COMELEC RULES OF PROCEDURE

As applying to the Election Contest/Judicial Recount filed by Protestant Abelardo Abundo Sr. with the RTC Branch 42 against Protestee Jose Torres

COMELEC RULES OF PROCEDURE

PART VI
PROVISIONS GOVERNING ELECTION CONTESTS
AND QUO WARRANTO CASES BEFORE TRIAL COURT
Rule 35
Election Contests Before Courts of General Jurisdiction

Section 1. Original Jurisdiction of Regional Trial Courts. - Regional trial courts shall have exclusive original jurisdiction over contests relating to the elections, returns and qualifications involving elective municipal officials.

Sec. 17. Decision on the Contest. - The Court shall decide the election contest within thirty (30) days from the date it is submitted for decision, but in every case within six (6) months after its filing and shall declare who among the parties has been elected, or in a proper case, the none of them has been legally elected. The party who in the judgment has been declared elected shall have the right to assume the office as soon as the judgment becomes final.

Sec. 19. Promulgation and Finality of 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. 20. Notice of Final Decision. - As soon as decision declaring the election of the winner becomes final, notice thereof shall be sent to the Commission on Elections, the Department of Local Government and the Commission on Audit. If the decision be that none of the parties has been legally elected, the Clerk of Court shall certify such decision to the President of the Philippines and to the Commission on Elections.

Sec. 21. Appeal. - From any decision rendered by the court the aggrieved party may appeal to the Commission on Elections within five (5) days after the promulgation of the decision.

PART VII
ELEVATION OF DECISIONS TO THE SUPREME COURT
Rule 37
Review of Decisions of the Commission

Sec. 2. Non-reviewable Decisions. - Decisions in appeals from courts of general or limited jurisdiction in election cases relating to the elections, returns, and qualifications of municipal and barangay officials are not appealable.