Question & AnswerQ&A (Republic Act No. 1793)
The Presidential Electoral Tribunal is composed of eleven members: the Chief Justice of the Supreme Court who acts as the chairman, and the other ten members of the Supreme Court.
The Chief Justice of the Supreme Court is the chairman of the Presidential Electoral Tribunal.
The Chief Justice may designate any retired justice of the Supreme Court to sit temporarily as a member of the Tribunal to form a quorum. If no retired Supreme Court justices are available or insufficient, justices or retired justices of the Court of Appeals may be designated.
A majority of the Presidential Electoral Tribunal shall constitute a quorum to do business.
At least seven members of the Tribunal must concur for a final decision on presidential election contests.
The Tribunal must decide on the contest within twenty months after it is filed.
In case of a tie, one candidate shall be chosen by a majority vote of the members of Congress in joint session assembled.
The party declared elected by the Tribunal has the right to assume office as soon as the judgment becomes final, which is ten days after promulgation.
No, only motions for reconsideration based on the evidence of record are entertained, and each party may only file one such motion.
The contestant must have received at least 500,000 votes and file a petition within thirty days after the proclamation of the election results. They must also file a bond with two sureties or deposit cash to cover expenses and costs, as fixed by the Tribunal.
The Tribunal has the powers of courts of justice, including issuing subpoenas, taking depositions, compelling witness appearance and evidence production, assessing costs, and punishing contempt under Rule 64 of the Rules of Court.
Yes, the Tribunal shall have a Clerk and other officers and employees necessary for its functions, appointed in accordance with Civil Service Law and Rules.
The bond or cash deposit secures payment of all expenses and costs incidental to the election contest. The amount can be adjusted by the Tribunal, and costs may be collected from the losing party.
No, telegrams and correspondence of the Tribunal are transmitted free of charge.
Two hundred thousand pesos is appropriated to carry out the purposes of this Act.