Weekly Updates

 

Week 102: June 11 – 17, 2018

On 13 June 2018, BBM received a Letter from the COMELEC reiterating its request for the temporary custody of fifty-six (56) ballot boxes and other election-related documents from Calatagan, Batangas due to the pending appeal of Pantoja vs. Palacio.

(click here to see the 13 June 2018 Letter from the COMELEC)

On 13 June 2018, BBM received a Letter from the COMELEC reiterating its request for the temporary custody of two (2) ballot boxes and other election-related documents from South Upi, Maguindanao due to to the pending appeal of Platon vs. Insular.

(click here to see the 13 June 2018 Letter  from the COMELEC)

On 14 June 2018, BBM received a Notice from the COMELEC wherein it ordered the inventory and subsequent delivery to the PET of twenty-five (25) ballot boxes and other election-related documents from Siruma, Camarines Sur on 19 June 2018.

(click here to see the 14 June 2018 Notice from the COMELEC)

On 14 June 2018, BBM received a Notice from the COMELEC regarding the transfer of certain Secure Digital (SD) cards which were used during the May 2016 elections.

(click here to see the 14 June 2018 Notice from the COMELEC)

After 102 weeks (or roughly 718 days) :

• The PET still has to complete the manual recount of votes from Camarines Sur

** there are ballot boxes remaining from 368 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there are ballot boxes remaining from 25 clustered precincts at the RTC due to the election protest of Carina Ramos-Polinga vs Sandy Ondis

** there are ballot boxes remaining from 10 clustered precincts at the COMELEC – RMAT from the municipalities of Buhi, Garchitorena, Iriga City, Minalabac, Nabua, Presentacion, Ragay and Tigaon

• The PET has begun the manual recount of votes from Iloilo
[per undertaking # 11 of 21]

After Camarines Sur & Iloilo, the remaining “pilot province” is Negros Oriental.

 


Week 101: June 4 – 10, 2018

On 4 June 2018, BBM received a Letter from the COMELEC informing him that the Commission will “access” the Memory Configuration Area in its Sta. Rosa, Laguna warehouse in order to repair “the damaged portion of the ceiling”.

(click here to see the 29 May 2018 Letter from the COMELEC)

After 101 weeks (or roughly 711 days) :

• The PET still has to complete the manual recount of votes from Camarines Sur

** there are ballot boxes remaining from 368 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there are ballot boxes remaining from 25 clustered precincts at the RTC due to the election protest of Carina Ramos-Polinga vs Sandy Ondis

** there are ballot boxes remaining from 10 clustered precincts at the COMELEC – RMAT from the municipalities of Buhi, GarchitorenaIriga City, Minalabac, Nabua, Presentacion, Ragay and Tigaon

• The PET has begun the manual recount of votes from Iloilo
[per undertaking # 11 of 21]

After Camarines Sur & Iloilo, the remaining “pilot province” is Negros Oriental.

 


Week 100: May 28 – June 3, 2018

On 28 May 2018, BBM filed his Comment / Opposition to Robredo’s Urgent Motion for Reconsideration with [respect] x x x to the 25% Percent Threshold Percentage in the x x x Appreciation of Ballots.

It is BBM’s contention that Robredo is misleading the PET by insisting that the 25% shading threshold be applied in determining whether a vote should be counted or not.

Contrary to Robredo’s claim, there was never any categorical declaration in COMELEC Resolution No. 16-0600 saying that the 25% threshold would be applied to the revisors’ appreciation of ballots in an election protest. In fact, the said Resolution clearly stated that the 25% threshold would be applied only to the Random Manual Audit Teams (RMAT).

Under the current Revision and Preliminary Appreciation Guidelines of the Senate Electoral Tribunal (SET), “ballots with mark(s) or shade(s) [that are] less than 50% of the oval [will be] segregated and classified as stray.”  The SET Rule is analogous with Section 43 (l) of the 2010 PET Rules which likewise states that “marks or shades which are less than 50% of the oval shall not be considered as valid votes.”

If Robredo wanted to apply the 25% shading threshold, she should have moved for the amendment of Rule 43 (l) of the 2010 PET Rules at the earliest opportunity. Instead, she waited 2 whole years and filed her Motion right after the revision proceedings had began. She should not be allowed to change the rules of the game at this late stage.

(click here to see the 28 May 2018 Comment from BBM)

On 1 June 2018, BBM received a Motion from the COMELEC, requesting for 15 days additional time to comment on Robredo’s Urgent Motion for Reconsideration with [respect] x x x to the 25% Percent Threshold Percentage in the x x x Appreciation of Ballots.

(click here to see the 1 June 2018 Notice from the COMELEC)

After 100 weeks (or roughly 704 days), the PET :

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2)  “pilot provinces” are Iloilo & Negros Oriental.

 


Week 99: May 21 – 27, 2018

On 23 May 2018, BBM received a Notice from the COMELEC regarding the on-going election protest of Tan vs. Hataman.

In the said Notice, the COMELEC resolved to :

1. Note the Letter from the SET confirming the recount proceedings on May 28 to 30, 2018;

2. Note the Letter from the HRET confirming the recount proceedings on May 31 to June 1, 2018;

3. Create four (4) Committees to conduct the recount proceedings for the pilot protested precincts;

4. Direct the Recount Committees to proceed to the SET and the HRET on the above-mentioned dates and complete the recount with dispatch.  Each committee shall finish two (2) ballot boxes a day;

5. Direct the parties to send their respective revisors to the recount proceedings;

6. Direct the parties’ counsel of record to make sure that their revisors are punctual;

7. Remind the parties that only those wearing the proper ID Cards will be allowed entry to the revision area;

8. Inform the parties about the honorarium and meal allowance of various personnel;

9. Inform the parties of the security arrangements during the said recount;

10. Direct the protestant to coordinate with the respective tribunals regarding the miscellaneous expenses that will be incurred during the recount proceedings.

(click here to see the 23 May 2018 Notice from the COMELEC)

On 25 May 2018, BBM filed his Comment / Opposition to the COMELEC’s request that they be allowed to clone or back up the Election Management System Servers (EMS) used during the May 2016 elections.

BBM argued that since the EMS Servers are considered the core and/or brain  in an automated election, tampering with the same would automatically erase any and all traces of “footprints” which were stored in the system. This is precisely why the PET issued a Precautionary Protection Order (PPO)— in order to safeguard the contents of the servers.

The question that needs to be raised, according to BBM, is “why would the COMELEC want to erase the information contained in the EMS?”

(click here to see the 25 May 2018 Comment / Opposition from BBM)

After 99 weeks (or roughly 697 days), the PET:

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 98: May 14 – 20, 2018

On 15 May 2018, BBM received a Notice from the PET requiring him and Robredo to Comment on the Manifestation and Motion of the COMELEC regarding the lifting of the Precautionary Protection Order (PPO) on the Election Management System Servers (EMS) used during the May 9, 2016 elections.

The PET further resolved to :

1. Note and Grant the request of the COMELEC Election Officer in Puerto Princesa City, Palawan to borrow the Book of Voters currently in the custody of the Tribunal for the recall petition against Vice Mayor Luis M. Marcaida III, provided that the verification be conducted within the premises of the Tribunal;

2. Note the Letter of the COMELEC Administrative Services specifying the list of boxes (canvassing kits) where Broadband Global Access Network (BGAN) units, GPRS modems and headphones may have been deposited after the May 2016 elections; and

3. Grant the request of the COMELEC that it be allowed to open the ballot boxes to enable them to retrieve and recover the missing or unreturned BGAN units, GPRS modems and headphones which were consigned to the various Boards of Canvassers during the May 2016 elections.

The PET also Authorized :

1. The conducting a Revision Training Seminar by the PET Ad Hoc Committee on April 5 and 6, 2018 at the Public Information Office in the Supreme Court building;

2. The attendance of twenty-five (25) participants for the said seminar;

3. The use of multi-media equipment for the duration of the seminar;

4. The PhP 16,900.- expenditure chargeable against the regular fund of the Tribunal;

5. The payment of PhP 16,900.- as part of the seminar expenses;

With respect to the hiring of contractual personnel, the Tribunal also Approved:

1. The hiring of 37 applicants in connection with BBM’s protest for an initial period of 6 months; and

2. The salary adjustment of the contractual lawyers for the Panel of Commissioners from PhP 30,000.- to PhP 50,000.- per month.

(click here to see the 15 May 2018 Notice from the PET)

On 15 May 2018, BBM received a Notice from the COMELEC informing the parties that the Voter’s Registration Records (VRRs) and the Election Day Computerized Voters List (EDCVLs) originating from the COMELEC’s Philpost Warehouse would be delivered on Wednesday, 22 May 2018. The parties were requested to witness the proceedings.

(click here to see the 15 May 2018 Notice from the COMELEC)

On 17 May 2018, BBM received a Notice from the PET, wherein it resolved to :

1. Authorize the travel of the PET Retrieval Team to Iloilo for the purpose of collecting the ballot boxes and other election paraphernalia from 2,740 clustered precincts on May 21 to May 25, 2018;

2. Authorize the PET Ad Hoc Committee to schedule the delivery of the ballot boxes and other election paraphernalia to the designated staging area in Iloilo;

3. Direct :

i. the City Municipal Treasurers and Election Officers in Iloilo to deliver all the ballot boxes and other election paraphernalia to the designated staging area in Iloilo;

ii. the Senate Electoral Tribunal (SET) to deliver the ballot boxes and other election paraphernalia from Iloilo to the PET office in Manila; and

iii. the COMELEC and the House of Representatives Electoral Tribunal (HRET) to deliver the ballot boxes still in their possession (ie : 368 from HRET and 38 from the COMELEC) from Camarines Sur to the PET office in Manila;

4. Direct the PNP Iloilo Police Provincial Officer as well as the Chiefs of Police in Iloilo to provide adequate police security during the transporting of the ballot boxes and other election paraphernalia to the designated staging area in Iloilo;

5. Direct the Chief of Police of Manila to provide adequate police security during the transporting of the ballot boxes and other election and paraphernalia from Manila Port Area to the SC-CA gymnasium;

6. Authorize the PET Retrieval Team to reimburse the cost of transportation and trucking expenses incurred by Municipal/City Treasurers/ Election Officers in connection with the delivery & collection of the ballot boxes and other election paraphernalia in Iloilo;

7. Authorize the Philippine Postal Corporation (Philpost) to be the official “door-to-door” carrier for transporting the ballot boxes and other election paraphernalia from Iloilo to the SC-CA gymnasium;

8. Authorize the PET Clerk to enter into a contract of carriage with Philpost for the above mentioned purpose;

9. Authorize the PET Retrieval Team to augment the wages of the PET ballot box handlers and to hire 15 local haulers during the retrieval period;

10. Grant the expense request of the Retrieval Team in the estimated amount of PhP 10,457,916.32 for the above mentioned collection activity in Iloilo.

The PET further resolved to :

1. Note the Second Manifestation of Grave Concern of Robredo;

2. Require BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration x xx to Use 25% Threshold Percentage in the Revision, Recount and Re-Appreciation of Ballotswithin 10 days from notice;

3. Note without Action the Letter from Atty. George Erwin M. Garcia in view of the above requirement to file their Comments thereon;

4. Note the Counter-Manifestation (to Robredo’s Second Manifestation of Grave Concern) of BBM;

5. Note & Grant the Letter – request of Atty. Maria Bernadette V. Sardillo that the compact disks (CDs) they provided the COMELEC during the decryption activity be returned to them;

6. Direct the Clerk of the Tribunal to turn over the above mentioned CDs to Robredo’s counsel;

7. Require Robredo’s counsel to coordinate with the Tribunal’s Clerk for the turnover of the above mentioned CDs;

8. Note the Incident Report relative to the alleged inappropriate behavior of Atty. Joan M. Padilla and admonish her not to talk to any of the head revisors and not to disrupt the revision process in general;

9. Note several Incident Reports regarding wet ballots, missing Election Returns (ERs) and Voters’ Receipts (VRs) and other discrepancies in Camarines Sur;  Per the PET, the revision of the decrypted ballot images shall be done only after the revision of all the ballot boxes from Camarines Sur currently in the custody of the PET;

10. Require the Municipal Treasurers to explain, within 10 days from notice, why the ballots were wet and/or damaged;

11. Note the Incident Report dated 2 April 2018 regarding to the re-opening of ballot boxes in Barangay San Isidro, Camarines Sur;

12. Note the Incident Report dated 10 April 2018 regarding the re-opening of ballot boxes in Barangay San Isidro, Camarines Sur;

13. Note the Incident Report dated 10 April 2018 regarding wet ballots, re-sealed ballot boxes in Santo Niño, Sagñay, Camarines Sur;

14. Note the Incident Report dated 13 April 2018 relative to the physical counting of valid votes in Bula, Camarines Sur;

15. Note & Grant COMELEC’s request to access the Memory Configuration Area at its Sta. Rosa Warehouse to effect repairs, provided it be conducted in the presence of the PET representatives and the parties; and

16. Note the Memorandum of the PET Commissioners in connection with Robredo’s Manifestation of Grave Concern and Affirm the findings of the PET Commissioners that the actions of the Head Revisors complained of by Robredo were in conformity with the PET Revision Guidelines.

(click here to see the 17 May 2018 Notice from the PET)

On 18 May 2018, BBM received a Notice from the COMELEC directing several election officers from Akbar, Basilan to explain why the ballots and other election documents in various clustered precincts have not yet been delivered;

(click here to see the 18 May 2018 Notice from the COMELEC)

After 98 weeks (or roughly 690 days), the PET:

• has begun the manual recounting of votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 97: May 7 – 13, 2018

On 8 May 2018, BBM received a Notice from the COMELEC approving the request of the PET to secure Certified True Copies of the Election Returns in the provinces of Camarines Sur, Iloilo & Negros Oriental. The photocopying of these ERs has been scheduled for Wednesday, 16 May 2018 at the COMELEC offices in Intramuros.

(click here to see the 8 May 2018 Notice from the COMELEC)

On 11 May 2018, BBM received a Notice from the COMELEC allowing protestant Abdusakur Tan to utilize his unused cash deposit to pay for the Technical Examination fees relative to the election protest of Tan vs. Hataman. The COMELEC likewise issued a directive saying that the technical examination involving 167 clustered precincts in the aforementioned election protest be completed within 6 months.

(click here to see the 11 May 2018 Notice from the COMELEC)

After 97 weeks (or roughly 683 days), the PET:

• has begun the manual recounting of votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 96: April 30 – May 6, 2018

On 2 May 2018, BBM received Robredo’s Compliance [to the Show Cause Order issued by the PET] and said that she never violated the sub judice ruling issued by the High Tribunal.

(click here to see the 2 May 2018 Compliance from Robredo)

On 2 May 2018, BBM received Robredo’s Motion for Reconsideration wherein she again asked the PET to adopt the “25% shading threshold used by the COMELEC” in the revision, recounting and re-appreciation of ballots.

(click here to see the 2 May 2018 Motion from Robredo)

After 96 weeks (or roughly 676 days), the PET:

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 95: April 23 – 29, 2018

On 23 April 2018, BBM filed a Counter-Manifestation in which he repudiated the false and malicious accusations of Robredo against one of his counsels, Atty. Joan Padilla. BBM said Robredo’s camp wrongfully accused Atty. Padilla of disrupting the revision proceedings on 13 April 2018 – especially since she couldn’t provide the PET with any formal Complaint or any written Affidavit from any of the PET representatives or any of the party revisors who were actually present in the revision area.

(click here to see the 23 April 2018 Counter – Manifestation from BBM)

On 23 April 2018, BBM filed his Compliance [to the Show Cause Order issued by the PET] and explained why he should not be cited in contempt as a result of the sub judice ruling issued by the High Tribunal.

BBM stated that he has been mindful of the sub judice rule and that he did not make any comment or disclosure pertaining to the revision proceedings which may be construed as prejudicing the issue, influencing the court and/or obstructing the administration of justice.

He explained that when the media interviewed him during the first day of revision, his statements were limited to his personal observations and that the same was not intended violate the directives of the Tribunal.

As for the statements of BBM’s spokesperson, Atty. Victor Rodriguez, BBM stressed they were compelled to clarify the misleading pronouncements and opinions of Robredo’s lawyers.

(click here to see the 23 April 2018 Compliance from BBM)

On 24 April 2018, BBM received a Letter from the COMELEC wherein it sought the guidance of the PET on whether or not it could continue with the election appeal case of Pantoja vs. Palacio in Calatagan, Batangas.

(click here to see the 24 April 2018 Letter from the COMELEC)

On 26 April 2018, BBM received a Notice from the COMELEC granting the Motion to Conduct Technical Examination (of the Voter’s Signatures and Thumbmarks Appearing on the EDCVL and VRRs in the Pilot Protested Clustered Precincts) filed by protestant Abdulsakur M. Tan in the election protest of Tan vs. Hataman.

 (click here to see the 26 April 2018 Notice from the COMELEC)

After 95 weeks (or roughly 669 days), the PET:

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 94: April 16 – 22, 2018

On 17 April 2018, BBM received a Manifestation from the COMELEC wherein it asked the PET to lift the Precautionary Protection Order (PPO) on the Election Management System Servers (EMS) used during the May 9, 2016 national and local elections because the said servers will be used in the May 13, 2019 elections. The COMELEC further asked the PET if they could:

• have the EMS data backed-up and / or cloned in the presence of the PET representatives and other parties;

• remove the EMS hard drive in the presence of the PET representatives and other parties and turn over the same to the PET.

(click here to see the 17 April 2018 Manifestation from the COMELEC)

On 20 April 2018, BBM received a Manifestation from Robredo wherein she accused one of BBM’s counsels, Atty. Joan Padilla, of disrupting the revision proceedings on 13 April 2018.

(click here to see the 20 April 2018 Manifestation from Robredo)

After 94 weeks (or roughly 662 days), the PET:

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 93: April 9 – April 15, 2018

On 11 April 2018, Robredo filed a Manifestation of Grave Concern with the PET stating that she was not allowed to claim four (4) ballots which were shaded in her favor because the same were inside the envelope for unused/excess ballots.

(click here to see the 11 April 2018 Manifestation of Grave Concern from Robredo)

On 13 April 2018, BBM received a Notice from the PET wherein it resolved to :

1. Deny Robredo’s Urgent Ex Parte Motion to Direct the Head Revisors to Apply the Correct Threshold Percentage as Set by the Commission on Elections in the Revision, Recount and Re-Appreciation of the Ballots, in order to expedite the proceedings.

The PET said that it “is not aware of any COMELEC Resolution that states the applicability of a 25% threshold; and that the Tribunal cannot treat the Random Manual Audit Guidelines and Report as proof of the threshold used by the COMELEC.

The PET like wise stated that it has “no basis to impose a 25% threshold in determining whether a vote is valid”, and that “protestee’s claim of a systematic reduction of her votes is without basis and shows a misunderstanding of the revision process.

2.Direct the parties to Show Cause and Explain, within 10 days from receipt of Noticewhy they should not be cited in contempt for violating the sub judice rule as ordered by the Tribunal; and

3. Note Robredo’s Manifestation of Grave Concern and Refer the same to the PET Commissioners for appropriate action.

(click here to see the 13 April 2018 Notice from the PET)

After 93 weeks (or roughly 655 days), the PET:

• is manually recounting the votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 92: April 2 – April 8, 2018

On 2 April 2018, BBM received a Letter from the COMELEC wherein it requested guidance from the Senate Electoral Tribunal [SET] regarding the continuation of proceedings in the election protest of Platon vs. Insular.

(click here to see the 2 April 2018 Letter from the COMELEC)

On 4 April 2018, BBM received a Letter from the COMELEC wherein it acknowledged receiving certain directives relative to the retrieval of ballot boxes as well as the continuation of proceedings in the election protests of Tolin vs. Lim and Buzon vs. Literatus in Salug, Zamboanga del Norte.

(click here to see the 4 April 2018 Letter from the COMELEC)

After 92 weeks (or roughly 648 days), the PET:

• has begun the manual recounting of votes for Camarines Sur
[per undertaking # 11 of 21]

After Camarines Sur, the remaining two (2) “pilot provinces” are Iloilo & Negros Oriental.

 


Week 91: March 26 – April 1, 2018

On 26 March 2018, BBM received a Letter from the COMELEC acknowledging the 23 March 2018 Notice from the PET regarding the continuation of the certain proceedings / appealed cases before the COMELEC.

(click here to see the 26 March 2018 Letter from the COMELEC)

After 91 weeks (or roughly 641 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 90: March 19 – 25, 2018

On 23 March 2018, BBM received a Notice from the PET informing the parties that the revision of ballots for Camarines Sur will commence on 2 April 2018.  The PET further stated that :

• there would only be forty (40) revision teams (instead of the original fifty (50) teams required by the tribunal;

• the parties could designate a maximum of ten (10) party supervisors and ten (10) counsels for accreditation provided that only two (2) supervisors and one (1) counsel for each of the parties shall be allowed in the revision area at any given time;

• the parties should submit the names, addresses and ID photos of their respective :

• fifty (50) party revisors

• ten (10) alternate revisors

• ten (10) party supervisors

• ten (10) party counsels

so they could be accredited by the Clerk of the Tribunal;

• the parties should strictly comply with the PET Revisor’s Guide;

• the parties should strictly observe the sub judice

The PET further resolved to :

1. Note the Letter of the Assistant Court Administrator and Chief of Public Information Office asking if the recount could be covered by the media. The Tribunal said that the recount was not open for coverage since only the PET’s representatives, the parties and their representatives are allowed inside the revision area;

2. Note the Letter of the COMELEC Division Clerk of Court in connection with some of the appealed cases in Salug, Zamboanga del Norteand Allow the COMELEC to continue with the proceedings;

3. Note the Letter of the COMELEC Division Clerk of Court relative to the election protest of Asmandun vs. Hajiri and Allow the COMELEC to continue with the proceedings;

4. Note the Letter of Atty. Jose M. Tolentino and Grant the request to borrow the Book of Voters currently in the custody of the PET provided that the same will not be taken out of the Tribunal’s premises;

5. Note the Memorandum of the Provincial Election Supervisor of Camarines Sur relative to the COMELEC’s Resolution directing him to secure authority from the PET and the SET prior to the removal of files and documents covered by the Precautionary Protection Order of the said Tribunals and to :

a. Authorize the transfer of documents and other election paraphernalia to the Office of the Provincial Treasurer during the repair and renovation of the Office of the Provincial Election Supervisor;

b. Direct the Provincial Treasurer of Camarines Sur to temporarily take custody of the said election documents;

c. Authorize the re-taking of the custody of the said election documents after completion of the repair and renovation of the Office of the Provincial Election Supervisor; and

d. Direct the Provincial Election Supervisor to inform the PET of the status of these activities.

6. Note the Memorandum of the Acting Administrative Officer on the hiring of various contractual personnel;

7. Note the Memorandum of the Acting Administrative Officer and adjust the rate of the Head Revisor to PhP 1,260.- per day and accordingly amend the Compensation of the Revision Committees under the PET Rules.

(click here to see the 23 March 2018 Notice from the PET)

After 90 weeks (or roughly 634 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 89: March 12 – 18, 2018

On 12 March 2018, BBM received a Notice from the COMELEC informing the parties that the recount of ballots in the election protest case of Tan vs. Hataman will commence on 4 April 2018. It also directed the parties to observe proper guidelines during the recount proceedings.

(click here to see the 12 March 2018 Notice from the COMELEC)

On 13 March 2018, BBM received a Notice from the COMELEC which “noted” the Minutes of the Inventory and Sealing of Ballot Boxes and other Election Documents in Taraka, Lanao del Sur relative to the election protest of Tan vs. Hataman.

(click here to see the 13 March 2018 Notice from the COMELEC)

On 14 March 2018, BBM received a Letter from the COMELEC requesting for temporary custody of the ballot boxes in some of the clustered precincts in Languyan, Tawi-Tawi because the same were also involved in the election protest of Ajihil vs. Sahali.

(click here to see the 14 March 2018 Letter from the COMELEC)

After 89 weeks (or roughly 627 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 88: March 5 – 11, 2018

On 5 March 2018, BBM received a Notice from the PET regarding the expenses of the Exploratory Mission / Retrieval Team for  Iloilo and Negros Oriental; The PET resolved to :

1. Authorize an Alternate Security Officer to accompany the Exploratory Mission Team to Iloilo and Negros Oriental; and

2. Authorize the payment of an additional PhP 66,670.- to cover the travel expenses of the said Alternate Security Officer.

The PET further resolved to :

1. Approve the hiring of contractual Head Revisors for an initial period of 6 months at the rate of PhP 1,260.- per clustered precinct and ballot box.  The appointment of the said Head Revisors shall depend on the outcome of their psychological examination and training.

 (click here to see the 5 March 2018 Notice from the PET)

After 88 weeks (or roughly 620 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 87: February 26 – March 4, 2018

On 1 March 2018, BBM filed a Manifestation saying that since he did not have any pending motion with the PET, he was not in a position to file a similar “non delaying” Motion like Robredo.

(click here to see the 1 March 2018 Manifestation from BBM)

After 87 weeks (or roughly 613 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 86: February 19 – 25, 2018

On 21 February 2018, BBM received a Notice from the PET wherein it required BBM to comment on Robredo’s Motionto Withdraw Any and All Pending Motions Which May Delay Recount Proceedings.

The PET also stated that “considering that the revision process is about to commence, the Tribunal DIRECTS both protestant and protestee to observe the sub judice rule.”

The PET further resolved to Note the Report of the Head of the Retrieval Team:

1. informing them of the termination of the retrieval activity in Camarines Sur;

2. as well as Grant the request for the following:

a. issuance of an Authority to Travel to Iloilo [from February 22 to 26, 2018] and to Negros Oriental [from February 27 to March 3, 2018] for the members of the exploratory team; and

b. approval of the expenses for the exploratory mission in the amount of PhP 292,780.-, the same to be charged against the cash deposit of BBM.

(click here to see the 21 February 2018 Notice from the PET)

After 86 weeks (or roughly 606 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 85: February 12 – 18, 2018

On 13 February 2018, BBM received a Manifestation from the COMELEC wherein it approved the pull-out of equipment and other election materials located at their warehouse in Sta. Rosa, Laguna.

(click here to see the 13 February 2018 Manifestation from the COMELEC)

On 15 February 2018, BBM received a Motion from Robredo stating that “if there exists in the records of the Tribunal any such [delaying] motion, the same should be considered as duly abandoned or withdrawn.”

(click here to see the 15 February 2018 Motion from Robredo)

After 85 weeks (or roughly 599 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 84: February 5 – 11, 2018

On 5 February 2018, BBM received a Letter from the COMELEC regarding the change in the number of precincts in Tuburan, Basilan relative to the election protest of Tan vs. Hataman.

(click here to see the 5 February 2018 Letter from the COMELEC)

On 9 February 2018, BBM received a Letter from the COMELEC informing him about the inventory of 24 contested precincts in Taraka, Lanao del Sur relative to the election protest case of Tan vs. Hataman.

(click here to see the 9 February 2018 Letter from the COMELEC)

After 84 weeks (or roughly 592 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 83: January 29 – February 4, 2018

On 29 January 2018, BBM received a Letter from the COMELEC informing him about the inventory of 10 ballot boxes  in Lamitan City, Basilan relative to the election protest of Tan vs. Hataman.

(click here to see the 29 January 2018 Letter from the COMELEC)

On 29 January 2018, BBM received a Letter from the COMELEC informing him about the inventory of 7 ballot boxes in Tabuan-Lasa, Basilan relative to the election protest case of Tan vs. Hataman.

(click here to see the 29 January 2018 Letter from the COMELEC)

On 31 January 2018, BBM received a Notice from the PET, which resolved to :

1. Note without Action BBM’s Reiterative Motion to turn over all the official and authenticated copies of the decrypted and printed ballot images and other election for all the protested clustered precincts of Camarines Sur, Iloilo and Negros Oriental in view of its previous Resolutiondated 17 January 2018 which allowed BBM to secure photocopies or soft copies of the same;

2. Note without Action the Caloocan City Treasurer’s Letter requesting the transfer of certain ballot boxes to the COMELEC CIBU Building in Caloocan City.

The PET further resolved to :

1. Authorize the Retrieval Team assigned in Camarines Surto:

a. Augment the PET personnel by hiring twenty (20) local field handlers;

b. Charter a bus to transport the PET, PNP and other Supreme Court security personnel;

c. Hire a motor vehicle to mobilize the above personnel as well as 2 additional drivers, if necessary; and

2. Approve the supplemental budget of PhP 112,500.- for the above undertakings.

(click here to see the 31 January 2018 Notice from the PET)

On 31 January 2018, BBM received a Notice from the PET, which resolved to :

1. Note the Report of the Retrieval Team Leader regarding the delivery date of the ballot boxes from Camarines Sur;

2. Note the Report of the Office of the Chief Attorney regarding the use of an alternative staging area for the ballot boxes from Camarines Sur;

3. Direct the Process Servicing Unit to resend their Resolutions to certain persons in Naga City and Lucena City;

4. Note and Grant the following:

i. Letter from BBM’s counsel requesting that his official representatives be allowed to observe the retrieval activities in Camarines Sur.

ii. Letter from Robredo’s counsel requesting that her official representatives be allowed to observe the retrieval activities in Camarines Sur.

(click here to see the 31 January 2018 Notice from the PET)

On 31 January 2018, BBM received a Letter from the COMELEC informing him about the inventory of 24 ballot boxes in Buli-Buli Sumisip, Basilan relative to the election protest case of Tan vs. Hataman.

(click here to see the 31 January 2018 Letter from the COMELEC)

After 83 weeks (or roughly 585 days), we are still waiting for the PET :

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21].

 


Week 82: January 22 – 28, 2018

On 26 January 2018, BBM received a Notice from the Senate Electoral Tribunal [SET] regarding the decryption proceedings in the election protest of Tolentino vs. De Lima;

(click here to see the 26 January 2018 Notice from the SET)

After 82 weeks (or roughly 578 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 81: January 15 – 21, 2018

On 16 January 2018, BBM received a Notice from the House of Representatives Electoral Tribunal [HRET] regarding the decryption proceedings in the election protest of Padilla vs. Cuaresma.

(click here to see the 16 January 2018 Notice from the HRET)

On 17 January 2018, BBM received a Notice from the PET which resolved to :

1. Allow BBM to secure soft copies of the decrypted ballot images, election returns and audit logs of Camarines Sur, Iloilo and Negros Oriental subject to incidental costs. However, the official, printed and authenticated copies would be retained by the PET.

The PET further resolved to :

1. Deny BBM’s Partial Motion for Reconsideration to reverse the PET’s decision to grant Robredo’s Motion to secure soft copies of the decrypted ballot images and other reports of Camarines Sur, Iloilo and Negros Oriental;

2. Note the Letter from COMELEC regarding the election appeal case of Yusoph vs. Lajid;

3. Note and Grant the Letter from COMELEC regarding the transfer of certain ballot boxes involving Tabaco City;

4. Note the Memorandum regarding the compensation of the Head Revisor, among others;

5. Note the Memorandum to Hire one (1) Contractual Registered Psychometrician with a monthly salary of PhP40,000.- for an initial period of 3 month;.

(click here to see the 17 January 2018 Notice from the PET)

On 17 January 2018, BBM received a Notice from the COMELEC informing the parties in the election protest of Daoaten vs. Biscarra that it would proceed with the retrieval of ballot boxes and other election material in Luba, Abra;

(click here to see the 17 January 2018 Notice from the COMELEC)

On 18 January 2018, BBM received a Notice from the COMELEC informing the parties in the election protest of Tan vs. Hataman that it turn over the ballot boxes and other election material to the COMELEC-Philpost Warehouse in Port Area, Manila;

(click here to see the 18 January 2018 Notice from the COMELEC)

After 81 weeks (or roughly 571 days), we are still waiting for the PET:

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 80: January 8 – 14, 2018

On 10 January 2018, BBM filed a Motion reiterating his request to turnover all the official and authenticated copies of the decrypted and printed ballot images, election returns and audit logs for all the protested clustered precincts of Camarines Sur, Iloilo and Negros Oriental.

(click here to see the 10 January 2018 Motion from BBM)

On 11 January 2018, BBM received an Omnibus Motion from Robredo for clarification of the Resolution dated 05 December 2017.  She also asked that the parties and their representatives be allowed to examine and escort the ballot boxes and other election materials of Camarines Sur during the retrieval activity scheduled by the PET from January 23 to January 26, 2018.

(click here to see the 11 January 2018 Motion from Robredo)

After 80 weeks (or roughly 564 days), we are still waiting for the PET :

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 79: January 1 – 7, 2018

No significant developments

After 79 weeks (or roughly 557 days), we are still waiting for the PET :

to begin  the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 78: December 25 – 31, 2017

No significant developments

After 78 weeks (or roughly 550 days), we are still waiting for the PET :

to begin  the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 77: December 18 – 24, 2017

On 20 December 2017, BBM received a Letter from the COMELEC wherein it requested from the House of Representatives Electoral Tribunal (HRET) temporary prior custody of election materials and paraphernalia of 13 clustered precincts of Languyan, Tawi-Tawi relative to the election protest of Tan vs. Hataman.

(click here to see the 20 December 2017 Letter from COMELEC)

On 22 December 2017, BBM received a Notice from the PET, which resolved to Note Robredo’s Reply regarding BBM’s Comment/Opposition to her Motion to secure soft copies of the decrypted Secured Digital cards of Camarines Sur, Iloilo and Negros Oriental.

With respect to the Exploratory Mission/Retrieval Team, the PET further resolved to :

1. Authorize certain personnel of the PET Retrieval Team to travel to Camarines Sur on 22 January 2018 to begin the collection of ballot boxes and other election materials and paraphernalia from the 1,813 clustered precincts of Camarines Sur. The said Retrieval Team shall be housed at Villa del Rey Hotel if available, otherwise, the CBD Plaza Hotel will serve as an alternate;

2. Direct all City and Municipal Treasurers and Election Officers to deliver on a specific schedule, the ballot boxes and other election materials and paraphernalia regardless of any pending election protest/case before the HRET, SET, COMELEC or any trial court to the designated staging area/hub of the PET Retrieval Team at Camarines Sur Convention Center, Capitol Complex in Cadlan, Pili, Camarines Sur or if Camarines Sur Convention Center is unavailable, at the Freedom Sports Complex of DepEd – Region V Division office;

3. Direct the Regional Trial Court judges before whom any election protest involving the clustered precincts of the Municipalities of Siruma and Calabanga are pending to release, with proper receipt and notice to the parties, the ballot boxes and other election materials and paraphernalia to the PET Retrieval Team in Camarines Sur;

4. Direct the PNP Camarines Sur Police Provincial Officer and the respective Chiefs of Police of the cities and municipalities of Camarines Sur to provide adequate police security and escort when the ballot boxes and other election materials and paraphernalia are transported to the PET Retrieval Team’s staging area/hub;

5. Direct the PNP Provincial Director and respective Chiefs of Police of the cities and municipalities of Quezon Province, San Pablo, Laguna and Santo Tomas, Batangas to provide adequate police route security and escort or security measures when the convoy of trucks carrying the ballot boxes and other election materials and paraphernalia enters into and passes by their respective areas of jurisdiction in going to Manila from Camarines Sur;

6. Designate the Philippine Postal Corporation (Philpost) as the official carrier for transporting, on a door-to-door basis, the ballot boxes and other election materials and paraphernalia from Camarines Sur to the Supreme Court-Court of Appeals Gymnasium at the Supreme Court Compound in Ermita, Manila;

7. Authorize the Clerk of PET, Atty. Felipa B. Anama, to enter into a contract of carriage with the Philpost relative to the transport of the ballot boxes and other election materials and paraphernalia from Camarines Sur to the Supreme Court Compound; and

8. Grant the PET Retrieval Team an estimated amount of P9,619,223.73 for the retrieval activity in Camarines Sur chargeable to BBM’s cash deposit.

(click here to see the 22 December 2017 Notice from PET)

After 77 weeks (or roughly 543 days), we are still waiting for the PET :

to begin  the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 76: December 11 – 17, 2017

On 14 December 2017, BBM received a Notice from the COMELEC wherein it informed the parties that the ballot boxes containing the Secured Digital (SD) cards of the May 9, 2016 National and Local Elections will be transferred from the COMELEC Project Management Office in Palacio del Gobernador, Intramuros to 3rd Floor, Casa Rocha Building, Intramuros from December 27 to 29, 2017.

(click here to see the 14 December 2017 Notice from COMELEC)

After 76 weeks (or roughly 536 days), we are still waiting for the PET :

to issue a Retrieval Order  [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all [the] precincts in the provinces of Camarines Sur, Iloilo and Negros Oriental are concerned.” [per item “C” of the Resolution]

to begin  the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 75: December 4 – 10, 2017

On 4 December 2017, BBM filed his Partial Motion for Reconsideration of the PET’s Resolution that granted Robredo’s Motion to secure soft copies of the ballot images and other reports from the Decryption proceedings for all the pilot precincts of BBM.

(click here to see the 4 December 2017 Motion from BBM)

On 5 December 2017, BBM received a Reply from Robredo wherein she claimed that BBM cannot fault her for non-payment of the decryption fee that was required by the COMELEC under its Order of Payment.

(click here to see the 5 December 2017 Reply from Robredo)

On 5 December 2017, BBM received a Letter from the COMELEC regarding the Order of Payment for the Decryption and Printingof Ballot Images, Election Returns and Audit Logs of all contested clustered precincts in the pilot provinces of Francis Tolentino.

(click here to see the 5 December 2017 Letter from COMELEC)

On 6 December 2017, BBM received a Notice from the SET regarding the compliance of the Order of Payment for the Decryption and Printing of Ballot Images, Election Returns and Audit Logs of all contested clustered precincts in the pilot provinces of Francis Tolentino.

(click here to see the 6 December 2017 Notice from SET)

On 7 December 2017, BBM received a Notice from the PET which resolved to :

1. Note BBM’s Manifestation regarding his payment of Decryption costs and expenses;

2. Note and Grant the COMELEC’s request for retrieval of election materials relative to the election case of Galua vs. Montante in Kitcharao, Agusan del Norte;

3. Note and Allow the continuation of various election appeal cases;

4. Note and Grant the COMELEC’s request for confirmation relative to the election protest case of Tan v. Hataman;

5. Confirm the COMELEC’s request for clarification relative to the election protest case of Tan v. Hataman; and

6. Note the Letter of the COMELEC regarding his request for clarification relative to the election protest case of Tan v. Hataman.

(click here to see the 7 December 2017 Notice from PET)

On 7 December 2017, BBM received a Notice from the PET which resolved to :

1. Note BBM’s Compliance regarding his List of Witnesses for his Third Cause of Action;

2. Note the COMELEC’s Letter regarding the election appeal case of Jainal v. Abubakar and Grant its request to continue with the pending proceedings; and

3. Note the COMELEC’s Letter regarding the election appeal case of Romero S. Daoaten v. Rosalina C. Biscarra and Grant its request for retrieval of ballot boxes and continuation of the appeal proceedings.

(click here to see the 7 December 2017 Notice from PET)

After 75 weeks (or roughly 529 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all [the] precincts in the provinces of Camarines Sur, Iloilo and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 74: November 27 – December 3, 2017

On 27 November 2017, BBM received a Notice from the Senate Electoral Tribunal (SET) wherein it resolved several matters relative to the election protest of Tolentino vs. De Lima.

(click here to see the 27 November 2017 Notice from SET)

On 27 November 2017, BBM received a Notice from the Senate Electoral Tribunal (SET), which resolved to require the COMELEC to conduct Decryption and Printing of Ballot Images, Election Returns and Audit Logs of all clustered precincts in the pilot provinces of Francis Tolentino and to notify the SET and the parties of the schedule of Decryption proceeding.

(click here to see the 27 November 2017 Notice from SET)

On 29 November 2017, BBM received a Comment from Robredo wherein she questioned the credibility of the witnesses submitted by BBM for his third cause of action (Annulment of votes for the position of Vice President in the Provinces of Basilan, Lanao del Sur and Maguindanao).

(click here to see the 29 November 2017 Comment from Robredo)

On 29 November 2017, BBM received a Notice from the House of Representatives Electoral Tribunal (HRET) informing the parties that the Decryption proceedings for the fifty-eight (58) clustered precincts in Northern Samar relative to the election protest of Abayon vs. Daza will begin on 6 December 2017at 9:00 a.m. at the COMELEC office in Intramuros, Manila.

(click here to see the 29 November 2017 Notice from HRET)

After 74 weeks (or roughly 522 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all [the] precincts in the provinces of Camarines Sur, Iloilo and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 73:  November 20 – 26, 2017

On 21 November 2017, BBM filed a Motion requesting the PET to direct the COMELEC-ERSD to turnover all the official printed and authenticated copies of the decrypted ballot images, election returns and audit logs for all the protested clustered precincts of Camarines Sur, Iloilo and Negros Oriental.

(click here to see the 21 November 2017 Motion from BBM)

On 22 November 2017, BBM received a Notice from the COMELEC wherein it resolved to adopt in to all the recommendations and directives of the ERSD relative to the retrieval and transportation of the Book of Voters and Election Day Computerized Voters List (EDCVL) used in the technical examination proceedings in the election protest of Angana vs. Zambo, et. al. in Toledo City, Cebu, and to return the same to the COMELEC Philpost Warehouse for safekeeping.

(click here to see the 22 November 2017 Notice from COMELEC)

On 24 November 2017, BBM received a Notice from the PET which resolved, to:

1. Note BBM’s Compliance regarding his revised list of witnesses for each of the clustered precincts in Basilan, Lanao del Sur and Maguindanao;

2. Note Robredo’sComment on BBM’s Partial Motion for Reconsideration for Technical Examination;

3. Note BBM’s Comment on Robredo’sManifestation on the Preliminary Conference Order;

4. Note the COMELEC’s Compliance of the PET’s Show Cause Order regarding the post-election activities conducted in Bucay, Abra;

5. Note the COMELEC’s Letter dated October 23, 2017 and Grant the lower court’s request for temporary custody of the original ballots relative to the election protest ofBuctuan vs.Melico;

6. Grant Robredo’s Motion to secure soft copies of the printed ballot images from the ongoing decryption activity for Camarines Sur, Iloilo and Negros Oriental;

7. Note the COMELEC’s Compliance regarding the information that was requested by the PET relative to the decryption and printing process;

8. Note and Grant the COMELEC’s Letter which informed the PET that they intend to turnover the boxes containing printed ballot images, audit logs, election returns and statistical data of the decrypted clustered precincts of Baao, Camarines Sur for storage purposes and that they will continuously transmit and turnover decrypted and printed materials of the remaining municipalities of Camarines Sur, Iloilo and Negros Oriental;

9. Deny Zorayda Alonzo al.’s Motion for Reconsideration“considering that the latter have neither legal interest in the matter subject of the instant protest nor will be adversely affected by its resolution;”

10. Note Robredo’s Comment on the Preliminary Conference Order but Deny her request for the restatement of Issue No. 1 in the Pre-Trial Order for lack of merit.

11. Note Robredo’s Manifestation to the Motion for Reconsideration filed by Zorayda Alonzo al.;

12. Deny BBM’s Partial Motion for Reconsideration for Technical Examination; and

13. Note BBM’s Comment to the Motion for Reconsideration filed by Zorayda Alonzo al.

(click here to see the 24 November 2017 Notice from PET)

On 24 November 2017, BBM received a Notice from the COMELEC informing the parties that it directed the Election Officer of Caramoan, Camarines Sur to desist from any action on the Petition for Recall against Mayor Marlyn S. Cordial until her Motion for Reconsideration is ruled upon.

(click here to see the 24 November 2017 Notice from COMELEC)

After 73 weeks (or roughly 515 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all [the] precincts in the provinces of Camarines Sur, Iloilo and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]

 


Week 72: November 13 – 19, 2017

No significant developments

After 72 weeks (or roughly 508 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 71: November 6 – 12, 2017

On 6 November 2017, BBM received a Letter from the COMELEC wherein it acknowledged the HRET’s preferential right over all the election material in Languyan, Tawi-Tawi due to the electon case of Ajihil vs. Sahali. The COMELEC also informed the HRET of its preparatory activities for the recount proceedings in the electon case of Tan vs. Hataman.

(click here to see the 6 November 2017 Letter from COMELEC)

On 7 November 2017, BBM filed his Comment / Opposition to Robredo’s Motion that she be allowed to secure soft copies of the printed ballot images from the ongoing Decryption activity of the COMELEC for Camarines Sur, Iloilo & Negros Oriental.

It will be recalled that the ongoing decryption activity was initiated solely by BBM. Thus, BBM had to shoulder the decryption fee of Php 2.9M including an additional Php 2M for the initial supplies required by the COMELEC. Robredo did not join BBM in this undertaking and, in fact, actively opposed the same as early as June 2017. According to BBM, since “[Robredo] did not contribute any share in the expenses and supplies for this undertaking, she should not be allowed by this Honorable Tribunal to obtain soft (and even printed) copies of the decrypted images of the ballots, election returns, audit logs and other relevant documents for all the protested clustered precincts of the pilot provinces.”

(click here to see the 7 November 2017 Opposition from BBM)

After 71 weeks (or roughly 501 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 70: October 30 – November 5, 2017

On 30 October 2017, BBM received a Notice from the PET which resolved to :

1. Approve the amendment of the 2010 PET Rules to allow a non-lawyer to be qualified for the position of Coordinator of the Revision Committees;

2. Authorize the filling up of the position of Recorder; and

3. Authorize the initial hiring of contractual personnel for the PET revision.

(click here to see the 30 October 2017 Notice from PET)

On 3 November 2017, BBM received a Motion from Robredo requesting that she be allowed to secure soft copies of the printed ballot images from the ongoing Decryption activity of the COMELEC for Camarines Sur, Iloilo & Negros Oriental.

It will be recalled that from day 1, Robredo had continuously opposed the Decryption activity. Now that the process is on going, she suddenly wants to have copies of the Comelec-generated documents.

(click here to see the 3 November 2017 Motion from Robredo)

On 3 November 2017, BBM received a copy of the Compliance from the COMELEC wherein it provided the PET with its requested information regarding the Decryption and Printing activity.

(click here to see the 3 November 2017 Compliance from COMELEC)

On 3 November 2017, BBM received a Letter from the COMELEC wherein it informed the PET that they “intend to x x x turn-over twenty-one (21) boxes containing printed ballot images, audit logs, election returns and statistical data pertaining to the fifty-three (53) clustered precincts of Baao, Camarines Sur, for storage purposes.”

(click here to see the 3 November 2017 Letter from COMELEC)

After 70 weeks (or roughly 494 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 69: October 23 – 29, 2017

On 23 October 2017, BBM received a Letter from the COMELEC informing the parties that the Senate Electoral Tribunal [SET] has custody of the ballot boxes and other election documents in twenty-three (23) pilot precincts in Basilan and Maguindanao relative to the election protest of Tolentino vs. De Lima. COMELEC also informed the parties that it would start preparing for the recounting of votes in the election protest of Tan vs. Hataman.

(click here to see the 23 October 2017 Letter from COMELEC)

On 23 October 2017, BBM received a Notice from the House of Representatives Election Tribunal [HRET] informing the parties that the Decryption proceedings in three hundred forty-seven (347) protested clustered precincts in Tawi-Tawi relative to the election protest case of Ajihil vs. Sahali will begin on Tuesday, 7 November 2017 at 9:00 a.m. at the COMELEC office in Intramuros, Manila.

(click here to see the 23 October 2017 Notice from the HRET)

On 24 October 2017, BBM received a Manifestation from the COMELEC informing them that it complied with the PET’s Show Cause Order regarding the post-election activities conducted in Bucay, Abra.

(click here to see the 23 October 2017 Compliance from COMELEC)

On 26 October 2017, BBM received a Notice from the Senate Electoral Tribunal [SET] wherein it granted Robredo’s request for “only one representative at any given time” although “substitution of representatives shall take place during break time” but denied her “request to observe the appreciation proceedings as these deliberations are confidential and privileged” in the election protest of Tolentino vs. De Lima

(click here to see the 26 October 2017 Notice from SET)

After 69 weeks (or roughly 487 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 68: October 16 – 22, 2017

On 19 October 2017, BBM sent a Letter to the COMELEC which contained the list of his duly authorized representatives for the Decryption and Printing of Secure Digital (SD) Cards and Printing of Ballot Images, Election Returns and Audit Logs which will commence on Monday, 23 October 2017, Monday, 9:00 a.m. at the Project Management Office (PMO) of the COMELEC in Intramuros, Manila.

(click here to see the 19 October 2017 Letter from BBM)

On 19 October 2017, BBM received a Notice from the PET wherein it resolved to:

1. Lift the Precautionary Protection Order (PPO) with respect to the 45,751 clustered precincts, which were covered by BBM’s First Cause of Action. The PET stated that “there is no more purpose in further preserving the ballot boxes and other clustered precincts” of these clustered precincts since they no longer form part of the Protest and Counter-Protest.

2. Deny the COMELEC’s request for payment of storage fees and other necessary expenses incurred by the overseas posts. The PET ruled that “there is nothing in the PPO that prohibited the physical transfer of the election materials and paraphernalia; the COMELEC was merely required to preserve and safeguard their integrity and

3. Direct the COMELEC to provide certain information relating to the decryption and printing process;

The Tribunal further resolved to:

1. Grant the COMELEC’s third Motion for additional time to comply with the PET’s Show Cause Order;

2. Note the COMELEC’s Compliance wherein it furnished Robredo with a copy of its Manifestation dated 25 May 2017;

3. Grant the request of COMELEC for Decryption and Printing of Ballot Images on 23 October 2017 at 9:00 a.m., without prejudice to COMELEC’s providing the PET with the requested information on the Decryption and Printing process;

4. Grant the request of COMELEC to continue the proceedings in various election cases; and

5. Note the report from the Exploratory Mission / Retrieval Team and Grant their requests for :

i. the issuance of an Authority to Travel for 4 members of the team to travel to Camarines Sur on October 16 to 20, 2017 or October 23 to 27, 2017; and

ii. approval of expenses for the exploratory mission amounting to Php 104,585.80, which shall be chargeable to BBM’s cash deposit.

(click here to see the 19 October 2017 Notice from PET)

On 20 October 2017, BBM received a Comment from Robredo wherein she opposed BBM’s Partial Motion for Reconsideration for Technical Examination. Robredo said that BBM should not be allowed to add three (3) more provinces and circumvent the Rules”. Robredo also said that “to indulge protestant Marcos will involve unnecessary expense and time on the parties and the Honorable Tribunal.”

In his Motion for Reconsideration, BBM explained that the two causes of action are the separate and distinct from each other :

• the provinces of Camarines Sur, Iloilo & Negros Oriental involve the recounting of votes because the ballots were not counted properly. Hence, the revisors need to examine each and every BALLOT to make sure that the votes cast reflect the true will of the electorate; while

• the provinces of Basilan, Lanao del Sur & Maguindanao involve the technical examination of the voter’s signatures because of the existence of fake voters; Hence, the revisors need to examine each and every SIGNATURE in the Voter’s List to make sure that the person who casted his vote was the actual voter and not someone else.

• For instance, if one were to compare the SIGNATURES appearing in the document below – which incidentally came from the COMELEC’s own records in Basilan — one would instantly notice that none of the signatures match. If the signatures don’t match, then obviously the person who supposedly casted his vote was NOT the actual registered voter in that precinct.

Since BBM is willing to shoulder the administrative costs for the said technical examination, why would Robredo want to oppose the Motion?

(click here to see the 20 October 2017 Comment from Robredo)

On 20 October 2017, BBM received a Motion from Robredo requesting that the SET allow her to send representatives to observe the s revision and re-apreciation of ballots in the Senatorial election protest of Tolentino vs. De Lima.

(click here to see the 20 October 2017 Motion from Robredo)

On 20 October 2017, BBM filed a Manifestation with the PET saying that he paid the decryption fee Php 2,974,075.00 per the Order of Payment issued by the COMELEC. This amount represents the costs and expenses for the conduct of the decryption and printing of ballot images, election returns and audit logs for all the protested clustered precincts of his 3 pilot provinces, namely : Camarines Sur, Iloilo & Negros Oriental.

(click here to see the 20 October 2017 Manifestation from BBM)

After 68 weeks (or roughly 480 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 67: October 9 – 15, 2017

On 9 October 2017, BBM filed his Compliance and provided the PET with his revised list of witnesses for each of the clustered precincts in Basilan, Lanao del Sur and Maguindanao.

It is worth mentioning that on 11 September 2017, BBM already gave PET a witnesses list totalling 171 names for the nullification of votes in Basilan, Lanao del Sur and Maguindanao. However, a month later or on 5 October 2017, the PET required BBM to submit his witness list on a per clustered precinct basis in the said provinces within 5 non-extendible days. Said the Tribunal :

“Per item (a) of PET Resolution dated September 19, 2017 : NOTE the Manifestation and Compliance (Re: List of Witnesses for the Third Cause of Action) dated September 8, 2017 filed by counsel for protestant Marcos, Jr., but REQUIRE the protestant to STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice hereof.”

As a result of the 5 day non-extendible deadline, BBM’s legal team burned the midnight oil and TIMELY submitted a 185 page pleading containing the revised witnesses list totalling 7,356 names for the nullification of votes in Basilan, Lanao del Sur and Maguindanao.

(click here to see the 9 October 2017 Compliance from BBM)

On 10 October 2017, BBM received a Notice from the PET wherein it resolved to:

1. Grant the Motion of the COMELEC for additional time or until 6 October 2017 to comply with the PET’s Show Cause Order;

2. Note and Grant the COMELEC’s Letter requesting for authority to transfer, among others, the book of voters used in the 2016 elections in the Municipality of Agusan del Norte because they transferred office;

3. Note the COMELEC – Balayan, Batangas’s Letter regarding the transfer of ballots in metal boxes that was conducted last 11 September 2017;

4. Note the COMELEC’s Letter regarding the transfer of ballot boxes used in the 2010, 2013 and 2016 elections in Ormoc City to the ground floor of Ormoc City hospital; and

5. Note and Grant the SET’s Letter stating that the HRET was given temporary prior custody of the ballot boxes involved in the election protest cases before it;

(click here to see the 10 October 2017 Notice from PET)

On 11 October 2017, BBM received the Compliance from the COMELEC wherein it furnished Robredo with a copy of its Manifestation / Compliance dated 25 May 2017.

(click here to see the 11 October 2017 Compliance from COMELEC)

On 11 October 2017, BBM received a Motion from the COMELEC requesting for a third extension of time to comply with the PET’s Show Cause Order.

(click here to see the 11 October 2017 Motion from COMELEC)

On 11 October 2017, BBM received a Manifestation from the COMELEC informing the parties that the Decryption and Printing of Ballot Images of all the precincts in BBM’s 3 pilot provinces namely, Camarines Sur, Iloilo and Negros Oriental will begin on 23 October 2017, Monday, 9:00 a.m. at the Project Management Office (PMO) of the COMELEC in Intramuros, Manila.

(click here to see the 11 October 2017 Manifestation from COMELEC)

On 12 October 2017, BBM filed his Comment to Robredo’s Manifestation wherein he clarified that he did not abandon his allegations of terrorism, violence, force, threats and intimidation with regard to the Judicial Recounting of Ballots in 22 provinces and 5 highly urbanized cities. BBM clarified that in order to speed up the election protest, he decided not to present testimonial evidence to support his claim because the ballots speak for themselves.

As explained by BBM in his Counter-Manifestation, “the waiver of testimonial evidence is NOT an abandonment of the electoral frauds, anomalies and irregularities alleged in the election protest as these may be proven by the ballots which are ‘the best repository of the sovereign will.’ Hence, in the hierarchy of evidence in election contests, ballots constitute the highest and best evidence of the voters’ will.

BBM further stated that in the case of Jeremias F. Dayo vs. COMELEC, “the Supreme Court declared that allegations of fraud and irregularities are sufficient grounds for opening the ballot boxes and examining the questioned ballots and that evidence of irregularities is not necessary to justify the revision of ballots.” This ruling of the court was also reinforced in the recent case of Douglas R. Cagas vs. COMELEC, wherein it was underscored that “it is the ministerial duty of the trial court to order the opening of the ballot boxes and the examination and counting of ballots deposited therein when there is an allegation in an election protest that would require the perusal, examination or counting of ballots as evidence.”

(click here to see the 12 October 2017 Comment from BBM) p179 minutes decryption

After 67 weeks (or roughly 473 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes for Camarines Sur, Iloilo and Negros Oriental [per undertaking # 11 of 21]

• to resolve our Motion for Reconsideration for the technical examination of the signatures appearing in the Election Day Computerized Voters List [EDCVL] as against the signatures appearing on the Voters Registration Record [VRRs] in connection with the annulment of votes in Basilan, Lanao del Sur and Maguindanao.

 


Week 66: October 2 – 8, 2017

On 2 October 2017, BBM received a Notice from the PET wherein it resolved, among others, to:

1. Note without Action the alleged liability of BBM for the monthly expenses of the COMELEC warehouse in Sta. Rosa, Laguna. In its Resolution dated 29 August 2017, the PET stated that “there would be no occasion for the Tribunal to charge the same against either of the cash deposits of protestant or protestee;”

2. Note the Manifestation of BBM on his list of witnesses for Basilan, Lanao del Sur and Maguindanao as well as Require BBM to identify the corresponding clustered precincts of these witnesses;

3. Note and Grant the decryption of the Secure Digital (SD) cards relative to the 751 pilot protested precincts of Francis Tolentino, provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;

4. Note the Manifestation from Robredo regarding the Preliminary Conference Order;

5. Require BBM to comment on the said Manifestation;

6. Note and Grant the Manifestation from the COMELEC regarding the following:

6.1 Its recommended procedures, logistics, schedule and estimated costs relative to the Decryption and Printing of Ballot Images for Camarines Sur, Iloilo and Negros Oriental;

6.2 Its request for additional time to comment on the COMELEC – OFOV’s Letter; and

6.3 Its compliance to the PET’s Show Cause Order by 18 September 2017. It bears mentioning that the COMELEC had twice requested for additional time to comply with the said Order;

7. Note the Comment from BBM regarding the Preliminary Conference Order; and

8. Require Robredo to comment on BBM’s Partial Motion for Reconsideration with respect to his Motion for Technical Examination.

(click here to see the 2 October 2017 Notice from PET)

On 5 October 2017, BBM received a Notice from the PET wherein it resolved to:

1. Grant the Motion of the COMELEC for additional time or until 26 September 2017 to comply with the PET’s Show Cause Order. This is the second time that the COMELEC requested for an extension; and

2. Note the COMELEC’s Reply regarding the COMELEC – OFOV’s Letter.

(click here to see the 5 October 2017 Notice from PET)

On 5 October 2017, BBM received a copy of a Letter from the COMELEC inquiring whether the PET had exercised its preferential right over the election materials in the Municipality of Languyan, Tawi-Tawi due to to the pending election protest of Myrna C. Ajihil vs. Ruby H. Sahali.

(click here to see the 5 October 2017 Letter from COMELEC)

After 66 weeks (or roughly 466 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes [per undertaking # 11 of 21]

We are also waiting for the COMELEC :
• to decrypt and print the ballot images in Camarines Sur, Iloilo and Negros Oriental

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Decryption and Printing of Ballot Images dated June 1, 2017 only insofar as all the precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned, and Direct the COMELEC to inform the Tribunal of its recommended procedures, logistics, schedule, and estimated costs for the activity within a non-extendible period of ten (10) days from receipt of this Resolution.” [per item “G” of the Resolution]

 


Week 65: September 25 – October 1, 2017

On 25 September 2017, BBM received a Motion from the COMELEC wherein it requested for additional time to comply with the Show Cause Order regarding its failure to inform the PET of post-election activities in Bucay, Abra.

(click here to see the 25 September 2017 Motion from COMELEC)

On 27 September 2017, BBM received a Reply from the COMELEC regarding the Letter from the COMELEC – OFOV. According to the OFOV, they should not be held liable for the payment of storage fees because, were it not for the Precautionary Protection Order (PPO) issued by the PET, the overseas posts would have been able to transmit all the election paraphernalia to the Central Office.

It bears mentioning that in his Comment, BBM explained that since an election protest is a mere incident of an election, all necessary costs and expenses relating to the conduct of the elections should be shouldered by the COMELEC. “To rule otherwise will grossly violate the mandate of this Honorable Tribunal to achieve a just, expeditious and inexpensive determination and disposition of every election contest before the PET and effectively render nugatory the right to file an election protest.”

(click here to see the 27 September 2017 Reply from COMELEC)

On 29 September 2017, BBM received a Motion from the COMELEC requesting for another extension of time to comply with the PET’s Show Cause Order.

(click here to see the 29 September 2017 Motion from COMELEC)

After 65 weeks (or roughly 459 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes [per undertaking # 11 of 21]

We are also waiting for the COMELEC :
• to decrypt and print the ballot images in Camarines Sur, Iloilo and Negros Oriental

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Decryption and Printing of Ballot Images dated June 1, 2017 only insofar as all the precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned, and Direct the COMELEC to inform the Tribunal of its recommended procedures, logistics, schedule, and estimated costs for the activity within a non-extendible period of ten (10) days from receipt of this Resolution.” [per item “G” of the Resolution]

 


Week 64: September 18 – 24, 2017

On 20 September 2017, BBM received a Manifestation from Robredo wherein she claimed that the request of Zorayda Alonzo et al that they be allowed “to intervene in the instant Election Protest for the sole purpose of paying the second installment of [her] cash deposit” was “hinged on their right to suffrage.”

(click here to see the 20 September 2017 Manifestation from Robredo)

On 20 September 2017, BBM received a Manifestation from Robredo wherein she stated that the Preliminary Conference Order faithfully reflected the contents of the Preliminary Conference Briefs and Comments filed by both parties, including the Counter-Manifestation of BBM.

(click here to see the 20 September 2017 Manifestation from Robredo)

On 20 September 2017, BBM received a Manifestation / Compliance from the COMELEC wherein it informed the PET of its recommended procedures, logistics and costs for the Decryption and Printing of Ballot Images of all the precincts in BBM’s 3 pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental.

While the COMELEC manifested that it would abide by the schedule of decryption preferred by the Tribunal, it also provided the PET with the following Resolutions and Memoranda by way of reference:

1. COMELEC Resolution No. 10155 – Guidelines to Decrypt Ballot Images in connection with the May 9, 2016 National and Local Elections;

2. COMELEC Resolution No. 9226 – Compensation and distribution of honoraria to the members of the recount committees as well as the meal allowances for the support staff;

3. COMELEC Resolution No. 9720 – Amending some provisions of the AES Law;

4. Minute Resolution No. 11-0399 – Guidelines on the: i. Delivery and production of the PCOS machines, and ii. Configuration of the CF Cards and i-Buttons and the decryption of ballot images;

5. Order of Payment for the decryption costs in the amount of Php 2,974,075.- which should be shouldered by BBM; and

6. List of Supplies needed which should be shouldered by BBM.

In the same Manifestation, the COMELEC asked for more time to reply to BBM’s Comment on why it is the Commission’s responsibility to pay for the storage fees and other necessary expenses incurred by the overseas posts.

As for the Show Cause Order which directed the COMELEC to explain why it failed to seek the PET’s prior approval before conducting post-election activities in Bucay, Abra, the Commission stated that it would comply with the said Order on 18 September 2017.

(click here to see the 20 September 2017 Manifestation from COMELEC)

After 64 weeks (or roughly 452 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]

• to begin the manual recounting of votes [per undertaking # 11 of 21]

We are also waiting for the COMELEC :
• to decrypt and print the ballot images in Camarines Sur, Iloilo and Negros Oriental

Note that on 29 August 2017, the PET resolved to Partially Grant [BBM’s] Motion for Decryption and Printing of Ballot Images dated June 1, 2017 only insofar as all the precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned, and Direct the COMELEC to inform the Tribunal of its recommended procedures, logistics, schedule, and estimated costs for the activity within a non-extendible period of ten (10) days from receipt of this Resolution.” [per item “G” of the Resolution]

 


Week 63: September 11 – 17, 2017

On 11 September 2017, BBM filed his Compliance and provided the PET with his list of witnesses for Basilan, Lanao del Sur and Maguindanao. He also reserved his right to present additional witnesses and made a formal request for the issuance of subpoenas duces tecum as well as subpooenas testificandum for certain individuals.

(click here to see the 11 September 2017 Manifestation from BBM)

On 13 September 2017, BBM received a Manifestation with Urgent Ex-Parte Motion from Robredo wherein she asked the PET to clarify whether BBM should pay for the monthly expenses incurred by COMELEC for the lease of its Sta. Rosa, Laguna, warehouse. She also wanted to know whether BBM should pay for the costs of the Voting Counting Machines (VCMs) because of COMELEC’s contract with Smartmatic.

It must be noted that in the PET’s Resolution dated 29 August 2017, the Tribunal ruled that the monthly expenses of the Sta. Rosa, Laguna warehouse “are not incidental to the retrieval and transportation of ballot boxes to the Tribunal in connection with the instant Protest and Counter-Protest. Hence, there would be no occasion for the Tribunal to charge the same against either of the cash deposits of protestant or protestee.”

With regard to the VCMs in question, the PET already stated that, “Given the collateral nature of protestee’s inquiry, the Tribunal finds such matter to be outside the issues posed in the instant Protest and Counter-Protest. Such matter is more properly within the competence of COMELEC to address. Besides, there is no showing at this time that COMELEC is already demanding such amount from protestee pursuant to the AES Contracts.”

(click here to see the 13 September 2017 Manifestation from Robredo)

On 12 September 2017, BBM received a Notice from the PET wherein it resolved to:

1. Note the Counter-Manifestation filed by BBM dated 22 August 2017; and

2. Note the Letter from COMELEC regarding the immediate turn-over of its offices located at the ground floor, Palacio del Gobernador Building in Intramuros, Manila because the same would be use by the Office of the President. It also Granted the transfer of the election materials presently stored at the said offices to another location within the COMELEC premises provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;

(click here to see the 5 September 2017 Notice from PET)

On 15 September 2017, BBM filed a Partial Motion for Reconsideration with regard to the PET’s denial of his Motion for Technical Examination dated 10 July 2017.

BBM explained that the technical examination he requested would be limited to comparing the voters’ signatures appearing on the Election Day Computerized Voters List (EDCVL) as against the voters’ signatures appearing on the Voter’s Registration Records (VRRs). He argued that the technical examination involved for the annulment of elections in the provinces of Basilan, Lanao del Sur and Maguindanao is entirely different from the manual recounting of votes in the 3 pilot provinces of Camarines Sur, Iloilo and Negros Oriental. BBM also expressed his willingness to shoulder the administrative expenses that may be incurred for the said technical examination.

In the same Motion, BBM reiterated his previous request that the PET create two (2) additional panels of Commissioners to be assigned to a specific cause of action. The creation of additional panels would not only be beneficial to the PET during the reception of evidence at the trial proper but, more importantly, it would definitely help in speeding up the resolution of the election protest.

(click here to see the 15 September 2017 Partial Motion for Reconsideration from BBM)

On 15 September 2017, BBM filed his Comment to the Preliminary Conference Order and manifested that the said Order faithfully reflected the submissions and reservations he made in his Preliminary Conference Brief and Comment to the Preliminary Conference Guide.

(click here to see the 15 September 2017 Comment from BBM)

On 15 September 2017, BBM filed his Comment to the Motion for Reconsideration of Zorayda Amelia Alonzo et al. and concurred with the PET’s decision denying their Urgent Motion for Leave to File and Admit Petition-In-Intervention.

BBM emphasized that an election protest is “strictly a contest between the defeated and the winning candidates, based on the grounds of electoral frauds or irregularities.” Therefore, it would be highly unprocedural to allow third parties to intervene in his election protest.

(click here to see the 15 September 2017 Comment from BBM)

After 63 weeks (or roughly 445 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 62: September 4 – 10, 2017

On 4 September 2017, BBM received a Notice from COMELEC – Balayan, Batangas informing him about the transfer of ballots in metal ballot boxes in view of the earthquake last April 8, 2017 that damaged the ballot boxes where the said ballots were originally contained. This activity will be on September 11, 2017 at 1:00 p.m. at the Municipal Covered Court. The precincts in the Municipality of Balayan, Batangas involved are the following:

1. Brgy. 2, Precincts Nos. 0007A; 0008A, 0009A;
2. Brgy. 7, Precincts Nos. 0033A, 0034A;
3. Brgy. 9, Precincts Nos. 0042A, 0043A;
4. Brgy. Calzada, Precincts Nos. 0086A, 0088A, 0089A;
5. Brgy. Munting Tubig, Precincts Nos. 0171A, 0171B, 0172A; and
6. Brgy. San Juan, Precincts Nos. 0215A, 0215B, 0216A;

(click here to see the 4 September 2017 Notice from COMELEC – Balayan, Batangas)

On 5 September 2017, BBM received the Preliminary Conference Order from the PET wherein it resolved to:

1. Dismiss BBM’s First Cause of Action for “judicial economy and for the prompt disposition of this case.” The PET stated since the Second and Third Causes of Action “remain intact and independent of the First Cause of Action x x x “this will not prevent [BBM] from continuing because [BBM] can still prove his case through the Second and Third Causes of Action.”

2. Deny Robredo’s Motion for Reconsideration Pro Tanto for lack of merit;

3. Partially Grant BBM’s Motion for Retrieval for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

4. Note COMELEC’s Letter dated 22 April 2017 and grant their request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

5. Note and Deny the Letter dated 22 April 2017 from Atty. Jose Amor M. Amorado opposing COMELEC’s request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

6. Defer Action on BBM’s Motion for Technical Examination “until after the Tribunal’s initial determination of the grounds for the Protest under Rule 65 of the 2010 PET Rules”

7. Partially Grant BBM’s Motion for Decryption and Printing of Ballot Images for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

8. Direct BBM to submit a new witness list — namely 3 witnesses per clustered precinct — for the annulment of votes in Basilan, Lanao del Sur and Maguindanao within five (5) days from receipt of said Notice; and

9. Direct BBM and Robredo to submit their comments or objections, if any, on the Preliminary Conference Order within ten (10) days from receipt of said Notice.

The PET also resolved to:

1. Direct COMELEC to reply to the COMELEC – OFOV Letter within ten (10) non-extendible days from receipt of said Notice;

2. Direct Judge Corpus Alzate to furnish COMELEC with a copy of the lower court’s Manifestation dated 17 August 2017 and to Show Cause why he failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

3. Direct the COMELEC to Show Cause why it failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

4. Note various Letters from the COMELEC and Grant their requests provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;

5. Note the Manifestation of Zorayda Alonzo et.al. dated 22 August 2017; and

6. Direct BBM and Robredo to file their comments on the Motion for Reconsideration of Alonzo et.al. within ten (10) non-extendible days from receipt of said Notice;

(click here to see the 5 September 2017 Notice from the PET)

After 62 weeks (or roughly 438 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 61: August 28 – September 3, 2017

On 29 August 2017, BBM received a Letter from the Manila City Treasurer’s Office informing the parties that in the pending election case of Lim vs. Estrada, the PET authorized COMELEC to transfer 948 plastic ballot boxes to Binondo, Manila. The transfer will be conducted from September 1 – 3, 2017 and all the parties in interest have been allowed to obseve the said activity.

(click here to see the 29 August 2017 Letter from the City Treasurer’s Office in Manila)

On 29 August 2017, BBM filed a Counter-Manifestation wherein he reiterated his reasons for presenting witnesses for his first, second and third cause of action.

BBM also expressed his reservation with regard to including the COMELEC as a party to his case, as suggested by SC Justice Caguioa during the Preliminary Conference held last 11 July 2017. He argued that since an election protest involves a dispute between the defeated candidate and the winning candidate, impleading the COMELEC would be highly unprocedural.

(click here to see the 29 August 2017 Counter-Manifestation from BBM)

On 31 August 2017, BBM received a Notice from COMELEC informing the parties that it approved the use of the Election Records (ERs) as well as the Voter’s Registration Records (VRRs) for the technical examination of the pilot precincts being contested in the pending election case of Rama vs. Osmena.

(click here to see the 31 August 2017 Notice from COMELEC)

After 61 weeks (or roughly 431 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 60: August 21 – 27, 2017

On 25 August 2017, BBM received the Motion for Reconsideration of Zorayda Alonzo et.al. wherein they asked the PET to reconsider its earlier ruling and allow them to pay for Robredo’s protest fees. According to the petitioners, their intercession involves “paramount public interest considering the need to dispel uncertainty over the real choice of the electorate [for the position of Vice President]

(click here to see the 25 August 2017 Manifestation from Alonzo et.al.)

After 60 weeks (or roughly 424 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 59: August 14 – 20, 2017

On 14 August 2017, BBM received a Manifestation from Robredo wherein she questioned, among others, the legality of BBM’s Causes of Action.

(click here to see the 14 August 2017 Manifestation from Robredo)

On 17 August 2017, BBM received a Notice from the COMELEC regarding the delivery of the Election Day Computerized Voters List (EDCVL) in the election protest of Rama vs. Osmena (Cebu City).

(click here to see the 17 August 2017 Notice from the COMELEC)

On 18 August 2017, BBM received a revised 11 July 2017 Notice from the PET which corrected one of their earlier Orders. The revised Order now reads as follows :
items that now reads as:

Deferred Action on the Supplemental Motion for Reconsideration Pro Tanto of Robredo

(click here to see the 11 July 2017 Revised Notice from the PET)

On 18 August 2017, BBM received a Notice from the PET wherein they:

1. Granted the requests of various parties to observe and participate in certain post-election activities in the following areas :

1.1 Lian, Batangas;
1.2 Barangay Talusan, Balingasag, Misamis Oriental;
1.3 Balayan, Batangas; and
1.4 San Antonio, Quezon.

2. Granted the requests of various parties to observe and participate in certain post-election activities in the following areas :

2.1 Cabanatuan City;
2.2 Tubod, Surigao del Norte; and
2.3 Binondo, Manila.

3. Noted the Manifestation and Comment of Robredo on the Preliminary Conference Guide

(click here to see the 25 July 2017 Notice from the PET)

On 18 August 2017, BBM received a Notice from the PET which:

1. Noted the transfer of ballot boxes in the election protest of Daphne A. Lagon vs. Democrito Diamante;
2. Noted the clarifications by the Election Officer regarding the above Order;
3. Noted the Manifestation from BBM that he timely filed his Comment to the Preliminary Conference Guides;
4. Noted the Comment to the Preliminary Conference Guides from BBM in compliance with the directive of the PET;
5. Noted the Manifestation of BBM with regard to the letter of his counsel, Atty. Jose M. Amorado;
6. Noted the request to certification relating to the election protest of Myrna C. Ajihil vs. Ruby H. Sahali (Tawi-Tawi);
7. Noted the Comment from BBM on the motion of Robredo to defer payment on her second installment of cash deposit;
8. Granted the Motion of Robredo to defer payment on her second installment of cash deposit until such time that BBM has garnered a substantial number of votes in his 3 pilot provinces;
9. Noted the Compliance from COMELEC – OFOV; and
10. Noted the 14 August 2017 Manifestation from Robredo.

In the same Notice, the PET also resolved various matters regarding the Revision of Votes as stated in the 2010 PET Rules, such as:

1. Amending the composition of the Revision Committees (RCs);
2. Amending the compensation of the members of the RCs;
3. Amending the compensation of the panel of commissioners;
4. Referring the posting of vacancies, acceptance and screening of applicants for the members of the RCs to the Office of the Acting Chief Administrative Officer of the PET;
5. Authorizing the Acting Clerk of the PET to screen applicants for RC Coordinators;
6. Approving the following areas for use during the election protest:

i. the Supreme Court gymnasium
ii. a portion of the 4th floor parking level of the Supreme Court – Court of Appeals Multi-purpose
building; and
iii. the room at the back of the Division Hearing Room

7. Creating an Exploratory Mission / Retrieval Team and Approving the designation of specific court officials and employees as its members;
8. Granting the above employees a monthly allowance beginning 8 August 2017 until termination of the retrieval of the ballot boxes; and
9. Referring to the Procurement Planning Committee the necessary supplies, materials and office equipment for the regular use of the Exploratory Mission / Retrieval Team and the Staffing Complement.

(click here to see the 8 August 2017 Notice from the PET)

After 59 weeks (or roughly 417 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 58: August 7 – 13, 2017

On 7 August 2017, BBM received a Compliance from the COMELEC regarding the safeguarding and storage fees of various election paraphernalia in HongKong, New York and 18 other posts abroad, as ordered by the PET on 28 July 2017.

(click here to see the 7 August 2017 Compliance from the COMELEC)

On 7 August 2017, BBM filed his Comment to the Letter from the COMELEC – OFOV.

In his Comment, BBM stated that it is incumbent upon the COMELEC to pay the storage fees and other necessary expenses incurred by the overseas posts. He stressed that it is the COMELEC’s duty to safeguard all the election paraphernalia subject to an election protest.

(click here to see the 7 August 2017 Comment of BBM)

On 9 August 2017, BBM received a Notice from the PET regarding various matters that were taken up during the 11 July 2017 Preliminary Conference, including the following:

1. Directing BBM to provide Robredo with a copy of his Motion for Technical Examination and Manifestation and Reiterative Motion for the collection of election materials for his pilot provinces;
2. Directing Robredo to submit her comment on the above Motion;
3. Directing BBM and Robredo to submit their comments on the Preliminary Conference Guide; and
4. Directing BBM and Robredo to submit a new list of witnesses per the limitations set during the Preliminary Conference.

In the same Notice, the PET also :

1. Noted receiving BBM’s second and final installment of the required cash deposit;
2. Deferred Action on the Supplemental Motion of Robredo dated 28 June 2017; and
3. Deferred Action on the Motion for Reconsideration Pro Tanto of Robredo.

(click here to see the 9 August 2017 Notice from the PET)

On 10 August 2017, BBM received a copy of the Proof of Service and Receipt furnished by COMELEC –OFOV.

(click here to see the 10 August 2017 Proof of Service and Receipt from the COMELEC-OFOV)

On 11 August 2017, BBM received a Notice from the COMELEC wherein it noted, adopted and approved all the recommendations of the Electoral Contests and Adjudication Department (ECAD). These were approved soon after the recounting of the printed ballot images in various clustered precincts in Cebu City were completed in the election protest of Rama vs. Osmeña (Cebu City).

(click here to see the 11 August 2017 Notice from the COMELEC)

After 58 weeks (or roughly 410 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 57: July 31 – August 6, 2017

On 1 August 2017, BBM received a Letter which the COMELEC – Office for Overseas Voting sent the PET. The Letter requested for payment of storage fees as a result of the “safe keeping” of various election paraphernalia in Hong Kong (amounting to HK$ 90,000.-), New York (amounting to US$ 24,678.50) and 18 other posts (no amounts mentioned).

(click here to see the 1 August 2017 Letter from the COMELEC – Office for Overseas Voting)

On 2 August 2017, BBM filed his Comment to Robredo’s Urgent Motion to Defer Payment of her second installment amounting to Php 7,439,000.-

In his Comment, BBM stated that he had no objection to Robredo’s request.

BBM also reminded the PET that in order to hasten the election proceedings, he has repeatedly insisted on the simultaneous presentation of evidence for all 3 Causes of Action since they are not dependent on each other and can stand on their own.

BBM also reiterated his request for the immediate collection, retrieval, transport and delivery of the election paraphernalia for all of the clustered precincts in :

Basilan, Lanao del Sur and Maguindanao (2nd Cause of Action)
Camarines Sur, Iloilo and Negros Oriental (3rd Cause of Action)

(click here to see the 2 August 2017 Comment of BBM)

After 57 weeks (or roughly 403 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 56: July 24 – 30, 2017

On 25 July 2017, BBM received a copy of the Manifestation from the COMELEC regarding BBM’s position that the PET be given prior custody of the ballot boxes and other election paraphernalia in the election protest of Abdusakur M. Tan vs. Mujiv Hataman.

Considering the PET has the preferential right over the custody and recount of ballots whenever simultaneous election protests are involved, the COMELEC, through the OSG, submitted the matter to the Tribunal’s discretion.

(click here to see the 19 July 2017 Manifestation from the OSG)

On 25 July 2017, BBM received the Compliance and Manifestation of Robredo with respect to the aforementioned matter. Robredo informed the PET that she poses no objection to the request of the COMELEC that it be given prior custody of the ballot boxes and other election paraphernalia in the election protest of Abdusakur M. Tan vs. Mujiv Hataman.

(click here to see the 18 July 2017 Compliance and Manifestation from Robredo)

On 27 July 2017, BBM received the following from Robredo:

1. Comment and Opposition asking the PET to deny BBM’s Motion for Technical Examination on the following grounds:

i. That the parties are not allowed to designate more than 3 pilot provinces; Thus the ballot boxes from Lanao del Sur, Basilan and Maguindanao should not be subject of any technical examination at this stage of the proceedings;
ii. That there are pending incidents which must first be resolved by the Tribunal before any technical examination can be undertaken; and
iii. That there is no sufficient basis to allow the technical examination of the EDCVL.

(click here to see the 20 July 2017 Comment and Opposition from Robredo)

2. Comment and Opposition asking the PET to deny BBM’s reiterative Motion to Direct the Collection of Ballot Boxes and other Election Documents and Paraphernalia for the Pilot Protest. Robredo based her opposition on the following grounds:

i. That the parties are not allowed to designate more than 3 pilot provinces; Thus, the ballot boxes from Lanao del Sur, Basilan and Maguindanao should not be subject of any collection and retrieval;
ii. That there are pending incidents which must first be resolved by the Tribunal before any collection and retrieval can be undertaken;
iii. There are logistical concerns on the part of Tribunal which must first be resolved.

(click here to see the 20 July 2017 Comment and Opposition from Robredo)

On 28 July 2017, BBM received a copy of a Notice wherein the PET resolved to:

1. Note BBM’s compliance of the payment of the final installment of the cash deposit;
2. Await Robredo’s comment on BBM’s Motion to direct the collection of ballot boxes and other election paraphernalia for the pilot provinces;
3. Require BBM to comment on Robredo’s Motion to defer payment of second installment
of additional cash deposit dated 13 July 2017;
4. Direct the COMELEC to furnish BBM with a copy of the letter dated 10 July 2017 of Maria Lea
R. Alarkon of the Office for Overseas Voting (OFOV);
5. Require BBM to comment on the above-mentioned letter.

(click here to see the 18 July 2017 Notice from the PET)

On 28 July 2017, BBM received a Notice from the COMELEC informing the parties that the decryption of the SD cards and printing of ballot images and other election related matters for various clustered precincts in San Antonio, Northern Samar was scheduled on August 1, 2 and 3, 2017 at the COMELEC offices in Palacio del Gobernador, Manila.

(click here to see the 27 July 2017 Notice from the COMELEC)

After 56 weeks (or roughly 394 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 55: July 17 – 23, 2017

On 19 July 2017, BBM filed a Manifestation with the PET informing them that he complied with their directive and timely filed his Comment to the Preliminary Conference Guides on 18 July 2017.

In his Comment, BBM objected to the suggestion that COMELEC be impleaded as a party because to do so would further delay the proceedings in his election protest. BBM also asked the PET to ADOPT his Comment and that the same form part of the records of the case.

(click here to see the 19 July 2017 Manifestation with the attached 17 July 2017 Comment from BBM)

On 20 July 2017, BBM received a Notice from the Office of the City Treasurer of Cebu City regarding the transmittal of the certain documents to the Senate Electoral Tribunal (“SET”) in relation to the election protest of Tolentino vs. De Lima.

(click here to see the 17 July 2017 Notice from Office of the Treasurer of Cebu City)

On 21 July 2017, BBM received a copy of the Compliance and Urgent Motion from Robredo wherein she asked the PET to allow her to defer payment of the second installment amounting to Php 7,439,000.00.

BBM, on the other hand, dutifully complied with the 21 March 2017 Resolution of the PET by paying the second and final installment of Php 30,000,200 with the Clerk of Court on 10 July 2017.

(click here to see the 13 July 2017 Compliance and Urgent Motion from Robredo)

After 55 weeks (or roughly 387 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

 


Week 54: July 10 – 16, 2017

On 10 July 2017 BBM, in compliance with the 21 March 2017 Resolution of the PET, deposited the final installment of Php 30,000,200.- with the Clerk of Court.

On 10 July 2017 BBM filed a Motion asking the PET to immediately direct the conduct of technical examination of the voters’ signature appearing on the EDCVL as against the voters’ signature appearing on the VRRs in each of the 2,756 clustered precincts in Basilan, Lanao del Sur and Maguindanao.

(click here to see the 10 July 2017 Motion from BBM)

On 11 July 2017, BBM received a Notice from the COMELEC wherein it noted, adopted, and approved the recommendations made by the Electoral Contests and Adjudication Department of the COMELEC (ECAD) regarding the completion of the recount proceedings in the elction protest of Michael Rama vs. Tomas Osmeña.

(click here to see the 10 July 2017 Notice from the COMELEC with the attached Order and Memorandum)

On 11 July 2017, BBM filed a Manifestation and Compliance with Reiterative Motion informing the PET that he fully paid the cash deposit for his election protest.

In view of his full payment, BBM asked the PET to direct the immediate collection, retrieval, transport and delivery of all the ballot boxes and other election paraphernalia in the provinces of Basilan, Lanao del Sur, Maguindanao, Camarines Sur, Iloilo and Negros Oriental.

(click here to see the 10 July 2017 Manifestation and Compliance with Reiterative Motion from BBM)

Later that day BBM, together with his lawyers, appeared before the PET for the conduct of the scheduled Preliminary Conference for his election protest (Ferdinand “ Bongbong” R. Marcos, Jr. vs. Maria Leonor “Leni Daang Matuwid” G. Robredo).

On 12 July 2017, BBM received Robredo’s Motion asking the PET to allow her to file a supplement to her Motion for Reconsideration Pro Tanto dated 24 February 2017.

In her Supplement, Robredo once again asked the PET to dismiss BBM’s election protest for his failure to “specify in detail the electoral frauds and irregularities that were committed during the last elections”.

(click here to see the 28 June 2017 Motion from Robredo)

On 14 July 2017, BBM received a Notice from the PET requiring the COMELEC and Robredo to comment on BBM’s request that the COMELEC not be given temporary prior custody of the ballot boxes and other elecgtion paraphernalia in the election protest of Abdusakur M. Tan vs. Mujiv S. Hataman for the position of ARMM Governor.

(click here to see the 27 June 2017 Notice from the PET)

On 14 July 2017, BBM received a Notice from the COMELEC informing the parties of the decryption of the SD Cards and other election paraphernalia for a number of clustered precincts in the election protest of Michael Rama vs. Tomas Osmeña (Cebu City). The decryption activity will be conducted on 24 July 2017 at the COMELEC main office at Palacio del Gobernador, Manila.

(click here to see the 13 July 2017 Notice from the COMELEC)

After 54 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 53: July 3 – 9, 2017

No significant developments

The PET has scheduled the Preliminary Conference for BBM’s election protest for 11 July 2017 at 2pm.

After 53 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 52: June 26 – July 2, 2017

On 28 June 2017, BBM received a copy of Robredo’s Manifestation with Omnibus Motion wherein she asked the PET:

1. For clarification on whether BBM should be held liable for the monthly expenses being incurred by the COMELEC in the amount of Php 5.6 million for the lease of the Sta. Rosa warehouse ; and

2. To direct the COMELEC to clarify whether BBM should be held liable to pay Php 2 billion for the costs of the VCMs under COMELEC’s contract with Smartmatic.

(click here to see the 20 June 2017 Manifestation from Robredo)

On 28 June 2017, BBM received a copy of the Urgent Motion for Leave to File and Admit Petition in Intervention filed by petitioners Zorayda Amelia C. Alonzo, et.al.. In their Urgent Motion, 6 women who allegedly voted for Robredo asked the PET to accept their individual “contribution” of Php 5,000 each as partial compliance for Robredo’s payment of the second instalment of the cash deposit which is due on 14 July 2017.

(click here to see the 20 June 2017 Petition in Intervention from Alonzo, et.al.)

The PET scheduled the Preliminary Conference for BBM’s election protest on 11 July 2017 at 2pm.

After 52 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 51: June 19 – 25, 2017

On 21 June 2017, BBM received a copy of Robredo’s Comment and Opposition asking the PET to deny BBM’s Motion for Decryption and Printing of Ballot Images on the ground that there are still pending issues that still have to be resolved, particularly, the sufficiency of BBM’s election protest.

(click here to see the 14 June 2017 Comment and Opposition from Robredo)

On 22 June 2017, BBM received a Notice from the COMELEC informing the parties that a decryption of the Secure Digital Cards and printing of ballot images and other election returns for the 22 clustered precincts in the municipality of Rizal, Kalinga will be conducted on June 28-30, 2017 at the COMELEC office in Palacio del Gobernador, Manila.

(click here to see the 21 June 2017 Notice from the COMELEC)

On 23 June 2017, BBM received a transmittal of the Minutes of the Proceedings from COMELEC with regard to the opening of the ballot boxes as well as the retrieval of election returns for clustered precinct no. 33 in Barangay Kanghaas, Hilongos in Leyte.

(click here to see the 16 June 2017 transmittal of the Minutes from the COMELEC Baybay City, Leyte)

On 23 June 2017, BBM filed a Manifestation and Motion with the PET regarding the collection, retrieval and turn over of the relevant ballot boxes and other election paraphernalia used in the pending case of Imelda A. Papin v. Arnulfo “Noli” P. Fuentebella.

BBM asked the PET to exercise its preferential right over the custody and revision of ballots from the province of Camarines Sur, including those involved in the abovementioned case.

He further asked the PET to direct the HRET to defer the collection, retrieval and turn over of the relevant ballot boxes and other election paraphernalia used in the protested clustered precincts of the Fourth District of Camarines Sur.

(click here to see the 21 June 2017 Manifestation and Motion from BBM)

The PET scheduled the Preliminary Conference for BBM’s election protest on 11 July 2017 at 2pm.

After 51 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 50: June 12 – 18, 2017

In compliance with the PET’s Resolutions, the parties were directed to submit their preliminary conference briefs (“PCB”) on or before 16 June 2017. BBM and Robredo complied with the said directive and filed their respective PCBs on 16 June 2017.

(click here to see the PCB of BBM)

(click here to see the PCB of Robredo)

The PET scheduled the Preliminary Conference for BBM’s election protest on 11 July 2017 at 2pm.

After 50 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 49: June 5 – 11, 2017

On 5 June 2017, BBM a Notice from the COMELEC informing the parties in Election Protest Case No. 2016-07 (Angana vs. Zambo, et.al) that the technical examination for the said case will commence on 7 June 2017 at the COMELEC office in Manila.

(click here to see the 2 June 2017 Notice from the COMELEC)

On 7 June 2017, BBM received the Manifestation / Compliance from the COMELEC, in compliance with PET Resolutions dated 18 and 25 April 2017, respectively. Please note that :

The 18 April 2017 Resolution directed the COMELEC to clarify matters regarding the suspension of the stripping activities on the Consolidation and Canvassing System (CCS). In response, the COMELEC notified the Tribunal that it cannot back up significant reports and data contained in the CCS laptops since the digital certificates of the CCS expired in December 2016.

The 25 April 2017 Resolution required the COMELEC to inform the Tribunal of the itemized costs it may be required to pay under the Automated Election System (AES) contracts. According to the COMELEC, the itemized costs which SMARTMATIC may require the COMELEC to pay amounts to Php 2,078,304,225.76 . The 2B peso cost was “on account of the instant election protest”.

(click here to see the 25 May 2017 Manifestation / Compliance from the COMELEC / OSG)

On 7 June 2017, BBM received a Notice from the COMELEC (Baybay City, Leyte) informing him of the conduct of the:

1) Opening of the ballot boxes of Clustered Precinct no. 33, Precinct Nos. 0086A, 0087A Brgy. Kanghaas on 14 June 2017 at the Municipal Hall of Hilongos, Leyte; and
2) Retrieval of the election returns for the May 2016 elections at Hilongos, Leyte on 14 June 2017.

(click here to see the 29 May 2017 Notice from the COMELEC)

On 9 June 2017, BBM received a Notice from the PET which resolved, among others, to:

1) CONSTITUTE a panel of 3 Commissioners to preside over the reception of evidence of the present electoral protest;

2) APPOINT the following as Chairperson and members of the panel of Commissioners:

i. Justice Jose Vitug as Chairperson
ii. Atty. Angelito Imperio as Member
iii. Atty. Irene Ragodon-Guevarra as Member;

3) REQUIRE Robredo to comment on BBM’s Motion for Decryption and Printing of Ballot Images;

4) DEFER action on Robredo’s 24 February 2017 Motion for Reconsideration, Pro Tanto, [because] these matters would be discussed during the preliminary conference;

5) RESET the preliminary conference from 21 June 2017 to 11 July 2017 at 2:00 p.m. at the En Banc session hall; and

6) DIRECT the parties to submit their preliminary conference briefs on or before 16 June 2017.

The Notice likewise resolved matters incidental to the present protest, such as:

1) GRANT authority to the HRET Secretary to take custody of the ballot boxes and other election paraphernalia used in the May 2016 elections with respect to the election protest cases pending with the HRET; and

2) GRANT the COMELEC (through the Office of the Exceutive Director) clearance to transfer the 2016 ballot boxes, as well as all the files pertaining to the May 2016 elections to the New Municipal Building but with prior notice of the date of the said transfer to the PET and the parties.

(click here to see the 6 June 2017 Notice from the PET)

The PET has scheduled the Preliminary Conference for BBM’s election protest for 11 July 2017.

After 49 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 48: May 29 – June 4, 2017

On 1 June 2017, BBM filed a Motion asking the PET for the immediate decryption and printing of the ballot images from the relevant Secure Digital (SD) cards and/or other data storage devices in each of the 36,465 protested clustered precincts in Cebu province, Leyte, Negros Occidental, Negros Oriental, Masbate, Zamboanga Del Sur, Zamboanga Del Norte, Bukidnon, Iloilo province, Bohol, Quezon province, Batangas, Western Samar, Misamis Oriental, Camarines Sur, Northern Samar (2nd district), Palawan, Albay, Zamboanga Sibugay, Misamin Occidental, Pangasinan, Isabela as well as those in Iloilo city, Bacolod city, Cebu city, Lapu-Lapu city and Zamboanga city during the May 2016 elections.

BBM made a reservation that his Motion should not affect his right to also ask for the Judicial Recount / Revision, Technical Examination and Forensic Investigation of the paper ballots and/or the ballot images, voter’s receipts, election returns, audit logs, transmission logs, the lists of voters, particularly the Election Day Computerized Voter’s List (EDCVL), and voters registration records (VRRs), the books of voters and other pertinent election documents used during the May 2016 elections.

(click here to see the 1 June 2017 Motion of BBM)

The PET has set the Preliminary Conference for BBM’s election protest on 21 June 2017.

After 48 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 47: May 22 – 28, 2017

On 24 May 2016, BBM received a copy of the OSG’s second Motion asking for additional time to file its Compliance with various PET Resolutions.

(click here to see the 21 May 2017 Motion from the OSG)

The PET has set the Preliminary Conference for BBM’s election protest on 21 June 2017.

After 47 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 46: May 15 – 21, 2017

On 16 May 2017, BBM received a copy of the Motion from the OSG asking for additional time to file its Compliance with various PET Resolutions.

(click here to see the 5 May 2017 Motion from the OSG)

On 17 May 2017, BBM received a copy of the Notice from the COMELEC acknowledging receipt of election documents relating to Election Protest Case No. 2016-16 (Michael Rama vs. Tomas Osmeña).

(click here to see the 16 May 2017 Notice from the COMELEC)

On 18 May 2017, BBM received a copy of the Notice from the COMELEC informing the parties in Election Protest Case No. 2016-07 (Angana vs. Zambo, et.al) of the delivery and turn-over of various election-related documents to the Commission on 23 May 2017.

(click here to see the 16 May 2017 Notice from the COMELEC)

The PET set the Preliminary Conference for BBM’s election protest on 21 June 2017. This means that 357 days will have passed since he filed his protest on 29 June 2016.

After 46 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 45: May 8 – 14, 2017

On 12 May 2017, BBM filed an Urgent Ex-Parte Motion and requested the PET to designate three (3) hearing Commissioners for the preliminary conference scheduled for 21 June 2017 and for the corresponding trial proper. According to BBM, this designation would help facilitate the orderly and speedy disposition of his election protest, especially since there are three (3) separate causes of actions in the said protest.

(click here to see the 10 May 2017 Motion from BBM)

On 12 May 2017, BBM received copies of Robredo’s:

1) Manifestation and Compliance which notified the Tribunal that she deposited Php 8,000.000.- as required by the PET;

(click here to see the 5 May 2017 Manifestation from Robredo)

2) Urgent Ex-Parte Motion wherein she asked the PET to admit her Opposition to BBM’s Motion to dismiss her Counter-Protest ;

(click here to see the 10 May 2017 Motion from Robredo)

The PET set the Preliminary Conference for BBM’s election protest on 21 June 2017. This means that 357 days will have passed since he filed his protest on 29 June 2016.

After 45 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 44: May 1 – 7, 2017

On 4 May 2017, BBM received two (2) Notices from the COMELEC:

The first Notice stated that a diagnostic of the Election Management System [EMS] server would be conducted on 12 May 2017 at the COMELEC warehouse in Sta. Rosa, Laguna;

(click here to see the 3 May 2017 Notice from the COMELEC)

The Second Notice acknowledged the poll body’s receipt of the Notice of Inventory, Sealing and Turn-Over of Ballot Boxes in Election Protest Case No. 2016-16 (Michael Rama vs. Tomas Osmeña).

(click here to see the 3 May 2017 Notice from the COMELEC)

The PET set the Preliminary Conference for BBM’s election protest on 21 June 2017. This means that 357 days will have passed since he filed his protest on 29 June 2016.

After 44 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 43: April 24 – 30, 2017

On 24 April 2017, BBM received an urgent Ex-Parte Omnibus from Robredo wherein she asked the PET to issue a resolution :

1) clarifying the cash deposit to be paid by BBM;
2) directing the COMELEC to submit the itemized cost of the fees payable to Smartmatic because of the delay in returning the 92,509 VCMs used in the 9 May 2016 elections which are the subject of the election protest and the PPO; and
3) holding in abeyance Robredo’s payment of the cash deposit for the 8,042 counter-protested clustered precincts

(click here to see the 12 April 2017 Manifestation with urgent Ex-Parte Omnibus Motion from Robredo)

On 25 April 2017, BBM received a Letter from the COMELEC requesting the PET to authorize them to have temporary custody of the ballot boxes and other election – related documents and paraphernalia used in the 9 May 2016 elections for the position of Governor in ARMM.

(click here to see the 22 April 2017 Letter from the COMELEC)

On 26 April 2017, BBM received two (2) Notices from the PET:

The 18 April 2017 Resolution of the PET which resolved, among others, to:

1) Note the 7 April 2017 Manifestation of Robredo;
2) Direct the COMELEC to clarify the matters raised by Robredo in her 7 April 2017 Manifestation ; and
3) Note BBM’s 17 April 2017 cash deposit payment in the amount of Php 36,023,000.00

(click here to see the 18 April 2017 Notice from the PET)

The 25 April 2017 Resolution of the PET which resolved, among others, to:

1) Deny the 12 April 2017 Manifestation with urgent Ex-Parte Omnibus Motion of Robredo;
2) Direct Robredo to comply with the payment of the first installement of the cash deposit within a non-extendible period of 5 days from notice;
3) Defer action on the 19 April 2017 Omnibus Motion of BBM (for the dismissal of the counter-protest), until Robredo’s compliance with the payment of the cash deposit ;
4) Grant the setting the preliminary conference on 21 June 2017, at 2 p.m.; and
5) Require both parties to file their respective Preliminary Conference Briefs at least 5 days before the 21 June 2017 conference.

(click here to see the 25 April 2017 Notice from the PET)

The PET set the Preliminary Conference for BBM’s election protest to 21 June 2017 — which is 357 days from the time he filed his protest on 29 June 2016.

After 43 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]

 


Week 42: April 17 – 23, 2017

On 17 April 2017, in order to dutifully comply with the 21 March 2017 Resolution of the PET, BBM deposited the amount of Php 36,023,000.00 with the Clerk of Court. Robredo, however, chose not to comply with the PET Order and chose not to deposit the required amount for her counter-protest.

On the same day, BBM received a Notice from the PET regarding various matters incidental to the present protest.

(click here to see the 4 April 2017 Resolution from the PET)

On 18 April 2017, BBM received the Manifestation of Robredo:

1) seeking a“clarification” on the issues relating to the backing up of the CCS laptops in the COMELEC warehouse in Sta. Rosa, Laguna;

and

2) requesting that the integrity of the CCS laptops be preserved “if only to erase any doubts as to the legitimacy of her victory over protestant Marcos”.

(click here to see the 7 April 2017 Manifestation from Robredo)

On 18 April 2017, BBM received a Notice from the PET informing the parties that a DECRYPTION of the Secure Digital Cards, printing ballot images, election returns and audit logs for the 7 clustered precincts in the municipality of Araceli, Palawan will be conducted on Wednesday, 26 April 2017 at the COMELEC office in Palacio del Gobernador, Manila.

(click here to see the 18 April 2017 Notice from the PET)

On 20 April 2017, BBM received a Motion of Robredo wherein she asked the PET to:

1) dismiss BBMs’ protest for the annulment of election results in the 34 municipalities of Lanao del Sur due to “insufficiency in form and substance”;

2) dismiss BBMs’ protest for the annulment of election results in the 35 municipalities of Maguindanao due to “insufficiency in form and substance”;

3) dismiss BBMs’ protest for the annulment of election results in the 8 municipalities of Basilan due to “insufficiency in form and substance”;

4) dismiss BBMs’ protest for the revision and recounting of ballots in the cities and municipalities where no Affidavits were submitted and where “no narration of irregularities were supposedly made”.

(click here to see the 11 April 2017 Motion from Robredo)

It will be recalled , however, hat the PET had already ruled that BBMs’election protest was “sufficient in form and substance”on two (2) separate occasions :
1st on 12 July 2016 when the PET resolved to issue the Summons against protestee Robredo; and
2nd on 24 January 2017 when the PET, in a Resolution, denied the special and affirmative defenses of Robredo

On 20 April 2017, BBM filed an Omnibus Motion asking the PET :

1) to DISMISS Robredos’counter-protest due to her failure to pay the cash deposit as required by the PET; and
2) to SET the conduct of the preliminary conference for the election protest.

(click here to see the 19 April 2017 Omnibus Motion from BBM)

After 42 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 41: April 10 – 16, 2017

On 10 April 2017, BBM received 2 Notices from the PET.

The 21 March 2017 Resolution directed BBM to pay a cash deposit in the amount of Php 66,223,000.00. The Tribunal used the total number of established precincts” as the base figure in computing the amount
of the cash deposit.

Justice Presbiterio Velasco submitted a dissenting opinion because he disagreed with the computation used in determining the cash deposit required. Justice Velasco explained that the computation should be based on the total number of “clustered precincts”, otherwise, “it may be unfair for the parties to be required to post a deposit bond based on the number of precincts, over which they might not have actual control.”

The 21 March 2017 Resolution – which was received on 10 April 2017 — required BBM to deposit the first installment amounting Php 36,023,000.00) on or before 14 April 2017 and the final installment amounting to Php 30,000,000.00 on or before 14 July 2017.

(click here to see the 21 March 2017 Resolution from the PET)

The 28 March 2017 Resolution resolved matters incidental to the present protest.

(click here to see the 28 March 2017 Resolution from the PET)

After 41 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 40: April 3 – 9, 2017

No significant developments.

After 40 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 39: March 27 – April 2, 2017

On 30 March 2017, BBM received a Notice from the COMELEC informing him that the on-going CCS backing up activities at Sta. Rosa, Laguna would be SUSPENDED.  According to the electoral body, they had to suspend the activities because they discovered that the Certificates of Canvass and Statistical Reports COULD NOT be retrieved from the CCS Laptops due to the EXPIRATION of the certificates installed therein last December 2016.

To address this problem, the COMELEC said it would  ‘just change’  the system date to an earlier period.  A demonstration of the  ‘just change’  procedure will be held at the COMELEC warehouse in Sta. Rosa, Laguna on 03 April 2017.

(click here to see the 29 March 2017 Notice from the COMELEC)

After 39 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 38: March 20 – 26, 2017

It looks like the COMELEC has been busy these past few days. For this week alone, BBM received no less than four (4) Notices from the COMELEC, to wit :

1. Notice regarding the decryption of SD cards and other election data in San Antonio, Northern Samar;

(click here to see the 20 March 2017 Notice from COMELEC)

2. Notice with respect to the election closure activities being conducted at the COMELEC warehouse in Sta. Rosa, Laguna:

1) Release of VCM external batteries on 21 March 2017;
2) Stripping of unused CCS kits on 21 March 2017;
3) Stripping of used CCS kits on 27 March 2017;
4) Back-up of VCM SD cards and used CCS kits on 27 March 2017.

(click here to see the 20 March 2017 Notice from COMELEC)

3. Notice informing the Supreme Court that all requests for election-related data in Siruma, Camarines Sur be addressed to the RTC concerned since the latter now has possession of the requested files.

(click here to see the 20 March 2017 Notice from COMELEC)

4. Indorsement letter addressed to the PET regarding the inventory, retrieval and delivery of election-related data in Toledo City, Cebu;

(click here to see the 21 March 2017 Indorsement from COMELEC)

On 23 March 2017, BBM sent COMELEC the names of his representatives for the election closure activities to be conducted on 21 March and 27 March 2017.

(click here to see the 23 March 2017 Letter rom BBM)

After 38 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 37: March 13 – 19, 2017

On 10 March 2017, BBM received a Notice from COMELEC informing him that a briefing will be conducted at the COMELEC warehouse in Sta. Rosa, Laguna on 20 March 2017 regarding :

1) the Stripping of unused CCS Kits beginning 20 March 2017
(the same day as the supposed briefing); and

2) the Back-up of Secure Digital (SD) Cards beginning 27 March 2017.

(click here to see the 10 March 2017 Notice from COMELEC)

On 15 March 2017, BBM sent COMELEC the names of his representatives for the Briefing, Stripping of the unused CCS kits, and Back-up of SD cards to be conducted on 20 March and 27 March 2017, respectively.

(click here to see the 15 March 2017 Letter from BBM)

On 16 March 2017, BBM received a Notice from the PET which resolved, among others :

1) Grant BBM’s Ex-Parte Motion to secure the ballot images as well as other election –related data in an on-going election protest filed in Siruma, Camarines Sur.

2) Authorize the COMELEC to proceed with the decryption of the SD Cards as well as the printing of the ballot images for the seven (7) contested clustered precincts of the Municipality of Araceli, Palawan.

(click here to see the 7 March 2017 Resolution from the PET)

After 37 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 36: March 5 – 12, 2017

On 6 March 2017, BBM filed his Reply and cautioned the PET about the delaying tactics of the Robredo camp.

BBM cited the case of Manuel A. Roxas v. Jejomar C. Binay wherein the preliminary conference was scheduled barely two (2) months after the filing of Roxas’ election protest; in BBM’s case, however, eight (8) months have already lapsed and the preliminary conference has yet to be scheduled.

(click here to see the 6 March 2017 Reply from BBM)

On 9 March 2017, BBM received a Letter from the COMELEC regarding Robredo’s request that she be given copies of the printed ballot images, election returns and other election data from a pending election protest in Camarines Sur.

(click here to see the 8 March 2017 Letter from the COMELEC)

After 36 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 35: February 27 – March 5, 2017

On 28 February 2017, BBM received Robredo’s Comment/ Opposition asking the Tribunal to deny BBM’s motion, to set the case for Preliminary Conference.

Although the PET recently ruled that BBM’s election protest is sufficient in form and substance, the scheduling of the Preliminary Conference is, lamentably, already over 5 months overdue.

(click here to see the 17 February 2017 Comment/Opposition from Robredo)

On 28 February 2017, BBM received a Notice from the PET which noted matters incidental to the election protest, including Robredo’s Comment / Opposition to have the Preliminary Conference scheduled. The Notice likewise gave BBM a non-extendible period of ten (10) days within which to file his Reply to Robredo’s Comment / Opposition.

(click here to see the 21 February 2017 Resolution from the PET)

On 2 March 2017, BBM duly filed an Ex-Parte Motion to secure the ballot images as well as other election –related data in an on-going election protest filed in Siruma, Camarines Sur.

(click here to see the 22 February 2017 Ex-Parte Motion from BBM)

On 3 March 2017, BBM received Robredo’s Motion for Reconsideration Pro Tanto with Prayer to Set for Hearing which asked the Tribunal to reconsider its 24 January 2017 Resolution which denied her request to dismiss BBM’s election protest.

(click here to see the 24 February 2017 Motion for Reconsideration from Robredo)

After 35 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 34: February 20 – 26, 2017

On 20 February 2017, BBM received the following:

1) Urgent Ex-Parte Motion of Robredo wherein she asked the PET to allow her to secure copies of the printed ballot images, election returns and audit logs from the decrypted SD cards in CamSur as well as in the protested and counter-protested clustered precincts subject of the election protest.

(click here to see the 13 February 2017 Urgent Ex-Parte Motion from Robredo)

2) Manifestation from COMELEC, informing the PET that it will be resubmitting its Comment dated 18 November 2016.

(click here to see the 14 February 2017 Manifestation from the COMELEC)

3) Notice from the PET wherein it resolved various incidental matters, including Robredo’s recent Motion dated 13 February 2016.

(click here to see the 14 February 2017 Resolution from the PET)

After 34 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 33: February 13 – 19, 2017

On 14 February 2017, BBM received a Notice from the COMELEC informing him that they will be conducting a diagnostic of the Election Management System servers on 24 February 2017 at the COMELEC warehouse in Sta. Rosa, Laguna.

(click here to see the 13 February 2017 Notice from the COMELEC)

On 15 February 2017, BBM received a Resolution from the PET wherein the tribunal resolved, among others, to DENY protestee Robredo’s request to dismiss BBM’s election protest.

(click here to see the 24 January 2017 Resolution from the PET)

After 33 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 32: February 6 – 12, 2017

On 8 February 2017, BBM received a Notice from the PET wherein it decided to :

1) GRANT the 16 January 2017 Motion from the COMELEC to REBOOT the servers in the Memory Configuration Room of the Sta. Rosa warehouse; to conduct and undertake DIAGNOSTICS thereon; and to SHUTDOWN the servers once the diagnostics have been conducted.

The PET likewise informed the COMELEC:

i. to give the PET and parties prior notice of the date of the rebooting, diagnostics and shutting down of the servers;
ii. to allow the PET and the parties to observe and participate therein; and
iii. to inform the PET and the parties of the status and result of the said activities.

2) DIRECT Protestee Robredo to file her Comment on BBM’s 24 January 2017 Ex-Parte Motion to set [the] Case for Preliminary Conference within ten (10) days from receipt of said Notice.

(click here to see the 31 January 2017 Resolution from the PET)

After 32 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21].

 


Week 31: January 30 – February 5, 2017

On 30 January 2017, BBM received a Manifestation and Motion from the COMELEC, asking the PET to allow them to do the following at the Memory Configuration Room (MCR) in their Sta. Rosa, Laguna warehouse:

• to REBOOT the servers in the said warehouse;
• to conduct and undertake DIAGNOSTICS on the servers; and
• to SHUTDOWN the servers once the diagnostics have been conducted.

According to the COMELEC, they need to REBOOT and SHUTDOWN the servers because on 30 December 2016 the air-conditioning units of the server room failed to function.

COMELEC claims that when the air-conditioning units of the server room of the MCR suddenly stopped functioning, the same caused the server units to heat up and emit unusual noises. Since they were afraid that a fire would ensue, their IT staff decided to SHUT DOWN the SERVER units.

Because of the said incident, the COMELEC is now asking permission to REBOOT, conduct DIAGNOSTICS as well as SHUTDOWN the SERVER units in order to “ensure” the physical integrity of the servers.

(click here to see the 16 January 2017 Manifestation and Motion from the COMELEC)

On 31 January 2017, BBM received a Notice from the PET resolving incidental matters relative to the election protest.

(click here to see the 17 January 2017 Notice from the PET)

On 31 January 2017, the COMELEC likewise issued a Notice informing the parties to the present election protest that a DECRYPTION of the Secure Digital Cards, printing ballot images, election returns and audit logs for the 25 clustered precincts of the Municipality of Siruma, Camarines Sur will be conducted on 15 February 2017 at the COMELEC office in Palacio del Gobernador, Manila.

It will be recalled that Camarines Sur is one of the provinces included in BBM’s election protest.

(click here to see the 31 January 2017 Notice from the COMELEC)

After 31 weeks, we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 30: January 23 – 29, 2017

Today marks WEEK 30 of BBM’s election protest.

216 days have passed since BBM filed his election protest on 29 June 2016.

On 26 January 2017, BBM filed an Ex-Parte Motion to Set[the]Case for Preliminary Conference with the PET. He asked the High Tribunal to schedule a preliminary conference for his election protest since, under Rule 29 of A.M. No. 10-4-29-SC of the 2010 PET Rules, the issues in this case had already been joined and the last pleading in relation to the said joinder was filed and served over 4 months ago – – on 9 September 2016.

(click here to see the 9 September 2016 pleading filed by BBM)
(click here to see the 26 January 2017 Ex-Parte Motion of BBM)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 29: January 16 – 22, 2017

On 20 December 2016, BBM received a Notice from COMELEC Commissioner Christian Lim informing him that COMELEC will be STRIPPING the VCM SD cards and CCS Kits beginning 9 January 2017 onwards at the COMELEC warehouse in Sta. Rosa, Laguna.

It will be recalled that 3 months earlier, BBM already opposed the said STRIPPING activity by filing a Comment with the PET. BBM argued that the STRIPPING activity would violate the PET’s clear and express directive that the poll body preserve all the election material used in the May 2016 elections. He also informed the PET that although he had formally written to the COMELEC 4 times — on May 31, June 2, June 16 and July 14, 2016 – requesting for a forensic audit of the VCMs and CCS laptop units used during the May 2016 elections, the poll body ignored all his written requests for an audit.

In its 8 November 2016 Resolution, however, the PET allowed COMELEC to proceed with the STRIPPING activity for all the VCM and CCS Kits.

(*click here to see the May 31, June 2, June 16, July 14, 2016 letters of BBM)
(*click here to see the 5 September 2016 Comment of BBM)
(*click here to see the 8 November 2016 Resolution from the PET)
(*click here to see the 20 December 2016 Notice from COMELEC)

During the STRIPPING activity briefing held at Sta. Rosa, Laguna on 5 January 2017, COMELEC Commissioner Christian Lim informed the parties & their representatives that per SET Resolution No. 16-19, they were ordered not to strip 151 VCMs because the same formed part of the areas being protested by former Metro Manila Development Authority (MMDA) Chairman Francis Tolentino. According to Commissioner Lim, the poll body would be issuing a written clarification regarding this. As of this date, however, no clarification has yet been issued.

A week later, on 11 January 2017, BBM received a Notice from COMELEC informing him that the poll body would be conducting a DECRYPTION activity at Palacio del Gobernador on 16 January 2017. The said DECRYPTION activity would involve the 26 — out of the 127 SD cards — that were found to contain data during the stripping of 1,356 unused VCMs last October 2016.

It is important to note that the other 101 SD cards were not part of the DECRYPTION activity since these were set aside by the Senate Electoral Tribunal (SET) upon the motion by former Metro Manila Development Authority (MMDA) Chairman Francis Tolentino in his election protest before the SET.

(*click here to see the 11 January 2017 Notice from COMELEC)

Since the DECRYPTION activity was supposed to involve unused SD cards, all the parties & their representatives who were present at the Palacio del Gobernador on 16 January 2017 were surprised to learn that 13 out the supposedly unused 26 SD cards had folders containing data in them. Because of this, the PET stepped in and ordered COMELEC to reset the DECRYPTION activity.

On 20 January 2017, BBM received a copy of the Notice from the PET resolving incidental matters relative to the election protest.

(*click here to see the 10 January 2017 Notice from the PET)

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 28: January 9 – 15, 2017

On 11 January 2017, BBM sent a letter to the COMELEC addressed to Commissioner Christian Robert S. Lim requesting the Commission to furnish him with an official list of the “quarantined” Vote Counting Machines (VCMs) that were found to be claimable, unclaimable and mismatched.

(click here to see the letter of BBM to the COMELEC)

On the same day, Commissioner Christian Robert S. Lim, in a Memorandum, endorsed said Letter to Director Ferdinand P. De Leon.

(click here to see the Memorandum)

On 12 January 2016 Director Ferdinand P. De Leon, in a letter of 1st Indorsement, forwarded the Letter to Director J. Thaddeus P. Hernan of the Administrative Services Department for perusal and appropriate action.

(click here to see the letter of 1st Indorsement)

Despite the above indorsements, COMELEC has not yet granted BBMs request.

This is not surprising considering that in the past, BBM wrote several letters to the COMELEC requesting for a copy of the audit logs used in the May 2016 elections. To this day, however, his request has fallen on deaf ears.

(click here to see the 2nd letter of BBM to COMELEC dated June 2, 2016)

(click here to see the 3rd letter of BBM to COMELEC dated June 16, 2016)

(click here to see the 4th letter of BBM to COMELEC dated July 13, 2016)

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 27: January 2 – 8, 2017

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 26: December 26, 2016 – January 1, 2017

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 25: December 19 – 25, 2016

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 24: December 12 – 18, 2016

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 23: December 5 – 11, 2016

On 7 December 2016, BBM received a copy of the PET Resolution which granted BBM’s request for PET to direct the COMELEC to furnish him and other interested parties with copies of the Minutes of the Proceedings and/or Transcript of Stenographic Notes taken during the closure / stripping activities conducted in Sta. Rosa Laguna, and the results of the decryption of the SD cards of contingency VCMs which were found to contain data during the said closure / stripping activities.

(click here to see the receiving copy of the PET Resolution)

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 22: November 28 – December 4, 2016

On 1 December 2016, BBM received a copy of the PET Resolution which granted Robredo’s earlier request for the decryption of the Secure Digital cards set aside during the stripping activities in Sta. Rosa, Laguna and the printing of the audit log reports and other relevant data contained therein.

(click here to see the receiving copy of the PET Resolution)

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 21: November 21 – 27, 2016

On 23 November 2016, BBM received a copy of the Notice of the ‘Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections held on November 02, 2016. In the said meeting, the COMELEC acknowledged receiving BBM’s letter informing them that he would not be sending any representative to the 26 October 2016 stripping activity in Sta. Rosa, Laguna because to do so would be a clear violation of the PPO issued by the PET.

(click here to see the receiving copy of the Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections held on November 02, 2016)

On 24 November 2016, BBM received a copy of Robredo’s Urgent Ex-Parte Motion for Leave to be Allowed to Decrypt the Set Aside Secure Digital Cards and Printing of Audit Logs dated 15 November 2016. Robredo asked the PET to issue an Order allowing the decryption of the SD cards set aside during the stripping activities as well as the printing of the audit log reports. According to Robredo, during the stripping activity in Sta. Rosa, Laguna, it was discovered that there were several SD cards containing data inside the supposedly “unused” VCM machines which the COMELEC wanted to return to Smartmatic.

(click here to see the receiving copy of Robredo’s Motion)

On 24 November 2016, BBM filed a Manifestation and reiterated his reason(s) for not sending any representative to witness the closure / stripping activities of the COMELEC in Sta. Rosa, Laguna. Per BBM, the stripping activity clearly violated the purpose of the PPO issued by the PET last 12 July 2016.

BBM requested that he be given a copy of the Minutes of the Proceedings and/or Transcript of Stenographic Notes which were taken during the 26 October 2016 and 02 November 2016 closure / stripping activities. BBM also asked that he be given the results of the decryption of the SD cards from the 1,356 VCMs which were found to contain data during the closure / stripping activities of the COMELEC in Sta. Rosa, Laguna.

(click here to see the receiving copy of BBM’s Manifestation)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 20: November 14 – 20, 2016

On 8 November 2016, the PET issued a Resolution covering a number of ancillary matters.

On the issue as to whether COMELEC could conduct closure / stripping activities as well as backing up of the VCM SD cards and CCS units covered by the PPO, the PET decided to :

1) MODIFY the PPO by excluding the election materials and paraphernalia used in the May 2016 elections that did not contain election results data;

2) AUTHORIZE the COMELEC and Smartmatic to immediately conduct the 2016 Automated Election System Project closure / stripping activities for all the VCM and CCS Kits, including the immediate disposal of the VCM external batteries, with prior notice to the Tribunal, the protestant and protestee, and other interested parties;

3) AUTHORIZE the COMELEC’s Election Records and Statistics Department to back-up the contents of the VCM SD Cards of all municipalities, cities, and provinces under the PPO; and

4) CONFIRM the closure / stripping activities of the BGANs which were conducted prior to the receipt of the PPO.

(click here to see the receiving copy of the PET Resolution)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 19: November 7 – 13, 2016

This week, BBMs lead counsel received several Notices on incidental matters pertaining to the election protest.

Last week, BBM respectfully requested the PET to resolve these pending matters so that the election protest can move forward.

(click here to see the receiving copy of the Notice from Acting Election Officer Laura A. Macabuhay)

(click here to see the receiving copy of the Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections)

(click here to see the receiving copy of the OSG’s Motion)

Of interest is Robredo’s Manifestation dated 4 November 2016 which stated that during the stripping activity for the 1,356 VCMs on 26 October 2016 in Sta. Rosa Laguna, several SD cards were found to contain data.

(click here to see the receiving copy of Robredo’s Manifestation)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 18: October 31 – November 6, 2016

On 2 November 2016, BBM filed a Manifestation informing the PET that he will not be filing any Reply to the Comments and Oppositions filed by protestee Robredo as this will just delay the proceedings further. Instead, BBM asked the PET to immediately resolve these pending incidents on the basis of the pleadings previously submitted by the parties in support of their respective positions.

(click here to see the receiving copy of BBM’s Manifestation)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 17: October 24 – 30, 2016

On 24 October 2016, BBM sent a letter to the COMELEC informing them that they already filed an Urgent Manifestation & Motion with the PET regarding the COMELEC’s proposed plan to release 1,356 Vote Counting Machines [VCMs] to Smartmatic.

(click here to see BBM’s letter to the COMELEC)

On 25 October 2016, BBM sent another letter to the COMELEC informing them that they will not be sending any representative to the Training Room in Sta. Rosa City, Laguna on 26 October 2016. As stated in the letter, during the previous hearing conducted on 19 October 2016, BBM’s counsel specifically opposed the proposed release of the 1,356 VCMs because the same was covered by the Precautionary Protection Order [PPO] issued by the PET on 12 July 2016. Thus, it would be unwise to defy PET’s Order on the matter.

(click here to see BBM’s letter to the COMELEC)

On 26 October 2016, the PET issued a Resolution dated 5 October 2016:

1) Noting the Letter dated 22 September 2016 of Atty. John Gerald B. Dela Cruz of the COMELEC and granting his request for authority for the temporary prior custody of i) election paraphernalia used in the May 9 elections for the position of Mayor of Talisay City, Negros Occidental, and ii) election paraphernalia used in the May 9 elections for the position of Mayor of Marawi City;

2) Noting the Letter dated 27 September 2016 of Commissioner Christian Robert S. Lim informing the PET that the COMELEC has approved the request of Smartmatic for the release of the 1,356 VCMs; and,

3) Noting the Entry of Appearance with Motion dated 29 September 2016 filed by the OSG and granting its prayer to be served with all the pleadings and documents relative to the instant proceedings.

(click here to see the PET Resolution)

On 27 October 2016, COMELEC Commissioner Christian Robert Lim wrote a Letter to BBM’s lead counsel Atty. George Garcia, informing them that the “stripping” activity conducted last 26 October 2016 at Sta. Rosa City, Laguna was “not finished”, “the Commission will resume the stripping activities on 02 November 2016, 10:00 o’clock in the morning, at the Commission’s Sta. Rosa Warehouse.”

(click here to see the letter of Commissioner Christian Robert Lim to Atty. George Garcia)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 16: October 17 – 23, 2016

On 19 October 2016, BBM’s legal team went to the briefing at the poll body’s warehouse in Sta. Rosa, Laguna to discuss the protocol to be observed for the release of 1,356 VCMs which were supposedly not used during the last May elections.

Representatives of BBM manifested their objections to the planned release of the subject VCMs on the ground that doing so would be violative of the 12 July 2016 PPO issued by PET to preserve all election materials and equipment used in the May elections. Despite the objections posed, Atty. Jose M. Tolentino ruled that the poll body will proceed with the release of the subject VCMs on 26 October 2016.

On 21 October 2016, BBM filed an Urgent Manifestation and Motion asking the PET to prohibit the poll body from releasing the subject VCMs on 26 October 2016. He also asked the PET to direct the technical examination of the subject VCMs to finally determine whether these were not used during the last May elections.

(click here to see the receiving copy of BBM’s Urgent Manifestation and Motion)

On 21 October 2016, Atty. Jose M. Tolentino wrote a letter to BBM’s lead counsel Atty. George Garcia informing him that the poll body will proceed with the 26 October 2016 release of the 1,356 VCMs.

(click here to see the letter of Atty. Tolentino to Atty. George Garcia)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

Related Articles:

The Standard | Stop VCM release, Marcos asks tribunal
Manila Times | Stop vote counters’ return to Smartmatic – Marcos
Manila Bulletin | Marcos to file petition opposing return of counting machines
GMA News Online | Bongbong Marcos to ask SC to stop Comelec from releasing ‘unused’ VCMs to Smartmatic

 


Week 15: October 10 – 16, 2016

On 10 October 2016, BBM received a Notice from Atty. Jose M. Tolentino, COMELEC Executive Director, informing him of a scheduled briefing on 19 October 2016 in the poll body’s warehouse in Sta. Rosa, Laguna “to discuss the protocol to be observed” for the release to Smartmatic of 1,356 units of VCMs “which were not supposedly deployed and / or used during the May 2016 elections”. The said VCMs will be returned to Smartmatic on 26 October 2016 onwards.

In a related development, COMELEC Commissioner Christian Robert Lim likewise sent a letter dated 27 September 2016 to Supreme Court Chief Justice Maria Lourdes Sereno, informing the High Tribunal that the COMELEC had granted Smartmatic’s request to release the 1,356 units of supposedly unused VCMs. Commissioner Christian Robert Lim said that the approval to release the VCMs to Smartmatic was made “after the poll body had decided that the machines are not covered by the PPO issued by the PET.”*

(*click here to see the letter of Commissioner Christian Robert Lim to CJ Sereno)

On 13 October 2016, BBM wrote to COMELEC Commissioner Christian Robert Lim informing him that he will be sending representatives to the poll body’s warehouse in Sta. Rosa, Laguna for the scheduled briefing on 19 October 2016. However, BBM stated that this will be without prejudice to his filing of a subsequent Motion with the PET in relation to his Election Protest.*

(*click here to see the letter of BBM to Commissioner Christian Robert Lim)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

Related Articles:

Manila Times | Defying the Supreme Court, the Comelec should resign en banc
Manila Times | Poll expert hits recall of counting machines
Daily Tribune | Poll watchdog hits Comelec’s recall of VCMs

 


Week 14: October 3 – 9, 2016

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 13: September 26 – October 2, 2016

On 29 September 2016, the Office of the Solicitor General (OSG) formally entered its appearance as counsel for the COMELEC. The OSG manifested that it received a directive form the PET to file a Reply to BBM’s Comment on the proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data.

On 30 September 2016, BBM filed his Comment / Opposition to Robredo’s Motion asking the High Tribunal to consider him as having waived his right to file his Answer to her counter-protest as well as her Motion to expunge from the record his Answer to her counter-protest.

In his Comment / Opposition, BBM provided proof from the Philippine postal office (PhilPost)that he was given a complete copy of Robredo’s Answer with Counter-Protest (with attachments) on 30 August 2016, *. He again explained that what his lawyers obtained on 16 August 2016 was merely an advance copy, without attachments. BBM again asked the PET to ignore these delaying tactics and proceed with the conduct of the Preliminary Conference in accordance with Rule 29 of the 2010 PET Rules.

(*click here to see the receiving copy from PhilPost)

As of this date, we are waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]

 


Week 12: September 19 – 25, 2016

On 19 September 2016, Robredo filed a Manifestation with Urgent Ex-Parte Motion to expunge BBM’s Answer to her Counter-Protest. Robredo now claims that BBM’s Answer should be expunged from the records because the same was not verified.

On 20 September 2016, BBM filed a Manifestation with Motion to Admit Attached Verification.

BBM clarified that his Answer to the Counter-Protest was filed ad cautelam – meaning, it was filed as a precautionary measure to preserve this legal remedy in case his Motion to strike out or expunge Robredo’s Answer was denied by the PET.

BBM explained that although he was not able to formally execute a Verification for his Answer Ad Cautelam to the Counter-Protest because he was out of the country from 25 August 2016 to 13 September 2016 to attend to some personal matters, he made sure that he read the contents of his Motion to strike out or expunge Robredo’s Answer before the same was filed on 9 September 2016. He also affirmed that the allegations contained therein are true and correct based on his own personal knowledge and/or the authenticated records of the case.

 


Week 11: September 12 – 18, 2016

On 15 September 2016, BBM filed a Comment to the letter of Atty. Jose M. Tolentino, COMELEC Executive Director, requesting authority from the PET to furnish Mayor Gelacio R. Manalang and Atty. Luis R. Villafuerte with copies of the audit logs, statistical reports and transmission reports generated by the VCM and CCS units in the May 2016 elections.

BBM did not oppose Atty. Tolentino’s requests and submitted the same to the discretion of the PET.

 


Week 10: September 5 – 11, 2016

On 7 September 2016, Robredo filed an Urgent Ex-Parte Motion asking the High Tribunal to consider BBM as having waived his right to file his Answer to her Counter-Protest. According to her, BBM failed to file his Answer within ten (10) days from receipt of her Counter-Protest.

According to Robredo, the 10 day period should be counted from 16 August 2016 — which was the date BBM procured the advance copy of her Answer with Counter-Protest (without the annexes) instead of being counted from 30 August 2016 — which was the date BBM procured the official copy of her Answer with Counter-Protest (with the annexes).

On 9 September 2016, BBM filed a Motion and formally requested the PET to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time. It will be recalled that Robredo filed her Answer with Counter-Protest on 15 August 2016 – or 3 days after the 12 August 2016 deadline.

In his Answer Ad Cautelam to the Counter-Protest, BBM effectively disputed the allegations contained in Robredo’s Answer with Counter-Protest. He asked the PET to ignore these delaying tactics and proceed with the conduct of the Preliminary Conference in accordance with Rule 29 of the 2010 PET Rules.

On 5 September 2016, BBM filed his Comment to the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. He opposed the proposed stripping activity and said that this would violate the PET’s clear and express directive to the poll body to preserve all election materials used in the last polls. BBM informed the PET that he had written to the COMELEC 4 times* [May 31, June 6, June 16, July 14] requesting for a forensic audit of the VCMs and CCS laptop units used during the May 2016 elections and yet his formal requests fell on deaf ears. Instead of allowing the audit, the COMELEC is now seeking the PET’s permission to strip the abovementioned election-related information.

(*click here to see the receiving copy of the 4 letters that BBM sent to the COMELEC)

 


Week 9: August 29 – September 4, 2016

On 30 August 2016, BBM officially received the complete set of Robredo’s Answer with Counter-Protest..*

(*click here to see the receiving copy of Robredo’s Answer with Counter-Protest.)

On 30 August 2016, Robredo filed her Comment to the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. She said she saw nothing wrong with the COMELEC’s proposed stripping activity and would not oppose the same.

 


Week 8: August 22 – 28, 2016

On 25 August 2016, BBM filed a Manifestation with the PET informing them that he would be replying to Robredo’s Answer with Counter-Protest as soon as he receives the complete set of her pleading, together with the attachments thereof.

 


Week 7: August 15 – 21, 2016

On 15 August 2016, BBM filed a Manifestation with the PET on the proposed plan of the COMELEC to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. He argued that the plan was in blatant violation of the PET’s clear and express directive to the poll body to preserve all election materials used in the last polls.

BBM likewise manifested that he received numerous reports that harassment and intimidation were being employed upon his witnesses by supporters of Robredo.

On 15 August 2016, Robredo filed her Answer to BBM’s Election Protest, together with a Counter-Protest.

Under Rule 23 and 24 of the 2010 PET Rules, Robredo’s Answer should be filed within 10 days from receipt of the Summons issued by the PET.

By her own categorical admission, Robredo received the Summons on 2 August 2016*. Therefore, her Answer should have been filed on 12 August 2016. Since she belatedly filed her Answer on 15 August 2016, the same was filed out of time.

(*click here to see Robredo’s admission in her Answer)

On 16 August 2016, the PET issued a Resolution requiring the parties to comment on the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data.

 


Week 6: August 8 – 14, 2016

No significant development.

 


Week 5: August 1 – 7, 2016

On 2 August 2016, the PET formally issued the PPO to the COMELEC. BBM received a copy of the said Order on the same day.

 


Week 4: July 25 – 31, 2016

No significant development.

 


Week 3: July 18 – 24, 2016

No significant development.

 


Week 2: July 11 – 17, 2016

In a media briefing on 12 July 2016, the PET announced that it found the Election Protest filed by BBM sufficient in form and substance. It also issued a Precautionary Protective Order [PPO] directing the COMELEC to preserve all the election materials and paraphernalia relative to the May 9, 2016 elections.

In the same Order, the PET issued a Summons to Robredo ordering her to file her Answer to the Election Protest within ten (10) days from receipt thereof.

 


Week 1: July 4 – 10, 2016

No significant development.

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