Tempo - Marcos poll protest affirmed

15 February 2017


The Supreme Court sitting as the Presidential Electoral Tribunal has found sufficient grounds to proceed with the election protest filed by former Sen. Ferdinand “Bongbong” R. Marcos Jr. against Vice President Leni G. Robredo.

“The Tribunal affirms its jurisdiction over the instant Protest, which is sufficient in form and substance. The protestee’s (Robredo) prayer to dismiss the Protest for lack of jurisdiction and for being insufficient in form and substance is denied,” the PET said in an eight-page resolution dated January 24 but was released to media yesterday.

”However, while the Tribunal finds the Protest sufficient in form and substance, it must be emphasized that, as to the veracity of the protestant’s allegations, nothing yet has been proved. The Protest is only sufficient for the Tribunal to proceed and give the protestant the opportunity to prove his case in accordance with the 2010 PET Rules,” it added.

The PET also said the election protest is sufficient in form and substance. “The protest contained narrations of ultimate facts on the alleged irregularities and anomalies in the contested clustered precincts, which the protestant needs to prove in due time,” the PET said.

Contrary to Robredo’s argument, the PET said they have the jurisdiction to act on the electoral protest as mandated by the 1987 Constitution.

“Section IV, Article VII of the 1987 Constitution in relation to Rule 13 of the 2010 PET Rules provides that the Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of the President and Vice President. The phrase “election, election, returns, and qualifications” refers to all matters affecting the validity of the contestee’s title, which includes questions on the validity, authenticity, and correctness of the Certificates of Canvass,” the PET said.

At the same time, it clarified that while they found the protest sufficient in form and substance, the veracity of Marcos’ allegations against Robredo have yet to be proven.