SECTION 1. Rendition of decision. - The court shall decide the election contest within thirty days from the date it is submitted for decision, in no case beyond six months after its filing, unless the Supreme Court authorizes an extension in writing. Failure to comply herewith shall be considered a serious offense and shall be ground for disciplinary action against the judge. In addition, after the expiration of six months, the judge shall be relieved of all duties and functions, except to decide the election case. An election protest is deemed submitted for decision after completion of the reception of evidence or, if the parties were allowed to submit memoranda, upon submission of such memoranda or the expiration of the period for their filing, whichever is earlier. In an election protest, the winner shall be the candidate who obtained the plurality of the valid votes cast.

SEC. 2. Form of decision in election protests. - After termination of the revision of ballots and before rendering its decision in an election protest that involved such revision, the court shall examine and appreciate the original ballots. The court, in its appreciation of the ballots and in rendering rulings on objections and claims to ballots of the parties, shall observe the following rules:

1. On Marked Ballots - The court must specify the entries in the ballots that clearly indicate that the intention of the voter is to identify the ballot. The specific markings in the ballots must be illustrated or indicated;


2. On Fake or Spurious Ballots - The court must specify the COMELEC security markings that are not found in the ballots that are considered fake or spurious;


3. On Stray Ballots - The court must specify and state in detail why the ballots are considered stray;


4. On Pair or Group of Ballots Written by One or Individual Ballots Written By Two - When ballots are invalidated on the ground of written by one person, the court must clearly and distinctly specify why the pair or group of ballots has been written by only one person. The specific strokes, figures or letters indicating that the ballots have been written by one person must be specified. A simple ruling that a pair or group of ballots has been written by one person would not suffice. The same is true when ballots are excluded on the ground of having been written by two persons. The court must likewise take into consideration the entries of the Minutes of Voting and Counting relative to illiterate or disabled voters, if any, who cast their votes through assistors, in determining the validity of the ballots found to be written by one person, whether the ballots are in pairs or in groups; and


5. On Claimed Ballots - The court must specify the exact basis for admitting or crediting claimed votes to either party.

SEC. 3. Several judgments. - In a protest or petition against several protestees or respondents, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the protest or petition to proceed against the others.

SEC. 4. Promulgation of decision. - The decision signed by the presiding judge shall be promulgated by the reading of the dispositive portion in open court and its filing with the clerk of court, on a date set with due notice to the parties, or through delivery of a copy of the signed decision to the clerk of court who shall forthwith indicate the date of rendition and cause true copies thereof to be served, personally or by registered mail, upon the counsel or the parties, if not represented by counsel.

SEC. 5. Finality of decision. - The decision of the court shall become final and executory five days after filing with the clerk of court and receipt of notice by the parties.

SEC. 6. Entry of judgment. - If no appeal is filed within the time provided in these Rules, the judgment shall be entered by the clerk in the book of entries of judgments. The date of finality of the judgment shall be the date of its entry. The record shall contain the dispositive part of the judgment and shall be signed by the clerk, with a certificate that such judgment has become final and executory.

SEC. 7. Notice of final decision. - As soon as the decision becomes final, the clerk of court shall send notices to the Commission on Elections, the Department of the Interior and Local Government, and the Commission on Audit.

SEC. 8. Appeal. - An aggrieved party may appeal the decision to the Commission on Elections, within five days after promulgation, by filing a notice of appeal with the court that rendered the decision, with copy served on the adverse counsel or party if not represented by counsel.

SEC. 9. Appeal fee. - The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal.

SEC. 10. Immediate transmittal of records of the case. - The clerk of court shall, within fifteen days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department, Commission on Elections, the complete records of the case, together with all the evidence, including the original and three copies of the transcript of stenographic notes of the proceedings.

SEC. 11. Execution pending appeal. - On motion of the prevailing party with notice to the adverse party, the court, while still in possession of the original records, may, at its discretion, order the execution of the decision in an election contest before the expiration of the period to appeal, subject to the following rules:

1. There must be a motion by the prevailing party with three-day notice to the adverse party. Execution pending appeal shall not issue without prior notice and hearing. There must be good reasons for the execution pending appeal. The court, in a special order, must state the good or special reasons justifying the execution pending appeal. Such reasons must:
1. constitute superior circumstances demanding urgency that will outweigh the injury or damage should the losing party secure a reversal of the judgment on appeal; and


2. be manifest, in the decision sought to be executed, that the defeat of the protestee or the victory of the protestant has been clearly established.
2. If the court grants an execution pending appeal, an aggrieved party shall have twenty working days from notice of the special order within which to secure a restraining order or status quo order from the Supreme Court or the Commission on Elections. The corresponding writ of execution shall issue after twenty days, if no restraining order or status quo order is issued. During such period, the writ of execution pending appeal shall be stayed.

SEC. 12. Jurisdiction of the Commission on Elections in certiorari cases. - The Commission on Elections has the authority to issue the extraordinary writs of certiorari, prohibition and mandamus only in aid of its appellate jurisdiction over decisions of the courts in election cases involving elective municipal and barangay officials.

SEC. 13. Preferential disposition of election contests. - The courts shall give preference to election contests over all other cases, except habeas corpus.

	Rule 13	Supreme Court Rules of Procedure Table of Contents	Rule 15