February 15, 1993

PART VI
PROVISIONS GOVERNING ELECTION CONTESTS
AND QUO WARRANTO CASES BEFORE TRIAL COURT

Rule 36
Quo Warranto Case Before Courts of General Jurisdiction

      Section 1. Filing of Petition. - A voter contesting the election of any municipal official on the ground of ineligibility or disloyalty to the Republic of the Philippines may file a petition for quo warranto with the appropriate Regional Trial Court.

      Sec. 2. Designation of Parties. - The party filing the petition shall be referred to as the Petitioner and the party against whom it is filed shall be known as the Respondent.

      Sec. 3. Period Within Which to File the Petition. - The petition shall be filed within ten (10) days after the proclamation of the results of the election.

      Sec. 4. Petition to be Verified. - The petition shall be verified by the party filing it or by his attorney. Any subsequent pleading based on facts which ought to be proved shall likewise be verified.

      Sec. 5. Filing Fee. - No petition for quo warranto shall be given due course without the payment of a filing fee in the amount of Three Hundred Pesos (P300.00) and the legal research fee as required by law.

      Sec. 6. Summons. - It shall be the duty of the Clerk of Court to serve notice and a copy of the petition by means of summons upon each respondent within five (5) days after the filing of the petition.

      Sec. 7. Answer. - Within five (5) days from receipt of the notice and a copy of the petition, the respondent shall file his verified answer to the petition.

      Sec. 8. Substantial and Formal Amendments of Pleadings. - The provision of Section 8 of Rule 35 of these Rules shall apply in respect to amendments of pleadings.

      Sec. 9. Immediate Hearing; Presentation and Reception of Evidence. - Upon the joinder of issues, the Clerk of Court shall immediately set the case for hearing.

      The presentation and reception of evidence shall be made in the manner prescribed in Section 2 Rule 17 of these Rules.

      Sec. 10. Termination of Hearing. - The hearing shall be completed within thirty (30) days from the date of the filing of the petition.

      Sec. 11. Decision. - The court shall decide the case within thirty (30) days from the date it is submitted for decision, but in every case within six (6) months after its filing.

      Sec. 12. Promulgation and Finality of the Decision. - The decision of the court shall be promulgated on a date set by it of which due notice must be given the parties. It shall become final five (5) days after its promulgation.

      No motion for reconsideration shall be entertained.

      Sec. 13. Notice of Final Decision. - As soon as a decision becomes final, notice thereof shall be sent to the Commission on Elections, and the Department of Local Government. If the decision is adverse to the respondent, notice shall likewise be sent to the Commission on Audit.

      Sec. 14. Appeal. - From any decision rendered by the court, the aggrieved party may appeal to the Commission on Elections, without five (5) days after the promulgation of the decision.

      Sec. 15. Preferential Disposition of Quo Warranto Cases. - The courts shall give preference to quo warranto over all other cases, except those of habeas corpus.
 

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