ELECTION PROTEST

Weekly Updates

Week 112: August 20 – 26, 2018

On 23 August 2018, BBM received a Manifestation from Robredo, stating that she inadvertently interchanged the names of the parties in paragraph 34 of her Comment and Opposition dated 17 August 2018.

On 23 August 2018, BBM received a Manifestation from Robredo, stating that she inadvertently interchanged the names of the parties in paragraph 34 of her Comment and Opposition dated 17 August 2018.

(click here to see the 23 August  2018 Manifestation from Robredo)

After 112 weeks (or roughly 788 days) :

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

** there are ballot boxes remaining from 365 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 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)

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

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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)

• In a Resolution dated 24 July 2018 but received on 9 August 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)

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 111: August 13 – 19, 2018

On 13 August 2018, BBM received a Manifestation from the COMELEC informing the Tribunal of the pull-out of ten (10) units of laptops from the contingency units stored at the COMELEC Warehouse in Sta. Rosa, Laguna on 16 August 2018 at 9:00 in the morning.

On 13 August 2018, BBM received a Manifestation from the COMELEC informing the Tribunal of the pull-out of ten (10) units of laptops from the contingency units stored at the COMELEC Warehouse in Sta. Rosa, Laguna on 16 August 2018 at 9:00 in the morning.  According to the COMELEC, the said activity was needed for the Laboratory Testing (Lab Test) for the Election Management System (EMS), Consolidated Canvassing System (CCS), Vote Counting Machines (VCM) and Optical Mark Readers (OMR) in preparation for the May 2019 National and Local Elections.

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

On 13 August 2018, BBM received a second Manifestation from the COMELEC regarding the fifty (50) VCMs requested by the Tribunal for the ongoing judicial revision.  The COMELEC suggested that the “appropriate revision/audit procedures as defined by the PET” be used instead of using VCMS in determining the threshold percentage.

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

On 17 August 2018, BBM received a Manifestation with Urgent Motion for Clarification from Robredo, seeking for “clarification on the specific statements they uttered” which was in violation of the sub judice rule. Robredo also manifested that she paid the Php 50,000.- Court Fine.

(click here to see the 17 August  2018 Manifestation with Urgent Motion from Robredo)

On 17 August 2018, BBM received a Motion from the COMELEC requesting for a fifteen (15) day extension or until 29 August 2018 to file their Comment on BBM’s Strong Opposition to the use of decrypted ballot images for the ongoing revision at the PET.

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

On 17 August 2018, BBM received an Urgent Motion from Robredo opposing BBM’s position on the use of decrypted ballot images for the ongoing revision at the PET.

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

After 111 weeks (or roughly 781 days) :

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

** there are ballot boxes remaining from 365 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 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)

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

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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)

• In a Resolution dated 24 July 2018 but received on 9 August 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)

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 110: August 6 – 12, 2018

On 6 August 2018, BBM filed an Extremely Urgent Motion to Inhibit Associate Justice Alfredo Benjamin S. Caguioa and enumerated the grounds as to why Justice Caguioa should immediately inhibit himself from participating in any of the proceedings relating to his election protest.

On 6 August 2018, BBM filed an Extremely Urgent Motion to Inhibit Associate Justice Alfredo Benjamin S. Caguioa and enumerated the grounds as to why Justice Caguioa should immediately inhibit himself from participating in any of the proceedings relating to his election protest.

BBM emphasized that simple delicadeza should have prompted Caguioa to refrain from participating in the protest proceedings given his fraternal ties with former President Benigno S. Aquino, who had consistently attacked BBM and his family before, during and after his term as President. In addition, BBM provided the Tribunal with proof that Caguioa’s wife was and still is an avid supporter of Robredo, as evidenced by various screenshots of her Viber messages in her Ateneo group chat, which went viral and published by Radyo Inquirer.

(click here to see the 6 August 2018 Motion to Inhibit from BBM)

On 9 August 2018, BBM received a Notice from the PET dated 24 July 2018 which resolved to :

1. Confirm the Action to proceed with the revision and to merely reflect in the Revision Report that the Minutes of Voting (MOVs) were improvised, as stated in the Incident Report dated July 3, 2018 re: Table No. 32, to quote: “Allowed to proceed with revision but note in Revision Report that MOV is improvised (handwritten); Previous day’s supervisor allowed revision to proceed;”

2. Note the Incident Report dated July, 4, 2018 (Re: Report of the Head Revisor of Table No. 2 that there were instances when the Revision Supervisor/s ordered the suspension of the revision on the ground that there is no MOV, Election Return (ER) and/or other election documents found inside the ballot box); and Direct the Revision Committee to continue with the revision even if (1) there is no MOV or ER inside the ballot box or (2) the MOV is improvised, absent any showing that the integrity of the ballot box and the ballots was compromised;

3. Note the Incident Report dated July 4, 2018 (Re: Observation that Several Head Revisors and Party Revisors Have Been Using Pens Not Issued By the Tribunal); Reiterate Rule 31(A)(1), PET Revisor’s Guide for the Revision of Ballots under the Automated Election System, which strictly prohibits the bringing of personal belongings such as writing instruments inside the revision hall; and Direct the PET Security Personnel to strictly enforce the rules, otherwise, a repetition of the subject violation and other, similar acts shall be dealt with more severely;

4. Note the Incident Report dated July 4, 2018 re: Clustered Precinct No. 34 (Precincts 75B, 76A and 77A), Brgy. Dalid, Calinog, Iloilo, at Table No. 22, which reads “Head Revisor of Table No. 22 reported that only one plastic seal,  still intact, was found outside the ballot box while the other three plastic seals, already cut, were found inside the ballot box. Aside from one plastic seal, ballot box was sealed with packaging tape which was probably signed by BEI;” Approve the recommendation to “suspend the revision due to question on the integrity of the ballots as the ballot box could have been reopened after sealing it;” and Direct the PET Retrieval Team to inform the Tribunal, within ten (10) days from notice, if such fact as observed in the subject Incident Report has been reported by the Municipal Treasurer of Calinog, Iloilo, during the retrieval of the ballot boxes;

5. Note the Incident Report dated July 4, 2018 re: Clustered Precinct No. 38 (Precincts 0085A, 0085B and 0086A), Brgy. Garangan, Calinog, Iloilo, at Table No. 32, which reads “The Revision Committee #32 noted a discrepancy in the signature of the BEI Chairman in the ballots (one similar signature in all ballots) and in the MOV, the envelope containing the MOV, the ER, and the envelope containing the ER (one similar signature in all these documents);” and Direct the Revision Committee to (1) continue with the revision and (2) reflect these observations in their Revision Report;

6. Note the Incident Report dated July 9, 2018 re: Clustered Precinct No. 14 (Precincts 0028A, 0029A, 0029B and 0030A), Brgy. Bancal, Carles, Iloilo, at Table No. 3, which reads “Wet ballots that are clumped together. There appears to be mold on the ballots. No apparent or evident cracks on the ballot box;” and Approve the recommendation to stop revision because the ballots cannot be separated without damaging the ballots and use decrypted ballot images pursuant to Rule 74(c) of the PET Revisor’s Guide; and

7. Note the Incident Report dated July 10, 2018 re: Clustered Precinct No. 42 (Precincts 89A, 89B and 90A), Brgy. Granada, Carles, Iloilo, at Table No. 5, which reads “The signatures of the BEI Chairman (Ramil M. Ignacio) on the ballots are glaringly different from those on the paper seals and the minutes of voting. There are also seven (7) ballots without the BEI Chairman’s signature;” and Direct the Revision Committee to (1) continue with the revision and (2) reflect these observations in their Revision Report.

The PET further resolved to :

1. Note without Action Robredo’s Counter-Manifestation with Motion to Release CCTV Footage;

2. Note BBM’s Payment of Court Fine in the amount of Php 50,000.-;

3. Note Robredo’s Counter-Manifestation to the OSG’s Manifestation and Motion [in Lieu of Comment];

4. Note the Letter of the Municipal Treasurer of Garchitorena, Camarines Sur, in compliance with PET Resolution dated 24 April 2018;

5. Direct the :

i. Board of Election Inspectors of Brgy. Salvation, Garchitorena, Camarines Sur for Clustered Precincts 24, Precinct Nos. 0044A and 0044B, and the former Municipal Treasurer of Garchitorena, Camarines Sur, to explain why the ballots were wet or damaged within a non-extendible period of 10 days from notice; and

ii. PET Retrieval Team, through Atty. Alindogan, to inform the Tribunal of the Team’s observations of the ballot box when it was retrieved, likewise within a non-extendible period of 10 days from notice.

6. Note the COMELEC’s Reply in compliance with PET Resolution dated 3 July 2018;

7. Lift the Preliminary Protection Order (PPO) on the Election Management System (EMS) servers;

8. Allow the COMELEC to exercise the first option, at the cost of the protestant;

9. Direct the COMELEC to maintain custody, and preserve and safeguard the integrity of the backed-up or cloned data;

10. Note the COMELEC Executive Director’s Letter dated 16 July 2018 and Grant the request of the Municipal Treasurer of San Antonio, Quezon, for authority to transfer the storage area of the ballot boxes used in the 2013 and 2016 elections from its present storage room inside the Municipal Building to the Evacuation Center in Brgy. Buliran, subject to the following conditions:

i. The Municipal Treasurer shall give the Tribunal and the parties prior notice of the date of the transfer; and

ii. The parties shall be allowed to observe the activity;

11.  Note without action the Letter from Cynthia Patag dated 18 July 2018, asking the Tribunal to uphold the 25% shading threshold;

12. Note BBM’s Compliance dated 19 July 2018, manifesting that he has paid the Court Fine amounting to Php 50,000.-;

13. Note the COMELEC’s Comment on the 25% shading threshold; and

14. Direct the COMELEC to Comment on BBM’s Strong Opposition (to the Use of Decrypted Ballot Images for the Judicial Revision and Recount of Ballots for the Pilot Protested Precincts) within a non-extendible period of five (5) days from notice.

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

After 110 weeks (or roughly 774 days) :

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

** there are ballot boxes remaining from 365 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 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)

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

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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)

• In a Resolution dated 24 July 2018 but received on 9 August 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)

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 109: July 30 – August 5, 2018

On 30 July 2018, BBM’s counsel, Atty. George Erwin M. Garcia, filed his Compliance [Re: PET Resolution dated 3 July 2018] wherein he stated that he never sanctioned the activities of BBM’s supporters in Padre Faura.

On 30 July 2018, BBM’s counsel, Atty. George Erwin M. Garcia, filed his Compliance [Re: PET Resolution dated 3 July 2018] wherein he stated that he never sanctioned the activities of BBM’s supporters in Padre Faura.

Atty. Garcia further stressed that he has no influence nor any control over these supporters.  He went a step further and explained that, “In fact x x x even BBM himself cannot restrain the activities of his supporters despite his repeated requests to stop the activities.” He also stated that he repeatedly advised BBM’s staff to request the supporters to stop their demonstration but to no avail.

(click here to see the 30 July 2018 Compliance from Atty. Garcia)

On 30 July 2018, BBM filed an Omnibus Motion [for Clarification of the Revised PET Resolution dated 10 July 2018 and for Deferment of the use of the Vote Counting Machines (VCMs) in resolving the issue on whether or not a certain mark or shade could be read by the VCM].

BBM stated that the directive of the Tribunal was premature.  He reminded the Tribunal that “there was still a pending issue as to the correct shading threshold” and that the said issue has yet to be resolved by the Court.

BBM further said that “the use of the VCMs is not essential in determining the correct shading threshold” which should be 50% as clearly defined under Rule 43, (l) of the 2010 PET Rules.

(click here to see the 30 July 2018 Omnibus Motion from BBM)

On 3 August 2018, BBM received a Motion from the COMELEC wherein it asked the PET for an extension of 15 days or until 14 August 2018 to file its Compliance [regarding the Tribunal’s directive to provide 50 VCMs to resolve the issue on whether or not a certain mark or shade could be read by the VCM].

(click here to see the 3 August 2018 Motion from the COMELEC)

On 3 August 2018, BBM received an Urgent Ex-Parte Omnibus Motion from Robredo requesting for inclusion of ballots below 50% but within 25% shading threshold in the physical counting of ballots and to resolve her Motion for Reconsideration on the basis of the COMELEC’s Comment.

(click here to see the 3 August  2018 Urgent Ex-Parte Omnibus Motion from Robredo)

After 109 weeks (or roughly 767 days) :

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

** there are ballot boxes remaining from 365 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 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)

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

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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.

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 108: July 23 – 29, 2018

On 23 July 2018, BBM received a Notice from the PET dated 3 July 2018 which resolved to:

On 23 July 2018, BBM received a Notice from the PET dated 3 July 2018 which resolved to:

1. Direct the District Director of the Manila Police District to immediately implement the Supreme Court Resolution dated July 7, 1998 and cause the immediate removal of all illegally constructed structures and/or tents along the sidewalk of Padre Faura; and

2. Direct BBM’s counsel, Atty. George Erwin M. Garcia, to explain within ten (10) days why he should not be cited in contempt of Court for tolerating BBM’s supporters to violate the abovementioned SC Resolution.

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

On 23 July 2018, BBM filed a Strong Reply with Motion [to Release the CCTV footage].

In his Reply, BBM vehemently denied Robredo’s accusation that his revision team had prior knowledge of the infamous “Pansol outing” of the PET staff.

As to Robredo’s allegation that BBM’s Supervisor, Mr. Rhoderick Miranda, was seen on the fourth (4th) floor of the Supreme Court-CA building with a bag of snacks, the latter strongly denied the same and countered that the CCTV footage of the PET could easily confirm that he did not go to the 4th floor

BBM further raised the issue of “advance information” given to Robredo in view of her Counter-Manifestation which stated that “an investigation had already been conducted and that penalties had already been meted out to some of the personalities involved in the “Pansol outing”.  BBM likewise asked for an investigation as to how Robredo and her legal counsel were able to obtain “advance information” regarding this matter.

(click here to see the 23 July 2018 Strong Reply with Motion from BBM)

On 23 July 2018, BBM filed his Compliance regarding the Tribunal’s Resolution to pay a Court Fine of Php 50,000-.

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

On 26 July 2018, BBM received a Comment from the COMELEC wherein it affirmed the “25% shading threshold” in accordance with the Random Manual Audit Guide for Appreciation of Markings.

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

After 108 weeks (or roughly 760 days) :

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

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

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 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)

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

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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.

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 107: July 16 – 22, 2018

On 18 July 2018, BBM received a Motion from Robredo, wherein she asked that the COMELEC be directed to file its Comment to her Motion for Reconsideration regarding the use of the 25% shading threshold in the ongoing recount proceedings within five (5) days.

On 18 July 2018, BBM received a Motion from Robredo, wherein she asked that the COMELEC be directed to file its Comment to her Motion for Reconsideration regarding the use of the 25% shading threshold in the ongoing recount proceedings within five (5) days.

(click here to see the 18 July 2018 Motion from Robredo)

On 18 July 2018, BBM received a Counter-Manifestation from Robredo wherein she claimed that “an investigation has already been conducted where some of the personalities involved were already meted with penalties.”  She also said that BBM was fully aware that an investigation had already been conducted by the PET.

These are untruthful statements. BBM filed his Manifestation [to investigate the Pansol outing] on 9 July 2018 and he did so because he had not received any information nor official communication informing him of any investigation conducted by the Tribunal nor any information that some personalities were already sanctioned, as claimed by Robredo.

Upon inquiry with the Office of the Clerk of Court, the said Counter-Manifestation was received by their office on 11 July 2018 while BBM only received the same from Robredo on 18 July 2018.  It is noteworthy to add that the PET Resolution which stated, among others, that “it had already commenced and concluded an investigation on the “Pansol outing” was dated 10 July 2018 and received by BBM on 12 July 2018.

(click here to see the 18 July 2018 Counter-Manifestation from Robredo)

On 19 July 2018, BBM received a revised version of the Notice from the PET dated June 10, 2018.  In the said Notice, the PET resolved to direct the COMELEC to:

1. Provide the Tribunal, within a non-extendible period of ten (10) days from receipt of notice, with at least fifty (50) vote counting machines (VCMs) and other election materials and paraphernalia, to enable the Tribunal to implement Rule 43, (l), 2010 PET Rules and resolve the issue on whether a certain mark or shade could be read by a Vote Counting Machine (VCM).  In the event that the VCMs could not be provided, the COMELEC was directed to inform the Tribunal and explain the reasons why.

(click here to see the 19 July 2018 Notice from the PET)

On 19 July 2018, BBM filed a Strong Opposition [on the use of decrypted ballot images for the judicial revision and manual recount of ballots for his pilot protested precincts].

Once again, BBM emphasized that the decrypted ballot images had been compromised. He further stated “it is undisputed that the original paper ballots used during the 2016 elections do not contain squares.  On the other hand, a review of the decrypted ballot images from Camarines Sur, Iloilo, and Negros Oriental confirms the presence of squares on these decrypted ballot images, specifically on the oval(s) intended for Robredo. Therefore, the presence of these squares proves that the decrypted ballot images are not faithful images of the original paper ballots used in the 2016 elections.”

(click here to see the 19 July 2018 Manifestation with Motion from BBM)

On 20 July 2018, BBM received a Counter-Manifestation [on the Manifestation and Motion of the Office of the Solicitor General] from Robredo stating, among others, that “at no instance has OSG, any of its representatives and/or lawyers attended and observed the ongoing revision, recount, and re-appreciation of ballots” and that “[the] OSG [was] taking a dangerous position where the results of the elections [could] be changed by way of an election protest.

(click here to see the 20 July 2018 Counter-Manifestation from Robredo)

On 20 July 2018, BBM received a Reply from the COMELEC, wherein it again asked the Tribunal to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers and that it be given the option to either back-up or clone the data on the EMS servers or remove its hard drive.

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

After 107 weeks (or roughly 753 days) :

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

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

** there is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 28 May 2018, BBM filed his Opposition to Robredo’s Urgent Motion for Reconsideration.

(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)

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition to the 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.

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 106: July 9 – 15, 2018

On 9 July 2018, BBM filed a Manifestation of Grave Concern with Extremely Urgent Motion to Investigate.

On 9 July 2018, BBM filed a Manifestation of Grave Concern with Extremely Urgent Motion to Investigate.

This Manifestation concerns one of Robredo’s revisors who went to the “outing” of the PET Head Revisors, ballot box Custodians/Handlers, and PET Chief Tabulator at 3 Js Resort in Pansol, Calamba, Laguna on 22 June 2018.  Photos of the “Pansol outing” were obtained from the Facebook posts of one of the PET Head Revisors, wherein twenty-five (25) attendees were identified.  Robredo’s revisor was clearly seen fraternizing with the PET personnel in several photos which she actually uploaded in her Facebook page.

BBM said the act of fraternizing with Robredo’s revisor by the PET personnel is prohibited because it is proscribed by the Code of Conduct for Court Personnel and the Canon of Judicial Ethics.  In fact, the Supreme Court has ruled that “in the case of public servants who are in the judiciary, their conduct and behavior, from the presiding judge to the lowliest clerk, must not only be characterized by propriety and decorum, but above all else, must be above suspicion.”  Furthermore, jurisprudence dictates“the conduct of Court personnel must be free from any whiff of impropriety, not only with respect to his duties in the judicial branch but also to his behavior outside the Court as a private individual.

These PET personnel, particularly the Head Revisors and the Alternate Head Revisors, preside over their respective Revision Committees. Their position allows them to control the conduct of judicial recount and revision of ballots. In fact, they are incharge of initially determining whether the ballots are valid, rejected or stray and likewise mandated to determine if the protested ballots comply with the 50% shading threshold.”

In view of the positions of the individuals involved in the Pansol outing, it is most likely that Robredo’s camp, through their revisor, already infiltrated and curried favor with the PET personnel in order to manipulate, influence and / or control the revision proceedings.

BBM asked the PET to investigate the incident and to impose proper sanctions on the persons involved in the outing.

(click here to see the 9 July 2018 Manifestation with Motion from BBM)

On 10 July 2018, BBM received a Motion from Robredo asking Atty. Vic Rodriguez to name the persons in the revision area who were aware of the plastic magnifying lens allegedly used by Nestor Borromeo (BBM’s revisor).

(click here to see the 10 July 2018 Motion from Robredo)

On 11 July 2018, Robredo filed a Counter-Manifestation wherein she claimed that “an investigation has already been conducted where some of the personalities involved were already meted with penalties.” She also said that BBM was fully aware that an investigation had already been conducted by the PET.

These are untruthful statements. BBM filed his Manifestation [to investigate the Pansol outing] on 9 July 2018 and he did so because he had not received any information nor official communication informing him of any investigation conducted by the Tribunal nor any information that some personalities were already sanctioned, as claimed by Robredo.

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

On 11 July 2018, BBM paid and complied with the Php 50,000.- Court Fine imposed by the Tribunal.

(click here to see the 11 July 2018 Official Receipt of BBM)

On 12 July 2018, BBM received a Notice from the PET dated June 10, 2018 which resolved to :

1. Note several Incident Report(s) regarding the absence of the required election day Minutes of Voting (MOVs) inside the ballot boxes in numerous precincts in Iloilo;

2. Note several Incident Report(s) wherein there were glaring discrepancies of the signatures in the Minutes of Voting (MOVs) found inside the ballot boxes in numerous precincts in Iloilo;

3. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots  found inside the ballot boxes in numerous precincts in Iloilo;

4. Note the Incident Report(s) wherein there were glaring discrepancies of the signatures of the BEI Chairman found inside the ballot boxes in numerous precincts in Iloilo;

5. Note the Incident Report(s) regarding the damaged condition of the ballot boxes in numerous precincts in Iloilo;

6. Note the Incident Report dated June 27, 2018 relative to Personal Complaint of Alternate Revisor Sally H. Nisola against Protestee Revisor Rogelio Milan; Approve the recommendation therein; and Direct all Party Revisors, Head Revisors and Appraisers to observe proper decorum in the revision area; and

7. Note the Incident Report dated June 14, 2018, which reads “One piece of Voter’s Verification Receipt (VVR) left under Table No. 7, care of Head Revisor Princess Bometivo, per report of WM2 Romeo B. Agcaoili dated June 14, 2018 stating that such document was found upon conducting initial roving inspection inside the Revision Room yesterday afternoon (June 13, 2018);” Require Head Revisor Princess Bometivo to explain (a) why the subject VVR was left under her table and (b) why she should not be removed as Head Revisor because of such negligence, both within ten (10) days from notice.

The PET further resolved to :

1. Note Robredo’s Motion to Direct Atty. Vic Rodriguez to disclose the names of persons in the revision area who were aware of the plastic magnifying glass;

2. Note the OSG’s Manifestation and Motion (in Lieu of Comment);

3. Direct the COMELEC to file its own Comment on Robredo’s Motion for Reconsideration regarding the 25% shading threshold within a non-extendible period of ten (10) days from notice;

4. Note the Letter of Head Revisor Julius Caezar D. Tumalad, with a stern warning that a repetition of the same or similar acts shall be dealt with more severely;

5. Note the Letter of Head Revisor Niño Jefferson J. Regala;

6. Note the Letter of Jose Oliver F. Farne, Robredo’s revisor, with a stern warning that a repetition of the same or similar acts shall be dealt with more severely;

7. Note the Report of the PET Retrieval Team that the estimated expenses for the delivery of three hundred sixty-five (365) ballot boxes and other election documents from the House of Representatives Electoral Tribunal’s (HRET) election protest of Villafuerte vs. Bordado amounts to Php 147,043.20;

8. Note BBM’s Manifestation of Grave Concern with Extremely Urgent Motion to Investigate, but deny the said motion because the Tribunal already commenced and concluded its investigation regarding the “Pansol outing;”

9. Note the Letter of Nestor D. Borromeo, BBM’s revisor, with a stern warning that a repetition of the same shall be dealt with more severely;

10. Note Without Action Robredo’s Urgent Motion to direct the COMELEC to immediately file its Comment; and

11. Note BBM’s Strong Manifestation with Motion, but deny the said motion to hold in abeyance the use of decrypted ballot images in the enumerated protested clustered precincts.

(click here to see the 12 July 2018 Notice from the PET)

After 106 weeks (or roughly 746 days) :

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

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

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 28 May 2018, BBM filed his Opposition to Robredo’s Urgent Motion for Reconsideration.

(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)

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

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

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

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 105: July 2 – 8, 2018

On 2 July 2018, BBM received a Notice from the PET which resolved to:

On 2 July 2018, BBM received a Notice from the PET which resolved to:

1. Note BBM and Robredo’s Compliance [To the Show Cause Order of the PET]; and

2. Impose a Fine of fifty thousand pesos (PhP 50,000.-) on both BBM and Robredo for violating the sub judice rule. The PET likewise issued a warning that a repetition of similar act(s) would be dealt with more severely.

The PET further resolved to :

1. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Camarines Sur ;

3. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Iloilo ;

4. Note several Incident Report(s) wherein there were discrepancies between the physical count of the ballots and the election returns in numerous precincts in Iloilo ;

5. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Iloilo ;

6. Note the Incident Report regarding the “Dried brown liquid permeated the ballots, emitting an obnoxious smell [in the ballot box] and “The presence of live and dead insects, as well as a piece of dried bangus fish” in numerous precincts in Iloilo ;

7. Note Robredo’s Third Manifestation of Grave Concern and Direct Nestor Borromeo (BBM’s revisor who purportedly used a plastic “magnifying glass“) to explain within five (5) days from Notice, why his accreditation should not be withdrawn.

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

On 3 July 2018, BBM received a Notice from the PET dated 5 June 2018 which resolved to :

1. Note the appeal in the election protest of Platon vs. Insular and Confirm that the proceedings in the said case may continue;

2. Note the appeal in the election protest of Pantoja vs. Palacio and Confirm that proceedings in the said case may continue;

3. Note the Letter of the National Citizens’ Movement for Free Elections (NAMFREL) Secretary-General but Deny their request to allow designated representatives of their organization to observe the ongoing Vice Presidential protest;

4. Note without action the Letter of the COMELEC Executive Director dated 26 April 2018;

5. Note and Grant the request of the Caloocan City Treasurer to transfer the ballot boxes to the new storage at Mabini Street, Caloocan City;

6. Note without action the Letter of several private individuals requesting the PET to follow the 25% shading threshold in the recount of votes for Vice President;

7. Confirm the approval of the reports of the PET Retrieval Team Leader regarding the storage of various election paraphernalia;

8. Note BBM’s Opposition to Robredo’s Motion for Reconsideration to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

9. Grant the COMELEC’s Motion, through the Office of the Solicitor General (OSG), for an extension of time within which to file a comment on Robredo’s Motion for Reconsideration to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

10. Note the referral of the Public Information Office regarding the email from a Senior Researcher from GMA Network, Inc. – News Research Section;

11. Deny the request of the aforementioned Senior Researcher from GMA Network for certain documents related to BBM’s election protest; and

12. Note and Grant the request of the COMELEC Executive Director to transfer the Office of the Election Officer of Santiago, Agusan del Norte to a new location;

The PET further resolved to :

1. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) regarding the existence of mold on the ballots in numerous precincts in Camarines Sur ;

3. Note several Incident Report(s) regarding the existence of acid from battery fluid on the ballots in numerous precincts in Camarines Sur ;

4. Note the Incident Report wherein the “votes cannot be matched with the bar codes of the ballots” in numerous precincts in Camarines Sur ;

5. Note the Incident Report(s) regarding tampering because the “BEI signatures x x x appear to be glaringly different” on the ballots in numerous precincts in Camarines Sur ;

6. Note the Incident Report dated 17 May 2018 regarding the disorderly conduct of Jose Oliver Fame (Robredo party revisor) and Direct Mr. Fame to Explain why his accreditation should not be withdrawn;

7. Note the Incident Report dated 23 May 2018 and Require Niño Jefferson Regala and Julius Caezar D. Tumalad and Explain why they should not be removed as Head or Alternate Revisors;

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

On 4 July 2018, BBM received a Notice from the PET dated 19 June 2018 which resolved to  :

1. Grant Robredo’s request to photocopy the ballots which were ruled to be stray in the ongoing revision proceedings;

2. Direct the PET Ad Hoc Committee to coordinate with the parties regarding the procedure for photocopying the requested ballots;

3. Direct BBM to manifest whether he intends to make a similar request like Robredo.

The PET further resolved to :

1. Note without action the email from Arnelfa Paliza dated 29 May 2018 requesting that the PET use the 25% threshold in the ongoing recount proceedings;

2. Note without action the Letter from 132 law students of Bicol requesting that the PET use the 25% threshold in the ongoing recount proceedings;

3. Note without action the Letter from Bantay Nakaw Coalition dated 11 June 2018 expressing their support that the PET use the 25% threshold in the ongoing recount proceedings;

4. Note as Compliance the Letters from various Municipal Treasurers in Camarines Sur explaining why the ballots previously referred to were wet and/or damaged;

5. Grant the Motion filed by the COMELEC, through the Office of the Solicitor General (OSG), for a second extension of fifteen (15) days within which to file a comment on Robredo’s Motion for Reconsideration regarding  the 25% threshold percentage in the revision, recount and re-appreciation of ballots with a warning that no further extension will be given;

 The PET further resolved to :

1. Note several Incident Report(s) regarding misplaced election receipts in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

3. Note the Incident Report(s) wherein the signatures of the election officers had “different / questionable strokesin numerous precincts in Camarines Sur ;

4. Note the Incident Report(s) regarding tampering because of discrepancies in the signatures of the election officers in numerous precincts in Camarines Sur ;

(click here to see the 19 June 2018 Notice from the PET)

On 4 July 2018, BBM received a Notice from the PET which resolved to :

1. Note BBM’s Opposition to the Manifestation of the COMELEC regarding the lifting of Precautionary Protection Order (PPO) on the Election Management Servers (EMS);

2. Direct the COMELEC to file a Reply to BBM’s Opposition within a non-extendible period of ten (10) days from notice;

3. Approve the transportation expense amounting to PhP 4,331.930.27 for the hauling of 2,740 ballot boxes and other election paraphernalia from Iloilo to the Supreme Court;

4. Grant the Office of the Solicitor General a third extension of ten (10) days to file a comment to Robredo’s Motion for Reconsideration for the PET to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

5. Order the COMELEC, through the OSG, to personally file the said Comment with the PET; otherwise, the same will be deemed waived;

6. Note the Compliance of the Municipal Treasuer of Ocampo, Camarines Sur explaining why the ballots previously referred to were wet or damaged; and

7. Note Robredo’s Vehement Opposition to the OSG’s third motion for extension.

The PET further resolved to :

1. Note the Incident Report dated 14 June 2018 stating that in table #15 x x x “The Head Revisor observed / saw a rectangular lens on top of the ballots being reviewed by the party revisor for the protestant. The lens was confiscated by the security on duty” ;

2. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Iloilo ;

3. Note several Incident Report(s) wherein there were discrepancies between the physical count of the ballots and the election returns in numerous precincts in Iloilo ;

4. Note several Incident Report(s) regarding discrepancies in the counting of ballots in numerous precincts in Iloilo ;

5. Note several Incident Report(s) regarding tampering because of discrepancies in the signatures of the election officers in numerous precincts in Iloilo ;

(click here to see the 3 July 2018 Notice from the PET)

On 6 July 2018, BBM received an Opposition from Robredo, wherein she vehemently opposed the third Motion for Extension of Time filed by the Office of the Solicitor General (OSG) regarding the use of the 25% shading threshold in the ongoing recount proceedings.

(click here to see the 6 July 2018 Opposition from Robredo)

On 6 July 2018, BBM received a Notice from the COMELEC regarding the continuation of the election protests of Platon vs. Insular and Pantoja vs. Palacio.

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

On 6 July 2018, BBM received a Manifestation and Motion from the Office of the Solicitor General (OSG). As the “People’s Tribune”, the OSG stated that “the PET correctly ruled that it has ‘no basis to impose a 25% threshold in determining whether a vote is valid

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

On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding the use of decrypted ballot images in lieu of the original paper ballots in numerous clustered precincts which have been the subject of Incident Reports in Camarines Sur and Iloilo.

BBM emphasized that the decrypted ballot images have been compromised.

As early as February 2018, BBM already expressed his reservations on the use of ballot images because of its dubious and highly questionable appearance. According to BBM, “It is undisputed that the original paper ballots used during the 2016 elections did not contain squares. Interestingly, however, a review of the decrypted ballot images from the pilot provinces of Camarines Sur, Iloilo and Negros Oriental confirms the presence of squares on the decrypted ballot images, specifically on the oval intended for protestee Robredo.”

Consequently, “the presence of these squares on the oval intended for protestee Robredo certainly proves that the decrypted ballot images are not faithful images of the original paper ballots used during the 2016 Elections. Hence, the same cannot be relied upon for purposes of the judicial recount and revision proceedings.

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

After 105 weeks (or roughly 739 days) :

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

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

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

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

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

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

– – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 28 May 2018, BBM filed his Opposition

(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)

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 2 July 2018 Resolutions from the PET)

(click here to see the 3 July 2018 Resolutions from the PET)

(click here to see the 4 July 2018 Resolutions from the PET)

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 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

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

• On 25 May 2018, BBM filed his Opposition

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

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 104: June 25 – July 1, 2018

On 25 June 2018, BBM received a Notice from the COMELEC regarding the appealed election cases of Tolin vs. Lim and Buzon vs. Literatus.

On 25 June 2018, BBM received a Notice from the COMELEC regarding the appealed election cases of Tolin vs. Lim and Buzon vs. Literatus. The Notice dismissed the election cases because the parties failed to pay the freight expenses for the transmittal of the ballot boxes to the COMELEC.

(click here to see the 25 June 2018 Notice from the COMELEC)

On 26 June 2018, BBM received a Manifestation from Robredo wherein she complained that one of BBM’s revisors brought a plastic magnifying glass inside the revision area.

(click here to see the 26 June 2018 Manifestation from Robredo)

Below is the ACTUAL photo of the “controversial” plastic magnifying glass :

After 104 weeks (or roughly 732 days) :

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

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

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

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

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

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

 – – – – –

The PET has yet to resolve the following matters :

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

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 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)

• In a Resolution dated 24 April 2018 but received on 17 May 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 28 May 2018, BBM filed his Opposition

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

• On 1 June 2018, BBM received a Motion for Additional Time (15 days or until 11 June 2018) from the COMELEC

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

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In a Resolution dated 24 April 2018 but received on 17 May 2018, the PET :

> stated that the decryption of the ballot images shall commence after the revision of all the ballot boxes from Camarines Sur

> required the Municipal Treasurers to explain why the ballots were wet and/or damaged

> “noted” the rest of BBM’s incident reports

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

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 but received on 15 May 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

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

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

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(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)

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

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

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

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

Week 103: June 18 – 24, 2018

On 20 June 2018, BBM received a Notice from the COMELEC regarding certain discrepancies in the on-going election protest of Tan vs. Hataman.

On 20 June 2018, BBM received a Notice from the COMELEC regarding certain discrepancies in the on-going election protest of Tan vs. Hataman.

(click here to see the 20 June 2018 Notice from the COMELEC)

After 103 weeks (or roughly 725 days) :

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

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

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

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

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

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

Week 102: June 11 – 17, 2018

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

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

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

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

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

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

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

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

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

After 102 weeks (or roughly 718 days) :

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

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

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

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

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

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

Week 101: June 4 – 10, 2018

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

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

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

After 101 weeks (or roughly 711 days) :

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

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

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

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

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

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

Week 100: May 28 – June 3, 2018

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

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

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

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

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

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

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

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

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

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

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

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

Week 99: May 21 – 27, 2018

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

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

In the said Notice, the COMELEC resolved to :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 98: May 14 – 20, 2018

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

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

The PET further resolved to :

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

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

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

The PET also Authorized :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Direct :

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

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

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

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

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

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

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

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

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

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

The PET further resolved to :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 97: May 7 – 13, 2018

On 8 May 2018, BBM received a Notice from the COMELEC approving the request of the PET to secure Certified True Copies of the Election Returns in the provinces of Camarines Sur, Iloilo & Negros Oriental.

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

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

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

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

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

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

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

Week 96: April 30 – May 6, 2018

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

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

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

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

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

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

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

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

Week 95: April 23 – 29, 2018

On 23 April 2018, BBM filed a Counter-Manifestation in which he repudiated the false and malicious accusations of Robredo against one of his counsels, Atty. Joan Padilla.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 94: April 16 – 22, 2018

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

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

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

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

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

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

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

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

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

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

Week 93: April 9 – April 15, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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