COMELEC Pertinent Laws

RULE 11
TECHNICAL EXAMINATION

Rules of Procedure in Election Contests
Before the Courts Involving Electing Municipal and Barangay Officials


SECTION 1. Motion for technical examination; contents. - A party may move for the technical examination within five days after completion of revision in the protest or counter-protest, except when it involves allegation of massive substitute voting in the protest or counter-protest, specifying:

  1. The nature of the technical examination requested (e.g., fingerprint examination, etc.);

  2. The documents to be subjected to technical examination;

  3. The objections made in the course of the revision of ballots which the movant intends to substantiate with the results of the technical examination; and (d) The ballots covered by such objections.

SEC. 2. Technical examination; time limits. - The court may grant the motion for technical examination at its discretion and under such conditions it may impose. If the motion is granted, the technical examination shall start within five days from notice to both parties and shall be completed within the period specified by the court, in no case to exceed twenty successive working days, unless the court grants an extension based on exceptionally meritorious ground. A party may attend the technical examination, either personally or through a representative. However, the technical examination shall proceed with or without the attendance of the party, provided due notice has been given to the party. The expenses for technical examination shall be for the account of the party requesting the examination and under the supervision of the clerk of court.

SEC. 3. Experts; who shall provide. - Experts necessary for the conduct of technical examination shall be provided by the party requesting the same and may come from the National Bureau of Investigation, the Philippine National Police (PNP) Crime Laboratory, the Commission on Elections, or experts in private practice. The other party may secure the services of an expert who may only observe, not interfere with, the examination conducted by the experts of the movant.

 

 


Rule 10 Rule 10 Supreme Court Rules of Procedure toc Table of Contents Rule 12

Updated: 08.24.2009