We are not at all surprised with the COMELEC position. The conspiracy is so clear and the co-conspirator is not expected to admit it.
The purpose of the election protest is primarily to question how the COMELEC, then under the tutelage of the disgraced and impeached Andres Bautista, have misconducted the election, undertaken a false canvassing and manipulated the transmission of results in favor of Mrs. Robredo.
By COMELEC's own admission that it is only the Supreme Court, sitting as the Electoral Tribunal, that has sole and exclusive jurisdiction to try and decide cases involving the qualification, election and returns for the position of Vice President, it had effectively divested itself of any legal standing to rule on any matter pending before the PET.
As it was made suspiciously four months after the May 2016 elections and as an after thought in support of Robredo's belated assertions, COMELEC's position on the threshold percentage is not only patently illegal but at best meant to justify the cheating done to favor Mrs. Robredo and sway the public opinion to generate support on her continuing attempt to cheat even more.