Tuesday, November 9, 2010

Fourth Judicial Region received most number of protest cases

The Fourth Judicial Region received the most number of election protests filed in connection with the 10 May 2010 elections.

In the preliminary data gathered from the Court Management Office (CMO) of the Supreme Court, 30 protest cases were filed in the regional trial courts in the Fourth Judicial Region while 20 protest cases were filed in the Eighth and the Ninth Judicial Regions. The Fifth Judicial Region received the least number of election protests.


Judicial Regions

Summarily Dismissed

Given Due Course

Total

First Judicial Region

5

5

10

Second Judicial Region

2

2

4

Third Judicial Region

14

14

Fourth Judicial Region

7

23

30

Fifth Judicial Region

1

2

3

Sixth Judicial Region

4

4

Seventh Judicial Region

5

5

Eighth Judicial Region

3

17

20

Ninth Judicial Region

2

3

5

Tenth Judicial Region

3

17

20

Eleventh Judicial Region

1

6

7

Twelfth Judicial Region

6

7

13

Total

30

105

135

Friday, November 5, 2010

1 in every 5 protests filed in RTCs summarily dismissed

Data from the Court Management Office (CMO) of the Supreme Court revealed that at least one in every five protest cases filed in the regional trial courts in connection with the first nationwide automated elections on 10 May 2010 were summarily dismissed. The CMO data showed that 30 protest cases were summarily dismissed while 105 cases were given due course.

As per Rule 2, section 12 of A.M. No. 10-4-1-SC, the court may summarily dismiss an election protest, on any of the following grounds:

(a) The court has no jurisdiction over the subject matter;
(b) The petition is insufficient in form and content as required under Section 10;
(c) The petition is filed beyond the period prescribed in these Rules;
(d) The filling fee is not paid within the period for filling the election protest or petition for quo warranto; and
(e) In a protest case where cash deposit is required, the deposit is not paid within five (5) days from the filling of the protest.

The court may likewise dismiss the case for the failure of the protestant to appear in the preliminary conference (A.M. No. 10-4-1-SC, Rule 9, sec. 6).

Of the 30 cases summarily dismissed, 16 were due to insufficiency of the petitions in form and content, 7 due to failure to pay docket fees and cash deposits, while 3 for failure of the protestant to appear the preliminary conference. The other cases were dismissed for being filed beyond the prescribed period of 10 days from the date of the proclamation (Rule2. sec. 7, A.M. No. 10-4-1-SC).