Question & AnswerQ&A (Republic Act No. 1793)
The Presidential Electoral Tribunal is composed of eleven members: the Chief Justice of the Supreme Court and the other ten members of the Supreme Court. The Chief Justice serves as its chairman.
If any member of the Tribunal is unable to sit due to illness, absence, incapacity, or temporary disability, or whenever there are vacancies preventing a quorum or judgment, the Chief Justice may designate retired justices of the Supreme Court or if unavailable, justices or retired justices of the Court of Appeals to sit temporarily as members.
A majority of the members of the Presidential Electoral Tribunal constitutes a quorum to do business.
At least seven members of the Tribunal must concur to render a final decision on a presidential election contest.
The Tribunal must decide the contest within twenty months after the petition is filed.
In the event of a tie, the President or Vice-President shall be chosen by a majority vote of the members of Congress in a joint session.
Any registered candidate for President or Vice-President who received not less than five hundred thousand votes may file a petition of contest within thirty days after the proclamation of the election results.
The contestant or counter-contestant must file a bond with two sureties satisfied to the Tribunal, in an amount fixed by the Tribunal, to cover all expenses and costs incidental to the contest. Alternatively, a cash deposit may be made. Failure to comply within ten days from notice results in dismissal of the petition.
The Tribunal has the same powers as courts of justice, including issuing subpoenas, taking depositions, examining witnesses, compelling evidence production, assessing costs, enforcing payments, and punishing contempt under Rule 64 of the Rules of Court.
No, the Tribunal does not entertain motions to reopen a case but allows one motion for reconsideration based on evidence already of record.
The Tribunal appoints its Clerk and other officials and employees in accordance with Civil Service Laws and Rules, and may designate the Commission on Elections' attorney to act as Clerk.
The Tribunal shall assess, levy, and collect the expenses and costs from the losing party as part of the costs.