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PRECAUTIONARY PROTECTION ORDER
DEFINITION
Precautionary Protection Order:
Steps or measures to safeguard the integrity of all the ballot boxes and their contents, lists
of voters with voting records, books of voters, and other documents or paraphernalia used
in the election, as well as data storage devices containing electronic data evidencing the
conduct and the results of elections in the contested precincts.
Note:This definition is based on the Rules mentioned below.
LEGAL BASIS
A.. No. !"#$#%SC
T'E %"!" RULES OF T'E PRESIENTIAL ELECTORAL TRIBUNAL
Ru(e )*.Issuance of precautionary order.- Where the allegations in a protest so
warrant, the Tribunal shall, simultaneous with the issuance of summons, order the
municipal treasurer and election officer, and the responsible personnel andcustodian to take immediate steps or measures to safeguard the integrity of all the
ballot boxes and their contents, lists of voters with voting records, books of voters,
and other documents or paraphernalia used in the election, as well as data storage
devices containing electronic data evidencing the conduct and the results of
elections in the contested precincts.
COELEC RULES OF PROCEDURE ON DISPUTES IN AN AUTOATED
ELECTION SYSTE IN CONNECTION +IT' T'E AY !", %"!" ELECTIONS
Resolution No. 8804
Promulgation: 22 March 2010
Ru(e !%- roduction and !ustody of "allot "oxes, #lection $ocuments, $ata Storage
$evices, and %achines &sed in the #lections.
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PRECAUTIONARY PROTECTION ORDER
Section !.I--uance o /recautionary /rotection order.- Where the allegations in a
protest so warrant, and simultaneously with the issuance of summons, the !ommission
shall order the municipal treasurer and election officer, and the responsible personnel and
custodian to take immediate steps or measures to safeguard the integrity of all the ballot
boxes, lists of voters with voting records, books of voters and other documents or
paraphernalia used in the election, as well as data storage devices containing electronic
data evidencing the conduct and the results of elections in the contested precincts.
A.. No. !"#$#!#SC
%"!" RULES OF PROCEDURE IN ELECTION CONTEST BEFORE T'E COURTS
IN0OL0ING ELECTING UNICIPAL AND BARANGAY OFFICIALS:
RULE 1- R'$&!T(') *)$ !&ST'$+ '"*'T "'#S *)$ ##!T(')
$'!&%#)TS
SECTION !.I--uance o /recautionary /rotection order.Where the allegations in a
protest so warrant, and simultaneously with the issuance of summons, the court shall
order the municipal treasurer and election officer concerned to take immediate steps or
measures to safeguard the integrity of all the ballot boxes, lists of voters with voting
records, books of voters and other documents or paraphernalia used in the election.
ONIBUS ELECTION CODE OF T'E P'ILIPPINES
Sec. /01. reservation of the ballot boxes, their keys and disposition of their contents. -
2a3 The provincial election supervisor, the provincial treasurer and the provincial fiscalshall keep the envelope containing the keys in their possession intact during the period of
three months following the election. &pon the lapse of this period, unless the
!ommission has ordered otherwise, the provincial election supervisor and the provincial
fiscal shall deliver to the provincial treasurer the envelope containing the keys under their
custody.
xxxx
2c3 (n case of calamity or fortuitous event such as fire, flood, storm, or other similar
calamities which may actually cause damage to the ballot boxes and4or their contents, the
!ommission may authori5e the opening of said ballot boxes to salvage the ballots and
other contents by placing them in other ballot boxes, taking such other precautionary
measures as may be necessary to preserve such documents.
PRESER0ATION OF T'E BOO2 OF 0OTERS AND OT'ER ELECTION
DOCUENTS RELATI0E TO T'E PRECAUTIONARY PROTECTION ORDER
ISSUED IN PET CASE NO. ""$ ENTITLED 3ANUEL A. RO4AS 0ERSUS 5E5OAR
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PRECAUTIONARY PROTECTION ORDER
C. BINAY3 IN CONNECTION TO T'E AY &, %"!* NATIONAL, LOCAL AND AR
ELECTIONS
Resolution No. 10076
Promulgation: 10 March 2016
xxx
W6#R#*S, in Resolution )o. 1789 dated on September :7, /707, the !ommission #n
"anc resolved to preserve the "ook of ;oters and other #lection $ocuments used in the%ay 07, /707 )ational and ocal #lections relative to the recautionary rotection 'rder
2'3 dated *ugust :0, /707 issued by the residential #lectoral Tribunal 2#T3 !ase
)o. 778 entitled omar !. "inay
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PRECAUTIONARY PROTECTION ORDER
Note:The S! did not tackle the issue regarding precautionary protection order. (t merely focused
on the exhaustion of the administrative remedies.
RO4AS 9-. BINAY u-t )!, %"!"
?xx xx xx 2"3 @R*)T the separate motions of the protestant and protestee for arecautionary rotection 'rder pursuant to Rule :9 of the /707 Rules of the residential
#lectoral Tribunal. )'W, T6#R#'R#, pursuant to rule :9 of the /707 Rules of the
residential #lectoral Tribunal, +ou, the !ommission on #lections, your agents,
representatives, or persons acting in your place or stead, including the municipal
treasurers, elections officers, and the responsible personnel and custodians, are hereby
$(R#!T#$ to R#S#R;# and S*#@&*R$ the integrity of the ballot boxes, their
contents and keys, list of voters with voting records, books of voters and other documents
and paraphernalia used in the %ay /707 elections for the position of ;ice-resident of the
Republic of the hilippines, as well as the data storage devices containing the electronic
data evidencing the results of elections in the contested A9,:87 clustered precinctssub>ect of the rotest and !ounter-rotest, effective immediately and continuing until
further orders from the Tribunal. @(;#) by the authority of the 6onorable Renato !.
!orona, !hairperson of the residential #lectoral Tribunal and !hief =ustice of the
Supreme !ourt of the hilippines, this :0st day of *ugust /707B
Note:This is a mere resolution. #T !ase )o. 778 was never published nor promulgated sincethe case only reached the preliminary stages. The last action on this case was on /70:.
CAPALLA 9-. COELEC, G.R. No. %"!!!%, 5une !), %"!%
Roxas v. "inay, docketed as #T !ase )o. 778, is a rotest filed under Rule 0C of the/707 Rules of the residential #lectoral Tribunal. rotestant %anuel *. Roxas seeks the
annulment of the proclamation of protestee =e>omar !. "inay as the duly elected ;ice-resident of the Republic of the hilippines after the 07 %ay /707 synchroni5ed elections
due to
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PRECAUTIONARY PROTECTION ORDER