fake or spurious ballots, election document, machine, device or paraphernalia – The court must specify the COMELEC security markings or features that are not found in the ballot, election documents, machine, device or paraphernalia considered fake or spurious, or the operation or aspects of the machine, device or paraphernalia that 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.