SC approves amendments to rules on town poll cases
>> Sunday, May 15, 2022
Parish
Pastoral Council for Responsible Voting command center at the Quadricentennial
Pavilion in the University of Santo Tomas in Manila (Photo courtesy of the
PPCRV)
EDITORIAL
THE Supreme Court has
approved the interim amendments to the procedure for municipal election
contests.
The new procedure updates and consolidates the existing rules on election contests in the lower courts.
The tribunal said that the amendments "shall apply to all municipal election contests in connection with the May 9, 2022 National and Local Elections and subsequent elections."
It provides for a more efficient, expeditious and just resolution of election cases involving municipal officials.
Some of the provisions of the 2019 Amendments to the Rules of Civil Procedure in the service and filing of pleadings were incorporated, among others, as well as the judicial affidavit rule, and the use of the available electronic payment system in the payment of filing fees and other deposits.
Moreover, it also provides for an initial recount of ballots of the pilot clustered protested precincts which "shall not be less than and nearest to twenty percent (20%) of the total number of protested precincts that will best illustrate the merits of the protest."
The high court said the initial recount aims to determine if there is a substantial recovery wherein the protestant is able to recover at least 20 percent of the overall vote lead of the protestee.
"Based on the said determination, the court may dismiss the protest, without further proceedings, if no substantial recovery could be established," the tribunal said.
The amendments will take effect following its publication in two newspapers of general circulation.
The new procedure updates and consolidates the existing rules on election contests in the lower courts.
The tribunal said that the amendments "shall apply to all municipal election contests in connection with the May 9, 2022 National and Local Elections and subsequent elections."
It provides for a more efficient, expeditious and just resolution of election cases involving municipal officials.
Some of the provisions of the 2019 Amendments to the Rules of Civil Procedure in the service and filing of pleadings were incorporated, among others, as well as the judicial affidavit rule, and the use of the available electronic payment system in the payment of filing fees and other deposits.
Moreover, it also provides for an initial recount of ballots of the pilot clustered protested precincts which "shall not be less than and nearest to twenty percent (20%) of the total number of protested precincts that will best illustrate the merits of the protest."
The high court said the initial recount aims to determine if there is a substantial recovery wherein the protestant is able to recover at least 20 percent of the overall vote lead of the protestee.
"Based on the said determination, the court may dismiss the protest, without further proceedings, if no substantial recovery could be established," the tribunal said.
The amendments will take effect following its publication in two newspapers of general circulation.
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