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

Where the dispute involves real properties located in

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repealed P.D. 1508, introduced substantial changes not only in the authority appropriate Lupon;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Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now replaced a. Criminal cases where accused is under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

1
 attachment, delivery of personal property 2. Issued by the Pangkat Secretary and attested by the
and support during the pendency of the Pangkat Chairman, certifying that:
action; and
a. a confrontation of the parties took place
d. Actions which may be barred by the but no conciliation/settlement has been
Statute of Limitations. reached (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules; or
9. Any class of disputes which the President may determine in
the interest of justice or upon the recommendation of the b. that no personal confrontation took
Secretary of Justice; place before the Pangkat through no fault
of the complainant (Sec. 4[f], Rule III,
10. Where the dispute arises from the Comprehensive Katarungang Pambarangay Rules).
Agrarian Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
3. Issued by the Punong Barangay, as requested by the proper
11. Labor disputes or controversies arising from employer- party on the ground of failure of settlement where the dispute
employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; involves members of the same indigenous cultural
Art. 226, Labor Code, as amended, which grants original and community, which shall be settled in accordance with the
exclusive jurisdiction over conciliation and mediation of customs and traditions of that particular cultural community,
disputes, grievances or problems to certain offices of the or where one or more of the parties to the aforesaid dispute
Department of Labor and Employment); belong to the minority and the parties mutually agreed to
submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by
12. Actions to annul judgment upon a compromise which may
the datu or tribal leader or elder to the Punong Barangay of
be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang
459).
Pambarangay Rules); and

II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation,

4. If mediation or conciliation efforts before the Punong
as implemented by the Katarungang Pambarangay Rules and Regulations
Barangay proved unsuccessful, there having been no
promulgated by the Secretary of Justice, the certification for filing a complaint in
agreement to arbitrate (Sec. 410 [b], Revised Katarungang
court or any government office shall be issued by Barangay authorities only upon
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang
compliance with the following requirements:
Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd
1. Issued by the Lupon Secretary and attested by the Lupon par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the
Chairman (Punong Barangay), certifying that a confrontation Punong Barangay shall not cause the issuance at this stage
of the parties has taken place and that a conciliation of a certification to file action, because it is now mandatory
settlement has been reached, but the same has been for him to constitute the Pangkat before whom mediation,
subsequently repudiated (Sec. 412, Revised Katarungang conciliation, or arbitration proceedings shall be held.
Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
III. All complaints and/or informations filed or raffled to your sala/branch of the
Regional Trial Court shall be carefully read and scrutinized to determine if there

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has been compliance with prior Barangay conciliation procedure under the The court in which non-criminal cases not falling within the
Revised Katarungang Pambarangay Law and its Implementing Rules and authority of the Lupon under this Code are filed may at any
Regulations, as a pre-condition to judicial action, particularly whether the time before trial, motu proprio refer case to the Lupon
certification to file action attached to the records of the case comply with the concerned for amicable settlement.
requirements hereinabove enumerated in par. II;
Strict observance of these guidelines is enjoined. This Administrative Circular
IV. A case filed in court without compliance with prior Barangay conciliation shall be effective immediately.
which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s, Manila, Philippines. July 15, 1993.
not for lack of jurisdiction of the court but for failure to state a cause of action or
prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or
(Sgd.) ANDRES R. NARVASA
the court may suspend proceedings upon petition of any party under Sec. 1, Rule
Chief Justice
21 of the Rules of Court; and refer the case motu proprio to the appropriate
Barangay authority, applying by analogy Sec. 408 [g], 2nd par., of the Revised
Katarungang Pambarangay Law which reads as follows:

(b) The State shall provide alternative protection and assistance through foster
care or adoption for every child who is a foundling, neglected, orphaned, or
Republic of the Philippines abandoned. To this end, the State shall:
Supreme Court
Manila (i) ensure that every child remains under the care and custody of his parents and
is provided with love, care, understanding and security for the full and
A.M. No. 02-6-02-SC harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child’s extended
family is available shall adoption by an unrelated person be considered.
RULE ON ADOPTION

(ii) safeguard the biological parents from making hasty decisions in relinquishing

A. DOMESTIC ADOPTION
their parental authority over their child;

SECTION 1. Applicability of the Rule.  – This Rule covers the domestic adoption of
(iii) prevent the child from unnecessary separation from his biological parents;
Filipino children.

(iv) conduct public information and educational campaigns to promote a positive

SEC. 2. Objectives. –  (a) The best interests of the child shall be the paramount
environment for adoption;
consideration in all matters relating to his care, custody and adoption, in
accordance with Philippine laws, the United Nations (UN) Convention on the
Rights of the Child, UN Declaration on Social and Legal Principles Relating to the (v) ensure that government and private sector agencies have the capacity to
Protection and Welfare of Children with Special Reference to Foster Placement handle adoption inquiries, process domestic adoption applications and offer
and Adoption, Nationally and Internationally, and the Hague Convention on the adoption-related services including, but not limited to, parent preparation and
Protection of Children and Cooperation in Respect of Inter-country Adoption. post-adoption education and counseling;

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(vi) encourage domestic adoption so as to preserve the child’s identity and (f)”Abandoned child” refers to one who has no proper parental care or
culture in his native land, and only when this is not available shall inter-country guardianship or whose parents have deserted him for a period of at least six (6)
adoption be considered as a last resort; and continuous months and has been judicially declared as such.

(vii) protect adoptive parents from attempts to disturb their parental authority (g) “Dependent child” refers to one who is without a parent, guardian or custodian
and custody over their adopted child. or one whose parents, guardian or other custodian for good cause desires to be
relieved of his care and custody and is dependent upon the public for support.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child as (h) “Neglected child” is one whose basic needs have been deliberately not
“legally available for adoption” and his custody transferred to the Department of attended to or inadequately attended to, physically or emotionally, by his parents
Social Welfare and Development or to any duly licensed and accredited child- or guardian.
placing or child-caring agency, which entity shall be authorized to take steps for
the permanent placement of the child. (i) “Physical neglect” occurs when the child is malnourished, ill-clad and without
proper shelter.
SEC. 3. Definition of Terms. –  For purposes of this Rule:
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated,
(a) “Child” is a person below eighteen (18) years of age at the time of the filing of exploited, overworked or made to work under conditions not conducive to good
the petition for adoption. health or made to beg in the streets or public places, or placed in moral danger,
or exposed to drugs, alcohol, gambling, prostitution and other vices.
(b) “A child legally available for adoption” refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly licensed and (k) “Child-placement agency” refers to an agency duly licensed and accredited by
accredited child-placing or child-caring agency, freed of the parental authority of the Department to provide comprehensive child welfare services including, but
his biological parents, or in case of rescission of adoption, his guardian or not limited to, receiving applications for adoption, evaluating the prospective
adopter(s). adoptive parents and preparing the adoption home study report.

(c) “Voluntarily committed child” is one whose parents knowingly and willingly (1) “Child-caring agency” refers to an agency duly licensed and accredited by the
relinquish parental authority over him in favor of the Department. Department that provides 24-hour residential care services for abandoned,
orphaned, neglected or voluntarily committed children.
(d) “Involuntarily committed child” is one whose parents, known or unknown,
have been permanently and judicially deprived of parental authority over him due (m) “Department” refers to the Department of Social Welfare and Development.
to abandonment; substantial, continuous or repeated neglect and abuse; or
incompetence to discharge parental responsibilities. (n) “Deed of Voluntary Commitment” refers to the written and notarized
instrument relinquishing parental authority and committing the child to the care
(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, and custody of the Department executed by the child’s biological parents or in
guardian or relatives are unknown; or a child committed to an orphanage or their absence, mental incapacity or death, by the child’s legal guardian, to be
charitable or similar institution with unknown facts of birth and parentage and witnessed by an authorized representative of the Department after counseling
registered in the Civil Register as a “foundling.” and other services have been made available to encourage the biological parents
to keep the child.

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(o) “Child Study Report” refers to a study made by the court social worker of the SEC. 4. Who may adopt.  – The following may adopt:
child’s legal status, placement history, psychological, social, spiritual, medical,
ethno-cultural background and that of his biological family needed in determining (1) Any Filipino citizen of legal age, in possession of full civil capacity and legal
the most appropriate placement for him. rights, of good moral character, has not been convicted of any crime involving
moral turpitude; who is emotionally and psychologically capable of caring for
(p) “Home Study Report” refers to a study made by the court social worker of the children, at least sixteen (16) years older than the adoptee, and who is in a
motivation and capacity of the prospective adoptive parents to provide a home position to support and care for his children in keeping with the means of the
that meets the needs of a child. family. The requirement of a 16-year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological parent of the
(q) “Supervised trial custody” refers to the period of time during which a social adoptee or is the spouse of the adoptee’s parent;
worker oversees the adjustment and emotional readiness of both adopters and
adoptee in stabilizing their filial relationship. (2) Any alien possessing the same qualifications as above-stated for Filipino
nationals: Provided,  That his country has diplomatic relations with the Republic
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of of the Philippines, that he. has been living in the Philippines for at least three (3)
science in social work as a minimum educational requirement and who has continuous years prior to the filing of the petition’ for adoption and maintains
passed the government licensure examination for social workers as required by such residence until the adoption decree is entered, that he has been certified by
Republic Act No. 4373. his diplomatic or consular office or any appropriate government agency to have
the legal capacity to adopt in his country, and that his government allows the
adoptee to enter his country as his adopted child. Provided, further,  That the
(s) “Simulation of birth” is the tampering of the civil registry to make it appear in
requirements on residency and certification of the alien’s qualification to adopt in
the birth records that a certain child was born to a person who is not his
his country may be waived for the following:
biological mother, thus causing such child to lose his true identity and status.

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4)
(t) “Biological Parents” refer to the child’s mother and father by nature.
degree of consanguinity or affinity; or

(u) “Pre-Adoption Services” refer to psycho-social services provided by

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
professionally-trained social workers of the Department, the social services units
of local governments, private and government health facilities, Family Courts,
licensed and accredited child-caring and child-placement agencies and other (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his
individuals or entities involved in adoption as authorized by the Department. spouse a relative within the fourth (4 th) degree of consanguinity or affinity of the
Filipino spouse.
(v) “Residence” means a person’s actual stay in the Philippines for three (3)
continuous years immediately prior to the filing of a petition for adoption and (3) The guardian with respect to the ward after the termination of the
which is maintained until the adoption decree is entered. Temporary absences guardianship and clearance of his financial accountabilities.
for professional, business, health, or emergency reasons not exceeding sixty (60)
days in one (1) year does not break the continuity requirement. Husband and wife shall jointly adopt, except in the following cases:

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in (i) if one spouse seeks to adopt the legitimate chili of one spouse by the other
the Philippines and is in possession of a valid passport or travel documents and spouse; or
visa.

5
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, involuntary commitment of children, or declaration of child as abandoned,
however,  That the other spouse has signified his consent thereto; or dependent or neglected.

(iii) if the spouses are legally separated from each other. 1) If the adopter is a Filipino citizen, the petition shall allege the following:

In case husband and wife jointly adopt or one spouse adopts the illegitimate (a) The jurisdictional facts;
child of the other, joint parental authority shall be exercised by the spouses.
(b) That the petitioner is of legal age, in possession of full civil capacity and legal
SEC. 5. Who may be adopted.  – The following may be adopted: rights; is of good moral character; has not been convicted of any crime involving
moral turpitude; is emotionally and psychologically capable of caring for children;
(1)    Any person below eighteen (18) years of age who has been voluntarily is at least sixteen (16) years older than the adoptee, unless the adopter is the
committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or biological parent of the adoptee or is the spouse of the adoptee’s parent; and is
judicially declared available for adoption; in a position to support and care for his children in keeping with the means of the
family and has undergone pre-adoption services as required by Section 4
of Republic Act No. 8552.
(2) The legitimate child of one spouse, by the other spouse;

2)     If the adopter is an alien, the petition shall allege the following:
(3) An illegitimate child, by a qualified adopter to raise the status of the former to
that of legitimacy;
(a) The jurisdictional facts;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said
person has been consistently considered and treated by the adopters as their (b) Sub-paragraph 1(b) above;
own child since minority;
(c) That his country has diplomatic relations with the Republic of the Philippines;
(5) A child whose adoption has been previously rescinded; or
(d) That he has been certified by his diplomatic or consular office or any
(6) A child whose biological or adoptive parents have died: Provided,  That no appropriate government agency to have the legal capacity to adopt in his country
proceedings shall be initiated within six (6) months from the time of death of and his government allows the adoptee to enter his country as his adopted child
said parents. and reside there permanently as an adopted child; and

(7) A child not otherwise disqualified by law or these rules. (e) That he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such residence until the
adoption decree is entered.
SEC. 6. Venue.  – The petition for adoption shall be filed with the Family Court of
the province or city where the prospective adoptive parents reside.
The requirements of certification of the alien’s qualification to adopt in his
country and of residency may be waived if the alien:
SEC. 7. Contents of the Petition.  – The petition shall be verified and specifically
state at the heading of the initiatory pleading whether the petition contains an
application for change of name, rectification of simulated birth, voluntary or (i) is a former Filipino citizen who seeks to adopt a relative within the fourth
degree of consanguinity or affinity; or

6
(ii) seeks to adopt the legitimate child of his Filipino spouse; (c) The probable value and character of the estate of the adoptee.

or (d) The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry.
(iii)    is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino A certification of non-forum shopping shall be included pursuant to Section 5,
spouse. Rule 7 of the 1997 Rules of Civil Procedure.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that Sec. 8. Rectification of Simulated Birth.  – In case the petition also seeks
guardianship had been terminated and the guardian had cleared his financial rectification of a simulated of birth, it shall allege that:
accountabilities.
(a) Petitioner is applying for rectification of a simulated birth;
4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption
except if: (b) The simulation of birth was made prior to the date of effectivity of Republic
Act No. 8552 and the application for rectification of the birth registration and the
(a) one spouse seeks to adopt the legitimate child of the other, or petition for adoption were filed within five years from said date;

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse (c) The petitioner made the simulation of birth for the best interests of the
signified written consent thereto, or adoptee; and

(c) if the spouses are legally separated from each other. (d) The adoptee has been consistently considered and treated by petitioner as
his own child.
5) If the adoptee is a foundling, the petition shall allege the entries which should
appear in his birth certificate, such as name of child, date of birth, place of birth, if SEC. 9. Adoption of a foundling, an abandoned, dependent or neglected child. –  In
known; sex, name and citizenship of adoptive mother and father, and the date case the adoptee is a foundling, an abandoned, dependent or neglected child, the
and place of their marriage. petition shall allege:

6) If the petition prays for a change of name, it shall also state the cause  or (a) The facts showing that the child is a foundling, abandoned, dependent or
reason for the change of name. neglected;

In all petitions, it shall be alleged: (b) The names of the parents, if known, and their residence. If the child has no
known or living parents, then the name and residence of the guardian, if any;
(a) The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school (c) The name of the duly licensed child-placement agency or individual under
records. whose care the child is in custody; and

(b) That the adoptee is not disqualified by law to be adopted. (d) That the Department, child-placement or child-caring agency is authorized to
give its consent.

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SEC. 10. Change of name.  – In case the petition also prays for change of name, F. Decree of annulment, nullity or legal separation of the adopter as well as that
the title or caption must contain: of the biological parents of the adoptee, if any.

(a) The registered name of the child; SEC. 12. Order of Hearing.  – If the petition and attachments are sufficient in form
and substance, the court shall issue an order which shall contain the following:
(b) Aliases or other names by which the child has been known; and
(1) the registered name of the adoptee in the birth certificate and the names by
(c) The full name by which the child is to be known. which the adoptee has been known which shall be stated in the caption;

SEC. 11. Annexes to the Petition.  – The following documents shall be attached to (2) the purpose of the petition;
the petition:
(3) the complete name which the adoptee will use if the petition is granted;
A. Birth, baptismal or foundling certificate, as the case may be, and
school records showing the name, age and residence of the adoptee; (4) the date and place of hearing which shall be set within six (6) months from
the date of the issuance of the order and shall direct that a copy thereof be
B. Affidavit of consent of the following: published before the date of hearing at least once a week for three successive
weeks in a newspaper of general circulation in the province or city where the
court is situated; Provided,  that in case of application for change of name, the
1. The adoptee, if ten (10) years of age or over;
date set for hearing shall not be within four (4) months after the last publication
2. The biological parents of the child, if known, or the legal guardian, or
of the notice nor within thirty (30) days prior to an election.
the child-placement agency, child-caring agency, or the proper
government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, The newspaper shall be selected by raffle under the supervision of the Executive
if any, who are ten (10) years of age or over; Judge.
4. The illegitimate children of the adopter living with him who are ten (10)
years of age or over; and (5) a directive to the social worker of the court, the social service office of the
5. The spouse, if any, of the adopter or adoptee. local government unit or any child-placing or child-caring agency, or the
Department to prepare and submit child and home study reports before the
C. Child study report on the adoptee and his biological parents; hearing if such reports had not been attached to the petition due to unavailability
at the time of the filing of the latter; and
D. If the petitioner is an alien, certification by his diplomatic or consular office or
any appropriate government agency that he has the legal capacity to adopt in his (6) a directive to the social worker of the court to conduct counseling sessions
country and that his government allows the adoptee to enter his country as his with the biological parents on the matter of adoption of the adoptee and submit
own adopted child unless exempted under Section 4(2); her report before the date of hearing.

E. Home study report on the adopters. If the adopter is an alien or residing At the discretion of the court, copies of the order of hearing shall also be
abroad but qualified to adopt, the home study report by a foreign furnished the Office of the Solicitor General through the provincial or city
adoption agency duly accredited by the Inter-Country Adoption Board; and prosecutor, the Department and the biological parents of the adoptee, if known.

8
If a change in the name of the adoptee is prayed for in the petition, notice to the relationship. The trial custody shall be monitored by the social worker of the
Solicitor General shall be mandatory. court, the Department, or the social service of the local government unit, or the
child-placement or child-caring agency which submitted and prepared the case
SEC. 13. Child and Home Study Reports.  – In preparing the child study report on studies. During said period, temporary parental authority shall be vested in the
the adoptee, the concerned social worker shall verify with the Civil Registry the adopter.
real identity and registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility of the social The court may, motu propria  or upon motion of any party, reduce the period or
worker to register the adoptee and secure a certificate of foundling or late exempt the parties if it finds that the same shall be for the best interests of the
registration, as the case may be. adoptee, stating the reasons therefor.

The social worker shall establish that the child is legally available for adoption An alien adopter however must complete the 6-month trial custody except the
and the documents in support thereof are valid and authentic, that the adopter following:
has sincere intentions and that the adoption shall inure to the best interests of
the child. a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
In case the adopter is an alien, the home study report must show the legal
capacity to adopt and that his government allows the adoptee to enter his b) one who seeks to adopt the legitimate child of his Filipino spouse; or
country as his adopted child in the absence of the certification required under
Section 7(b) of Republic Act No. 8552.
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse the latter’s relative within the fourth (4th) degree of consanguinity or
If after the conduct of the case studies, the social worker finds that there are affinity.
grounds to deny the petition, he shall make the proper recommendation to the
court, furnishing a copy thereof to the petitioner.
If the child is below seven (7) years of age and is placed with the prospective
adopter through a pre-adoption placement authority issued by the Department,
SEC. 14. Hearing.  – Upon satisfactory proof that the order of hearing has been the court shall order that the prospective adopter shall enjoy all the benefits to
published and jurisdictional requirements have been complied with, the court which the biological parent is entitled from the date the adoptee is placed with
shall proceed to hear the petition. The petitioner and the adoptee must personally him.
appear and the former must testify before the presiding judge of the court on the
date set for hearing.
The social worker shall submit to the court a report on the result of the trial
custody within two weeks after its termination.
The court shall verify from the social worker and determine whether the
biological parent has been properly counseled against making hasty decisions
SEC. 16. Decree of Adoption.  – If the supervised trial custody is satisfactory to
caused by strain or anxiety to give up the child; ensure that all measures to
the parties and the court is convinced from the trial custody report and the
strengthen the family have been exhausted; and ascertain if any prolonged stay
evidence adduced that the adoption shall redound to the best interests of the
of the child in his own home will be inimical to his welfare and interest.
adoptee, a decree of adoption shall be issued which shall take effect as of the
date the original petition was filed even if the petitioners die before its issuance.
SEC. 15. Supervised Trial Custody.  – Before issuance of the decree of adoption,
the court shall give the adopter trial custody of the adoptee for a period of at
The decree shall:
least six (6) months within which the parties are expected to adjust
psychologically and emotionally to each other and establish a bonding

9
A. State the name by which the child is to be known and registered; SEC. 18. Confidential Nature of Proceedings and Records.  – All hearings in
adoption cases, after .compliance with the jurisdictional requirements shall be
B. Order: confidential and shall not be open to the public. All records, books and papers
relating to the adoption cases in the files of the court, the Department, or any
other agency or institution participating in the adoption proceedings shall be kept
1) the Clerk of Court to issue to the adopter a certificate of finality upon
strictly confidential.
expiration of the 15-day reglementary period within which to appeal;

If the court finds that the disclosure of the information to a third person is
2) the adopter to submit a certified true copy of the decree of adoption and the
necessary for security reasons or for purposes connected with or arising out of
certificate of finality to the Civil Registrar where the child was originally registered
the adoption and will be for the best interests of the adoptee, the court may, upon
within thirty (30) days from receipt of the certificate of finality. In case of change
proper motion, order the necessary information to be released, restricting the
of name, the decree shall be submitted to the Civil Registrar where the court
purposes for which it may be used.
issuing the same is situated.

SEC. 19. Rescission of Adoption of the Adoptee.  – The petition shall be verified

3) the Civil Registrar of the place where the adoptee was registered:
and filed by the adoptee who is over eighteen (18) years of age, or with the
assistance of the Department, if he is a minor, or if he is over eighteen (18) years
a. to annotate on the adoptee’s original certificate of birth the decree of adoption of age but is incapacitated, by his guardian or counsel.
within thirty (30) days from receipt of, the certificate of finality;
The adoption may be rescinded based on any of the following grounds
b. to issue a certificate of birth which shall not bear any notation that it is a new committed by the adopter:
or amended certificate and which shall show, among others, the following:
registry number, date of registration, name of child, sex, date of birth, place
1) repeated physical and verbal maltreatment by the adopter despite having
of birth, name and citizenship of adoptive mother and father, and the date and
undergone counseling;
place of their marriage, when applicable;

2) attempt on the life of the adoptee;

c. to seal the original certificate of birth in the civil registry records which can be
opened only upon order of the court which issued the decree of adoption; and
3) sexual assault or violence; or
d. to submit to the court issuing the decree of adoption proof of compliance with
all the foregoing within thirty days from receipt of the decree. If the adoptee is a 4) abandonment or failure to comply with parental obligations. Adoption, being in
foundling, the court shall order the Civil Registrar where the foundling was the best interests of the child, shall not be subject to
registered, to annotate the decree of adoption on the foundling certificate and a
new birth certificate shall be ordered prepared by the Civil Registrar in rescission by the adopter. However, the adopter may disinherit the adoptee for
accordance with the decree. causes provided in Article 919 of the Civil Code.

SEC. 17. Book of Adoptions.  – The Clerk of Court shall keep a book of adoptions SEC. 20. Venue. –  The petition shall be filed with the Family Court of the city or
showing the date of issuance of the decree in each case, compliance by the Civil province where the adoptee resides.
Registrar with Section 16(B)(3) and all incidents arising after the issuance of the
decree. SEC. 21. Time within which to file petition. –  The adoptee, if incapacitated, must
file the petition for rescission or revocation of adoption within five (5) years after

10
he reaches the age of majority, or if he was incompetent at the time of the SEC. 25. Repeal.  – This supersedes Rule 99 on Adoption and Rule 100 of the
adoption, within five (5) years after recovery from such incompetency. Rules of Court.

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

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

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

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

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

11
b) if married, the name of the spouse who must be joined as co-petitioner except a) Birth certificate of petitioner;
when the adoptee is a legitimate child of his spouse;
b) Marriage contract, if married, and, if applicable, the divorce decree, or
c) that he has the capacity to act and assume all rights and responsibilities of judgment dissolving the marriage;
parental authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his country; c) Sworn statement of consent of petitioner’s biological or adopted children
above ten (10) years of age;
d) that he has not been convicted of a crime involving moral turpitude;
d) Physical, medical and psychological evaluation of the petitioner certified by a
e) that he is eligible to adopt under his national law; duly licensed physician and psychologist;

f) that he can provide the proper care and support and instill the necessary moral e) Income tax returns or any authentic document showing the current financial
values and example to all his children, including the child to be adopted; capability of the petitioner;

g) that he agrees to uphold the basic rights of the child, as embodied under f) Police clearance of petitioner issued within six (6) months before the filing of
Philippine laws and the U. N. Convention on the Rights of the Child, and to abide the petitioner;
by the rules and regulations issued to implement the provisions of Republic Act
No. 8043; g) Character reference from the local church/minister, the petitioner’s employer
and a member of the immediate community who have known the petitioner for at
h) that he comes from a country with which the Philippines has diplomatic least five (5) years;
relations and whose government maintains a similarly authorized and accredited
agency and that adoption of a Filipino child is allowed under his national laws; h) Full body postcard-size pictures of the petitioner and his immediate family
and taken at least six (6) months before the filing of the petition.

i) that he possesses all the qualifications and none of the disqualifications SEC. 32. Duty of Court. –  The court, after finding that the petition is sufficient in
provided in this Rule, in Republic Act No. 8043 and in all other  applicable form and substance and a proper case for inter-country adoption, shall
Philippine laws. immediately transmit the petition to the Inter-Country Adoption Board for
appropriate action.
SEC. 31. Annexes.  – The petition for adoption shall contain the following
annexes written and officially translated in English: SEC. 33. Effectivity.  – This Rule shall take effect on August 22, 2002 following its
publication in a newspaper of general circulation

EN BANC

Republic of the Philippines A.M. No. 02-11-12-SC             March 4, 2003

SUPREME COURT
Manila RE: PROPOSED RULE ON PROVISIONAL ORDERS

12
 RESOLUTION (c) The court may likewise consider the following factors: (1) whether
the spouse seeking support is the custodian of a child whose
          Acting on the letter of the Chairman of the Committee on Revision of the circumstances make it appropriate for that spouse not to seek outside
Rules of Court submitting for this Court's consideration and approval the employment; (2) the time necessary to acquire sufficient education and
Proposed Rule on Provisional Orders, the Court Resolved to APPROVED the training to enable the spouse seeking support to find appropriate
same. employment, and that spouse's future earning capacity; (3) the-duration
of the marriage; (4) the comparative financial resources of the spouses,
including their comparative earning abilities in the labor market; (5) the
          The Rule shall take effect on March 15, 2003 following its publication in a
needs and obligations of each spouse; (6) the contribution of each
newspaper of general circulation not later than March 7, 2003
spouse to the marriage, including services rendered in home-making,
child care, education, and career building of the other spouse; (7) the
          March 4, 2003 age and health of the spouses; (8) the physical and emotional
conditions of the spouses; (9) the ability of the supporting spouse to
Davide Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, give support, taking into account that spouse's earning capacity, earned
Sandoval Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr. and and unearned income, assets, and standard of living; and (10) any other
Azcuna, JJ. factor the court may deem just and equitable.
Ynares-Santiago, on leave,
Corona, officially on leave. (d) The Family Court may direct the deduction of the provisional
support from the salary of the spouse.
RULE ON PROVISIONAL ORDERS
Section 3. Child Support. - The common children of the spouses shall be
Section 1. When Issued, - Upon receipt of a verified petition for declaration of supported from the properties of the absolute community or the conjugal
absolute nullity of void marriage or for annulment of voidable marriage, or for partnership.
legal separation, and at any time during the proceeding, the court, motu proprio
or upon application under oath of any of the parties, guardian or designated           Subject to the sound discretion of the court, either parent or both may be
custodian, may issue provisional orders and protection orders with or without a ordered to give an amount necessary for the support, maintenance, and
hearing. These orders may be enforced immediately, with or without a bond, and education of the child. It shall be in proportion to the resources or means of the
for such period and under such terms" and conditions as the court may deem giver and to the necessities of the recipient.
necessary.
          In determining the amount of provisional support, the court may likewise
Section 2. Spousal Support. - In determining support for the spouses, the court consider the following factors: (1) the financial resources of the custodial and
may be guided by the following rules: non-custodial parent and those of the child; (2) the physical and emotional health
of the child and his or her special needs and aptitudes; (3) the standard of living
(a) In the absence of adequate provisions in a written agreement the child has been accustomed to; (4) the non-monetary contributions that the
between the spouses, the spouses may be supported from the parents will make toward the care and well-being of the child.
properties of the absolute community or the conjugal partnership.
          The Family Court may direct the deduction of the provisional support from
(b) The court may award support to either spouse in such amount and the salary of the parent.
for such period of time as the court may deem just and reasonable
based on their standard of living during the marriage.

13
Section 4. Child Custody. - In determining the right party or person to whom the           The court, motu proprio or upon application under oath, may issue ex-parte
custody of the child of the parties may be awarded pending the petition, the court a hold departure order, addressed to the Bureau of Immigration and Deportation,
shall consider the best interests of the child and shall give paramount directing it not to allow the departure of the child from the Philippines without the
consideration to the material and moral welfare of the child. permission of the court.

          The court may likewise consider the following factors: (a) the agreement of           The Family Court issuing the hold departure order shall furnish the
the parties; (b) the desire and ability of each parent to foster an open and loving Department of Foreign Affairs and the Bureau of Immigration and Deportation of
relationship between the child and the other parent; (c) the child's health, safety, the Department of Justice a copy of the hold departure order issued within
and welfare; (d) any history of child or spousal abase by the person seeking twenty-four hours from the time of its issuance and through the fastest available
custody or who has had any filial relationship with the child, including anyone means of transmittal.
courting the parent; (e) the nature and frequency of contact with both parents; (f)
habitual use of alcohol or regulated substances; (g) marital misconduct; (h) the           The hold-departure order shall contain the following information:
most suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age and of
(a) the complete name (including the middle name), the date and place
sufficient discernment, unless the parent chosen is unfit.
of birth, and the place of last residence of the person against whom a
hold-departure order has been issued or whose departure from the
          The court may award provisional custody in the following order of country has been enjoined;
preference: (1) to both parents jointly; (2) to either parent taking into account all
relevant considerations under the foregoing paragraph, especially the choice of
(b) the complete title and docket number of the case in which the hold
the child over seven years of age, unless the parent chosen is unfit; (3} to the
departure was issued;
surviving grandparent, or if there are several of them, to the grandparent chosen
by the child over seven years of age and of sufficient discernment, unless the
grandparent is unfit or disqualified; (4) to the eldest brother or sister over twenty- (c) the specific nature of the case; and
one years of age, unless he or she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless unfit or disqualified; or (6) to any (d) the date of the hold-departure order.
other person deemed by the court suitable to provide proper care and guidance
for the child.           If available, a recent photograph of the person against whom a hold-
departure order has been issued or whose departure from the country has been
          The custodian temporarily designated by the" court shall give the court and enjoined should also be included.
the parents five days notice of any plan to change the residence of the child or
take him out of his residence for more than three days provided it does not           The court may recall the order. motu proprio or upon verified motion of any
prejudice the visitation rights of the parents. of the parties after summary hearing, subject to such terms and conditions as
may be necessary for the best interests of the child.
Section 5. Visitation Rights. - Appropriate visitation rights shall be provided to the
parent who is not awarded provisional custody unless found unfit or disqualified Section 7. Order of Protection. - The court may issue an Order of Protection
by the court. . requiring any person:

Section 6. Hold Departure Order. - Pending resolution of the petition, no child of (a) to stay away from the home, school, business, or place of
the parties shall be brought out of the country without prior order from the court. employment of the child, other parent or any other party, and to stay
away from any other specific place designated by the court;

14
 (b) to refrain from harassing, intimidating, or threatening such child or
the other parent or any person to whom custody of the child is
awarded;

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

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

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

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

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

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

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

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

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

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

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

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

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

15
 The Rules of Court shall apply suppletorily.

Republic of the Philippines Section 2. Petition for custody of minors; who may file.- A verified petition for the
SUPREME COURT rightful custody of a minor may be filed by any person claiming such right. The
Manila party against whom it may be filed shall be designated as the respondent.

A.M. No. 03-04-04-SC             April 22, 2003 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
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS the minor may be found.
CORPUS
IN RELATION TO CUSTODY OF MINORS Section 4. Contents of petition. - The verified petition shall allege the following:

RESOLUTION (a) The personal circumstances of the petitioner and of the respondent;

Acting on the letter of the Chairman of the Committee on Revision of the Rules of (b) The name, age and present whereabouts of the minor and his or her
Court submitting for this Court’s consideration and approval the Proposed Rule relationship to the petitioner and the respondent;
on custody of Minors and Writ of Habeas Corpus in Relation to Custody of
Minors, the Court Resolved to APPROVE the same. (c) The material operative facts constituting deprivation of custody; and

The Rule shall take effect on May 15, 2003 following its publication in a (d) Such other matters which are relevant to the custody of the minor.
newspaper of general circulation not later than April 30, 2003.
The verified petition shall be accompanied by a certificate against forum
April 22, 2003 shopping, which the petitioner must sign personally.

Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Ynares-Santiago, Sandoval- Section 5. Summons; personal service on respondent. - If the court is satisfied
Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and that the petition is sufficient in form and substance, it shall direct the clerk of
Azcuna, JJ., concur. court to issue summons, which shall be served together with a copy of the
Quisumbing, J., on official leave. 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
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS raised as an affirmative defense in the answer.
IN RELATION TO CUSTODY OF MINORS
Section 7. Verified Answer. - The respondent shall file an answer to the petition,
SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors personally verified by him, within five days after service of summons and a copy
and writs of habeas corpus in relation thereto. of the petition.

1
Section 8. Case study; duty of social worker. - Upon the filing of the verified Failure to file the pre-trial brief or to comply with its required contents shall have
answer or the expiration of the period to file it, the court may order a social the same effect as failure to appear at the pre-trial.
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- Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails to
trial. 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
Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of the non-appearance of the petitioner.
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 (b) If the respondent has filed his answer but fails to appear at the pre-trial, the
and serve their respective pre-trial briefs in such manner as shall ensure receipt petitioner shall be allowed to present his evidence ex parte. The court shall then
thereof by the adverse party at least three days before the date of pre-trial; and render judgment on the basis of the pleadings and the evidence thus presented.
(3) requiring the respondent to present the minor before the court.
Section 12. What may be done at pre-trial. - At the pre-trial, the parties may agree
The notice of its order shall be served separately on both the parties and their on the custody of the minor. If the parties fail to agree, the court may refer the
respective counsels. The pre-trial is mandatory. 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
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the with the pre-trial conference, on which occasion it shall consider such other
following: matters as may aid in the prompt disposition of the petition.

(a) A statement of the willingness of the parties to enter into Section 13. Provisional order awarding custody. - After an answer has been filed
agreements that may be allowed by law, indicating its terms; 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
(b) A concise statement of their respective claims together with the preference shall be observed in the award of custody:
applicable laws and authorities;
(a) Both parents jointly;
(c) Admitted facts and proposed stipulations of facts;
(b) Either parent, taking into account all relevant considerations,
(d) The disputed factual and legal issues; especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;
(e) All the evidence to be presented, briefly stating or describing its
nature and purpose; (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
(f) The number and names of the witnesses and their respective
disqualified;
affidavits which shall serve as the affiant's testimony on direct
examination; and
(d) The eldest brother or sister over twenty-one years of age, unless he
or she is unfit or disqualified;
(g) Such other matters as the court may require to be included in the
pre-trial brief.

2
 (e) The actual custodian of the minor over twenty-one years of age, (h) The most suitable physical, emotional, spiritual, psychological and
unless the former is unfit or disqualified; or educational environment for the holistic development and growth of the
minor; and
(f) Any other person or institution the court may deem suitable to
provide proper care and guidance for the minor. (i) The preference of the minor over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
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 Section 15. Temporary visitation rights. - The court shall provide in its order
consideration to his material and moral welfare. The best interests of the minor awarding provisional custody appropriate visitation rights to the non-custodial
refer to the totality of the circumstances and conditions as are most congenial to parent or parents, unless the court finds said parent or parents unfit or
the survival, protection, and feelings of security of the minor encouraging to his disqualified.
physical, psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and development of The temporary custodian shall give the court and non custodial parent or parents
the minor. 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 court shall also consider the following: the visitation rights of the non-custodial parent or parents.

(a) Any extrajudicial agreement which the parties may have bound Section 16. Hold Departure Order. - The minor child subject of the petition shall
themselves to comply with respecting the rights of the minor to not be brought out of the country without prior order from the court while the
maintain direct contact with the non custodial parent on a regular basis, petition is pending.
except when there is an existing threat or danger of physical, mental,
sexual or emotional violence which endangers the safety and best The court, motu proprio or upon application under oath, may issue ex parte a hold
interests of the minor; departure order, addressed to the Bureau of Immigration and Deportation,
directing it not to allow the departure of the minor from the Philippines without
(b) The desire and ability of one parent to foster an open and loving the permission of the court.
relationship between the minor and the other parent;
The Family Court issuing the hold departure order shall furnish the Department of
(c) The health, safety and welfare of the minor; Foreign Affairs and the Bureau of Immigration and Deportation of the
Department of Justice a copy of the hold departure order within twenty-four
(d) Any history of child or spousal abuse by the person seeking custody hours from its issuance and through the fastest available means of transmittal.
or who has had any filial relationship with the minor, including anyone
courting the parent; The hold departure order shall contain the following information:

(e) The nature and frequency of contact with both parents; (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
(f) Habitual use of alcohol, dangerous drugs or regulated substances; against whom a hold departure order has been issued or whose
departure from the country has been enjoined;
(g) Marital misconduct;

3
 (b) The complete title and docket number of the case in which the hold Section 18. Judgment. - After trial, the court shall render judgment awarding the
departure order was issued; custody of the minor to the proper party considering the best interests of the
minor.
(c) The specific nature of the case;
If it appears that both parties are unfit to have the care and custody of the minor,
(d) The date of the hold departure order; and 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.
(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. 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
The court may recall the hold departure order motu proprio, or upon verified
may consider the following factors: (1) the financial resources of the custodial
motion of any of the parties after summary hearing, subject to such terms and
and non-custodial parent and those of the minor; (2) the physical and emotional
conditions as may be necessary for the best interests of the minor.
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
Section 17. Protection Order. - The court may issue a Protection Order requiring parents would make toward the care and well-being of the minor.
any person:
The court may also issue any order that is just and reasonable permitting the
(a) To stay away from the home, school, business, or place of parent who is deprived of the care and custody of the minor to visit or have
employment of the minor, other parent or any other party, or from any temporary custody.
other specific place designated by the court;
Section 19. Appeal. - No appeal from the decision shall be allowed unless the
(b) To cease and desist from harassing, intimidating, or threatening appellant has filed a motion for reconsideration or new trial within fifteen days
such minor or the other parent or any person to whom custody of the from notice of judgment.
minor is awarded;
An aggrieved party may appeal from the decision by filing a Notice of Appeal
(c) To refrain from acts of commission or omission that create an within fifteen days from notice of the denial of the motion for reconsideration or
unreasonable risk to the health, safety, or welfare of the minor; new trial and serving a copy thereof on the adverse parties.

(d) To permit a parent, or a party entitled to visitation by a court order or Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of
a separation agreement, to visit the minor at stated periods; 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
(e) To permit a designated party to enter the residence during a belongs.
specified period of time in order to take personal belongings not
contested in a proceeding pending with the Family Court; and 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
(f) To comply with such other orders as are necessary for the shall refer the case to the Family Court as soon as its presiding judge returns to
protection of the minor. duty.

4
The petition may also be filed with the appropriate regular courts in places where REYNATO S. PUNO
PORTUGAL CATRAL
there are no Family Courts. Chief Justice
PEREZ MENDOZA
Associate Associate
The writ issued by the Family Court or the regular court shall be enforceable in Justice Justice
ANTONIO T. RENATO C.
the judicial region where they belong.
CARPIO CORONA
Associate Associate
The petition may likewise be filed with the Supreme Court, Court of Appeals, or Justice Justice
with any of its members and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made returnable to a Family Court PRESBITER 2010 RULES OF PROCEDURE FOR
or to any regular court within the region where the petitioner resides or where the CONCHITA MUNICIPAL ELECTION CONTESTS
O J.
minor may be found for hearing and decision on the merits. CARPIO
VELASCO,
MORALES
JR. RULE I
Associate
Upon return of the writ, the court shall decide the issue on custody of minors. The Associate SCOPE
Justice
appellate court, or the member thereof, issuing the writ shall be furnished a copy Justice
of the decision. Section 1. Title and coverage. –
ANTONIO TERESITA J. These Rules shall be known and
Section 21. Confidentiality of proceedings. - The hearings on custody of minors EDUARDO B. LEONARDO- cited as The 2010 Rules of
may, at the discretion of the court, be closed to the public and the records of the NACHURA DE CASTRO Procedure for Municipal Election
case shall not be released to non-parties without its approval. Associate Associate Contests.
Justice Justice
Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its These Rules shall apply to election
publication in a newspaper of general circulation not later than April 30, 2003. DIOSDADO contests under the Automated
ARTURO D.
M. Election System using the Precinct
BRION
PERALTA Count Optical Scan, and shall
Acting on the recommendation of Associate
Associate govern the filing of pleadings,
the Chairman and Members of the Justice
Justice practice and procedure in these
Republic of the Philippines Sub-committee on Internal Rules,
the Court RESOLVED to APPROVE contests.
SUPREME COURT MARIANO C.
Manila the "2010 Rules of Procedure in LUCAS P.
DEL
Election Contests before the Courts BERSAMIN Section 2. Application of the Rules
CASTILLO
Involving Elective Municipal Associate of Court. – The Rules of Court shall
A.M. No. 10-4-1-SC               Associate
Officials." Justice apply to aspects of pleadings,
Justice
practice and procedure in election
2010 RULES OF PROCEDURE IN contests not specifically provided
These Rules shall take fifteen (15)
ELECTION CONTESTS BEFORE MARTIN S.
days after their publication in ROBERTO A. for in these Rules.
THE COURTS INVOLVING VILLARAMA
newspaper of general circulation in ABAD
ELECTIVE MUNICIPAL OFFICIALS , JR.
the Philippines. Associate Section 3. Explanation of terms. –
Associate
Justice For purposes of and as used in
Justice
RESOLUTION these Rules:
April 27, 2010.
JOSE JOSE

5
(a) Courts – refers to the the scanner to be (h) Electronic Election (k) Canvass proceedings
Regional Trial Court; counted; Return – refers to the – refers to the
copy of the election return proceedings that involve
(b) Election – means the (e) Official ballot – refers in electronic form, the consolidation of
choice or selection of to the paper ballot, generated by the PCOS precinct election results
candidates for public capable of being optically machine, that is at the municipal level. The
office by popular vote scanned, with the pre- electronically transmitted term also includes the
through the use of the printed names of all to: (1) the Municipal formal proclamation of
ballot. Specifically, it candidates and with ovals Board of Canvassers for the election winners at
covers the conduct of the corresponding to each of the official canvass; (2) the municipal level.
polls, including the listing the printed names. The the COMELEC Back-Up
of voters, the holding of ovals are the spaces Server; (3) the server for (l) Consolidation machine
the electoral campaign, where voters express the dominant majority – refers to the machine
the casting and counting their choice through party; (4) the server for used during the canvass
of ballots, the marking or shading using dominant minority party; proceedings to
consolidation and a COMELEC-provided (5) server for the citizen’s consolidate at every
transmission of results, marking pen. arm authorized by the canvass level.
and the canvassing of the COMELEC to conduct a
returns; parallel count; and (6) the
(f) Picture Image of the (m) Statement of Votes
Kapisanan ng mga
Ballot – refers to the by Precinct, Municipality,
Broadcaster sa Pilipinas
(c) Automated Election image of the ballot City, District, Province, or
or KBP.
System or AES – refers to captured by the PCOS Overseas Absentee
an election system using machine at the time the Voting (OAV) Station -–
the technology voter feeds his/her ballot, (i) Printed Election Return refers to a document in
designated by the which image is later – refers to the copy of the electronic and in printed
Commission on Elections stored in a memory or election return printed by form generated by
(COMELEC) for voting, removable data storage the PCOS machine on consolidation machines
counting, consolidating, device attached to the paper, and authenticated or by computers during
canvassing, transmission PCOS machines. by the manual signatures the canvass proceedings.
of election results, and and thumbmarks of the This document records
the returns; Board of Election the votes obtained by
(g) Election Return –
Inspectors (BEI) candidates in each
refers to the document
members. precinct, municipality, city,
(d) Precinct Count Optical showing the date of the
Scan or PCOS – refers to election, the province, city, district, province, or OAV
the machine as well as municipality and the (j) Electronic transmission Station, as the case may
the technology using an precinct where voting is – refers to the act of be.
optical ballot scanner, held, and the number of conveying data in
located in every precinct, votes in figures for each electronic form from one (n) Municipal Certificate
that scans or reads paper candidate in a precinct or location to another. of Canvass – refers to the
ballots that voters mark in clustered precincts. document in electronic
by hand and insert into and in printed form,

6
containing the total votes custody that likewise ballots or the electronic returns, not otherwise
in figures obtained by stores authentic copies of the election classified as a pre-
each candidate in the electronic copies of data. returns, the statements of proclamation controversy
municipality the votes, the certificates of cognizable by the
electronic form of which (q) Audit Log – refers to canvass, the audit log, COMELEC. The issue is
is the official canvass the electronic document, and other electronic data who obtained the plurality
result in the municipality stored in the PCOS processed by the PCOS of valid votes cast.
electronically-transmitted machine’s data storage and consolidation
to a higher canvass level. device, containing the list machines. (v) Quo Warranto under
of all activities the PCOS the Omnibus Election
(o) Certificate of Canvass machine performs from (s) Manual count of Code – refers to an
and Proclamation – refers the time that it is powered ballots – where voting election contest involving
to the official document in on until it is turned off. using the AES ballots the qualifications for
printed form, containing proceeded manually office of an elective
the names of all (r) Electronic document – because the PCOS municipal official, on the
candidates who obtained refers to the record of machines could not be ground of ineligibility or
the highest number of information or the used, votes shall be disloyalty to the Republic
votes in a particular representation of counted manually under of the Philippines. The
municipality and information, data, figures, the guidelines provided by issue is whether the
certifying to these symbols or other modes the COMELEC, and the respondent possesses all
candidates’ proclamation of written expression, courts shall be guided the qualifications and
as winners. described or however accordingly. none of the
represented, by which a disqualifications
(p) Data Storage Device – fact may be proved and (t) Election contests – prescribed by law.
refers to the device that affirmed, which is refers to election protests
stores electronic received, recorded, or petitions for quo (w) Revision of ballots –
documents from where transmitted, stored, warranto. refers ton the recount of
data may be obtained processed, retrieve or ballots through their
when necessary to verify produced electronically. It (u) Election protest – physical count; the
the accuracy and includes digitally-signed refers to an election segregation of ballots for
correctness of election documents and any contest involving the the protestant, the
data. The data storage printout or output, election and returns of protestee and other
device used in a PCOS readable by sight or other municipal elective candidates for the same
shall be under the custody means, that accurately officials, grounded on position and the recording
and direct responsibility reflects the electronic fraud or irregularities of the objections and
of the election officer document. committed in the conduct claims to these ballots.
after completion of the of the elections, i.e., in the
voting process. A data For purposes of these casting and the counting
storage device includes Rules, an electronic of the ballots, in the
the back-up storage document refers to either consolidation of votes
device under COMELEC the picture image of the and in the canvassing of

7
 (x) Promulgation – refers petition for quo warranto against the election contained in the non-forum shopping, which must
to the process of officially an elective municipal official. An Statement of Votes by Precinct. be annexed to the election protest
issuing the court’s election protest or a petition for The party filing the protest shall be or petition for quo warranto.
decision or order in an quo warranto shall be filed directly designated as the protestant; the
election contest. with the court in three legible adverse party shall be known as the An unverified or insufficiently
copies plus such number of copies protestee. verified petition or one that lacks a
Section 4. Inherent powers of the corresponding to the number of certificate of non-forum shopping
court. – A regional trial court acting protestees or respondents. Each contest shall refer exclusively shall be dismissed outright and
on an election contest shall have all to one office; however, contests for shall not suspend the running of
the inherent powers of a court An election protest shall not include offices of the Sangguniang Bayan the required period for the filing of
provided under Rule 135 of the a petition for quo warranto, nor may be consolidated in one case. an election protest or petition for
Rules of Court, including the power shall a petition for quo warranto quo warranto.
to issue auxiliary writs, processes, include an election protest. Section 5. Quo warranto. – A
and other means necessary to carry petition for quo warranto against Section 7. Period to file protest or
its authority or jurisdiction into Section 3. Modes of service and an elective municipal official shall petition; non-extendible. – The
effect and to adopt suitable filing. – Service and filing of be filed with the proper Regional election protest or petition for quo
processes not expressly provided pleadings, including the initiatory Trial Court by any registered voter warranto shall be filed within a non-
by, but conformable with, law, these petition and other subsequent who voted in the municipal extendible period of ten (10) days
Rules, or the Rules of Court. papers, shall be done personally. election. The party filing the petition counted from the date of
Except for papers emanating from shall be designated as the proclamation.
Section 5. Construction. – The the court, resort to other modes of petitioner; the adverse party shall
Rules shall be liberally constructed service must be accompanied by a be known as the respondent. Section 8. Pendency of pre-
to achieve a just, expeditious, and written explanation why the service proclamation controversy. – The
inexpensive determination and or filing was not done personally. A Section 6. Petition must be verified pendency of a pre-proclamation
disposition of municipal election pleading or motion violating this and accompanied by a certificate of controversy, involving the validity of
contests. Rule shall be considered not to non-forum shopping. – An election the proclamation as defined by law,
have been filed.1avvphi1 protest or a petition for quo shall suspend the running of the
RULE 2 warranto shall be verified by an period for the filing of an election
ELECTION CONTESTS Section 4. Election protest. – A affidavit stating that the affiant has protest or petition for quo warranto.
petition contesting the election or read the petition and that its
Section 1. Jurisdiction of regional returns for an elective municipal allegations are true and correct of Section 9. COMELEC judgment in
trial courts. – Regional trial courts office shall be filed with the proper the affiant’s own knowledge or disqualification case. – The
shall have exclusive original Regional Trial Court by an based on authentic records. A decision of the COMELEC, either en
jurisdiction over all election candidate who was voted for the verification based on "information banc or in division, in a
contests involving municipal same office and who received the and belief" or upon "knowledge, disqualification case shall not be a
officials. second or third-highest number of information and belief" is not bar to the filing of a petition for quo
votes or, in a multi-slot position, sufficient. warranto based on the same
was among the next four ground, except when the Supreme
Section 2. How initiated. – An
candidates following the last- The protestant or petitioner shall Court has affirmed the COMELEC
election contest is initiated by the
ranked winner duly proclaimed, as sign personally the certificate of decision.
filing of an election protest or a
reflected in the official results of

8
Section 10. Contests of the protest prescribed by (iv) a detailed compelling reasons to avoid a
or petition. – (a) An election protest law; specification of miscarriage of justice.
or petition for quo the acts or
warranto shall commonly and (iii) the omissions Section 12. Summary dismissal of
specifically state the following petitioner’s cited complained of election contests. – The court shall
facts: ground for showing the summarily dismiss, motu proporio,
ineligibility or electoral frauds, an election protest, counter-protest
(i) the position the specific acts anomalies or or petition for quo warranto on any
involved; of disloyalty to irregularities in of the following grounds:
the Republic of the protested
the Philippines. precincts.
(ii) the date of (a) The court has no
proclamation; jurisdiction over the
and (c) An election protest Section 11. Raffle of cases. – The subject matter;
shall also state: Supreme Court shall designate the
Regional Trial Court within a judicial
(iii) the number (b) The petition is
region that shall take cognizance of
of votes (i) that the insufficient in form and
election protests and petitions for
credited to the protestant was content as required under
quo warranto. A raffle conducted by
parties per the a candidate who Section 10;
the executive judge shall determine
proclamation. had duly filed a
the assignment of cases to these
certificate of (c) The petition is filed
courts except in single-sala courts
(b) A quo warranto candidacy and beyond the period
or courts specifically designated by
petition shall also state: had been voted prescribed in these Rules;
the Supreme Court. No court shall
for the same
assume jurisdiction over an
office;
(i) if the election contest unless the case (d) The filling fee is not
petitioner is not has been properly assigned to it as paid within the period for
a candidate for (ii) the total provided herein. filling the election protest
the same number of or petition for quo
municipal precincts in the warranto; and
At least twenty-four (24) hours
position, the municipality;
before the raffle, the clerk of court
facts giving the must serve personal notice to the (e) In a protest case
petitioner (iii) the parties, stating the date and time of where cash deposit is
standing to file protested the raffle. Proof of service to the required, the deposit is
the petition; precincts and parties shall be submitted to the not paid within five (5)
votes of the court, and the raffle shall be open days from the filling of the
(ii) the parties are not to the public. The Supreme Court protest.
qualifications specified, an shall issue the necessary circular
for the explanation why implementing this proviso. RULE 3
municipal office the votes are
SUMMONS
and the not specified;
The Court may order a change of
disqualifications and
venue or place or trial for

9
Section 1. Summons. – Within Section 3. By whom served. – The should be made for the Section 4. Effect of failure to
twenty-four (24) hours from the summons shall be served by a omission.1avvphi1 plead. –
filling of a protest or petition, the sheriff, a deputy sheriff, a process
clerk of court shall issue the server or any other suitable person Section 2. Answer to counterclaim (a) Defenses and
corresponding summons to the authorized by the court issuing the or counter-protest. – The protestant objections not pleaded. –
protestee or to the respondent, summons. or petitioner shall answer the Defenses and objections
together with a copy of the protest counterclaim or counter-protest not pleaded are deemed
or petition, requiring the filling of an RULE 4 within a non-extendible period of waived. The court shall
answer within a non-extendible ANSWER AND COUNTER- five (5) days from notice. dismiss the claim when it
period of five days from notice. PROTEST appears from the
Section 3. Allegations in the pleadings or the evidence
Section 2. Service of summons. – Section 1. Verified answer; counter- answer. – on record that (1) the
The summons shall be served by protest. – Within five (5) days from court has no jurisdiction
handing copies of the summons receipt of the summons and the over the subject matter; or
(a) Specific denial. – A
and of the protest or the petition to copy of the protest or petition, the (2) there is another action
protestee or respondent
the protestee or the respondent in protestee or the respondent shall pending between the
must specify each
person or, in case of the protestee’s file an answer in three (3) legible same parties for the same
material allegation of fact
or the respondent’s refusal to copies, with proof of service of a cause; or (3) the action is
whose truth he or she
receive and sign these copies, by copy on the protestant or the barred by a prior
does not admit; whenever
tendering them to him or her. petitioner. judgement or by the
practicable, he or she
statute of limitations.
shall set forth the
If, for justifiable causes, the The answer shall be verified and substance of the matters
protestee or the respondent cannot may set forth admissions and upon to support the (b) Compulsory
be served in person as provided denials, special and affirmative denial. The protestee or counterclaim or cross-
above, service may be effected by defenses, and a compulsory respondent shall specify claim not set up barred. –
leaving copies of the summons and counterclaim. The protestee may the averments that are A compulsory
the protest or the petition at: incorporate a counter-protest in the true and material, and counterclaim or a cross-
answer. shall deny the rest. claim not set up shall be
(a) The protestee’s or the barred.
respondent’s residence, The counter-protest shall specify (b) Allegations not specify
with a person of suitable the counter-protested precincts and denied deemed (c) Effect of failure to
age and discretion the parties’ votes per the Statement admitted. – Material answer. – If the protestee
residing therein, or of Votes by Precinct and, in the averments in the protest or the respondent fails to
proper case, a detailed or petition, other than the answer within the time
(b) The protestee’s or the specification of the acts or amount of unliquidated allowed in an election
respondent’s office or omissions complained of as damages and issues on protest that does not
regular place of business, electoral fraud, anomalies or the appreciation of involve ballot revision or
with a competent person irregularities in the counter- ballots, shall be deemed in a petition for quo
in charge thereof. protested precincts; if the votes are admitted when not warranto, the court –
not so specified, an explanation specifically denied. upon motion of the
Protestant or the

10
 petitioner, with notice to performance included. If the last on any written motion, except upon a judgment, or for
the protestee or the day of the period, as so computed, submitted proof of service on the reopening of trial;
respondent, and upon falls on a Saturday, a Sunday, or a adverse party.
proof of such failure – legal holiday in the place where the (e) Petition for relief from
shall proceed to render court sits, time shall not run until Section 3. No hearings on judgment;
judgment granting the the next working day. motions. – No motion shall be set
relief prayed for on the for hearing, and no oral argument (f) Motion for extension
basis of the allegations of Section 6. Amendments; shall be allowed in support of any of time to file pleadings,
the verified protest or limitations. – After the expiration of motion, except upon the court’s affidavits or other papers;
petition, unless the court the period for the filling of an express. A motion shall be deemed
in its discretion opts to election protest, counter-protest or submitted for resolution unless the
require the protestant or (g) Memoranda, except as
petition for quo warranto, adverse party files his or her written
the petitioner to submit provided under Section 7,
substantial amendments that objections within five (5) days from
evidence ex parte. Rile 13 of these Rules;
broaden the scope of the action or service. The court shall resolve a
introduce an additional cause of motion within (5) days from the
Where the election protest involves action may be allowed only upon time it is deemed submitted for (h) Motion to declare the
revision or examination of ballots leave of court. Leave of court may resolution. protestee or the
or the verification or re-tabulation be refused if the motion for leave respondent in default;
of the election returns, the court appears to the court to be intended RULE 6
shall issue the appropriate order for delay. Any amendment in PROHIBITED PLEADINGS (i) Dilatory motion for
and shall proceed to render matters of form – such as a defect postponements;
judgment based on the results of in the designation of the parties
Section 1. Prohibited pleadings and
the revision, examination, and other clearly clerical or (j) Motion for the
motions. – The following pleadings,
verification or re-tabulation. During typographical errors – may inhibition of the presiding
motions or petitions shall not be
these proceedings, only the summarily corrected by the court at judge, except on clearly
allowed in the cases covered by
protestant’s revisors may any stage of the proceedings, at its valid grounds;
these Rules:
participate. The protestee, or his or initiative or on motion, provided the
her duly authorized representative, correction does not prejudice the
(a) Motion to dismiss the (k) Reply or rejoinder; and
has the right to be present and to adverse party.
observe the proceedings, without petition, except on the
the right to object and to lay claim ground of lack of (l) Third-party complaint.
RULE 5
to ballots and election returns. jurisdiction over the
MOTIONS
subject matter;
Section 5. How to compute time. – Section 1. Motions must be in
In computing any period of time (b) Motion for a bill of
writing. – All motions shall be in
prescribed or allowed by these particulars;
writing, except for those made in
Rules, by order of the court or by open court.
any applicable statute, the day of (c) Demurrer to evidence;
the act or the event marking the
Section 2. Proof of service
start when time begins to run is to (d) Motion for new trial, or
necessary. – The court shall not act
be excluded and the date of for the reconsideration of

11
Section 2. Grounds to dismiss be tabulation of election other automated Pesos
set up in the answer. – All grounds returns, or which may election (P100,000.00)
to dismiss an election protest or require bringing copies of paraphernalia shall be made
petition for quo warranto must be other election documents brought to court within ten (10)
set up or pleased as affirmative or and paraphernalia to as evidence or days from the
special defenses. Defenses not court, shall make a cash as necessary filling of the
raised are deemed waived. The deposit with the court in equipment in protest or
court may, at its discretion, hold a the following amounts: considering the counter-protest.
preliminary hearing on the grounds protested or The balance
so pleaded. i. One Thousand counter- shall be paid in
Pesos protested installments
RULE 7 (P1,000.00) for ballots; under the
FILING FEES AND CASH DEPOSITS each precinct schedule the
covered by the iii. If the amount court may
protest or to be deposit require after
Section 1. Filling fees. – No protest,
counter-protest, does not exceed hearing the
counter-protest or petition for quo
provided that One Hundred Protestant or
warranto shall be accepted for
the deposit shall Thousand counter-
filling without the payment of a
in no case be Pesos Protestant on
filling fee in the amount of Three
less than (P100,000.00), the matter.
Thousand Pesos (P3,000.00) for
every protest, counter-protest or Twenty-five the required
petition for quo warranto filed. Thousand sum shall be The cash deposit shall be
Pesos paid in full applied by the court to the
(P25,000.00) to within ten (10) payment of the
If claims for damages and
be paid upon the days from the compensation of revisors
attorney’s fees are set forth in a
filling of the filling of the as provided under Section
protest or counter-protest,
election protest protest or 3, Rule 10 of these Rules,
additional filling fees shall be paid
or counter- counter-protest; and of all the expenses
in accordance with the schedule
protest; and incidental to revision,
under Rule 141 of the Rules of
including but not limited
Court, as amended.
ii. Twenty-five iv. If the to the cost of supplies
Thousand required deposit and miscellaneous
Section 2. Cash deposit. – expenses of the revision
Pesos shall exceed
(P25,000.00) for One Hundred committee, the cost of
(a) In addition to the fees the cost of Thousand the production in court
prescribed in the bringing to court Pesos and the storage and
preceding section, the and of storing (P100,000.00), a maintenance of
protestant in an election and maintaining cash deposit in automated election
protest requiring revision the PCOS, the the amount of equipment and
or examination of ballots, consolidation One Hundred paraphernalia.
or the verification or re- machines and Thousand

12
 When circumstances so BALLOT BOXES, ELECTION involved in the protest or counter- Elections) with preferential rights of
demand (such as when DOCUMENTS, protest, to be brought before it. custody and revision in
the deposit has been or is DATA STORAGE DEVICES AND simultaneous protests under
about to be depleted), the PCOS MACHINES USED IN THE The court shall notify the parties of COMELEC Resolution No. 2812
court may require the ELECTIONS (A) the date and time of retrieval and dated 17 October 1995, the court
payment of additional transfer from their respective shall coordinate with and make the
cash deposits. Any Section 1. Issuance of custodians of the ballot boxes, the appropriate request with the higher
unused cash deposit shall precautionary protection order. – PCOS and consolidation machines tribunals for the temporary prior
be returned to the Where the allegations in a protest (if necessary), the electronics data custody of ballot boxes, PCOS
depositing party after the so warrant, the court shall order – storage devices and all other machines, electronic data storage
complete termination of simultaneously with the issuance automated election documents and devices and other election
the protest or counter- of summons – the municipal paraphernalia. The parties may documents and paraphernalia, or
protest. treasurer and election officer send representatives to witness the for the synchronization of revision
concerned to take immediate and retrieval and transfer. The absence, activities.
The same amount of cash appropriate measures to safeguard however, of a representative of a
deposit shall be required the integrity of all the ballot boxes party shall not be reason to The expenses necessary and
from the protestee and the ballots, the lists of voters postpone or delay the retrieval or incidental to the production in court
(counter-protestant), and voting records, the books of transfer of the above-mentioned of the ballot boxes and election
should continuation of voters and other documents or equipment, devices and election documents and the production,
revision be ordered paraphernalia used in the election, documents. storage and maintenance of PCOS
pursuant to paragraph 2, as well as the automated election machines, data storage devices,
Section 10, Rule 10 of equipment and records such as the The court, at its discretion, may and automated election
these Rules. Once data storage devices containing seek the assistance of the paraphernalia and documents shall
required, the protestee electronic data evidencing the Philippine National Police (PNP) or be shouldered and promptly paid by
(counter-protestant) shall conduct and results of elections in the Armed Forces of the Philippines the protestant and counter-
pay the cash deposit the contested precincts. in ensuring the safe delivery of the protestant in proportion to the
within a non-extendible ballot boxes and the election precincts covered by their protects
period of three days from Section 2. When ballot boxes and equipment, devices and documents or counter-protests. The expenses
receipt of the court’s election documents are brought to its custody. necessary and incidental to the
order. before the court. – Within forty- return of the materials and
eight (48) hours from receipt of an documents produced in court to
Where any of the ballot boxes,
(b) Failure to make the answer with counter-protest, when their original custodians or to the
ballots, PCOS machines, data
cash deposits required the allegations in an protest or proper tribunal after the termination
storage devices, election returns,
within the prescribed time counter-protest so warrant, the of the case shall likewise be shared
election documents or
limit shall result in the court shall order the ballot boxes proportionately by the protestant
paraphernalia mentioned above are
automatic dismissal of with their keys, the PCOS and and the protestee based on the
also involved in election contests
the protest or counter- consolidation machines, the number of precincts they
before other for a (such as the
protest. electronic data storage devices, the respectively contest.
Presidential Electoral Tribunal, the
lists of voters and voting records, Senate Electoral Tribunal, the
RULE 8 the books of voters, and other House of Representatives Electoral Section 3. Access to electronic
PRODUCTION AND CUSTODY OF documents or paraphernalia Tribunal or the Commission on data in the COMELEC back-up

13
server. – Upon motion duly made (e) The nature of the (j) Other matters that may (b) The issues is to be
based on demonstrated need, the testimonies of the contribute to prompt tried and resolved (i.e.,  for
court may order the COMELEC to witnesses and whether disposition of the case. election protests, the
provide the moving party access to, they relate to evidence alleged frauds or
or to recover and use, electronic that do not involve the Section 2. Notice through irregularities committed
data from the COMELEC back-up ballots, or otherwise; counsel. – The notice of preliminary in the conduct of the
server under conditions and conference shall be served on election; for quo
safeguards required by COMELEC. (f) The withdrawal of counsel or on counsel on the party warranto  proceedings, the
certain protested or himself or herself who is not ground for ineligibility or
RULE 9 counter-protested presented by counsel. Notice to acts of disloyalty);
PRELIMINARY CONFERENCE precincts, especially counsel is to notice to the party, as
those where the ballot counsel is charged with the duty to (c) The documents or
Section 1. Preliminary conference; boxes or ballots are notify the party represented. exhibits to be presented;
mandatory. – Within three (3) days unavailable or are
after the filling of the last missing, cannot be Section 3. Appearances of parties. - (d) A manifestation
responsive pleading allowed by located, have been The parties have the duty to appear indicating the use of the
these Rules, or on the expiration of destroyed due to natural the person before the court at the intent to use discovery
this period without any responsive disasters or calamities, or preliminary conference. Counsels procedures or referral to
pleading having been filed, the where the PCOS and other appearing without their clients commissioners;
court shall conduct a mandatory electronic data are should be specifically authorized to
preliminary conference among the missing; appear for and to bind their clients (e) The number and
parties to consider: on the matters covered by the names of witnesses, their
(g) The number of preliminary conference. addresses, and the
(a) The simplification of revision committees to be substance of their
issue; constituted; Section 4. Preliminary conference respective testimonies.
brief. – The parties shall file with The testimonies of
(b) The necessary or (h) The procedure to be the court their respective witnesses shall be by
desirability of followed in case the preliminary conference briefs and affidavits, in question and
amendments to the election protest or serve these on the adverse party in answer form, which shall
pleadings; counter-protest seeks, a manner that shall ensure the serve as their direct
wholly or partially, the other party’s receipt of the brief at testimonies, subject to
examination of ballots, or least one day before the date of the oral cross-examination;
(c) The possibility of
the verification or re- preliminary conference. The briefs
obtaining stipulations or
tabulation of election shall contain the following: (f) A manifestation of
admission of facts and of
returns; withdrawal of certain
documents to avoid
unnecessary proof; (a) A summary of protested or counter
(i) The procedure in admitted facts and protested precincts, if this
handling the PCOS and proposed stipulations; is the case;
(d) The limitation of the
the other electronic
number of witnesses;
machines and data; and

14
 (g) The proposed number Section 7. Preliminary conference the court may designate, in every (a) Period for revision. –
of revision committees order. – The court shall issue an case under its strict supervision. Revision shall be
and the names of order summarizing the matters conducted from 8:30 a.m.
proposes revisors and taken up and the stipulations or The revisors shall discharge their to 12:00 noon and from
alternated revisors; and agreements reached during the duties with the highest degree of 1:30 p.m. to 4:30 p.m.
conference within three (3) days integrity, conducting the from Monday to Friday,
(h) The procedure to be following the termination of the proceedings with the same dignity except on non-working
followed in case the preliminary conference. The court and discipline the court itself brings holidays. The revisors
election protest or shall commence, the starting date to the proceedings. They shall may take fifteen-minute
counter protest seeks the of which shall be within five (5) exercise extraordinary diligence breaks during the
revision or examination of days from the termination of the and take the precautionary revision.
ballots, or the verification preliminary conference. measures requires by this level of
or re-tabulation of diligence to prevent loss, (b) Revision to continue
election returns. RULE 10 disappearance or impairment of the even if a party revisor is
REVISION OF BALLOTS integrity of the ballots and the absent or late. – The
Section 5. Failure to file brief. -  The election documents, whether revision shall bot be
failure to file the required brief or to Section 1. Start of revision. –  The electronic or printed, and the delayed or postponed by
provide the brief’s mandatory revision of ballots shall commence misuse of the electronic election reason of the absence or
contests shall have the same effect on the date specified in the machines, devices and tardiness of a party’s
as the failure to appear at the preliminary conference order. paraphernalia. revisor or substitute
preliminary conference. revisor, as long as the
Section 3. Compensation of the chairperson and one party
Section 2. Revision committee;
revisors. -  The court shall fix the revisor are present. The
Section 6. Effect of failure to under the supervision of the court.
compensation of the revisors at court may at any time
appear. –  The failure of the –  As many revision committees as
Eight Hundred Pesos (P800.00) per designate another
protestant/petitioner or the duly may be necessary shall be
ballot box for the chairperson and chairperson if the regular
authorized counsel to appear at the constituted. Each revision
Three Hundred Pesos (P300.00) chairperson fails for any
preliminary conference authorizes committee shall be composed of a
per ballot box for each party reason to report.
the court, as its own initiative, to chairperson and two members, one
dismiss the protest, or counter- of whom is designated by the revisor. The party revisors shall
protest or petition. The failure of protestant and the other by the each be entitled to an (c) If the revisor of the
the protestee/respondent or of the protestee. The court shall additional per diem  of Five Hundred protestee is absent or
duly authorized counsel to appear designate the chairperson and a Pesos (P500.00) per day. The late. - If the revisor of the
at the preliminary conference may recorder from among its personnel. compensation for a recorder shall protestee is absent or late
likewise have the effect provided The parties shall also designate be Three Hundred Pesos (P300.00) for thirty minutes and no
under Section 4(c), Rule 4 of these their respective substitute revisors. per ballot box. This compensation alternate appears as a
Rules, i.e., the court may allow the shall be chargeable against the substitute, the revision
protestant/petitioner to present cash deposit as provided for under shall nevertheless
The revision committee shall
evidence ex parte and render Section2, Rule 7 of these Rules. commence. The protestee
conduct the revision in the court
judgment based on the evidence shall be deemed to have
premises or at such other place in
presented. Section 4. Continuous revisions. – waived the right to appear
and to object to the

15
 revision of ballots made Section 6. Conduct of revision. record this condition in device certified by the
during his or her revisor’s –  The revision of the votes on the the revision report. Based Commission to be
absence or tardiness. ballots shall be done manually and on this observation, the capable of performing the
visually and through the use of revision committee must desired authentication
(d) If the revisor of the appropriate PCOS machines, also determine whether requirement through the
protestant or the revisors according to the procedure below: the integrity of the ballot use of the bar codes and
of both parties fail to box has been preserved. the ultra-violet ray code
appear. – If the (a) On the scheduled day detection mechanism.
protestant’s revisor or the of revision, the following, (c) The ballot box shall
revisors of both parties or if needed, should be in the then be opened and the (f) The recount shall only
their alternates fail to custody of the court: ballots taken out. The proceed after the revision
appear without justifiable "valid" ballots shall first be committee, through its
reason within one hour (i)the ballot counted, without regard chairperson and
after the scheduled start boxes to the votes obtained by members, has determined
of the revision, the ballot containing the the parties. This will be that the integrity of the
boxes scheduled for ballots in followed by the counting ballots has been
revision that day and the protested and of the torn, unused stray preserved.
corresponding ballot box counter and rejected ballots, as
keys in the possession of protested classified at the polling (g) The revision
the chairperson, shall be precincts; and place. committee shall
returned to the court’s thereafter proceed to look
ballot box custodian, and (d) The votes appearing in at the ballots and count
(ii) the data
the ballots shall no longer the election returns copy the indicated votes for the
storage devices
be revised, the parties are for the ballot box shall contested position.
and the PCOS
deemed to have waived then be recorded in the
machines used
their right to the revision minutes.
in the precincts (h) In looking at the
for that day, and the
concerned or shades or marks used to
chairperson shall state
any other device (e) Prior to the actual register votes, the revision
the facts of absence and
that can be used revision, the revision committee shall bear in
waiver in the revision
to authenticate committee must mind that the will of the
report.
or assure the authenticate each and voters reflected as votes
genuineness of every ballot to make sure in the ballots shall as
Section 5. Prohibited access. the ballots; that it was the same much as possible be
–  During the revision, no person ballots cast and fed to the given effect, setting
other than the judge, the clerk of PCOS machine during the technicalities aside.
(b) The revision
the court, the chairperson and the voting. The authentication Furthermore, the votes
committee shall initially
members of the revision shall be through the use are presumed to have
note, before anything else,
committee, the parties and their of PCOS machines been made by the voter
the condition of the ballot
duly authorized representatives actually used during the and shall be so
box and its locks and
shall have the access to the elections in the subject considered unless
locking mechanism, and
revision area. precinct, or by another reasons exist to justify

16
their rejection. However, (l) In case of multiple (a) the precinct number; (f) the votes of the
marks or shades that are revision committees, the parties per  the ballot box
less than 50% of the oval recount shall be done (b) the date, the place and copy of the election
shall not be considered as simultaneously. the time of revision; returns and per  the tally
valid votes. Any issue as sheet/board found inside
to whether a certain mark (m) In the event that the the ballot box;
(c) the votes of the
or shade is within the revision committee parties per physical count;
threshold shall be determines that the (g) the number of ballots
determined by using the integrity of the ballots and objected to by the parties
PCOS machine, not by (d) the condition and the
the ballot box have not indicating therein the
human determination. serial numbers of the
been preserved, as when exhibit numbers;
following:.
proof of tampering or
(i) The rules on the substitution exists, it shall (h) the grounds of
appreciation of the ballots proceed to instruct the (i) ballot boxes;
objections;
under Section211 of the printing of the picture
Omnibus Election Code image of the ballots (ii) self-locking
(i) the number of stray
shall apply suppletorily stored in the data storage security metal
ballots;
when appropriate. device for the precinct. or plastic seals
The court shall provide a (inner and outer)
non-partisan technical and padlocks of (j) the claims on ballots
(j) There shall be a tally
person who shall conduct the ballot boxes; with their exhibit
sheet in at least 5 copies,
the necessary numbers; and
plus additional copies
depending on the number authentication process to (iii) security
of additional parties, that ensure that the data or envelopes (k) the entries in the
shall be used to tally the image stored is genuine containing the Minutes of Voting and
votes as they are counted and not a substitute. Only election returns; Counting, particularly:
through the use of taras after this determination and
and sticks. can the printed picture (i) the number of
image be used for the registered
(iv) numbered
recount, voters;
(k) After all the ballots paper seal of
from one ballot box have the envelopes;
been counted, the revision Section 7. Preparation and (ii) the number
committee shall secure submission of revision report. – The of voters who
(e) if required, the
the contested ballots and committee shall prepare and actually voted;
availability of and other
complete the recount submit to the court a revision
circumstances attendant
report for the precinct. report per  precinct stating the
to the PCOS machines (iii) the number
Thereafter, it shall following:
and other automated of official
proceed to recount the election devices and ballots, together
votes from the ballots of paraphernalia used in the with their serial
the next precinct. revision;

17
 numbers, used the revision of ballots Section 10. Post-revision revision or examination if the
in the election; from the protested determination of the merit or ballots, or the verification or re-
precincts and later from legitimacy of the protest prior to tabulation of election returns in the
(iv) the number the counter-protested revision of the counter-protest. – counter-protested precincts. In the
if ballots precincts, if so conducted Immediately after the revision or latter case, the protestee shall be
actually used based on the provisions examination of ballots, or the required to pay the cash deposit
indicating the of Section 10 below. Each verification or re-tabulation of within a non-extendible period of
serial numbers party furnished with a election returns in all protested three (3) days from notice.
of the ballots; copy of the committee precincts, the protestant shall be
and report may submit its required to point to a number of Section 11. Continuation of the
comments thereon within precincts, corresponding to twenty appreciation of ballots. - If the court
a non-extendible period of percent (20%) of the total of the decides not to dismiss the protest
(v) the unused
three (3) days from revised protested precincts, that after the preliminary examination of
ballots together
notice. will best attest to the votes the evidence from the chose twenty
with their serial
recovered, ore that will best percent (20%) of the protested
numbers.
Section 8. Order of revision. – exemplify the fraud or irregularities precincts, revision with respect to
Revision of ballots shall start with pleaded in the protest. In the the remaining precincts shall
The revision forms shall meanwhile, the revision or
those from the protested precincts , proceed at the same time that the
be made available prior to examination of the ballots, or the
subject to the provisions of Section ballots or election documents from
the revision. The per- verification or re-tabulation of
10 thereof. the counter-protested precincts are
precinct revision report election returns in the counter- being revised. After completion of
shall be signed and protested precincts, shall be
Section 9. Inquiry as to security the revision of the protested
certified by the suspended for a period not
markings and vital information precincts, the court shall proceed
chairperson and by the exceeding fifteen days to allow the
relative to ballots and election with the appreciation and revision
parties’ revisors, and shall court to preliminarily determine,
documents. – When a revision of of ballots from the counter-
form part of the records through the appreciation of ballots
ballots is ordered, and for the protested precincts.
of the case. and other submitted election
guidance of the revisors, the court
documents, the merit of legitimacy
shall inquire about the security RULE 11
In addition to the per- of the protest based in the chosen
markings on the ballots and the TECHNICAL EXAMINATION
precinct revision report, twenty percent (20%) of the
security measures used in the
the revision committee protested precincts.
election documents from the Section 1. Motion f or technical
shall also prepare and
Chairperson of COMELEC who shall examination; contents. –  Except
submit to the court, within Based on the results of this post-
be obliged to indicate this when the protest or counter-protest
three days from revision preliminary determination,
markings, measures and other vital involves allegation of massive
termination of the the court may dismiss the protest
information that may aid the court substitute voting, a party may move
revision, a committee without further proceedings if the
in determining the authenticity of for the technical examination of the
report summarizing the validity of the grounds for the
the ballots and election documents. presented evidence within five (5)
data, votes, ballot protest is no established by the
The parties shall be notified of the days after completion of the
objections and claims, evidence from the chosen twenty
results of this inquiry. revision in the protest or counter-
and significant percent (20%) of the protested
observations made during protest, specifying:
precincts; or proceed with the

18
 (a) The nature of the the technical examination shall commencement of revision and, as or violence), the reception of
technical examination proceed with or without the far as practicable, must be evidence on the issues, including
requested (e.g., attendance of a party, provided that completed simultaneously with the the testimonies of witnesses, shall
fingerprint examination, the due notice has been given. termination of revision. be done simultaneously with the
etc.); revision of ballots that may be
The expenses for technical Section 2. Where conducted; required.
(b) The documents or examination shall be for the parties to provide own
machines/equipment to account of the party requesting the photocopying units. – Photocopying The reception of evidence on all
be subjected to technical examination. The technical shall be done within the premises other matters or issues incidental
examination; examination shall be under the of the court, near the revision area, to or involving the ballots and
supervision of the clerk of court. and shall be under the supervision related election documents shall be
(c) The objections made of the clerk of court. The requesting made upon completion of (a) the
in the course of the Section 3. Experts; who shall party shall provide an efficient revision of ballots or election
revision of ballots which provide. –  Experts necessary for photocopying unit and shall bear all documents; or (b) the technical
the movant intends to the conduct of technical attendant expenses. examination, if allowed by the court
substantiate with the examination shall be provided by under the provisions of Rule 11 of
results of the technical the party requesting the same and Section 3. Copying or reproduction these Rules.
examination; and may come from the National of electronic data. – On the motion
Bureau of Investigation, the PNP of a party, the court may allow the Reception of evidence shall be
(d) The ballots covered by Crime Laboratory, the Commission reproduction of electronic data that made in accordance with the
these objections. on Elections, the Department of are submitted as evidence, or that following order of hearing:
Science and Technology, or experts are within the custody and control
from the private sector. The other of the COMELEC under the (a) The protestant or
Section 2. Technical examination;
party may secure the services of conditions and safeguards the petitioner shall present
time limits. –  The court may grant
his or her own expert who may only COMELEC shall require. The costs evidence in support of the
the motion for technical
observe, not interfere with, the and expenses shall be for the protest or petition;
examination at its discretion and
examination conducted by the account of the party seeking the
under the conditions it may impose.
movant’s experts. reproduction.
If the motion is granted, the (b) The protestee or
technical examination shall start respondent shall then
within five (5) days from notice to RULE 12 RULE 13 adduce evidence in
both parties, and shall be PHOTOCOPYING OF BALLOTS PRESENTATION OF EVIDENCE support of the defense,
completed within the period counterclaim or counter-
specified by the court, in no case to Section 1. Photocopying Section 1. Presentation and protest, if any;
exceed to twenty successive simultaneous with revision. – On reception of evidence; order of
working days, unless the court the motion of a party, the court may hearing. – If at the preliminary (c) The parties may then
grants an extension based on allow the photocopying of ballots conference the parties have agreed respectively offer rebuttal
exceptionally meritorious ground. A and election documents, upon such on issues that do not involve the evidence only, unless the
party may attend the technical terms and conditions as the court examination and appreciation of court for good reasons
examination either personally or may impose. The photocopying, if ballots or other election documents and in the furtherance of
through a representative. However allowed, must start at the (e.g., vote-buying, fraud, terrorism justice, permits them to

19
 offer evidence on their The revision reports, as well as the Section 4. Adjournments and (ii) The Boards
original case; and ballots objected to or claimed by postponements. – No motion for of Election
the parties and the submitted postponement shall be allowed, Inspectors were
(d) No sur-rebuttal electronic evidence, shall except for clearly meritorious duly constituted
evidence shall be allowed. automatically form part of court reasons. In no case shall the and organized;
records and may be adopted by the resetting of hearings have an
other parties as their evidence. interval exceeding three calendar (iii) Political
In offering testimonial evidence, the
days, nor shall the postponements parties and
party shall require the proposed
Section 2. Offer of evidence. – The of hearing granted to each party candidates were
witness to execute an affidavit
court shall not consider any exceed three (3). The filing of duly represented
which shall be considered as the
evidence that has not been formally dilatory pleadings or motions shall by pollwatchers;
witness’ direct testimony, subject
offered. Offer of evidence shall be constitute direct contempt of court
to the right of the adverse party to
done orally on the last day of and shall be punished accordingly.
object to its inadmissible portions (iv)
and to orally cross-examine the hearing allowed for each party after Pollwatchers
witness. The affidavit shall be the presentation of the party’s last Section 5. Burden of proof. – were able to
based on personal knowledge, shall witness. The opposing party shall Burden of proof is the duty of a perform their
set forth facts as would be be required to immediately party to present evidence of the functions;
admissible in evidence, and shall interpose objections to the offer. facts in issue to establish his or her
show affirmatively that the affiant The court shall rule on the offer of claim or defense.
(v) The Minutes
is competent to testify on the evidence in open court. However,
of Voting and
stated matters. The affidavit shall the court may, at its discretion, Section 6. Disputable Counting
be in question and answer form, allow the party to make an offer of presumptions. – The following contains all the
and shall be submitted to the court evidence in writing, which shall be presumptions are considered as incidents that
and served on the adverse party at submitted within three days from established facts, unless transpired
least three (3) days before the notice of the court’s order. If the contradicted and overcome by before the
hearing. court rejects any evidence offered, other evidence: Board of
the party may make a tender of the
Election
excluded evidence.
Failure to submit the affidavit of (a) On the election Inspectors; and
witness within the specified time procedure:
shall constitute a waiver of the Section 3. Reception of evidence
(vi) The Audit
party’s right to present testimonial continuous. – Reception of
(i) The election Log contains the
evidence. evidence, once commenced, shall
of candidates list of all
continue from day to day, as far as
was held on the activities
practicable, until fully completed or
The one-day-cross-examination-of date and at the performed by
terminated at the court’s order. In
witness rule – i.e., that a witness time set and in the PCOS
no case shall the entire period for
has to be fully cross-examined on the polling place machines from
reception of evidence exceed ten
one day – shall strictly be followed, determined by the time it was
successive days for each party,
subject to the court’s discretion to the Commission powered on until
from the first day reception of
extend the cross-examination for on Elections; it was turned
evidence starts, unless otherwise
justifiable reasons. off.
authorized by the Supreme Court.

20
(b) On election devices are all in Section 7. Submission of period for their filing, whichever is
paraphernalia: order, and the memoranda. – The court may allow earlier. In an election protest, the
data generated the parties to submit their winner shall be the candidate who
(i) Ballots and reflect the respective memoranda within a obtained the plurality of the valid
election returns activities non-extendible period of ten (10) votes cast.
that bear the entered in these days from the verbal ruling of the
security electronic court on the last offer of exhibits; Section 2. Form of decision in
markings and machines and or, if the offer was made in writing, election protests. – After the
features devices. within ten (10) days from receipt of termination of the revision of
prescribed by the written ruling of the court. No ballots and before rendering its
the Commission (c) On appreciation of supplemental, reply or rebuttal decision in an election protest that
on Elections are ballots: memorandum shall be allowed. involved a revision, the court shall
genuine; examine and appreciate the original
(i) A ballot with RULE 14 ballots. The court, in its
(ii) The data and appropriate DECISION appreciation of the ballots and in
information security ruling on the parties’ claims and
supplied by the markings is Section 1. Rendition of decision. – objections, shall observe the
members of the valid; The court shall decide the election following rules:
Boards of contest within thirty (30) days from
Election (ii) The ballot the date the case is submitted for (a) On marked ballots –
Inspectors in the reflects the decision, in no case beyond six (6) The court must specify
accountable intent of the months after its filing, unless the and point to the marking
forms are true voter; Supreme Court authorizes an clearly indicating the
and correct; and extension in writing. Failure to voter’s intent to identify
comply with this timeline shall be the ballot.
(iii) The ballot
(iii) The considered a serious offense and
was properly
allocation, shall be a ground for disciplinary (b) On fake or spurious
accomplished;
packing and action against the judge. In ballots, election
distribution of addition, six (6) months after the document, machine,
(iv) A voter submission of the case for
election device or paraphernalia –
personally decision, the judge shall be relieved
documents or The court must specify
prepared one of all duties and functions except to
paraphernalia the COMELEC security
ballot, except in decide the election case.
were properly markings or features that
the case of
and timely done; are not found in the ballot,
assistors; and
An election protest is deemed election documents,
(iv) The PCOS submitted for decision after machine, device or
(v) The exercise completion of the reception of paraphernalia considered
and
of one’s right to evidence or, if the parties were fake or spurious, or the
consolidation
vote was allowed to submit memoranda, operation or aspects of
machines and
voluntary and upon submission of their the machine, device or
the data storage
free. memoranda or the expiration of the paraphernalia that

21
 resulted in fake or parties if they are not represented Section 9. Appeal fee. – The by good reasons cited
spurious results; by counsel. appellant in an election contest and stated by the court in
shall pay to the court that rendered a special order. These
(c) On stray ballots – The Section 5. Finality of decision. – the decision an appeal fee of One reasons must:
court must specify and The court’s promulgated decision Thousand Pesos (P1,000.00),
state in detail why the shall become final and executory simultaneously with the filing of the (i) constitute
ballots are considered five (5) days after receipt of notice notice of appeal. superior
stray; by the parties if no appeal is taken. circumstances
Section 10. Immediate transmittal demanding
(d) On claimed ballots – Section 6. Entry of judgment. – If no of records of the case. – The clerk urgency that
The court must specify appeal is filed within the time of court shall, within fifteen (15) would outweigh
the exact basis for provided in these Rules, the days from the filing of the notice of the injury or
admitting claimed votes judgment shall be entered by the appeal, transmit to the Electoral damage, should
or crediting these to clerk in the book of entries of Contests Adjudication Department, the losing party
either party. judgments. The date of finality of COMELEC, the complete records of secure a
the judgment shall be the date of the case, together with all the reversal of the
its entry. The record shall contain evidence, including the original and judgment on
Section 3. Several judgments. – In a
the dispositive part of the judgment three copies of the transcript of appeal; and
protest or petition against several
and shall be signed by the clerk, stenographic notes of the
protestees or respondents, the
with a certificate that the judgment proceedings. (ii) manifest, in
court may, when a several
judgment is proper, render has become final and executory. the decision
judgment against one or more of Section 11. Execution pending sought to be
them, leaving the protest or petition Section 7. Notice of final appeal. – On motion of the executed, that
to proceed against the others. decision. – As soon as the decision prevailing party with notice to the the defeat of the
becomes final, the clerk of court adverse party, the court, at its protestee or the
shall send notices to the COMELEC, discretion and while still in victory of the
Section 4. Promulgation of
the Department of the Interior and possession of the original records, protestant has
decision. – The decision signed by
Local Government, and the may order the execution of its been clearly
the presiding judge shall be
Commission on Audit. decision before the expiration of established.
promulgated by reading its
the period to appeal, subject to the
dispositive portion in open court on
following rules: (b) If the court grants an
a date set with notice to the parties Section 8. Appeal. – An aggrieved
and filing the decision with the clerk party may appeal the decision to execution pending appeal,
of court; or by the delivery of a copy the COMELEC within five (5) days (a) Execution pending an aggrieved party shall
of the signed decision to the clerk after promulgation, by filing a appeal shall not issue have twenty working days
of court, who shall forthwith notice of appeal with the court that except upon motion and from notice of the special
indicate the date of rendition and rendered the decision, with copy hearing with prior notice order within which to
cause true copies thereof to be served on the adverse counsel or of the motion of at least secure a restraining order
served, personally or by registered on the adverse party who is not three (3) days to the or status quo order from
mail, on the counsels or on the represented by counsel. adverse party. The motion the Supreme Court or the
for execution pending COMELEC. The
appeal must be supported corresponding writ of

22
 execution shall issue after judgment for costs if a protest, a chemical reproduction, or by other RULE 17
twenty (20) days if no counter-protest or a petition for quo equivalent techniques that AUTHENTICATION OF
restraining order or status warranto is dismissed. When a accurately reproduce the original, ELECTRONIC DOCUMENTS AND
quo order is issued. protest, a counter-protest or a such copies or duplicates shall be DATA
During the twenty (20)- petition for quo warranto is found regarded as the equivalent of the
day period, the issuance to be frivolous, double or treble original. Section 1. Burden of proving
of a writ of execution costs may be imposed on the authenticity. – The person seeking
pending appeal shall be protestant, the counter-protestant Notwithstanding the foregoing, to introduce an electronic
stayed. or the petitioner. copies or duplicates shall not be document in an election protest
admissible to the same extent as has the burden of proving its
Section 12. Jurisdiction of the Section 2. Damages and attorney’s the original if: authenticity in the manner provided
Commission on Elections in fees. – In all election contests, the in this Rule.
certiorari cases. – The COMELEC court may adjudicate damages and a) a genuine question is
has the authority to issue the attorney’s fees as it may deem just raised as to the Section 2. Manner of
extraordinary writs of certiorari, and as established by the evidence, authenticity of the authentication. – Before any
prohibition and mandamus only in if the aggrieved party has included original; or electronic document or data
aid of its appellate jurisdiction over these claims in the pleadings. offered as authentic is received in
decisions of the courts in election evidence, its authenticity must be
b) under the
cases involving elective municipal RULE 16 proved by any of the following
circumstances, it would
officials. ELECTRONIC EVIDENCE means:
be unjust or inequitable to
admit the copy in lieu of
Section 13. Preferential disposition Section 1. Original of an electronic the original. a) By evidence that it has
of election contests. – The courts document or data. – An electronic been digitally signed by
shall give preference to election document or data shall be regarded the person purported to
Section 3. Affidavit as evidence. –
contests over all other cases, as the equivalent of an original have signed it. "Digitally
All matters relating to the
except petitions for habeas corpus document under the Best Evidence signed" refers to an
admissibility and evidentiary weight
and for the writs of amparo and Rule if it is a printout or an output electronic document or
of an electronic document may be
habeas data. readable by sight or other means electronic data message
established by an affidavit stating
and shown to reflect the data facts of direct personal knowledge bearing a digital signature
RULE 15 accurately. of the affiant or based on authentic verified by the public key
COSTS, DAMAGES AND records. The affidavit must listed in a certificate.
ATTORNEY’S FEES Section 2. Copies as equivalent of affirmatively show the competence
the originals. – When a document is of the affiant to testify on the b) By evidence that other
Section 1. Costs; when allowed. – in two or more copies executed at matters contained therein. The appropriate security
Costs shall be allowed to the or about the same time with affiant shall be made to affirm the procedures or devices for
prevailing party as a matter of identical contents, or is a contents of the affidavit in open authentication of
course. The court shall have the counterpart produced by the same session and may be cross- electronic documents
power, for special reasons, to impression as the original, or from examined as a matter of right by authorized by the
apportion the costs, as may be the same matrix, or by mechanical the adverse party. Supreme Court or by law
equitable. The court may render or electronic re-recording, or by for the authentication of

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 electronic documents
were applied to the
document; or

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

Section 3. The Rules on Electronic

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

RULE 18
FINAL PROVISIONS

Section 1. Repealing clause. – For

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

Section 2. Effectivity clause. These

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

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