SECTION 1. Verified answer; counter-protest. - The answer shall be verified and may set forth admissions and denials, special and affirmative defenses and a compulsory counterclaim. The protestee may incorporate a counter-protest in the answer. Within five days from receipt of the summons and a copy of the protest or petition, the protestee or respondent shall file an answer in three legible copies, with proof of service of a copy upon the protestant or petitioner. The counter-protest shall specify the counter-protested precincts and any votes of the parties therein per the Statement of Votes By Precinct, or, if not so specified, an explanation why the votes are not specified, and a detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies or irregularities in the counter-protested precincts.

SEC. 2. Answer to counterclaim or counter-protest. - The protestant or petitioner shall answer the counterclaim or counter-protest within a non-extendible period of five days from notice.

SEC. 3. Allegations in the answer. -

1. Specific denial. - A protestee or respondent must specify each material allegation of fact the truth of which is not admitted and, whenever practicable, shall set forth the substance of the matters relied upon in support of the denial. The protestee or respondent shall specify so much of the averments that are true and material and shall deny the remainder.


2. Allegations not specifically denied deemed admitted. - Material averment in the protest or petition, other than the amount of unliquidated damages and issues as to the appreciation of ballots, shall be deemed admitted when not specifically denied.

SEC. 4. Effect of failure to plead. -

1. Defenses and objections not pleaded.-Defenses and objections not pleaded are deemed waived. However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or the statute of limitations, the court shall dismiss the claim.


2. Compulsory counterclaim or cross-claim not set up barred.- A compulsory counterclaim, or a cross-claim not set up shall be barred.


3. Effect of failure to answer.-In an election protest that does not involve ballot revision or a petition for quo warranto, if the protestee or respondent fails to file an answer within the time allowed, the court shall, upon motion of the protestant or petitioner with notice to the protestee or respondent and upon proof of such failure, proceed to render judgment on the basis of the allegations of the verified election protest or petition for quo warranto granting the relief prayed for, unless the court in its discretion requires the protestant or petitioner to submit evidence ex parte. However, in the case of election protests involving ballot revision or examination, verification or re-tabulation of the election returns, the court shall order such revision of ballots or examination, verification or re-tabulation of election returns. The court shall proceed to render judgment based on the results of the revision or examination, verification or re-tabulation of election returns. During the revision or examination, verification or re-tabulation of election returns, only the revisors of the protestant may participate. The protestee or duly authorized representative has the right to be present and observe the proceedings without the right to object and make claims to ballots and election returns.

SEC. 5. How to compute time. - In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day.

SEC. 6. Amendments; limitations. - After the expiration of the period for the filing of the election protest, counter-protest or petition for quo warranto, substantial amendments that broaden the scope of the action or introduce an additional cause or causes of action may be allowed only upon leave of court. Such leave may be refused if it appears to the court that the motion was made with intent to delay. Any amendment in matters of form, such as a defect in the designation of the parties and other clearly clerical or typographical errors, may be summarily corrected by the court at any stage of the proceedings, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party.

	Rule 3	Supreme Court Rules of Procedure Table of Contents	Rule 5