Title
Establishment of Presidential Electoral Tribunal
Law
Republic Act No. 1793
Decision Date
Jun 21, 1957
The Independent Presidential Electoral Tribunal (PET) in the Philippines, composed of eleven members including the Chief Justice, serves as the sole judge of all contests relating to the election, returns, and qualifications of the president-elect and vice-president-elect, with a final decision requiring the concurrence of at least seven members of the Tribunal.

Quorum, voting, and tribunal rules

  • Section 2 provides that a majority of the Presidential Electoral Tribunal constitutes a quorum to do business.
  • Unless otherwise specifically provided, Section 2 allows the Tribunal to promulgate its own rules and regulations for procedure in filing and hearing election contests.
  • Section 2 authorizes the Tribunal to authorize any three of its members to receive evidence.
  • Section 2 requires that the Tribunal hear and decide presidential election contests in banc.
  • Section 2 requires the concurrence of at least seven members for a final decision.

Timelines and final election results

  • Section 3 requires the Tribunal to decide a contest within twenty months after it is filed.
  • Within that period, Section 3 mandates the Tribunal to declare who among the parties has been elected, or, in the proper case, that none has been elected.
  • If there is a tie between candidates for President or Vice-President involved in the contest, Section 3 requires selection of the President or Vice-President by a majority vote of the members of the Congress in joint session assembled.
  • Section 3 grants the party declared elected the right to assume office as soon as the judgment becomes final.
  • Section 3 fixes finality and final-election mechanics: judgment becomes final ten days after promulgation, and there must be a fixed promulgation date with notice served on the parties or their attorneys personally or by registered mail or by telegraph.
  • Section 3 bars reopening of a case and allows only reconsideration based on the evidence already of record.
  • Section 3 limits motions for reconsideration: a party may file not more than one, with a copy served on the adverse party who must answer within five days from receipt.
  • Section 3 requires resolution of any petition for reconsideration within ten days after submission for solution.
  • Section 3 requires that once a decision becomes final, a copy must be furnished to both houses of Congress.

Clerk and support personnel

  • Section 4 creates a Clerk of the Tribunal and authorizes other subordinate officers and employees necessary for efficient performance of Tribunal functions.
  • Section 4 provides that these personnel are appointed by the Tribunal in accordance with the Civil Service Law and Rules.
  • Section 4 authorizes the Tribunal to designate the Attorney of the Commission on Elections to act as Clerk of the Tribunal.
  • Section 4 allows the Tribunal to assign other employees of the Commission on Elections and of the Supreme Court as necessary for functions connected with Tribunal operations.
  • Section 4 provides that assigned officials and employees perform duties and functions under the exclusive supervision and control of the Tribunal.

Who may file a presidential contest

  • Section 5 grants standing to any registered candidate for President or for Vice-President of the Philippines who received not less than five hundred thousand votes.
  • Section 5 requires a petition of contest to be filed with the Clerk of the Presidential Electoral Tribunal within thirty days after the proclamation of the result of the election.
  • Before cognizance is taken, Section 5 requires the contestant or counter-contestant to file a bond with two sureties satisfactory to the Tribunal in an amount fixed by the Tribunal, to answer for payment of all expenses and costs incidental to the contest.
  • Section 5 also allows cash in lieu of bond: the contestant or counter-contestant may deposit cash with the Tribunal in lieu of the bond, or both, as ordered by the Tribunal.
  • Section 5 sets bond/cash timing and dismissal consequence: within five days from filing, the Tribunal fixes the amount; if the contestant/counter-contestant fails to file the required bond/cash within ten days from notice, the petition is dismissed.
  • Section 5 authorizes the Tribunal, for good reason, to increase or decrease the bond or cash deposit from time to time, or order disposition of the deposit as the course of the contest requires.
  • Section 5 requires cost shifting upon success: if the party who paid expenses and costs wins, the Tribunal must assess, levy, and collect the same as costs from the losing party.

Tribunal powers and contempt authority

  • Section 6 grants the Tribunal and its members powers equivalent to courts of justice, including issuing subpoenas, compelling the production of documents and other evidence, taking depositions, and compelling witness appearance for hearings.
  • Section 6 authorizes the Tribunal to enforce payment of costs and expenses assessed against parties and to enforce such payment through the officers charged with enforcement of judicial orders.
  • Section 6 empowers the Tribunal and any of its members to punish contempts under Rule 64 of the Rules of Court, using the same procedure and with the same penalties as exercised by superior courts.
  • Section 6 mandates that telegrams and correspondence of the Tribunal be transmitted free of charge.

Appropriation and effectivity

  • Section 7 appropriates PHP 200,000 to carry out the purposes of the Act.
  • Section 8 provides that the Act takes effect upon its approval.
  • The Act was approved June 21, 1957.

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