WHO may file?
Any candidate who: (1) has duly filed a certificate of candidacy, (2) has been voted for the same office, and (3) has obtained the second or third highest number of votes.
WHEN to file?
Within fifteen (15) days from June 30 of the election year, if the winning candidate was proclaimed on or before said date. However, if the winning candidate was proclaimed after June 30 of the election year, a verified election protest shall be filed within fifteen (15) days from date of proclamation.
WHERE to file?
At the Information System and Judicial Records Management Service (ISJRMS) Office, located at Room 301, 3rd Floor, Right Wing, Electoral Tribunal Building.
WHAT are the requirements?
1. The election protest should state the following information:
a. The date of proclamation of the winner and the number of votes obtained by the parties per proclamation;
b. The total number of contested individual and clustered precincts per municipality or city;
c. The individual and clustered precinct numbers and location of the contested precincts;
d. The specific acts or omissions complained of constituting the electoral frauds, anomalies or irregularities in the contested precincts; and
e. A statement as to whether or not there is a need for a revision of ballots.
2. The election protest must be verified, or should contain an affidavit that the affiant has read it and that the allegations therein are true and correct based on affiant's personal knowledge or authentic records.
3. The election protest hall contain a sworn certification that: (a) protestant has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his or her knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if protestant should thereafter learn that the same or similar action or claim has been filed or is pending, he or she shall report that fact within five (5) days therefrom to the Tribunal.
4. The election protest shall be filed either personally with the Office of the Secretary of the Tribunal or by registered mail addressed to the Secretary of the Tribunal, together with fifteen (15) clearly legible copies thereof.
If filed by registered mail, it shall likewise be accompanied by a postal money order to cover the filing fees and cash deposit as prescribed by these Rules.
5. The required legal fees must be paid.
WHAT are the legal fees to be paid?
1. Php 20, 000.00 Filing fee
2. If a claim for damages or attorney’s fees is set forth in a protest or counter-protest, an additional filing fee shall be paid, which shall be, if the sum claimed is:
a. More than Php 20,000.00 but less than Php 40,000.00 ………. Php 1,000.00
b. Php 40,000.00 or more but less than Php 60,000.00 ………. Php 1,500.00
c. Php 60,000.00 or more but less than Php 80,000.00 ....……. Php 2,000.00
d. Php 80,000.00 or more but less than Php 100,000.00 .………. Php 2,500.00
e. Php 100,000.00 or more but less than Php 150,000.00..….…... Php 3,000.00
f. For every P 1,000.00 in excess of Php 150,000.00 ……….... Php 100.00
3. Cash deposit in the following amounts:
a. If the protest or counter-protest does not require the bringing to the Tribunal of the ballot boxes, copies of election returns as well as other election documents and paraphernalia from the district concerned, ten thousand pesos (Php 10,000.00) to be paid within ten (10) calendar days after the filing of the protest or counter-protest.
b. If the protest or counter-protest requires the bringing of ballot boxes, copies of election returns and other election documents and paraphernalia, three thousand pesos (Php 3,000.00) for each clustered precinct involved therein. If, as thus computed, the amount of the deposit does not exceed one hundred fifty thousand pesos (Php 150,000.00), the same shall be paid in full with the Tribunal within ten (10) calendar days after the filing of the protest or counter-protest.
c. If the required deposit exceeds one hundred fifty thousand pesos (Php 150,000.00), a partial cash deposit of at least one hundred fifty thousand pesos (Php 150,000.00), shall be made within ten (10) calendar days after the filing of the protest or counter-protest. The balance shall be paid in such installments as may be required by the Tribunal on at least five (5) calendar days advance notice to the party required to make a cash deposit.
WHO may file?
Any registered voter of the congressional district concerned, or any registered voter in case of party-list representatives
WHEN to file?
Within fifteen (15) days from June 30 of the election year, if the winning candidate was proclaimed on or before said date. However, if the winning candidate was proclaimed after June 30 of the election year, a verified election protest shall be filed within fifteen (15) days from date of proclamation.
If based on the ground of citizenship, or on the grounds that occur during the term of office of the winning candidate, at anytime during the Member's tenure
WHERE to file?
At the Information System and Judicial Records Management Service (ISJRMS) Office, located at Room 301, 3rd Floor, Right Wing, Electoral Tribunal Building.
WHAT are the requirements?
1. The petition for quo warranto must be verified, or should contain an affidavit that the affiant has read the it and that the allegations therein are true and correct based on the affiant's personal knowledge or authentic records.
2. The petition for quo warranto shall contain a sworn certification that: (a) petitioner has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his or her knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if protestant should thereafter learn that the same or similar action or claim has been filed or is pending, he or she shall report that fact within five (5) days therefrom to the Tribunal.
3. The petition for quo warranto shall be filed either personally with the Office of the Secretary of the Tribunal or by registered mail addressed to the Secretary of the Tribunal, together with fifteen (15) clearly legible copies thereof. If filed by registered mail, it shall likewise be accompanied by a postal money order to cover the filing fees and cash deposit as prescribed by these Rules.
5. The required legal fees must be paid.
WHAT are the legal fees to be paid?
1. Php 20, 000.00 Filing fee
2. If a claim for damages or attorney’s fees is set forth in the petition for quo warranto, an additional filing fee shall be paid, which shall be, if the sum claimed is:
a. More than Php 20,000.00 but less than Php 40,000.00 ………. Php 1,000.00
b. Php 40,000.00 or more but less than Php 60,000.00 ………. Php 1,500.00
c. Php 60,000.00 or more but less than Php 80,000.00 ....……. Php 2,000.00
d. Php 80,000.00 or more but less than Php 100,000.00 .………. Php 2,500.00
e. Php 100,000.00 or more but less than Php 150,000.00..….…... Php 3,000.00
f. For every P 1,000.00 in excess of Php 150,000.00 ……….... Php 100.00
3. Cash deposit of ten thousand pesos (Php 10,000.00) to be paid within ten (10) calendar days after the filing of the petition.
