SECTION 1. Coverage. -These Rules shall govern the filing of pleadings, practice and procedure in election protests and petitions for quo warranto before courts of general jurisdiction and courts of limited jurisdiction relating to elective municipal and barangay officials.

SEC. 2. Application of the Rules of Court. - The Rules of Court shall apply by analogy or in a suppletory character, and whenever practicable and convenient.

SEC. 3. Definitions. - As used in these Rules:

1. Courts - refer to the Regional Trial Courts or the Municipal Trial Courts, including the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.


2. Election - means the choice or selection of candidates to public office by popular vote through the use of the ballot. Specifically, it may refer to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of ballots and canvassing of returns.


3. Election Contests - refer to election protests or petitions for quo warranto.


4. Election Protest - refers to an election contest relating to the election and returns of elective officials, grounded on frauds or irregularities in the conduct of the elections, the casting and counting of the ballots and the preparation and canvassing of returns. The issue is who obtained the plurality of valid votes cast.


5. Quo Warranto under the Omnibus Election Code - refers to an election contest relating to the qualifications of an elective official on the ground of ineligibility or disloyalty to the Republic of the Philippines. The issue is whether respondent possesses all the qualifications and none of the disqualifications prescribed by law.


6. Revision of Ballots - refers to the process of a recount of the ballots involving physical counting and segregation of ballots for the protestant, protestee and other candidates for the same position and the recording of objections and claims to ballots.


7. Promulgation - refers to the process by which a decision is published, officially announced, made known to the public and delivered to the clerk of court for filing, coupled with notice to the parties or their counsel.

SEC. 4. Inherent powers of the court. - When performing its functions, a court shall have the inherent power to:

1. Preserve and enforce order in its immediate presence;


2. Enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;


3. Compel obedience to its judgments, orders and processes, and to the lawful orders of a judge out of court, in a case pending therein;


4. Control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto;


5. Compel the attendance of persons to testify in a case pending therein;


6. Administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers;


7. Amend and control its processes and orders so as to make them conformable to law and justice; and


8. Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original and to restore and supply deficiencies in its records and proceedings.

SEC. 5. Means to carry jurisdiction into effect. - All auxiliary writs, processes, and other means necessary to carry into effect its powers or jurisdiction may be employed by the court and, if the procedure to be followed in the exercise of such jurisdiction is not specifically provided by law or these Rules, the court may adopt any suitable process or mode of process which appears conformable to the spirit of said law or rules.

		Supreme Court Rules of Procedure Table of Contents	Rule 2