Title
Establishing Presidential Electoral Tribunal
Law
Batas Pambansa Blg. 884
Decision Date
Dec 3, 1985
An independent Presidential Electoral Tribunal, composed of nine members including the Chief Justice, is established to adjudicate election contests for the President and Vice-President, ensuring timely resolutions and the integrity of electoral processes.

Law Summary

Oath of Office

  • The members' oath is administered by the Chief Justice of the Supreme Court.
  • This must occur at least fifteen days before the scheduled presidential and vice-presidential elections.
  • The Chief Justice takes his oath before the Speaker of the Batasang Pambansa.

Procedures and Quorum

  • Five members constitute a quorum.
  • The Tribunal may establish its own rules and regulations for hearings and procedures.
  • Cases are heard and decided en banc.
  • A concurring vote of at least five members is needed for a final decision.

Decision Timeline and Tie-Breaking

  • The Tribunal must decide election contests within twelve months after filing.
  • In case of a tie, the Batasang Pambansa decides the winner by majority vote.
  • Judgments are promulgated on fixed dates with prior notice to parties.
  • Motions are limited to reconsideration based on existing evidence, with no new motions allowed after one reconsideration.
  • Decisions must be furnished to the Batasang Pambansa, the Commission on Elections, and involved parties.

Assumption of Office Upon Winning Contest

  • If a contestant is declared the winner, they must take oath and assume office immediately after final judgment.

Tribunal Staffing

  • A Clerk of the Tribunal is appointed to assist in its functions.
  • Additional subordinate officers and employees may be designated from the judiciary or other government offices.

Grounds and Filing for Election Contests

  • Only registered candidates who ranked second and third may file a contest.
  • Petitions must be filed within thirty days after proclamation of the results.

Powers of the Tribunal

  • The Tribunal exercises powers akin to courts, including issuing subpoenas and compelling witness attendance.
  • It can order the production of documents and other evidence.

Enforcement and Security Measures

  • The Tribunal can recommend prosecution for election irregularities including forgery, tampering, failure to sign, and delays.
  • It is authorized to secure election paraphernalia in guarded locations.
  • Contestants may post their own guards upon request.
  • The Tribunal can punish contempt as provided in the Revised Rules of Court.
  • Official communications are transmitted free of charge.

Appropriations and Expenses

  • Five million pesos appropriated for establishment, operational costs, and securing election materials.
  • Contests exceeding appropriations require the contestant to post a bond to cover extra expenses.

Effectivity

  • The Act takes effect upon approval.

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