BATAS PAMBANSA BLG. 883
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
Section 1. There shall be an independent Presidential Electoral Tribunal, hereinafter referred to as the Tribunal, to be composed of the 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...
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Batas Pambansa
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
Batas Pambansa Blg. 884
Summary of Batas Pambansa Blg. 883
Establishment of an Independent Presidential Electoral Tribunal
- An independent Presidential Electoral Tribunal shall be constituted to try, hear, and decide election contests for the offices of President and Vice-President of the Philippines. (Section 1)
- The Tribunal shall consist of nine members: the Chief Justice of the Supreme Court (as Chairman), two other Supreme Court Justices designated by the Chief Justice, three members nominated by the majority party in the Batasang Pambansa, and three members nominated by the minority party in the Batasang Pambansa. (Section 1)
- Vacancies in the Tribunal shall be filled by nominations from the Chief Justice, majority party, or minority party, as applicable. (Section 1)
Oath of Office and Quorum
- Members of the Tribunal shall take their oath of office administered by the Chief Justice not later than fifteen days before the scheduled presidential and vice-presidential elections. (Section 2)
- Five members shall constitute a quorum, and the concurrence of at least five members is necessary for a final decision. (Section 3)
Procedures and Timelines
- The Tribunal shall provide its own rules and regulations concerning the procedure for filing and hearing contests. (Section 3)
- The Tribunal must decide the contest within twelve months after it is filed. (Section 4)
- In case of a tie, the Batasang Pambansa shall choose the President or Vice-President by a majority vote. (Section 4)
- The judgment shall be promulgated on a fixed date, with notice served to the parties. (Section 4)
- Only one motion for reconsideration based on evidence of record is allowed, which must be resolved within ten days. (Section 4)
- The final decision shall be furnished to the Batasang Pambansa and the Commission on Elections. (Section 4)
Assumption of Office
- If the protestant is declared the winner, they shall assume office by taking the oath in accordance with the Constitution as soon as the judgment becomes final. (Section 5)
Tribunal Staff and Powers
- The Tribunal shall have a Clerk and other necessary staff appointed from the judiciary and other government offices. (Section 6)
- The Tribunal shall have the same powers as courts of justice, including issuing subpoenas, taking depositions, compelling witness attendance and evidence production, and enforcing compliance with its orders. (Section 8)
- The Tribunal can recommend prosecution of individuals involved in election irregularities and has the power to punish for contempt. (Section 9)
- The Tribunal's communications shall be transmitted without delay and free of charge. (Section 9)
Filing of Contests
- Any registered candidate for President or Vice-President who received the second or third highest number of votes may contest the election by filing a verified petition with the Clerk of the Tribunal within thirty days after the proclamation of the purported winner. (Section 7)
Funding and Expenses
- An appropriation of five million pesos shall be made from unappropriated funds or the Special Activities Funds for organizational purposes, including office space, equipment, personal services, and operating costs. (Section 10)
- If expenses exceed the appropriation, the contestant shall file a bond as required by the Tribunal to cover additional expenses. (Section 10)
Effectivity
- The Act shall take effect upon its approval. (Section 11)
Establishment of an Independent Presidential Electoral Tribunal
- An independent Presidential Electoral Tribunal shall be constituted to try, hear, and decide election contests for the offices of President and Vice-President of the Philippines. (Section 1)
- The Tribunal shall consist of nine members: the Chief Justice of the Supreme Court (as Chairman), two other Supreme Court Justices designated by the Chief Justice, three members nominated by the majority party in the Batasang Pambansa, and three members nominated by the minority party in the Batasang Pambansa. (Section 1)
- Vacancies in the Tribunal shall be filled by nominations from the Chief Justice, majority party, or minority party, as applicable. (Section 1)
Oath of Office and Quorum
- Members of the Tribunal shall take their oath of office administered by the Chief Justice not later than fifteen days before the scheduled presidential and vice-presidential elections. (Section 2)
- Five members shall constitute a quorum, and the concurrence of at least five members is necessary for a final decision. (Section 3)
Procedures and Timelines
- The Tribunal shall provide its own rules and regulations concerning the procedure for filing and hearing contests. (Section 3)
- The Tribunal must decide the contest within twelve months after it is filed. (Section 4)
- In case of a tie, the Batasang Pambansa shall choose the President or Vice-President by a majority vote. (Section 4)
- The judgment shall be promulgated on a fixed date, with notice served to the parties. (Section 4)
- Only one motion for reconsideration based on evidence of record is allowed, which must be resolved within ten days. (Section 4)
- The final decision shall be furnished to the Batasang Pambansa and the Commission on Elections. (Section 4)
Assumption of Office
- If the protestant is declared the winner, they shall assume office by taking the oath in accordance with the Constitution as soon as the judgment becomes final. (Section 5)
Tribunal Staff and Powers
- The Tribunal shall have a Clerk and other necessary staff appointed from the judiciary and other government offices. (Section 6)
- The Tribunal shall have the same powers as courts of justice, including issuing subpoenas, taking depositions, compelling witness attendance and evidence production, and enforcing compliance with its orders. (Section 8)
- The Tribunal can recommend prosecution of individuals involved in election irregularities and has the power to punish for contempt. (Section 9)
- The Tribunal's communications shall be transmitted without delay and free of charge. (Section 9)
Filing of Contests
- Any registered candidate for President or Vice-President who received the second or third highest number of votes may contest the election by filing a verified petition with the Clerk of the Tribunal within thirty days after the proclamation of the purported winner. (Section 7)
Funding and Expenses
- An appropriation of five million pesos shall be made from unappropriated funds or the Special Activities Funds for organizational purposes, including office space, equipment, personal services, and operating costs. (Section 10)
- If expenses exceed the appropriation, the contestant shall file a bond as required by the Tribunal to cover additional expenses. (Section 10)
Effectivity
- The Act shall take effect upon its approval. (Section 11)