ELECTION PROTEST

Weekly Updates

Week 12: September 19 – 25, 2016

On 19 September 2016, Robredo filed a Manifestation with Urgent Ex-Parte Motion to expunge BBM’s Answer to her Counter-Protest.

On 19 September 2016, Robredo filed a Manifestation with Urgent Ex-Parte Motion to expunge BBM’s Answer to her Counter-Protest. Robredo now claims that BBM’s Answer should be expunged from the records because the same was not verified.

On 20 September 2016, BBM filed a Manifestation with Motion to Admit Attached Verification.

BBM clarified that his Answer to the Counter-Protest was filed ad cautelam – meaning, it was filed as a precautionary measure to preserve this legal remedy in case his Motion to strike out or expunge Robredo’s Answer was denied by the PET.

BBM explained that although he was not able to formally execute a Verification for his Answer Ad Cautelam to the Counter-Protest because he was out of the country from 25 August 2016 to 13 September 2016 to attend to some personal matters, he made sure that he read the contents of his Motion to strike out or expunge Robredo’s Answer before the same was filed on 9 September 2016. He also affirmed that the allegations contained therein are true and correct based on his own personal knowledge and/or the authenticated records of the case.

 

Week 11: September 12 – 18, 2016

On 15 September 2016, BBM filed a Comment to the letter of Atty. Jose M. Tolentino, COMELEC Executive Director, requesting authority from the PET to furnish Mayor Gelacio R. Manalang and Atty. Luis R. Villafuerte with copies of the audit logs, statistical reports and transmission reports generated by the VCM and CCS units in the May 2016 elections.

On 15 September 2016, BBM filed a Comment to the letter of Atty. Jose M. Tolentino, COMELEC Executive Director, requesting authority from the PET to furnish Mayor Gelacio R. Manalang and Atty. Luis R. Villafuerte with copies of the audit logs, statistical reports and transmission reports generated by the VCM and CCS units in the May 2016 elections.

BBM did not oppose Atty. Tolentino’s requests and submitted the same to the discretion of the PET.

Week 10: September 5 – 11, 2016

On 7 September 2016, Robredo filed an Urgent Ex-Parte Motion asking the High Tribunal to consider BBM as having waived his right to file his Answer to her Counter-Protest. According to her, BBM failed to file his Answer within ten (10) days from receipt of her Counter-Protest.

On 7 September 2016, Robredo filed an Urgent Ex-Parte Motion asking the High Tribunal to consider BBM as having waived his right to file his Answer to her Counter-Protest. According to her, BBM failed to file his Answer within ten (10) days from receipt of her Counter-Protest.

According to Robredo, the 10 day period should be counted from 16 August 2016 — which was the date BBM procured the advance copy of her Answer with Counter-Protest (without the annexes) instead of being counted from 30 August 2016 — which was the date BBM procured the official copy of her Answer with Counter-Protest (with the annexes).

On 9 September 2016, BBM filed a Motion and formally requested the PET to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time. It will be recalled that Robredo filed her Answer with Counter-Protest on 15 August 2016 – or 3 days after the 12 August 2016 deadline.

In his Answer Ad Cautelam to the Counter-Protest, BBM effectively disputed the allegations contained in Robredo’s Answer with Counter-Protest. He asked the PET to ignore these delaying tactics and proceed with the conduct of the Preliminary Conference in accordance with Rule 29 of the 2010 PET Rules.

On 5 September 2016, BBM filed his Comment to the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. He opposed the proposed stripping activity and said that this would violate the PET’s clear and express directive to the poll body to preserve all election materials used in the last polls. BBM informed the PET that he had written to the COMELEC 4 times* [May 31, June 6, June 16, July 14] requesting for a forensic audit of the VCMs and CCS laptop units used during the May 2016 elections and yet his formal requests fell on deaf ears. Instead of allowing the audit, the COMELEC is now seeking the PET’s permission to strip the abovementioned election-related information.

(click here to see the receiving copy of the 4 letters that BBM sent to the COMELEC)

 

Week 9: August 29 – September 4, 2016

On 30 August 2016, BBM officially received the complete set of Robredo’s Answer with Counter-Protest..*

On 30 August 2016, BBM officially received the complete set of Robredo’s Answer with Counter-Protest..*

(click here to see the receiving copy of Robredo’s Answer with Counter-Protest.)

On 30 August 2016, Robredo filed her Comment to the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. She said she saw nothing wrong with the COMELEC’s proposed stripping activity and would not oppose the same.

Week 8: August 22 – 28, 2016

On 25 August 2016, BBM filed a Manifestation with the PET informing them that he would be replying to Robredo’s Answer with Counter-Protest as soon as he receives the complete set of her pleading, together with the attachments thereof.

On 25 August 2016, BBM filed a Manifestation with the PET informing them that he would be replying to Robredo’s Answer with Counter-Protest as soon as he receives the complete set of her pleading, together with the attachments thereof.

Week 7: August 15 – 21, 2016

On 15 August 2016, BBM filed a Manifestation with the PET on the proposed plan of the COMELEC to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data.

On 15 August 2016, BBM filed a Manifestation with the PET on the proposed plan of the COMELEC to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data. He argued that the plan was in blatant violation of the PET’s clear and express directive to the poll body to preserve all election materials used in the last polls.

BBM likewise manifested that he received numerous reports that harassment and intimidation were being employed upon his witnesses by supporters of Robredo.

On 15 August 2016, Robredo filed her Answer to BBM’s Election Protest, together with a Counter-Protest.

Under Rule 23 and 24 of the 2010 PET Rules, Robredo’s Answer should be filed within 10 days from receipt of the Summons issued by the PET.

By her own categorical admission, Robredo received the Summons on 2 August 2016*. Therefore, her Answer should have been filed on 12 August 2016. Since she belatedly filed her Answer on 15 August 2016, the same was filed out of time.

(*click here to see Robredo’s admission in her Answer)

On 16 August 2016, the PET issued a Resolution requiring the parties to comment on the COMELEC’s proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data.

Week 6: August 8 – 14, 2016

No significant development.

No significant development.

Week 5: August 1 – 7, 2016

On 2 August 2016, the PET formally issued the PPO to the COMELEC. BBM received a copy of the said Order on the same day.

On 2 August 2016, the PET formally issued the PPO to the COMELEC. BBM received a copy of the said Order on the same day.

Week 4: July 25 – 31, 2016

No significant development.

No significant development.

Week 3: July 18 – 24, 2016

No significant development.

No significant development.

Week 2: July 11 – 17, 2016

In a media briefing on 12 July 2016, the PET announced that it found the Election Protest filed by BBM sufficient in form and substance.

In a media briefing on 12 July 2016, the PET announced that it found the Election Protest filed by BBM sufficient in form and substance. It also issued a Precautionary Protective Order [PPO] directing the COMELEC to preserve all the election materials and paraphernalia relative to the May 9, 2016 elections.

In the same Order, the PET issued a Summons to Robredo ordering her to file her Answer to the Election Protest within ten (10) days from receipt thereof.

Week 1: July 4 – 10, 2016

No significant development.

No significant development.