ELECTION PROTEST

Weekly Updates

Week 146: April 15 – 21, 2019

No significant developments

No significant developments

After 146 weeks (or roughly 1,026 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

• On 26 March 2019, BBM filed his Consolidated Reply with Urgent Motion to Resolve Protestant’s Motion wherein he reiterated his Extremely Urgent Manifestation with Omnibus Motion, which was filed in December 2018.

(click here to see the 26 March 2019 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 145: April 8 – 14, 2019

No significant developments

No significant developments

After 145 weeks (or roughly 1,019 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

• On 26 March 2019, BBM filed his Consolidated Reply with Urgent Motion to Resolve Protestant’s Motion wherein he reiterated his Extremely Urgent Manifestation with Omnibus Motion, which was filed in December 2018.

(click here to see the 26 March 2019 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 144: April 1 – 7, 2019

No significant developments

No significant developments

After 144 weeks (or roughly 1,012 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

• On 26 March 2019, BBM filed his Consolidated Reply with Urgent Motion to Resolve Protestant’s Motion wherein he reiterated his Extremely Urgent Manifestation with Omnibus Motion, which was filed in December 2018.

(click here to see the 26 March 2019 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 143: March 25 – 31, 2019

On 25 March 2019, BBM received a Notice from the PET regarding the Compliance of the Municipal Treasurer from Santa Cantalina, Negros Oriental.

On 25 March 2019, BBM received a Notice from the PET regarding the Compliance of the Municipal Treasurer from Santa Cantalina, Negros Oriental.

(click here to see the 25 March 2019 Notice from the PET)

On 26 March 2019, BBM filed his Consolidated Reply with Urgent Motion to Resolve Protestant’s Motion wherein he reiterated his Extremely Urgent Manifestation with Omnibus Motion which was filed in December 2018.

BBM emphasized that the results of the COMELEC’s technical examination is a very significant supervening event which is crucial in proving his Third Cause of Action since it clearly proves that there was rampant and systematic cheating in these areas. He explained all his Causes of Action are separate, distinct and independent from each other. His Second Cause of Action requires the recount of ballots in 36,465 clustered precincts while his Third Cause of Action calls for the annulment of election results for the position of Vice President in the provinces of Basilan, Lanao de Sur and Maguindanao. The stenographic notes taken during the Preliminary Conference support this.

BBM ended his Motion by saying : “More than a thousand days have passed since Marcos filed his election protest in 29 June 2016. So much has happened in this period of time. We are now in the middle of the campaign period for the next election. The May 13, 2019 elections is barely 7 weeks away and we still do not know the true results of the last election.  Everyone will agree that three years is way too long to wait for the true results of something as important as the second highest position in the country. The voters want their votes to be counted. They expect no less.”

(click here to see the 26 March 2019 Consolidated Reply with Urgent Motion from BBM)

On 27 March 2019, BBM received a Notice from the PET, which resolved to :

1. Note the Compliance from the COMELEC dated 13 March 2019;

2. Note the Letter of the OIC Treasurer of Dumaguete City regarding an Incident Report in Brgy. Taclobo, Dumaguete City; and

3. Note the Letter-Reply of the Municipal Treasurer of Jimalalud, Negros Oriental regarding an Incident Report in Barangay Panglaya-an, Jimalalud.

(click here to see the 27 March 2019 Notice from the PET)

After 143 weeks (or roughly 1,005 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

• On 26 March 2019, BBM filed his Consolidated Reply with Urgent Motion to Resolve Protestant’s Motion wherein he reiterated his Extremely Urgent Manifestation with Omnibus Motion, which was filed in December 2018.

(click here to see the 26 March 2019 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 142: March 18 – 24, 2019

On 19 March 2019, BBM received a Compliance from the COMELEC stating that the reason for the absence of ballot images in some of the clustered precincts in Camarines Sur and Iloilo was due to the negligence of the Board of Election Inspector (“BEI”s).

On 19 March 2019, BBM received a Compliance from the COMELEC stating that the reason for the absence of ballot images in some of the clustered precincts in Camarines Sur and Iloilo was due to the negligence of the Board of Election Inspector (“BEI”s). According to the COMELEC, “during the decryption, it was verified in the audit logs that the BEIs x x x performed the REZERO function which means that x x x all the reports and ballots were wiped out.”

(click here to see the 19 March 2019 Compliance from the COMELEC)

After 142 weeks (or roughly 998 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 141: March 11 – 17, 2019

No significant developments

No significant developments

After 141 weeks (or roughly 991 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 140: March 4 – 10, 2019

On 4 March 2019, BBM received a Compliance from the Municipal Treasurer of Santa Cantalina, Negros Oriental informing the PET that the wet and/or damaged ballots of clustered precinct # 57 in Santa Catalina, Negros Oriental “were probably caused by past natural calamities.”

On 4 March 2019, BBM received a Compliance from the Municipal Treasurer of Santa Cantalina, Negros Oriental informing the PET that the wet and/or damaged ballots of clustered precinct # 57 in Santa Catalina, Negros Oriental were probably caused by past natural calamities.”

It should be noted that on 11 December 2018, the ballot box in CP # 57 was opened for revision. However, these could not be revised because all the paper ballots were either wet and/or damaged. Hence, on 6 February 2019, the PET ordered the revision of the ballot images.

(click here to see the 4 March 2019 Compliance from the  Municipal Treasurer in Santa Catalina, Negros Oriental)

On 6 March 2019, BBM received a Notice from the PET, which resolved to :

1. Note several Incident Report(s) regarding missing ballot images in numerous clustered precincts in Camarines Sur; and

2. Note an Incident Report regarding missing ballot images in a clustered precinct in Iloilo.

The Tribunal further resolved to :

1. Note the COMELEC’s Manifestation on BBM’s Extremely Urgent Manifestation and Grave Concern with Omnibus Motion;  

2. Note several letters of explanation from the different Municipal and City Treasurers in Negros Oriental;

3. Note and Grant the request of Robredo’s counsel to stop the photocopying of stray ballots as soon as the revision proceedings have been completed;

4. Note the Letter-Explanation of the Municipal Treasurer of Tubungan, Iloilo;

5. Note several letters of explanation from the different Election Officers and Board of Election Inspectors in Iloilo;

6. Note the Letter-Explanation from the Election Officer of San Jose, Camarines Sur; and

7. Note Robredo’s Manifestation and Compliance dated 31 January 2019.

The PET likewise designated certain individuals as the Chief Tabulator and Assistant Tabulators of the PET.

(click here to see the 6 March 2019 Notice from the PET)

After 140 weeks (or roughly 984 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental. On 4 March 2019, however, the PET ordered a recount of CP 30 in Nabua, Camarines Sur.

As of 5 March 2019, the manual recount in Camarines Sur, Iloilo and Negros Oriental was terminated.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 139: February 25 – March 3, 2019

On 28 February 2019, BBM received a Letter from the PET informing the parties that there will be a revision of ballots in clustered precinct # 30 in Nabua, Camarines Sur on Monday, 4 March 2019.

On 28 February 2019, BBM received a Letter from the PET informing the parties that there will be a revision of ballots in clustered precinct # 30 in Nabua, Camarines Sur on Monday, 4 March 2019.

(click here to see the 28 February 2019 Letter from the PET)

After 139 weeks (or roughly 977 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 138: February 18 – 24, 2019

No significant developments.

No significant developments.

After 138 weeks (or roughly 970 days) :

The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 137: February 11 – 17, 2019

On 11 February 2019, BBM received a Manifestation from Robredo saying that she previously filed her Comment and Opposition to BBM’s Extremely Urgent Manifestation prior to the PET Resolution directing her to comment on the same.

On 11 February 2019, BBM received a Manifestation from Robredo saying that she previously filed her Comment and Opposition to BBM’s Extremely Urgent Manifestation prior to the PET Resolution directing her to comment on the same.

(click here to see the 11 February 2019 Manifestation and Compliance from Robredo)

On 12 February 2019, BBM received a Notice from the PET, which resolved to :

1. Note BBM’s Consolidated Reply filed on 20 December 2018;

2. Note Robredo’s Supplemental Manifestation dated 25 January 2019;

3. Note the Incident Report regarding wet ballots in Dumangas, Iloilo; and

4. Note the Letter-Explanation of the Municipal Treasurer of Canaman, Camarines Sur.

The PET also resolved to :

1. Hire several individuals as PET contractuals for an initial period of 6 months; and

2. Adjust / Increase the salaries of some PET contractuals effective 1 January 2019.

The PET likewise directed the Municipal Treasurer of Nabua, Camarines Sur to deliver the ballot boxes of several precincts in Nabua to the PET within 10 days.

(click here to see the 12 February 2019 Notice from the PET)

On 13 February 2019, BBM received a Manifestation from the COMELEC stating that it cannot give a copy of the results of the technical examination in the Sakur Tan case because its Second Division has yet to issue an Order regarding this. The COMELEC also said that if they give the results of the technical examination, they would be violating the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

After 137 weeks (or roughly 963 days) :

• The PET has completed the manual recount of all the clustered precincts of BBM’s three (3) pilot provinecs, namely Camarines Sur, Iloilo and Negros Oriental.

BBM is waiting for the PET’s notice regarding new developments in his protest.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

• On 11 February 2019, BBM received a Manifestation and Compliance from Robredo stating she previously filed her Comment and Opposition prior to the PET Resolution directing her to comment to BBM’s Extremely Urgent Manifestation.

(click here to see the 11 February 2019 Manifestation from Robredo)

• On 13 February 2019, BBM received a Manifestation [in lieu of Comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion] from the COMELEC, stating the Second Division is yet to issue a Resolution or Order regarding the results of Sakur Tan’s Motion for Technical Examination. The COMELEC further said as this is the case, they are invoking the sub judice rule.

(click here to see the 13 February 2019 Manifestation from the COMELEC)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 136: February 4 – 10, 2019

No significant developments

No significant developments

 After 136 weeks (or roughly 956 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 135: January 28 – February 3, 2019

On 28 January 2019, BBM received a Notice from the PET noting Robredo’s Counter-Manifestation with Comment and Opposition.

On 28 January 2019, BBM received a Notice from the PET noting Robredo’s Counter-Manifestation with Comment and Opposition.

(click here to see the 28 January 2019 Notice from the PET)

On 28 January 2019, BBM received a second Notice from the PET, which resolved to :

1. Note several Incident Report(s) regarding missing and/or unreadable election returns in numerous clustered precincts in Negros Oriental;

2. Note several Incident Report(s) regarding wet, damaged, soiled and/or unreadable ballots in numerous clustered precincts in Negros Oriental; and

3. Note several Incident Report(s) regarding discrepancies between the physical count of ballots and the election returns in some clustered precincts in Negros Oriental.

The Tribunal further resolved to :

1. Note several letters of explanation from different Municipal Treasurers in Iloilo;

2. Note and Grant the request of the Municipal Treasurer of Labo, Camarines Norte to transfer the ballot boxes to the Labo Convention Center;

3. Note the Letters of Explanation from BBM and Robredo’s supervisors;

4. Note Robredo’s Urgent Omnibus Motion;

5. Note the Compliance from the City Treasurer of Naga regarding several Incident Reports;

6. Confirm nunc pro tunc the Order to suspend the revision proceedings from December 24, 2018 to January 4, 2019.

The Tribunal likewise resolved to direct Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation of Grave Concern with Omnibus Motion filed on 10 December 2018.

(click here to see the 28 January 2019 Notice from the PET)

After 135 weeks (or roughly 949 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

• In a Resolution dated 29 January 2019, the PET resolved to note BBM’s Consolidated Reply.

(click here to see the 29 January 2019 Notice from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

• On 28 January 2019, the PET directed Robredo and the COMELEC to comment on BBM’s Extremely Urgent Manifestation.

(click here to see the 28 January 2019 Notice from the PET)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 134: January 21 – 27, 2019

On 23 January 2019, BBM received a Letter from the PET regarding the suspension of the revision proceedings in order “to give way for the Tribunal to prepare for the revision” of decrypted ballot images.

On 23 January 2019, BBM received a Letter from the PET regarding the suspension of the revision proceedings in order “to give way for the Tribunal to prepare for the revision” of decrypted ballot images.

(click here to see the 23 January 2019 Letter from the PET)

On 25 January 2019, BBM received a Letter from the PET informing the parties that the revision proceedings will resume on Monday, 28 January 2019.

(click here to see the 25 January 2019 Letter from the PET)

On 25 January 2019, BBM received a Supplemental Manifestation from Robredo wherein she said that BBM must first show substantial recovery from his pilot provinces before he can be allowed to proceed with the technical examination in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

After 134 weeks (or roughly 942 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

• On 25 January 2019, BBM received a Supplemental Manifestation from Robredo.

(click here to see the 25 January 2019 Supplemental Manifestation from Robredo)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 133: January 14 – 20, 2019

On 18 January 2019, BBM received a Counter-Manifestation from Robredo wherein she opposed BBM’s request that the PET be given copies of the technical examination conducted by COMELEC in the ongoing election protest of Sakur Tan.

On 18 January 2019, BBM received a Counter-Manifestation from Robredo wherein she opposed BBM’s request that the PET be given copies of the technical examination conducted by COMELEC in the ongoing election protest of Sakur Tan.

(click here to see the 18 January 2019 Counter-Manifestation with Comment and Opposition from Robredo)

After 133 weeks (or roughly 935 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

• On 18 January 2019, BBM received Robredo’s Counter-Manifestation with Comment and Opposition to BBM’s Extremely Urgent Motion.

(click here to see the 18 January 2019 Counter-Manifestation from Robredo)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 132: January 7 – 13, 2019

No significant developments

No significant developments

 After 132 weeks (or roughly 928 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

• In a Resolution dated 8 January 2019, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 8 January 2019 Resolution from the PET)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 131: December 31, 2018 – January 6, 2019

No significant developments

No significant developments

 After 131 weeks (or roughly 921 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 130: December 24 – 30, 2018

No significant developments

No significant developments

After 130 weeks (or roughly 914 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 129: December 17 – 23, 2018

On 20 December 2018, BBM filed his Consolidated Reply regarding the shading threshold.

On 20 December 2018, BBM filed his Consolidated Reply regarding the shading threshold.

BBM stressed that Rule 43 (1) was already being implemented in the ongoing election protests in the Senate Electoral Tribunal (SET) Guidelines and the House of Representatives Electoral Tribunal (HRET).  The rule is clear : ballots that are marked or shaded with less than 50% are classified as stray.  He further maintained that sparsely-shaded ovals on the ballots strongly suggests that the same were pre-shaded.

With regard to the use of decrypted ballot images, BBM reiterated that the presence of squares in the ballot images can only mean that the same is not a faithful reproduction of the original ballot.  There are no squares appearing on the official paper ballots. Therefore, the decrypted ballot images and the original paper ballots cannot be considered identical.

Aside from the questionable presence of squares on the ballot images, BBM also informed the PET that there appeared to be a “flawed sequencing” of the ballot images pertaining to Camarines Sur.  If the ballot images are indeed identical, the ballot numbers should be sequential.  However, BBM’s revisors found 143,175 missing and/or improperly sequenced ballot images as well as 143,167 excess decrypted ballot images in Camarines Sur alone.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

After 129 weeks (or roughly 907 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

• On 20 December 2018, BBM filed his Consolidated Reply.

(click here to see the 20 December 2018 Consolidated Reply from BBM)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 128: December 10 – 16, 2018

On 10 December 2018, BBM received a Notice from the PET dated 4 December 2018, wherein it allowed BBM and Robredo to photocopy stray and/or VCM-rejected ballots on 12 December 12, 2018 from 9:00 a.m. to 4:30 p.m., at the designated area in the Revision Hall of the PET, with representatives from the parties. The PET stated no further requests to reopen the ballot boxes shall be allowed after each box has been reopened, the stray and/or VCM-rejected ballots photocopied, and thereafter closed.

On 10 December 2018, BBM received a Notice from the PET allowing BBM and Robredo to photocopy stray and/or VCM-rejected ballots.

The Tribunal further resolved to :

1. Note the COMELEC’s Comment on BBM’s Manifestation of Appreciation x x x regarding the controversial shading threshold; and

2. Require BBM to file a Reply to COMELEC’s Comment within 10 days.

The Tribunal likewise hired certain individuals as PET contractual personnel for an initial period of 6 months.

(click here to see the 10 December 2018 Notice from the PET)

On 12 December 2018, BBM filed an Extremely Urgent Manifestation of Grave Concern with Omnibus Motion to :

1. Issue a subpoena duces tecum to the COMELEC-ERSD to produce and submit the technical examination reports involving 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao regarding the protest of Tan vs. Hataman;

2. Investigate the Board of Election Inspectors (BEIs) who conducted the elections in Basilan, Lanao del Sur and Maguindanao; and

3. Immediately direct the COMELEC-ERSD to conduct a technical examination on the signatures and thumbprints appearing on the VRRs and EDCVLs in the remaining 2,756 protested clustered precincts of Basilan, Lanao del Sur, and Maguindanao under BBM’s Cause of Action No. 3.

BBM filed this Extremely Urgent Manifestation because he received disturbing information from Sakur Tan. According to Tan, the COMELEC’s technical examination revealed that 40,528 signatures and 3,295 thumbprints found on the EDCVLs of 508 precincts in Basilan, Lanao del Sur, and Maguindanao did not match the original and legitimate signatures of the voters, as reflected on the VRRs. The technical examination also concluded that “the 2016 National, Local and ARMM elections has been marked with different forms of election fraud such as massive substituted voting.”

BBM intends to use the results of COMELEC’s technical examination as part of his evidence in his third Cause of Action which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Manifestation with Motion from BBM)

On 13 December 2018, BBM received an Order from the PET suspending the revision proceedings from 24 December 2018 to 4 January 2019 to allow the parties’ revisors to go on Christmas break.

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

After 128 weeks (or roughly 900 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

• On 12 December 2018, BBM filed his Extremely Urgent Manifestation of Grave Concern with Omnibus Motion requesting for the issuance of subpoena duces tecum to the COMELEC-ERSD to produce and submit the dactyloscopic and questioned document reports and such other relevant documents involving the technical examination conducted on the Voter’s Registration Records (VRRs) against the Election Day Computerized Voter’s List with Voting Records (EDCVLs) of 508 established precincts in the provinces of Basilan, Lanao del Sur, and Maguindanao relative to the protest of Tan vs. Hataman. BBM stated that he intends to use the said results as part of his evidence in support of his third cause of action, which is the Annulment of votes for the position of Vice President in the provinces of Basilan, Lanao del Sur, and Maguindanao.

(click here to see the 12 December 2018 Extremely Urgent Manifestation from BBM)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)

Week 127: December 3 – 9, 2018

On 3 December 2018, BBM received a Notice from the COMELEC regarding the decryption of audit logs in some municipalities and the backing-up of all data contained in the 2016 CCS laptops.

On 3 December 2018, BBM received a Notice from the COMELEC regarding the decryption of audit logs in some municipalities and the backing-up of all data contained in the 2016 CCS laptops.

(click here to see the 3 December 2018 Notice from the COMELEC)

On 3 December 2018, BBM received a Compliance from the City Treasurer of Naga City regarding damaged ballot boxes, which were stored in Naga’s Sports Complex.

(click here to see the 3 December 2018 Compliance from the City Treasurer of Naga City)

On 5 December 2018, BBM received a Comment from the COMELEC, saying it will adopt its previous Comment that there was no pre-shading nor tampering of the official ballots prior to the elections in 2016.

(click here to see the 5 December 2018 Notice from the COMELEC)

On 5 December 2018, BBM received an Urgent Omnibus Motion from Robredo asking the PET to expunge Atty. Glenn Chong’s Comment from its records.

(click here to see the 5 December 2018 Urgent Omnibus Motion from Robredo)

On 6 December 2018, BBM received a Notice from the PET which resolved to :

1. Note the Letters from the Municipal Treasurers in Camarines Sur regarding Incident Reports in several clustered precincts;

2. Note the Memorandum from the Municipal Treasurers in Iloilo regarding Incident Reports in several clustered precincts;

3. Note the Letter from the COMELEC Executive Director, and grant his request to pull out one (1) unit SD card duplicator stored at COMELEC Warehouse in Sta. Rosa City, Laguna;

4. Note the Letter from the Acting Secretary of the SET regarding the custody of 53 ballot boxes from Iloilo;

5. Note Robredo’s Manifestation on the Scheduled Retrieval of Ballot Boxes in Negros Oriental;

6. Note Robredo’s Manifestation regarding her observations during the first day of retrieval activity in Negros Oriental;

7. Note the COMELEC’s Manifestation informing the Tribunal of the backing-up and/or cloning of the data of the Election Management System (EMS) Servers;

8. Note the Letters from BEI Chaipersons of several clustered precincts in Camarines Sur;

9. Note the Letter from the COMELEC – ERSD regarding some ballot boxes from Negros Oriental which were subjected to Random Manual Audit (RMA).

Acting on the following Incident Reports regarding the on-going revision of ballots, the Tribunal resolved to :

1. Note the Incident Report regarding the alleged misbehavior of the Head and party revisors; and

2. Note several Incident Report(s) regarding damaged ballot boxes in numerous clustered precincts in Iloilo.

The Court further resolved to approve the renewal of employment contracts of certain contractual personnel of the PET.

The Court likewise resolved to :

1. Direct several Municipal and City Treasurers of Negros Oriental to explain why some ballot boxes were already damaged when these were delivered to the PET Retrieval Team;

(click here to see the 6 December 2018 Notice from the PET)

On 7 December 2018, BBM received a Notice from the PET regarding the on-going revision of ballots which resolved to :

1. Note several Incident Report(s) regarding wet, spoiled and/or damaged ballots in numerous clustered precincts in Camarines Sur; and

2. Note several Incident Report(s) regarding missing election returns in numerous clustered precincts in Camarines Sur.

The Tribunal further resolved to :

1. Note and Grant the Letter from the COMELEC regarding the temporary custody of ballot boxes and recount of ballots in the protest of Abdulrauf vs. Salic;

2. Note BBM and Atty. Glenn Chong’s Comments on Robredo’s Fourth Manifestation of Grave Concern;

3. Note and Grant the Letter from the COMELEC Executive Director regarding the transfer of the 2016 ballot boxes to the Health Center Building.

Acting on BBM’s Manifestation of Appreciation for Sustaining Rule 43 (L) of the 2010 Rules of the Presidential Electoral Tribunal with Omnibus Motion xxx, the Court resolved to await the comment from the COMELEC.

The Tribunal further resolved to approve the new Guidelines in the Appreciation of Ballots under the Automated Election System (Ballot Appreciation Guidelines).

On 7 December 2018, BBM received a Notice from the COMELEC regarding the accuracy testing of ballots at the National Printing Office.

After 127 weeks (or roughly 893 days) :

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

(click here to see the 10 April 2018 Resolution from the PET)

• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.

(click here to see the 24 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.

(click here to see the 6 July 2018 Manifestation from the OSG)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

(click here to see the 24 July 2018 Notice from the PET)

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Manifestation from the COMELEC)

N.B.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolutions from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 26 June 2018 Resolutions from the PET)

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

(click here to see the 10 July 2018 Resolution from the PET)

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 24 July 2018 Resolution from the PET)

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

(click here to see the 17 August 2018 Motion from the COMELEC)

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Notice from the PET)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Notice from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

(click here to see the 4 December 2018 Notice from the PET)

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 2018 Notice from the COMELEC)

N.B.
From Day 1, BBM’s position has always been as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• In a Resolution dated 24 July 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

(click here to see the 24 July 2018 Resolution from the PET)

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 2017, the PET required BBM to “STRICTLY COMPLY with their directive that he identify his witnesses in the corresponding clustered precincts within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential wirtnesses to the PET.

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 7 November 2017 Resolution from the PET)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)