COMELEC Pertinent Laws

RULE 6
PROHIBITED READINGS

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


SECTION 1. Prohibited pleadings and motions. - The following pleadings, motions or petitions shall not be allowed in the cases covered by these Rules:

  1. Motion to dismiss the petition except on the ground of lack of jurisdiction over the subject matter;

  2. Motion for a bill of particulars;

  3. Demurrer to evidence;

  4. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

  5. Petition for relief from judgment;

  6. Motion for extension of time to file pleadings, affidavits or other papers;

  7. Memoranda, except as provided under Section 7, Rule 13 of these Rules;

  8. Motion to declare the protestee or respondent in default;

  9. Dilatory motion for postponement;

  10. Motion to inhibit the presiding judge except on clearly valid grounds;

  11. Reply or rejoinder; and

  12. Third-party complaint.

SEC. 2. Grounds to dismiss must be set up in the answer. - All grounds to dismiss an election protest or petition for quo warranto must be set up or pleaded as affirmative or special defenses. Defenses not raised are deemed waived. The court may, in its discretion, hold a preliminary hearing on the grounds so pleaded.

 

 


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Updated: 08.24.2009