Resolution Providing for a Summary Procedure in Election Cases

January 19, 1988 RESOLUTION PROVIDING FOR A SUMMARY PROCEDURE IN ELECTION CASES Pursuant to Section 6 of Presidential Decree No. 902-A, as amended, which empowers the Commission to promulgate rules of procedure to govern the proceedings, hearings and appeals of cases falling within its jurisdiction, and in order to expedite the resolution of election cases, the Commission sitting en banc, resolved to promulgate the following rules on summary procedure in election cases: SECTION 1. To What Cases Applicable . This rule shall apply to disputes involving the election of directors or trustees in stock or non-stock corporations, respectively. SECTION 2. a) Pleadings Allowed . The only pleadings allowed to be filed are the complaint or petition and the answer (to the complaint or petition, counterclaims or cross-claim). Cross-claims or counterclaims must be asserted in the answer or be considered barred. b) Verification . All pleadings must be verified. SECTION 3. Duty of the Hearing Officer upon the Filing of the Complaint Or Petition . Upon the filing of the complaint or petition, the Hearing Officer from a consideration of the allegations thereof; a) May dismiss the complaint or petition outright, due to: 1. failure to file the case within fifteen (15) days from the date of the election if the by-laws do not provide for a procedure for resolution, or within fifteen (15) days from the resolution of the controversy by the corporation as may be provided for in its by-laws; 2. failure to exhaust intra-corporate remedies in election protests as may be provided for in the corporation's by-laws; or b) May order the issuance of summons. SECTION 4. Answer . Upon being served with summons, the respondent must answer the complaint or petition which will include all available grounds for a motion to dismiss within ten (10) days from service thereof. The answer to a counterclaim or cross-claim must be filed within ten (10) days from service thereof. SECTION 5. Effect of Failure to Answer . Upon failure to answer the complaint, petition, cross-claim or counterclaim within the reglementary 10-day period herein provided, the Hearing Officer motu proprio or on motion, shall render judgment as may be warranted by the facts alleged in the complaint or petition, or cross-claim or counterclaim. SECTION 6. Preliminary Conference . Not later than twenty (20) days after the answer is filed, a preliminary conference shall be held, during which the parties as well as their respective counsels shall be present. However, a party who is unable to attend the conference shall deliver to his counsel a special power of attorney empowering the latter to represent him, with the authority to enter into a compromise. The parties shall submit a pre-trial brief at least three (3) days before the preliminary conference which shall include: a) any proposal for an amicable settlement; b) simplified issues of the case; c) facts and documents sought to be admitted or stipulated on; d) number and names of witnesses, and a brief statement of their testimony; e) such other matters as may aid in the prompt disposition of the petition. A party who shall fail to attend the preliminary conference or to submit a pre-trial brief may be non-suited or declared as in default and the Hearing Officer may proceed to render judgment as may be warranted by the facts alleged in the pleadings. After the preliminary conference, the Hearing Officer shall immediately issue a preliminary conference order specifying the matters taken up during the conference including stipulation of facts entered into and delineating the issue/s subject of presentation of evidence. SECTION 7. Submission of Affidavit . Within ten (10) days from receipt of the preliminary conference order, the parties shall submit the affidavits of witnesses named in the pre-trial brief and other evidences on the factual issues defined in the preliminary conference order together with a brief statement of their positions setting forth the law and the facts relied upon by them. SECTION 8. Judgment, Hearing, When Ordered . Should the Hearing Officer find upon a consideration of the pleadings, the affidavits and other evidences, and position statements submitted by the parties that a judgment may be rendered thereon without need of a formal hearing, it may proceed to render judgment not later than fifteen (15) working days from the submission of the affidavits and other documents mentioned in Section 7 hereof. In cases where the Hearing Officer deems it necessary to hold a hearing to clarify specific factual matters before rendering judgment, he shall set the case for hearing for the purpose. At such hearing, only witnesses whose affidavits were previously submitted may be asked clarificatory questions by the Hearing Officer and may be cross-examined by the adverse party. The order setting the case for hearing shall specify the witnesses who will be called to testify, and the matters on which their examination will deal. SECTION 9. Prohibited Pleadings and Motions . The following pleadings, motions or petitions shall not be allowed: 1) Motion to Dismiss 2) Motion for A Bill of Particulars 3) Motion for New Trial or for Reconsideration 4) Petition for Relief from Judgment cdlex 5) Motion for Extension of Time to File Pleadings, Affidavits or any other paper 6) Memorandum 7) Petition for Certiorari, Mandamus or Prohibition against any interlocutory order issued by the Hearing Officer 8) Motion to Declare Respondent in Default 9) Motion for Postponement 10) Reply or Rejoinder 11) Third Party Complaint 12) Intervention SECTION 10. Affidavits . The affidavits required to be submitted under this rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence and shall show their competence to testify to the matters stated therein. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action and shall be cause to expunge the inadmissible affidavit or portions thereof from the record. SECTION 11. Hearing and Judgment . In cases where a hearing is ordered, the same must be finished on the same date set therefor, insofar as practicable. The judgment in the case must be rendered within fifteen (15) working days from termination of the hearing. SECTION 12. Decision Immediately Executory . The decision of the Hearing Officer shall be immediately executory unless stayed by the Commission en banc. SECTION 13. Appeal to the Commission En Banc . The appeal may be taken by filing, within fifteen (15) days from notice of final decision, order or ruling, and serving upon the adverse party, a notice of appeal and a memorandum on appeal, and paying the filing fee of P200.00. The appellee shall, within ten (10) days from receipt of the memorandum on appeal, file his reply-memorandum. SECTION 14. Decision of the Commission En Banc . The Commission en banc shall, on the basis of the memorandum on appeal and reply memorandum, render a decision on the case within fifteen (15) working days from the filing of the reply memorandum. LexLib SECTION 15. Effectivity . The foregoing rules shall take effect fifteen (15) days after they have been promulgated by publication in at least two newspapers of general circulation throughout the Philippines. (SGD.) JULIO A. SULIT, JR. Chairman (SGD.) ROSARIO N. LOPEZ (SGD.) MONICO V. JACOB Associate Commissioner Associate Commissioner (SGD.) JESUS J. VALDES (SGD.) GONZALO T. SANTOS, JR. Associate Commissioner Associate Commissioner