SECTION 1. Preliminary conference; mandatory. - Within three days after filing of the last responsive pleading allowed by these Rules, or the expiration of the same period without any responsive pleading having been filed, the court shall conduct a mandatory preliminary conference among the parties to consider:

1. The simplification of issues;


2. The necessity or desirability of amendments to the pleadings;


3. The possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof;


4. The limitation of the number of witnesses;


5. The nature of the testimonies of the witnesses and whether they relate to evidence aliunde the ballots, or otherwise;


6. The withdrawal of certain protested or counter-protested precincts (especially those where the ballot boxes or ballots are unavailable or are missing and cannot be located or destroyed due to natural disasters or calamities);


7. The number of revision committees to be constituted;


8. The procedure to be followed in case the election protest or counter-protest seeks, wholly or partially, the examination, verification or re-tabulation of election returns; and


9. Such other matters as may aid in the prompt disposition of the case.

SEC. 2. Notice through counsel. - The notice of preliminary conference shall be served on counsel or on the party who has no counsel. Notice to counsel is notice to the party, as counsel is charged with the duty to notify the party represented.

SEC. 3. Appearances of parties. - It shall be the duty of the parties and counsel to appear before the court in person at the preliminary conference.

SEC. 4. Preliminary conference brief. - The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt at least one day before the date of the preliminary conference, their respective briefs which shall contain the following:

1. A summary of admitted facts and proposed stipulation of facts;


2. The issues to be tried or resolved;


3. The pre-marked documents or exhibits to be presented, stating their purpose;


4. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners;


5. The number and names of the witnesses, their addresses, and the substance of their respective testimonies. The testimonies of the witnesses shall be by affidavits in question and answer form as their direct testimonies, subject to oral cross examination;


6. A manifestation of withdrawal of certain protested or counter-protested precincts, if such is the case;


7. The proposed number of revision committees and names of their revisors and alternate revisors; and


8. In case the election protest or counter-protest seeks the examination, verification or re-tabulation of election returns, the procedure to be followed.

SEC. 5. Failure to file brief. - Failure to file the brief or to comply with its required contents shall have the same effect as failure to appear at the preliminary conference.

SEC. 6. Effect of failure to appear. - The failure of the protestant or counsel to appear at the preliminary conference shall be cause for dismissal, motu proprio, of the protest or counter-protest. The failure of the protestee or counsel to appear at the preliminary conference shall have the same effect as provided in Section 4(c), Rule 4 of these Rules, that is, the court may allow the protestant to present evidence ex parte and render judgment based on the evidence presented.

SEC. 7. Preliminary conference order. - Within three days following the date of the preliminary conference, the court shall issue an order summarizing the matters taken up and stipulations or agreements reached during the conference. The court shall specify in the preliminary conference order when the revision of ballots will commence, which shall be within five days from the termination of the preliminary conference.

	Rule 8	Supreme Court Rules of Procedure Table of Contents	Rule 10