SECTION 1. Presentation and reception of evidence; order of hearing. - If at the preliminary conference the parties have agreed on issues aliunde the ballots or other election documents (e.g., vote-buying, fraud, terrorism or violence), the reception of evidence on the issues, including the testimonies of witnesses, shall be done simultaneously with the revision of ballots. The reception of evidence on all other matters or issues incidental to or interwoven with the ballots and related election documents shall be made upon completion of

1. the revision of ballots or election documents, or


2. the technical examination, if allowed by the court under the provisions of Rule 11 of these Rules. Reception of evidence shall be made in accordance with the following order of hearing:
1. The protestant or petitioner shall present evidence in support of the protest or petition;


2. The protestee or respondent shall then adduce evidence in support of the defense, counterclaim or counter-protest, if any;


3. The parties may then respectively offer rebutting evidence only, unless the court for good reasons, in the furtherance of justice, permits them to offer evidence upon their original case; and


4. No sur-rebuttal evidence shall be allowed.

In offering testimonial evidence, the party shall require the proposed witness to execute an affidavit which shall be considered as the direct testimony, subject to the right of the adverse party to object to its inadmissible portions and to orally cross-examine the witness. The affidavit shall be based on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify on the matters stated therein. The affidavit shall be in question and answer form. The affidavit shall be submitted to the court and served on the adverse party at least three days before the hearing. Failure to submit the affidavit of a witness within the specified time shall constitute a waiver of the party's right to present testimonial evidence. The one-day-cross-examination-of-witness rule, that is, a witness has to be fully cross-examined in one day only shall be strictly adhered to. The court, at its discretion, may extend the cross-examination for justifiable reasons. The revision reports, as well as the objected and claimed ballots referred to therein, shall automatically form part of court records and may be adopted by the parties as their evidence.

SEC. 2. Offer of evidence. - The court shall consider no evidence that has not been formally offered. Offer of evidence shall be done orally on the last day of hearing allowed for each party after the presentation of the last witness. The opposing party shall be required to immediately interpose objections thereto. The court shall rule on the offer of evidence in open court. However, the court may, at its discretion, allow the party to make an offer of evidence in writing, which shall be submitted within three days. If the court rejects any evidence offered, the party may make a tender of the excluded evidence.

SEC. 3. Reception of evidence continuous. - Reception of evidence, once commenced, shall continue from day to day as far as practicable until terminated. In no case shall the entire period for reception of evidence exceed ten successive days for each party from the first day of such reception, unless authorized by the Supreme Court.

SEC. 4. Adjournments and postponements. - No motion for postponement shall be allowed, except for clearly meritorious reasons, in no case to exceed three times of three calendar days interval each. The filing of dilatory pleadings or motions shall constitute direct contempt of court and shall be punished accordingly.

SEC. 5. Burden of proof. - Burden of proof is the duty of a party to present evidence of the facts in issue, necessary to establish one's claim or defense.

SEC. 6. Disputable presumptions. - The following presumptions are considered as facts, unless contradicted and overcome by other evidence:

1. On the election procedure:
1. The election of candidates was held on the date and time set and in the polling place determined by the Commission on Elections;


2. The Boards of Election Inspectors were duly constituted and organized;


3. Political parties and candidates were duly represented by pollwatchers;


4. Pollwatchers were able to perform their functions; and


5. The Minutes of Voting and Counting contains all the incidents that transpired before the Board of Election Inspectors.
2. On election paraphernalia:
1. Ballots and election returns that bear the security markings and features prescribed by the Commission on Elections are genuine;


2. The data and information supplied by the members of the Boards of Election Inspectors in the accountable forms are true and correct; and


3. The allocation, packing and distribution of election documents or paraphernalia were properly and timely done.
3. On appreciation of ballots:
1. A ballot with appropriate security markings is valid;


2. The ballot reflects the intent of the voter;


3. The ballot is properly accomplished;


4. A voter personally prepared one ballot, except in the case of assistors; and


5. The exercise of one's right to vote was voluntary and free.

SEC. 7. Submission of memoranda. - The court may allow the parties to submit their respective memoranda within a non-extendible period of ten days from the verbal ruling of the court on the last offer of exhibits; or, if the offer was made in writing, within ten days from receipt of the written ruling of the court. No supplemental, reply or rebuttal memorandum shall be allowed.

	Rule 12	Supreme Court Rules of Procedure Table of Contents	Rule 14