Вы находитесь на странице: 1из 2

BATAS PAMBANSA BLG.

883 AN ACT CONSTITUTING AN INDEPENDENT PRESIDENTIAL ELECTORAL TRIBUNAL TO TRY, HEAR AND DECIDE ELECTION CONTESTS IN THE OFFICE OF PRESIDENT AND VICEPRESIDENT OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Sectio !. There shall be an independent Presidential Electoral Tribunal, hereinafter referred to as the Tribunal, to be composed of the nine members which shall be the sole judge of all contests relating to the election, returns and qualifications of the President and the Vice-President of the Philippines. It shall be composed of nine members, three of whom shall be the Chief ustice of the !upreme Court and two other justices to be designated b" the Chief ustice, and the remaining si# shall be chosen as follows$ three to be nominated b" the majorit" part" from among its %embers in the &atasang Pambansa, and three to be nominated b" the minorit" part" from among its %embers. The Chief ustice of the !upreme Court shall be its Chairman. 'n" (acanc" in the Tribunal shall be filed b" nomination b" the Chief ustice, the majorit" part" or the minorit" part" in the &atasang Pambansa, as the case ma" be. Sectio ". The oath of office of the members of the Tribunal shall be administered b" the Chief ustice of the !upreme Court not later than fifteen da"s prior to the scheduled date of an" presidential and (ice-presidential elections. The Chief ustice of the !upreme Court, who shall be the Chairman, shall ta)e his oath of office before the !pea)er of the &atasang Pambansa. Sectio 3. *i(e members of the Tribunal shall constitute a quorum to do business. +nless otherwise specificall" pro(ided herein, it ma" pro(ide its own rules and regulations concerning the procedure in the filing and hearing of such contests filed before it. The Tribunal shall hear and decide en banc all presidential and (ice-presidential election contests brought under this 'ct, and the concurrence of at least fi(e members of the Tribunal shall be necessar" for a final decision thereon.
alf

Sectio #. The Tribunal must decide the contest within twel(e months after it is filed. In case of a tie between the candidates for President and,or for Vice-President in(ol(ed in the contest, the Tribunal shall notif" the &atasang Pambansa of such fact, in which case the President or Vice-President, as the case ma" be, shall be chosen b" a (ote of a majorit" of all the %embers of the &atasang Pambansa in session assembled. The promulgation of the judgment shall be made on a date pre(iousl" fi#ed, notice of which shall be ser(ed in ad(ance upon the parties or their attorne"s, personall" or b" special registered mail or b" telegram. -o motion shall be entertained for the opening of a case but onl" for the reconsideration of a decision based on the e(idence alread" of record. -o part" ma" file more than one motion for reconsideration, cop" of which shall be ser(ed upon the ad(erse part" who shall answer it within fi(e da"s after the receipt thereof. 'n" petition for reconsideration must be resol(ed within ten da"s after it is submitted for resolution. 's soon as a decision becomes final, a cop" thereof shall be furnished the &atasang Pambansa through the !pea)er, and the Commission on Elections through its Chairman, in addition to the copies for the contestants or their attorne"s. Sectio $. In case the protestant is declared the winner, he shall assume office b" ta)ing his oath in accordance with Constitution as soon as the judgment has become final. Sectio %. The Tribunal shall ha(e a Cler) of the Tribunal who shall be appointed b" it in accordance with its rules, and such other subordinate officers and emplo"ees as ma" be necessar"

for the efficient performance of its functions and duties shall be designated b" the Tribunal from the judiciar" and other officers of the go(ernment. Sectio &. 'n" registered candidate for President or for Vice-President of the Philippines who recei(ed the second and third highest number of (otes ma" contest the election of the President or the Vice-President, as the case ma" be, b" filing a (erified petition of contest with the Cler) of the Tribunal within thirt" da"s after the proclamation of the result of the election of a purported winner. Sectio 8. The Tribunal shall ha(e and e#ercise the same powers which the law confers upon the courts of justice, including the issuance of subpoena, subpoena duces tecum, the ta)ing of depositions, the arrest of witnesses for the purpose of compelling their appearance, the production of documents and other e(idence, and the compulsor" compliance with its orders. Sectio '. The Tribunal shall ha(e the power to recommend the immediate prosecution of persons, either public officers or pri(ate indi(iduals, who in its opinion appear to ha(e participated in an" irregularit" connected with the can(assing and,or accomplishing of election returns, including but not limited to the forging or falsification of ad(ance report of election returns, tampering in an" manner with the election returns, failure to affi# the required signatures and thumbmar)s b" an" member or members of the board of election inspectors or board of can(assers, or unnecessar" dela" in the sending or transmission of an" election returns or paraphernalia used in the election, or in the transport and safe)eeping of ballot bo#es. The Tribunal shall be empowered to store or deposit ballot bo#es, election returns and all other election paraphernalia in a safe and secure place under guard b" appropriate deputies appointed b" the Tribunal, and, upon formal request b" the contestants or their attorne"s, the latter shall li)ewise be authori.ed to post their own guards thereat. The Tribunal or an" of its dul" authori.ed members shall ha(e the power to punish for contempt, as pro(ided for in /ule 01 of the /e(ised /ules of Court, under the same procedure and with the same penalties pro(ided therein and e#ercised b" superior courts. The telegrams, correspondence and other communications of the Tribunal shall be transmitted without dela" and free of charge.
1awphi1

Sectio !(. To carr" out the purposes of this 'ct, the amount of fi(e million pesos shall be appropriated out of an" unappropriated funds in the national treasur" or from the !pecial 'cti(ities *unds as pro(ided for in the 1234 and subsequent 5eneral 'ppropriations 'cts intended for organi.ational purposes. The amount so pro(ided shall be utili.ed for office space, furniture, fi#tures, and equipment, personal ser(ices and other rele(ant operating costs, including for transport of ballot bo#es and other paraphernalia, storage and securit" thereof. !hould the actual e#penses of the Tribunal e#ceed the appropriations herein pro(ided, the contestant shall be required to file a bond as required b" the Tribunal pursuant to its rules and regulations to answer for the e#penses that ma" be incurred b" the Tribunal in connection with the contest or counter-contest. Sectio !!. This 'ct shall ta)e effect upon its appro(al. 'ppro(ed, 6ecember 7, 1238.