REPUBLIC ACT No. 1793
AN ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL ELECTORAL TRIBUNAL TO TRY, HEAR AND DECIDE PROTESTS CONTESTING THE ELECTION OF THE PRESIDENT-ELECT AND THE VICE-PRESIDENT-ELECT OF THE PHILIPPINES AND PROVIDING FOR THE MANNER OF HEARING THE SAME.
Section 1. There shall be an independent Presidential Electoral Tribunal to be composed of eleven members which shall be the sole judge of all contests relating to the election, returns, and qualifications of the president-elect and the vice-president-elect of the Philippines. It shall be composed of the Chief Justice and the other ten members of the Supreme Court. The Chief Justice shall be its chairman. If on account of illness, absence, or incapacity upon any of the grounds mentioned in section one, Rule one hundred and twenty-six of the Rules of Court, of any member of the Tribunal, or whenever, by reason of temporary disability of any member thereof, or vacancies occurring therein the requisite number of members of the Tribunal necessary to constitute a quorum or to render a judgment in any given...
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Republic Acts
An Act Constituting An Independent Presidential Electoral Tribunal To Try, Hear And Decide Protests Contesting The Election Of The President-Elect And The Vice-President-Elect Of The Philippines And Providing For The Manner Of Hearing The Same.
Republic Act No. 1793
Summary of Republic Act No. 1793
Establishment of Presidential Electoral Tribunal
- An independent Presidential Electoral Tribunal is constituted to be the sole judge of all contests relating to the election, returns, and qualifications of the president-elect and vice-president-elect of the Philippines. (Section 1)
- The Tribunal is composed of the Chief Justice and ten other members of the Supreme Court, with the Chief Justice as the chairman. (Section 1)
- In case of illness, absence, incapacity, or temporary disability of any member, or vacancies, the Chief Justice may designate retired Supreme Court justices, or Court of Appeals justices and retired Court of Appeals justices, to sit temporarily as members of the Tribunal to form a quorum or render a judgment. (Section 1)
Quorum and Decision-Making
- A majority of the Tribunal constitutes a quorum to do business. (Section 2)
- The Tribunal may promulgate its own rules and regulations governing the procedure for filing and hearing contests. (Section 2)
- The Tribunal shall hear and decide all presidential election contests in banc, and the concurrence of at least seven members is necessary for a final decision. (Section 2)
Timeline and Finality of Decision
- The Tribunal shall decide the contest within twenty months after it is filed and declare who has been elected, or in case of a tie, one of the candidates shall be chosen by a majority vote of the Congress in joint session. (Section 3)
- The party declared elected shall have the right to assume office as soon as the judgment becomes final, which is ten days after promulgation. (Section 3)
- Promulgation shall be made on a previously fixed date, with notice served to the parties or their attorneys. (Section 3)
- Only one motion for reconsideration is allowed, to be resolved within ten days after submission. (Section 3)
- A copy of the final decision shall be furnished to both houses of Congress. (Section 3)
Tribunal Staff and Resources
- The Tribunal shall have a Clerk of the Tribunal and other necessary subordinate officers and employees, appointed in accordance with the Civil Service Law and Rules. (Section 4)
- The Tribunal may designate the Chief Attorney of the Commission on Elections to act as Clerk of the Tribunal and assign other employees of the Commission on Elections and the Supreme Court to perform duties for the Tribunal. (Section 4)
Filing of Petition of Contest
- Any registered candidate for President or Vice-President who received at least 500,000 votes may contest the election by filing a petition of contest with the Clerk of the Tribunal within thirty days after the proclamation of the election result. (Section 5)
- Before taking cognizance of a petition of contest or counter-contest, the contestant or counter-contestant shall file a bond with two sureties satisfactory to the Tribunal, or deposit cash in lieu of the bond, or both, as the Tribunal may order, to answer for the payment of all expenses and costs incidental to the contest. (Section 5)
- The Tribunal shall fix the amount of the bond or cash deposit within five days from the filing of the contest or counter-contest, and if the contestant or counter-contestant fails to file the required bond or cash deposit within ten days from notice, the petition shall be dismissed. (Section 5)
- The Tribunal may order an increase or decrease in the amount of the bond or cash deposit, or order the disposition of the deposit as the course of the contest may require. (Section 5)
- In case the party who has paid the expenses and costs wins in the contest, the Tribunal shall assess, levy and collect the same as costs from the losing party. (Section 5)
Powers of the Tribunal
- The Tribunal shall have and exercise the same powers which the law confers upon the courts or justices, including the issuance of subpoenas, taking of depositions, arrest of witnesses for compelling their appearance, production of documents and other evidence, and compulsory payment of costs and expenses assessed against the parties and their bonds. (Section 6)
- The Tribunal or any of its members shall have the power to punish contempts provided for in Rule 64 of the Rules of Court, under the same procedure and with the same penalties provided therein and exercised by superior courts. (Section 6)
- The telegrams and correspondence of the Tribunal shall be transmitted free of charge. (Section 6)
Appropriation
- The sum of two hundred thousand pesos is appropriated to carry out the purposes of this Act. (Section 7)
Effectivity
- This Act shall take effect upon its approval. (Section 8)
Establishment of Presidential Electoral Tribunal
- An independent Presidential Electoral Tribunal is constituted to be the sole judge of all contests relating to the election, returns, and qualifications of the president-elect and vice-president-elect of the Philippines. (Section 1)
- The Tribunal is composed of the Chief Justice and ten other members of the Supreme Court, with the Chief Justice as the chairman. (Section 1)
- In case of illness, absence, incapacity, or temporary disability of any member, or vacancies, the Chief Justice may designate retired Supreme Court justices, or Court of Appeals justices and retired Court of Appeals justices, to sit temporarily as members of the Tribunal to form a quorum or render a judgment. (Section 1)
Quorum and Decision-Making
- A majority of the Tribunal constitutes a quorum to do business. (Section 2)
- The Tribunal may promulgate its own rules and regulations governing the procedure for filing and hearing contests. (Section 2)
- The Tribunal shall hear and decide all presidential election contests in banc, and the concurrence of at least seven members is necessary for a final decision. (Section 2)
Timeline and Finality of Decision
- The Tribunal shall decide the contest within twenty months after it is filed and declare who has been elected, or in case of a tie, one of the candidates shall be chosen by a majority vote of the Congress in joint session. (Section 3)
- The party declared elected shall have the right to assume office as soon as the judgment becomes final, which is ten days after promulgation. (Section 3)
- Promulgation shall be made on a previously fixed date, with notice served to the parties or their attorneys. (Section 3)
- Only one motion for reconsideration is allowed, to be resolved within ten days after submission. (Section 3)
- A copy of the final decision shall be furnished to both houses of Congress. (Section 3)
Tribunal Staff and Resources
- The Tribunal shall have a Clerk of the Tribunal and other necessary subordinate officers and employees, appointed in accordance with the Civil Service Law and Rules. (Section 4)
- The Tribunal may designate the Chief Attorney of the Commission on Elections to act as Clerk of the Tribunal and assign other employees of the Commission on Elections and the Supreme Court to perform duties for the Tribunal. (Section 4)
Filing of Petition of Contest
- Any registered candidate for President or Vice-President who received at least 500,000 votes may contest the election by filing a petition of contest with the Clerk of the Tribunal within thirty days after the proclamation of the election result. (Section 5)
- Before taking cognizance of a petition of contest or counter-contest, the contestant or counter-contestant shall file a bond with two sureties satisfactory to the Tribunal, or deposit cash in lieu of the bond, or both, as the Tribunal may order, to answer for the payment of all expenses and costs incidental to the contest. (Section 5)
- The Tribunal shall fix the amount of the bond or cash deposit within five days from the filing of the contest or counter-contest, and if the contestant or counter-contestant fails to file the required bond or cash deposit within ten days from notice, the petition shall be dismissed. (Section 5)
- The Tribunal may order an increase or decrease in the amount of the bond or cash deposit, or order the disposition of the deposit as the course of the contest may require. (Section 5)
- In case the party who has paid the expenses and costs wins in the contest, the Tribunal shall assess, levy and collect the same as costs from the losing party. (Section 5)
Powers of the Tribunal
- The Tribunal shall have and exercise the same powers which the law confers upon the courts or justices, including the issuance of subpoenas, taking of depositions, arrest of witnesses for compelling their appearance, production of documents and other evidence, and compulsory payment of costs and expenses assessed against the parties and their bonds. (Section 6)
- The Tribunal or any of its members shall have the power to punish contempts provided for in Rule 64 of the Rules of Court, under the same procedure and with the same penalties provided therein and exercised by superior courts. (Section 6)
- The telegrams and correspondence of the Tribunal shall be transmitted free of charge. (Section 6)
Appropriation
- The sum of two hundred thousand pesos is appropriated to carry out the purposes of this Act. (Section 7)
Effectivity
- This Act shall take effect upon its approval. (Section 8)