21. Rules of the Electoral Tribunal of the House of Representative.pdf

Media

Part of The Lawyers Journal

extracted text: RULES OF THE ELECTORAL TR!Bl!NAL OF THE HOUSE OF REPRESENTATIVES RULE I THE l\tBETINGS SE CTION 1. Upon the designation of the Just:ces of t he ~upn·mc Court and the Members of the H ous~ of Repri..sm1tal.ives who are to compose the Electoral T1;buna\ in pursuance of section 11, Article IV of the Constitution of the Philippines, the Electoral Tribunal' shall meet for its organizatic.n and the adoption of such r<!solutions as it may deem proper. Upon the expiration of the term of the Member:.. of the House uf Representatives, who arc members of the Tribunal, and, before the designation of the new members who arc to succeed them, n.> members of the Electoral Tribunal, the O'ustices of the Supreme Court who are members of lhe Elcdornl Tribunal, sh.all co·astitiJl:: themseives ss a Division, to act on interlocutory matters that :na:v be submitt<!d lo the Tribunal, subject to the approval of the Tr!· r.unal upon its organization. SEC. 2. The Electoral Tribunal shall meet on such days and rime as it may designate Ol" at the call of the Chairman or of a majority of its Members. The presence of a majority ·,v;tl. at least one Justice shall be necessary to constitut..! a quor.lm. Jn t.he absence of the Chairman, the next senior Justice !>hell presirlf', and in the absence cf both, the Justice present wil~ take the .::hair, , in bot'• < f which cases the acting Uhairm~n shall a lsv exercise I !le powers and duties of the Chairman. Sli.:C. 3. Thf' Electoral Tribunal :rnd its divisions and cor,1. mittees sh:?.11 meet in the Session Hall of the S11p1·.~me Court !Jr at such ether plact! in the City of Manila as may be designated. When in th<'ir judgment the int('rest!J of justice require, they ma)' also hold sessions outside of l\Ianila. F or the reception of evidence or ths hearing of oral argumf'nts, a nd when deemed convenient they may meet in the Session Hall of the Supreme Court or 11t such other place as ·may be designated. Rt;LE 11 THE CHAIRMAN SECTION l. The powers a nd duties of the Ct.airman of the F.lcctoral Tribunal shall be a" follows: (a) To issue calls for the S('ssions of the Tribunal ; (b) To preside over the sessions of the 'fr1bunal ; (c) To preserve order and deco1um during the session arc!. for that purpose take such steps as may be convt!nient or as tl-e Tribunal may direct; (<f') To decide all questicms of ordn, irnbjttr to appeal by r.ny member to the Tribunal; (e) To enforce the order:>, resolutions, and ciecisions of t he Tribunal; and (f) With the rcpproval of the Electoral Trib!mal and in :'.ccordanee ·with the provisions of the Civil Service Law, to appoint f)r remove any employee of the Electoral Tribunal RULE III CONTROL OF OWN FUNCTIONS SECTION 1. The Electoral Tribunal shall have the exclu sive control, direction, an<l supervision of ail matters perlainin{; l:J its own ir.tcrnal operation. RULE JV 'fHE C L-ERK OF COURT, 8TENOGRAPHERS AND OTH F.P. EMPLOYEES SECTION 1. In addition to the Clerk of Court, Df'pu• ,y Cierks of Court and Stenrigrapht!rs, the Electoral Tribunal sh:lll h:1ve such other employees as may bC' authorized by law. SEC. 2. The Clerk of CoJrt of the E ie-ctora1 T6bunal :;h:-11 keep office at such p~ace as m:\y b:" ar.signcd to him by the T r!bunal, end shall have the followinc- duties: (a) To execute the ord".!rs. resolulions, dec;a,ions and p10cesses issued by the Elcctorn\ T ribunal; (b} To n-eeivl' and file all pleadings, and other pa~rs properly presented, endorsing on l'ach such paper tha date whe•i ;t was filed, and to atlend all uf the Session<;, of the T ribunal and enter its proceedings for tach day in a mlnutP book to be kept Ly him: (c} To ktep :\ judicial do=ket wh1.1rl'in shall bo entere<l in <'hronological order election contests a nd the proceedine-s hnd thereon ; \d) To issue under his signature and the seal of the E lt-<'· torol T ribunal the notices, onler~, resolutions :lnd dQ=isions: \V!ii--h a re to be given due course; (ll) To safely kl'ep alt rtcords, papen, filo3, exhibits, ar.o public property committed to his c.-har1:e, induding the library of the Tribunal, and the seals belonging to his .;)!fice: lf) To keep a11 account c,f th~ funds act aside for the expe11s~s of the Elector!\ I Tribunal when so directed; (g) To perform such duties as arc prescribed by law fr.r Clerks of Superior Court; (h) To keep a judgment book containing a copy of each judgment rendered by the Tribunal in the order of its date, and a book of entries of judgments containing at length in ehronolo· gical order entries of all final j udgments or orders of the CC1urt: (i) 'f o ke>1 ;p an execution book in which is recorded at leng'l.1:: in chronological order each c.xecution, and the officer's relurn theref)n, by virtue of which real property has been sold; (j) To keep such othe1· bor,ks and 1ierform such othet· duties as the Tribuual mar direct. SEC. 3. It shall be the duty of the stenographer who has attended a !:ession to deliver immediately at the c\o;;e o:' such session, all the notes he has taken, to the Clerk of Court who s:hall slc.mp the datt of receipt t he1eon, and when such notes are t ranscribed the transt:ript shall likewise be delivered to the ·cle"J"k1 dulY :nitia l:.d on each page thereof. Jt shall be the duty of the Clerk nf C.:our~ to demand that the stenographer comply with said ,rut.y. SEC. 4. Subject to t he supei-vis:ion of the Chai1man, the Clerk of Court shall be the chief of tha personnel ".l{ the Electoral fl'ibunal nmt shall be 1 ·esponsible for the faithful und proper perfot·mnnce of their official duties. RULE V THE SEAL SE CTION J. The seal of the Electoral Tribunal shall bft circular in shape and shall contain in the upper part the words " E;ect,,iaJ Tr il:ounal of the House of Representative!!," in the center, 1he coat of arrr.s of the Republic of the Philippines, anrl at 1he base, the word "Philippi.nes." RULE VI ELECTION CONTESTS SE CTION 1. Election contests shall be filed with the offic~ of the Cl~rk of Court nf t he Eiectoral T ribunal, or mailed at th~ post office as registered matter addressed to the Clerk of Cour ;.. of the E lectornl Tribunal, together with twelve legible copies thereof, within fifteen days following the proclamation of the result of the election by the provincial board of canvassers by any can•lidate votc..J foi· in said' election and who has presented a certificate of candidacy. It shnll be the duty of the Clerk of Court to serve notice and a copy of the contest "upon each respondent within five days arter the filing thereof. S E C. 2. All contests and counter contests shall be sworn tc by th'.'! parties filinc- them or their attorne.Ys. Page 350 LA WYE RS IJOURNA L Nov('mber 3(). 1901 RULE Vil ANSWERS ANO COUNTEH CONTESTS SECTI0.1\ 1. Within ten days after sc1v1ce of notice of the filing of the contest, the respondent shall file his answer thereto specifying th~ nature of his ddrnse, and se1·vc copy thereof up')n ~!tc c.::int•·stant. lf 1~·l answer is fil~l to the protest or to th.i counter-protest, within the time limits respectively fixed, a ~en l't"Bl deni:li !=hall be deemed to have been entered. A cvunter conthe Electoral· Tribunal. SEC. 2. The list of vole1·i, tho documents used in the 1>kct1a:n, ballots, ballot boxei and their keys, shall be kept and h eld ;:ecurc in the "vault" of the Electornl" Tribunal, or in such othe:piacc as may be desigiiated, in the care and custody of the Cle .. k of Court of lhc Electoral Tribunal and under thl" authority ry{ the Chairman. The rcvisic.n of the ballots by the committee on rEvision shall be made in the office of the Elect~ral Tribunal or test, 1f any, must be filed within the same period. No demun·ers at such other place as may be dE-signated by the Ghairman of the ::;hall be n~h:rlained'. Electoral Tribunal. RULE VIII REPLIES SECTION 1. Within five days after the receipt of copy of the rinswe1". the contc;;tant may file a reply. A count.n-,.ontest, if a11y, must be :mswered within ten days after the receipt of copy thereof by the contestant. RULE IX PLEADINGS SECTION 1. All other pleadings or the cor.testant Ol" tl1 e C"Ontest<'!e sht:ll be filed with the Office or the Cl~rk of Court of 1he Electoral Tribunal, togcth<'r with t.welvC' Jegibl~ copies tJ;m·cof. Any petition based on focts which ought lo be p roved shall Lti sworn to. RULE X AMENDMENTS SEC'fION 1. After th'!! perio..--1 for receiving the evidenrr: has commC'n<'ed, no amendment to the allegatio:u; affecting th•: merits of the controversy sha\j· be a1Jc,ved except when, for 'lO!"lle special reasons and because of the exigencies of the public int1•rest, the filing of such aml•ndment is perrr.itted by the Elect· eial Tribunal. Any amendment in matters ot form may be crub111ittcd at any stage of the pr;xeed'in_g-s. RULE XI FILING FEES AND BONDS SECTION 1. No contest shall be 1egistered wit.hout the payment of filing fee . in the amount of 1'50 for each contest. ShC. 2. Jn a contest or a counter-contest nryt requiring hal·!ot l'cVL>ion, the contestant or the counh:r-contestant, as the ca~e !"!lay 1*., !!hnll make a cash depc.sit in the amount .Jf P200; if a -:-cvision Of the ballots must be made, the cash deposit shall b<> in the sum of P500. The amcunt shall be depasited with the disbursing officer of the Electoral Tribunal·, unless ofoerwise specific:1lly provided, within ten <lays, after the filing of a contest or :t counter-conte8t and shall be applied to the payment of all expenses incidental to such conte!'.t or counter-contest. When the circumstances so demand, additional cash deposits may be roquired. Failure to make the cash <leposit herein provided, within lhe prescribed time limit, shall result in the automatic dismissal < f the contest or couf!ter-contest, as the case mar be, unle.s<; the T 1·ibunal shall otherwise resolve. 'RULE XII PHODUCTION ANO EXAMINATION OF ELECTION DOCUMENTS AND REVISION Ofo' BALLOTS SECTION 1. Where allegations in a contest or counter-contcs,:t so warrant, or whene,·er in the opinion of th~ Elc.-ctoral T,-;. hunal, the interest of justice so demands, it shall immed'iutely nrder the list of voters, ballot boxes and their keys, ballots 11.nrl t.lher documents used in the election to be bro:1ght before tt>e Electoral Tribunal and revised, and, for such pm·pose, it may ::..ppoint a corrilllittee on revi!!ion of ballot!<, C('lmposed of a ci>ai~·t m:i.n and two members, the appointment of wh!ch one member "and his substitute shall be propo~ed by the contr stant, and the other mem!Jcr and his sobstitu:<> shall be p1"01>0se<! h; thl' contestee, :ind fix th" cumpcnsation vf e'lch which shall r:ot excl!d fiftc>en ("Pl5) pesos fo1· every election precinct which they may ccmpictely revise ·and J"e1 >01t upon The revision of the ballot~ should be c.omp\eled within three months from the date of the ordfitr, unles~ othe1"Wi!!e dire: ted hy SEC. 3. The committee on revision shall make a statemi'r.t of th<! condition i:1 which the ball"ot boxes and their contents were found upon the opening of the same; and shall classify the b:-.1lots so examined and set fol"th clearly any objection that m:.y have been offHed to each ballot in !h1.: repc.rt ti"• be submitted by th~m. Disputed ballots shall be numbered consecutively with eel< rL•d 1lcn..:il, for IJUrJ''lSes (,f ide1oiific:ition, in the pff'sencr :u1 d under the direction of the official designated by the E lectoral Tribunal. After t-xamination, the ballots and other electirm l~Ocumcnts shall be returned to theit· respective boxes under lock. but <:isputed ballots shall be placed in a separate envclo1 >e duly :;1;aled and signed by the member of the committee which sha\"I then be returned to the box. For purposes of making said report which shall be submitted in 12 legible copies, only the preecrib:xl form D!·epared by the Tr ibunnl shall he followed. During the revision of baUots, no person other than the mel'.'lbcrs of the committee on revision of ballots and the Clerk of Court of the Electoral Tribunal or the lattei:'s nuthorized repre~entatives, and the pa1·ties, t.hcir attorneys or dui'y authorizeJ r~ prcsentativcs shall have access to the place where said revision is taking place. RULE XIII SUBPOENAS SECTlON 1. Subpoenas bha\l be il<sued by the Clerk of Court of the Electoral T ribunal to C'lmpel the attendance of witnes...c:es , who should testify before the Tribunal and may be l nforced by him 01· any of his assistants, or through the sheriff oi the province where <;uch witness reside. SEC. 2. A witness who after beinc- duly subpoenaed shall fail to appear or testify withc.ut good cause, may be tried and punished for contempt in accordance with the provision of the Rulf-:J tJf Court ir. Ille Phili11pines. RULE XIV EVIDENCE SEC'fIOr\ 1. All Cvidence :;hall be 1 ·eceived by the Electoral Tribunal sitting in bane or by a division or commit.tee thereof or by Commissioners authorized by the Tribunal. Any Division of the T1·ibuna! can designate any member thereof to act as a c.orrunittcl! of one to rea:ive evidence. Oral evidence may be received in th"' fo!"m of a deposition. The original copy of the deposition, together with twelve legible copies thereof shall be forwarded by registered mail to the Clerk of Court of the Electoral Tribunal by the off"icial who took the deposition. Unless otherwise pl'ovided, the presentation of evidence shall be terminated within ninety days from- th"' date Of the commenc001ent t hereof. RULE XV VOTING SECTION l. In pas.<;ing on all 4uestions submitted to Ha: Electo1·al T ribunal, all the M<."mbers prrsent, including the Chairman, shall vote. For the adoption of resolutions of whatever nature, the concurrence of five Members shall b<' n<>eessary. SEC. 2. During the hearings held for the i"f'cepton of e":i - Jencc, the pn•fo'iding office1 · of the Eledoral Tdburial, whether sit-ting in bane, in division, or in committee, shall decide all questions raised in connection with the examination of witn\18.!:E's and the :t-imission of evidence, and his 1 ·ulings sha1! ~ deemed as made by the Electoral Tribunal. If a Member should ask lhat a que;;tion (C'on.t111ued 11e~t JlU[!e) November 30, • 1961 LA WYERS LJOURNAL Page 351 PROFILES OF MEMBERS OF THE BENCH AND BAR J,dge CONRADO M. VASQUEZ Graduating valedictorian (C1mt ltuulc) of Uw Colleg•! <:f Law, University of the Philippines, in 1937, there was little doubt that, l'.JOMr 01 iatc1·, J udge Conrado M. Vasquez would be app.~intcd in the judiciary. F or it is in t he judicial department that our people cxpc~t and ;r·~ scholar.,;hip. It is ;ilsu lH!Cb.USC of th~ reputal\On of the Philippine judiciary for scholarship that Filipinos, to the wonder of the wo~·ld, have accepted judicial pronouncements as guiding princip:es in their way of life. The po~ition of the Philippin~ judiciary in woild law i:: unique. It is here where the way of life under the civil law of Rome and Spain merged with the Anglo Saxon law of England and America. The conflicts between civil law and Anglo Saxon law were many, often critical, hence the early demand for scholarship among the HULES OF THE ELECTORAD . (Co11tin1ted front. :mge ,151) bl: previously decided in consullation, the presiding officer shall <1ct ouly alter the matter has b~n voted upon. RULE XVI DECISIONS SECTION 1. In deciding contests, the Eledoral Tribunaj shall foliow th+, pi vt:edur~ )>rescribcJ for the Supreme Court in o;;ections 11 and 12, Article VIII of the Constitution of the Philippines, and allow any member of the Tribunal, after a matter has been de· liberatecf upon and vote taken, a period not to exceed ten <lay.:; from the date the decision is ;;igne<l by the majority within which b Jlresent a di~senting opiniCln, if su desires. His failure to do so within the period ab~vc stated, wii! authorize the Tribunal to promulgate the said decision, without prejudice to any membe;· filing any dissenting opinion subsequent to the prumdgation. SEC. 2. The de<!iaions of the Ele<!toral Tribunal shall become final ten d~ys after promulgation. The rromuli;.i.tion ;;hall be made on a <late previously fixed, of which notice shall be served in advanc.c upon the parties or their attorneys, personally O!" l1y 1·~gistered mai! or by telegram. No motion shall be Pntertained for the reop<'ning of a case except for the recon&ideration <Jf a <le<!ision under the evidence alre:i.dy of record. No party 'Tlay file m"1·c "t.hai~ one motion for reconsidc1 ·&tion, COP.V of which shall O c servod upO!L and received by the adverse party within ten days judges. Philippine judicial dezisions on this conflict are therefore studie:! .1.nt! v:tcn cited by tho:> wol'\d's b&r. The cantr of Judge Cvnra<lo M. ,Vasquez read-; like a highw:ly to the judiciary. He was born in Bifian, Laguna, 48 years agv, rnn of Castoi· Vasquez and Vicenta Moravil!a, both or Bifian. He .,-raduatcU v.:i.ledi<:tor ian of t he Bifian Elementary :-::c:~ool, 19?€ ; \·alc<lictoria11 of the U.P. Hig-h School in 1931; A.A. (C1un lr1.11d1 J Cnileg:c of Liberal Arts, U.P., in 1933; and \.'(iledictoria11 (C11111 laudc) of the U.P. College of Law in lfl37. He was admitted to the Philippine Bar the same year. He engaged in private law practice in 1937 to 1939, and ! 94'.~ : 0 1945. Jn 1939, he was appointed att(lrncy in the Dep:ll'tmcnt of Justif.!C. F rnm her<:-, he rose u11 to thC' judiciary. He was chief, legal research division, Department or J ustice, in I94G; chief, law ltivision, Department of Justice, in 1948, aml technical assiEtant to tbc·Secrefary of Justi<:e, in j951. In 1954 Judge Conrado M. Vasquez was appointed judge of the Court ~f F irst Instance of .Batangas. Jn 1960, he was cl10-se•1 •'·Provinc1e.l J udbe of the Yca1" hy the J cstice and Court Repo;-L r.; Association cf the Philippines. In l!)f:l , \J udge Vasquez wa;.; appointed lo the Cou1·t of l."i•·st Jnstnnce of Manila, Brnnch V, r.ilong with wven ether jndg•cH . He is a professo1· r.f law :n the F.E.U. Institute of Law. HI' nlso served as profrss<•r in other law cl)lkges such as the Naticual University C(lllege of Law, the Philippine Law School, and the U.E. College of Law. The opin:ons he prepare.cl in the Deprntmcnt of Ju!<tice, and the decisions he rendered in the courts of Batan~as and Manila i·•· fleet the judicial quality of a brilliant mind. He does not have any specialty in iaw, and brings to every case before him a wai·m nnd ;;~·mpathetic personality and a brilliant intellect. At age 48, Judge Vasquez is one of the youngest judges in 1 he judiciary. The path that was drawn for him in Bi flan, a!ld through the University of the Philippines and Department of Justice, keeps extending towards higher and higher responsibilities. dtt.r promulgation, who shali answer it within fh•e days aftPr lhe receipt thereof. SEC. 3. As soon as a decision becomes final, not :c~ thereof d!all be sent to the Secretary of the House of Representatives, the President of the Phliippines, and the Auditor General. The 01·i~~inals of the decisions of the Electoral Tribunal i;hall be kept ii. bound form in the files of the Tribunal. Decision::; shail l.c µd>t:sheJ in the Official Gazette and printed like the decisiurn; of the Supreme Court. RULE XVII SUPPLEMENTARY RULES SECTION I. In so far as they may be applicable and arc1 not mco11sii;tent with these rules and with the orders, resolutions and decisions of the Electoral Tribunal, the fol:owing shall l'C in force as supplementary r ules of its proceeding'S namely: (a) The Rules of Court in the Philippines; and (b) The decisions of the Supreme Court and the Rul<:.•!J of the Courts of Justice. RULt; XVIII EFFECTIVITY SECTION I. These Rules shall take effect upon its approvai und, notwithstanding the periodic dissolution (lf the Electoral Tribunal, shall be operative until amended or sµbstitutcd by a newly coHstituted E lectoral T ribunal. Adopted, Febl"uary 14, 1958. 3!i2 LA WYERS I.JOURNAL November 30, 19Gl
Date: 1961
Rights