AN ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL ELECTORAL TRIBUNAL TO TRY, HEAR AND DECIDE ELECTION CONTESTS IN THE OFFICE OF PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

• Number: Batas Pambansa Blg. 884
• Sections: 11

Section 1

SECTION 1. There shall be an independent Presidential Electoral

Tribunal, hereinafter referred to as the Tribunal, to be composed of

nine members which shall be the sole judge of all contests relating to

the election, returns and qualifications of the President and the

Vice-President of the Philippines. It shall be composed of nine members,

three of whom shall 'be the Chief Justice of the Supreme Court and two

other justices to be designated by the Chief Justice, and the remaining

six shall be chosen as follows: three to be nominated by the majority

party from among its Members in the Batasang Pambansa, and three to be

nominated by the minority party from among its Members. The Chief

Justice of the Supreme Court shall be its Chairman.

Any vacancy in the Tribunal shall be filed by nomination by the

Chief Justice, the majority party or the minority party in the Batasang

Pambansa, as the case may. be.

Section 2

SEC. 2. The oath of office of the members of the Tribunal shall be

administered by the Chief Justice of the Supreme Court not later than

fifteen days prior to the scheduled date of any presidential and

vice-presidential elections. The Chief Justice of the Supreme Court, who

shall be the Chairman, shall take his oath of office before the Speaker

of the Batasang Pambansa.

Section 3

SEC. 3. Five members of the Tribunal shall constitute a quorum to do

business. Unless otherwise specifically provided herein, it may

provide its own rules and regulations concerning the procedure in the

filing and hearing of such contests filed before it. The Tribunal shall

hear and decide en bane all presidential and vice-presidential election

contests brought under this Act, and the concurrence of at least five

members of the Tribunal shall be necessary for a final decision thereon.

Section 4

SEC. 4. The Tribunal must decide the contest within twelve months

after it is filed. In case of a tie between the candidates for President

and/or for Vice-President involved in the contest, the Tribunal shall

notify the Batasang Pambansa of such fact, in which case the President

or Vice-President, as the case may be, shall be chosen by a vote of a

majority of all the Members of the Batasang Pambansa in session

assembled.

The promulgation of the judgment shall be made on a date previously

fixed, notice of which shall be served in advance upon the parties or

their attorneys, personally or by special registered mail or by

telegram. No motion shall be entertained for the opening of a case but

only for the reconsideration of a decision based on the evidence already

of record. No party may file more than one motion for reconsideration,

copy of which shall be served upon the adverse party who shall answer it

within five days after the receipt thereof. Any petition for

reconsideration must be resolved within ten days after it is submitted

for resolution. As soon as a decision becomes final, a copy thereof

shall be furnished the Batasang Pambansa through the Speaker, and the

Commission on Elections through its Chairman, in addition to the copies

for the contestants or their attorneys.

Section 5

SEC. 5. In case the protestant is declared the winner, he shall

assume office by taking his oath in accordance with the Constitution as

soon as the judgment has become final.

Section 6

SEC. 6. The Tribunal shall have a Clerk of the Tribunal who shall be

appointed by it in accordance with its rules, and such other subordinate

officers and employees as may be necessary for the efficient

performance of ifs functions and duties shall be designated by the

Tribunal from the judiciary and other offices of the government.

Section 7

SEC. 7. Any registered candidate for President or for Vice-President

of the Philippines who received the second and third highest number of

votes may contest the election of the President or the Vice-President, as

the case may be, by filing a verified petition of contest with the

Clerk of the Tribunal within thirty days after the proclamation of the

result of the election of a purported winner.

Section 8

SEC. 8. The Tribunal shall have and exercise the same powers which,

the law confers upon the courts of justice, including the issuance of

subpoena, subpoena duces tecum, the taking" of depositions, the

arrest of witnesses for the purpose of compelling their appearance, the

production of documents and other evidence, and the compulsory ¦slice

with its orders.

Section 9

SEC. 9. The Tribunal shall have the power to recommend the immediate

prosecution of persons, either public officers or private individuals,

who in its opinion appear to have participated in any irregularity

connected with he canvassing and/or accomplishing of election returns,

including but not limited to the forging or falsification of advance

report of election returns, tampering in any manner with the election

returns, failure to affix the required signatures and thumbmarks by any

member or members of the board of election inspectors or board of

canvassers, or unnecessary delay in the sending or transmission of any

election returns or paraphernalia used in the election, or in the

transport and safekeeping of ballot The Tribunal shall be empowered to

store or deposit ballot boxes, election returns and all other election

paraphernalia in a safe and secure place under guard by. appropriate

deputies appointed by the Tribunal, and, upon formal request by the

contestants or their attorneys, the latter shall likewise be authorized

to post their own guards thereat.

The Tribunal or any of its duly authorized members shall have the

power to punish for contempt, as provided for in Rule 71 of the Revised

Rules of Court, under the same procedure and with the same penalties

provided therein and exercised by superior courts.

The telegrams, correspondence and other communications of the

Tribunal shall be transmitted without delay and free of charge.

Section 10

SEC. 10. To carry out the purposes of this Act, the amount of five

million pesos shall be appropriated out of any unappropriated funds in

the national treasury or from the Special Activities Funds as provided

for in the 1986 and subsequent General Appropriations Acts intended for

organizational purposes. The amount so provided shall be utilized for

office space, furniture, fixtures, and equipment, personal services and

other relevant operating costs, including for transport of ballot boxes

and other paraphernalia, storage and security thereof.

Should the actual expenses of the Tribunal exceed the appropriations

herein provided, the contestant shall be required to file a bond as

required by the Tribunal pursuant to its rules and regulations to answer

for the expenses that may be incurred by the Tribunal in connection

with the contest or counter-contest.

Section 11

SEC. 11. This Act shall take effect upon its approval.

Approved, December 3, 1985.