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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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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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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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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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