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.

Law Summary

Quorum, Rules, and Decision-Making Process

  • A majority of members constitutes a quorum.
  • The Tribunal may promulgate its own procedural rules.
  • Any three members may be authorized to receive evidence.
  • Contests are heard and decided en banc.
  • A concurrence of at least seven members is required for a final decision.

Time Limits and Finality of Decisions

  • Contests must be decided within twenty months from filing.
  • The Tribunal shall declare who is elected or if no election is valid.
  • In case of a tie, the Congress in joint session chooses the President or Vice-President by majority vote.
  • The declared winner may assume office ten days after final judgment promulgation.
  • The promulgation date is fixed and notice must be served to parties.
  • No reopening of cases is allowed; only one motion for reconsideration on existing evidence is permitted.
  • Motions for reconsideration must be resolved within ten days.
  • Final decisions are furnished to both houses of Congress.

Personnel and Administrative Structure

  • A Clerk and other employees shall be appointed under Civil Service rules.
  • The Attorney of the Commission on Elections may be designated as Clerk.
  • Employees from the Commission on Elections and Supreme Court may be assigned duties.
  • Assigned officials perform tasks under exclusive supervision and control of the Tribunal.

Filing and Bond Requirements for Election Contests

  • Only registered candidates receiving at least 500,000 votes may contest.
  • Petitions must be filed within thirty days after proclamation of election results.
  • Contestants must file a bond with two sureties or cash deposit to cover expenses and costs.
  • The Tribunal sets and may adjust bond or deposit amounts.
  • Failure to comply within ten days from notice results in dismissal.
  • Costs may be recovered from the losing party.

Powers of the Tribunal

  • Exercises powers equivalent to courts of justice.
  • May issue subpoenas, take depositions, compel witnesses, and demand production of evidence.
  • Can enforce payment for costs and expenses assessed.
  • Holds power to punish contempt according to the Rules of Court.
  • Telegrams and correspondence related to the Tribunal are transmitted free of charge.

Appropriation and Effectivity

  • Two hundred thousand pesos appropriated to implement the Act.
  • The Act takes effect upon approval (June 21, 1957).

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