Section 41
SEC. 41. Common rules governing judicial proceedings in the matter of inclusion, exclusion, and correction of names of voters. — (a) Outside of the regular office hours no application for inclusion, exclusion, or correction of names of voters shall be received. (b) Notices to the members of the citizens election committees and to the challenged voters shall state the place, day and hour in which such application or motion shall be heard, and such notice may be made by sending a copy thereof by registered mail or by personal delivery to them, or by leaving it in the possession of a person of sufficient discretion in the residence of the said persons, or, in the event that the foregoing procedure is not practicable, by posting a copy in a conspicuous place in the municipal building and in two other conspicuous places within the municipality, at least ten days prior to the day set for the hearing. In the interest of justice and to afford the challenged voter all the opportunities to contest the applicant for exclusion, the court concerned may, when the challenged voter fails to appear on the first day set for the hearing, order that notice be effected in such manner and within such period of time as he may decide, which time shall in no case be more than ten days from the day the respondent is first bound in default. (c) Each application shall refer to only one voting. (d) No costs shall be assessed in these proceedings. However, if the court should be satisfied that the application has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, he may condemn the culpable party to pay the costs and incidental expenses. (e) Any candidate who may be affected by the proceedings may intervene and present his evidence. (f) The decision shall be based on the evidence presented. If the question is whether or not the voter is real or fictitious his non-appearance on the day set for hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts. (g) These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within ten days from the date of its filing in court. Cases appealed to the Regional Trial Court shall be decided within ten days from receipt of the appeal in the office of the clerk of court. In any case, the court shall decide these petitions not later than the day before the election and the decision rendered thereon shall be immediately final and executory, notwithstanding the provisions of Sec. 37 on the finality of decisions.