Republic of the Philippines

Filing of Election Protest

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Protestant Duration of Activity   Person in Charge Fees Requirements
Any candidate who has duly filed a certificate of candidacy and been voted for the office of Senator may file a Verified Election Protest against a Member of the Senate within 30 days after proclamation of the Protestee(Rule 16) 1 hour (under normal circumstances) Office of the Secretary(Rule 21)

FILING FEES:(Rule 35)

Php50,000.00 (for protest or counter-protest)

Php50,000.00 for each cross protest

Additional:

If with claim for damages or attorney’s fees, an additional filing fee of five percent (5%) of the total amount claimed

CASH DEPOSIT:
(Rule 36)

No Collection/ Revision – Php20,000.00 within ten (10) days from filing of the protest

With Collection / Revision – Php200,000.00 as initial deposit within ten (10) days from filing of the protest

Fifteen (15) legible copies (Rule 21) Contents:

  1. An Election Protest shall state the following (Rule 22a.):
  2. The position involved;
  3. The date of proclamation;
  4. The number of votes credited to the parties per the proclamation;
  5. The ranking of the parties per COMELEC Senatorial Canvass Report by Rank;
  6. The total number of contested precincts per municipality or city;
  7. The precinct numbers and location of the contested precincts; and
  8. The specific acts or omissions constituting the electoral fraud, anomaly or irregularity in the contested precincts.
  9. Verification – Affidavit stating that the affiant has read the protest and that its allegations are true and correct of the affiant’s own knowledge, or based on verifiable information or authentic records (Rule 19)
  10. Certificate of non-forum shopping signed personally by the Protestant (Rule 19)

 

 Petitioner Duration of Activity Person in Charge  Fees  Requirements
Any registered voter may file a Verified Petition for quo warranto contesting the election of a Member of the Senate on the ground of ineligibility or disloyalty to the Republic of the Philippines within ten (10) days after proclamation of the respondent.A petition for quo warranto on the ground of ineligibility based on citizenship may be filed at any time during the respondent’s tenure.If ground is loss of qualifications, the petition may be filed at any time during the respondent’s tenure.(Rule 18) 1 hour (under normal circumstances) Office of the Secretary(Rule 21)

FILING FEES:(Rule 35)

Php 50,000.00 Additional: If with claim for damages or attorney’s fees, an additional filing fee of five percent (5%) of the total amount claimed

 

CASH DEPOSIT: (Rule 36)

 Php10,000.00 within ten (10) days from filing

Fifteen (15) legible copies (Rule 21) Contents:

  1. A petition for quo warranto shall state the following (Rule 22.b):
  2. The position involved;
  3. The date of proclamation;
  4. The facts giving the petitioner standing to file the petition;
  5. The legal qualifications for the position and the disqualifications prescribed by law; and
  6. The ground(s) for respondent’s ineligibility or the specific acts of disloyalty to the Republic of the Philippines.
  7. Verification – Affidavit stating that the affiant has read the petition and that its allegations are true and correct of the affiant’s own knowledge, or based on verifiable information or authentic records (Rule 19)
  8. Certificate of non-forum shopping signed personally by the Petitioner (Rule 19)

 

Download printable copy here.