RULE 35. Cash Deposit. – In addition to the fees prescribed in the preceding Rule, each protestant, counter-protestant or petitioner in quo warranto shall make a cash deposit with the Tribunal in the following amounts:
(1) In a petition for quo warranto, ten thousand pesos (P 10,000.00) to be paid within ten (10) calendar days after the filing of the petition.
(2) 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 (P 10,000.00) to be paid within ten (10) calendar days after the filing of the protest or counter-protest.
(3) 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 (P 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 (P 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.
(4) If the required deposit exceeds one hundred fifty thousand pesos (P 150,000.00), a partial cash deposit of at least one hundred fifty thousand pesos (P 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. The cash deposit shall be applied by the Tribunal to the payment of all expenses incidental to the disposition of the case, including, but not limited to, in the case of protest, the bringing of the ballot boxes, copies of election returns as well as other election documents and paraphernalia to the Tribunal, and returning them to their original official custodians after the case is terminated, storage fees, the compensation of the Revisors, expenses relating to technical examination incidental to the revision but not limited to essential supplies and services, and other miscellaneous expenses (i.e. padlocks, self-locking seals, customized envelopes, and copying of electronic data contained in data storage devices) and all other expenses relating to the proceedings and adjudication of the protest or petition.
Failure to pay the cash deposit within the prescribed period shall be a ground for the dismissal of the protest, counter-protest or petition. Any unused cash deposit shall be returned to the party or parties who paid the same after complete termination of the protest, counter-protest or petition for quo warranto. Any unused cash deposit which remains unclaimed for a period of two years from receipt of notice authorizing release thereof shall be deemed forfeited in favor of the Tribunal.
When circumstances so demand, the Tribunal may require additional cash deposit. If a party fails to make the additional cash deposits within the period prescribed by the Tribunal, it may dismiss the protest or counter-protest.