Title
Creation of Presidential Electoral Tribunal
Law
Republic Act No. 1793
Decision Date
Jun 21, 1957
An independent Presidential Electoral Tribunal, composed of the Chief Justice and ten Supreme Court justices, is established to exclusively hear and decide election contests for the President and Vice-President, ensuring a timely resolution within twenty months.
A

Quorum and Procedural Authority

  • A majority of the Tribunal constitutes a quorum to conduct business.
  • The Tribunal may create its own procedural rules for filing and hearing election contests.
  • It may authorize any three members to receive evidence.
  • All presidential election contests are to be heard and decided en banc.
  • A final decision on contests requires at least the concurrence of seven members.

Timeframe and Decision-Making Process

  • Contests must be decided within twenty months from filing.
  • Within this period, the Tribunal shall declare the winning candidate or that no candidate was elected.
  • In the event of a tie, Congress in joint session will choose the President or Vice-President.
  • The declared winner may assume office immediately upon finality of judgment, which is ten days after promulgation.
  • The Tribunal fixes the promulgation date and notifies parties in advance.
  • Motions to reopen cases are not entertained; only one motion for reconsideration per party is allowed, based on existing evidence.
  • Reconsideration petitions must be resolved within ten days.
  • Final decisions are furnished to both houses of Congress.

Administrative Officers and Support Staff

  • The Tribunal shall have a Clerk and necessary subordinate officers and employees appointed per Civil Service laws.
  • The Commission on Elections’ Attorney may be designated as Clerk of the Tribunal.
  • Other employees from the Commission on Elections and Supreme Court may be assigned to the Tribunal.
  • Officials and employees assigned work under the Tribunal's supervision and control.

Eligibility to File Election Contests and Bond Requirements

  • Only registered candidates who received at least 500,000 votes can file contests.
  • Petitions must be filed within 30 days of election result proclamation.
  • Contestants must post a bond with two sureties or deposit cash as fixed by the Tribunal to cover contest expenses.
  • The Tribunal fixes bond or deposit amounts within five days of filing.
  • Failure to comply within ten days leads to dismissal of the petition.
  • The Tribunal may adjust bond amounts as necessary during the contest.
  • Winning parties who paid expenses may recover costs from losing parties.

Powers and Enforcement Authority of the Tribunal

  • The Tribunal has judicial powers akin to courts: issuing subpoenas (including subpoenas duces tecum), taking depositions, and compelling witness attendance and production of evidence.
  • It can order compulsory payment of expenses and enforce collection through judicial officers.
  • It can punish contempt under procedures and penalties similar to superior courts.
  • Telegrams and correspondence of the Tribunal are transmitted free of charge.

Appropriation and Effectivity

  • A sum of two hundred thousand pesos is appropriated for implementing the Act.
  • The law takes effect immediately upon approval.

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