ELECTION PROTEST

Weekly Updates

Week 45: May 8 – 14, 2017

On 12 May 2017, BBM filed an Urgent Ex-Parte Motion and requested the PET to designate three (3) hearing Commissioners for the preliminary conference scheduled for 21 June 2017 and for the corresponding trial proper.

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

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

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

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

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

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

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

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

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

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

Week 44: May 1 – 7, 2017

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

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

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

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

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

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

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

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

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

Week 43: April 24 – 30, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 42: April 17 – 23, 2017

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

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

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

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

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

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

and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 41: April 10 – 16, 2017

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

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

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

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

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

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

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

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

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

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

 

Week 40: April 3 – 9, 2017

No significant developments.

No significant developments.

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

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

Week 39: March 27 – April 2, 2017

On 30 March 2017, BBM received a Notice from the COMELEC informing him that the on-going CCS backing up activities at Sta. Rosa, Laguna would be SUSPENDED.

On 30 March 2017, BBM received a Notice from the COMELEC informing him that the on-going CCS backing up activities at Sta. Rosa, Laguna would be SUSPENDED.  According to the electoral body, they had to suspend the activities because they discovered that the Certificates of Canvass and Statistical Reports COULD NOT be retrieved from the CCS Laptops due to the EXPIRATION of the certificates installed therein last December 2016.

To address this problem, the COMELEC said it would  ‘just change’  the system date to an earlier period.  A demonstration of the  ‘just change’  procedure will be held at the COMELEC warehouse in Sta. Rosa, Laguna on 03 April 2017.

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

After 39 weeks, we are still waiting for the PET :

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

Week 38: March 20 – 26, 2017

It looks like the COMELEC has been busy these past few days. For this week alone, BBM received no less than four (4) Notices from the COMELEC, to wit :

It looks like the COMELEC has been busy these past few days. For this week alone, BBM received no less than four (4) Notices from the COMELEC, to wit :

1. Notice regarding the decryption of SD cards and other election data in San Antonio, Northern Samar;

(click here to see the 20 March 2017 Notice from COMELEC)

2. Notice with respect to the election closure activities being conducted at the COMELEC warehouse in Sta. Rosa, Laguna:

1) Release of VCM external batteries on 21 March 2017;
2) Stripping of unused CCS kits on 21 March 2017;
3) Stripping of used CCS kits on 27 March 2017;
4) Back-up of VCM SD cards and used CCS kits on 27 March 2017.

(click here to see the 20 March 2017 Notice from COMELEC)

3. Notice informing the Supreme Court that all requests for election-related data in Siruma, Camarines Sur be addressed to the RTC concerned since the latter now has possession of the requested files.

(click here to see the 20 March 2017 Notice from COMELEC)

4. Indorsement letter addressed to the PET regarding the inventory, retrieval and delivery of election-related data in Toledo City, Cebu;

(click here to see the 21 March 2017 Indorsement from COMELEC)

On 23 March 2017, BBM sent COMELEC the names of his representatives for the election closure activities to be conducted on 21 March and 27 March 2017.

(click here to see the 23 March 2017 Letter rom BBM)

After 38 weeks, we are still waiting for the PET :

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

 

Week 37: March 13 – 19, 2017

On 10 March 2017, BBM received a Notice from COMELEC informing him that a briefing will be conducted at the COMELEC warehouse in Sta. Rosa, Laguna on 20 March 2017 regarding :

On 10 March 2017, BBM received a Notice from COMELEC informing him that a briefing will be conducted at the COMELEC warehouse in Sta. Rosa, Laguna on 20 March 2017 regarding :

1) the Stripping of unused CCS Kits beginning 20 March 2017
(the same day as the supposed briefing); and

2) the Back-up of Secure Digital (SD) Cards beginning 27 March 2017.

(click here to see the 10 March 2017 Notice from COMELEC)

On 15 March 2017, BBM sent COMELEC the names of his representatives for the Briefing, Stripping of the unused CCS kits, and Back-up of SD cards to be conducted on 20 March and 27 March 2017, respectively.

(click here to see the 15 March 2017 Letter from BBM)

On 16 March 2017, BBM received a Notice from the PET which resolved, among others :

1) Grant BBM’s Ex-Parte Motion to secure the ballot images as well as other election –related data in an on-going election protest filed in Siruma, Camarines Sur.

2) Authorize the COMELEC to proceed with the decryption of the SD Cards as well as the printing of the ballot images for the seven (7) contested clustered precincts of the Municipality of Araceli, Palawan.

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

After 37 weeks, we are still waiting for the PET :

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

 

Week 36: March 5 – 12, 2017

On 6 March 2017, BBM filed his Reply and cautioned the PET about the delaying tactics of the Robredo camp.

On 6 March 2017, BBM filed his Reply and cautioned the PET about the delaying tactics of the Robredo camp.

BBM cited the case of Manuel A. Roxas v. Jejomar C. Binay wherein the preliminary conference was scheduled barely two (2) months after the filing of Roxas’ election protest; in BBM’s case, however, eight (8) months have already lapsed and the preliminary conference has yet to be scheduled.

(click here to see the 6 March 2017 Reply from BBM)

On 9 March 2017, BBM received a Letter from the COMELEC regarding Robredo’s request that she be given copies of the printed ballot images, election returns and other election data from a pending election protest in Camarines Sur.

(click here to see the 8 March 2017 Letter from the COMELEC)

After 36 weeks, we are still waiting for the PET :

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

Week 35: February 27 – March 5, 2017

On 28 February 2017, BBM received Robredo’s Comment/ Opposition asking the Tribunal to deny BBM’s motion, to set the case for Preliminary Conference.

On 28 February 2017, BBM received Robredo’s Comment/ Opposition asking the Tribunal to deny BBM’s motion, to set the case for Preliminary Conference.

Although the PET recently ruled that BBM’s election protest is sufficient in form and substance, the scheduling of the Preliminary Conference is, lamentably, already over 5 months overdue.

(click here to see the 17 February 2017 Comment/Opposition from Robredo)

On 28 February 2017, BBM received a Notice from the PET which noted matters incidental to the election protest, including Robredo’s Comment / Opposition to have the Preliminary Conference scheduled. The Notice likewise gave BBM a non-extendible period of ten (10) days within which to file his Reply to Robredo’s Comment / Opposition.

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

On 2 March 2017, BBM duly filed an Ex-Parte Motion to secure the ballot images as well as other election –related data in an on-going election protest filed in Siruma, Camarines Sur.

(click here to see the 22 February 2017 Ex-Parte Motion from BBM)

On 3 March 2017, BBM received Robredo’s Motion for Reconsideration Pro Tanto with Prayer to Set for Hearing which asked the Tribunal to reconsider its 24 January 2017 Resolution which denied her request to dismiss BBM’s election protest.

(click here to see the 24 February 2017 Motion for Reconsideration from Robredo)

After 35 weeks, we are still waiting for the PET :

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

Week 34: February 20 – 26, 2017

On 20 February 2017, BBM received the following:

On 20 February 2017, BBM received the following:

1) Urgent Ex-Parte Motion of Robredo wherein she asked the PET to allow her to secure copies of the printed ballot images, election returns and audit logs from the decrypted SD cards in CamSur as well as in the protested and counter-protested clustered precincts subject of the election protest.

(click here to see the 13 February 2017 Urgent Ex-Parte Motion from Robredo)

2) Manifestation from COMELEC, informing the PET that it will be resubmitting its Comment dated 18 November 2016.

(click here to see the 14 February 2017 Manifestation from the COMELEC)

3) Notice from the PET wherein it resolved various incidental matters, including Robredo’s recent Motion dated 13 February 2016.

(click here to see the 14 February 2017 Resolution from the PET)

After 34 weeks, we are still waiting for the PET :

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

 

Week 33: February 13 – 19, 2017

On 14 February 2017, BBM received a Notice from the COMELEC informing him that they will be conducting a diagnostic of the Election Management System servers on 24 February 2017 at the COMELEC warehouse in Sta. Rosa, Laguna.

On 14 February 2017, BBM received a Notice from the COMELEC informing him that they will be conducting a diagnostic of the Election Management System servers on 24 February 2017 at the COMELEC warehouse in Sta. Rosa, Laguna.

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

On 15 February 2017, BBM received a Resolution from the PET wherein the tribunal resolved, among others, to DENY protestee Robredo’s request to dismiss BBM’s election protest.

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

After 33 weeks, we are still waiting for the PET :

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

Week 32: February 6 – 12, 2017

On 8 February 2017, BBM received a Notice from the PET wherein it decided to :

On 8 February 2017, BBM received a Notice from the PET wherein it decided to :

1) GRANT the 16 January 2017 Motion from the COMELEC to REBOOT the servers in the Memory Configuration Room of the Sta. Rosa warehouse; to conduct and undertake DIAGNOSTICS thereon; and to SHUTDOWN the servers once the diagnostics have been conducted.

The PET likewise informed the COMELEC:

i. to give the PET and parties prior notice of the date of the rebooting, diagnostics and shutting down of the servers;
ii. to allow the PET and the parties to observe and participate therein; and
iii. to inform the PET and the parties of the status and result of the said activities.

2) DIRECT Protestee Robredo to file her Comment on BBM’s 24 January 2017 Ex-Parte Motion to set [the] Case for Preliminary Conference within ten (10) days from receipt of said Notice.

(click here to see the 31 January 2017 Resolution from the PET)

After 32 weeks, we are still waiting for the PET :

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

Week 31: January 30 – February 5, 2017

On 30 January 2017, BBM received a Manifestation and Motion from the COMELEC, asking the PET to allow them to do the following at the Memory Configuration Room (MCR) in their Sta. Rosa, Laguna warehouse:

On 30 January 2017, BBM received a Manifestation and Motion from the COMELEC, asking the PET to allow them to do the following at the Memory Configuration Room (MCR) in their Sta. Rosa, Laguna warehouse:

• to REBOOT the servers in the said warehouse;
• to conduct and undertake DIAGNOSTICS on the servers; and
• to SHUTDOWN the servers once the diagnostics have been conducted.

According to the COMELEC, they need to REBOOT and SHUTDOWN the servers because on 30 December 2016 the air-conditioning units of the server room failed to function.

COMELEC claims that when the air-conditioning units of the server room of the MCR suddenly stopped functioning, the same caused the server units to heat up and emit unusual noises. Since they were afraid that a fire would ensue, their IT staff decided to SHUT DOWN the SERVER units.

Because of the said incident, the COMELEC is now asking permission to REBOOT, conduct DIAGNOSTICS as well as SHUTDOWN the SERVER units in order to “ensure” the physical integrity of the servers.

(click here to see the 16 January 2017 Manifestation and Motion from the COMELEC)

On 31 January 2017, BBM received a Notice from the PET resolving incidental matters relative to the election protest.

(click here to see the 17 January 2017 Notice from the PET)

On 31 January 2017, the COMELEC likewise issued a Notice informing the parties to the present election protest that a DECRYPTION of the Secure Digital Cards, printing ballot images, election returns and audit logs for the 25 clustered precincts of the Municipality of Siruma, Camarines Sur will be conducted on 15 February 2017 at the COMELEC office in Palacio del Gobernador, Manila.

It will be recalled that Camarines Sur is one of the provinces included in BBM’s election protest.

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

After 31 weeks, we are still waiting for the PET :

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

Week 30: January 23 – 29, 2017

Today marks WEEK 30 of BBM’s election protest.

Today marks WEEK 30 of BBM’s election protest.

216 days have passed since BBM filed his election protest on 29 June 2016.

On 26 January 2017, BBM filed an Ex-Parte Motion to Set[the]Case for Preliminary Conference with the PET. He asked the High Tribunal to schedule a preliminary conference for his election protest since, under Rule 29 of A.M. No. 10-4-29-SC of the 2010 PET Rules, the issues in this case had already been joined and the last pleading in relation to the said joinder was filed and served over 4 months ago – – on 9 September 2016.

(click here to see the 9 September 2016 pleading filed by BBM)
(click here to see the 26 January 2017 Ex-Parte Motion of BBM)

As of this date, we are waiting for the PET :

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

Week 29: January 16 – 22, 2017

On 20 December 2016, BBM received a Notice from COMELEC Commissioner Christian Lim informing him that COMELEC will be STRIPPING the VCM SD cards and CCS Kits beginning 9 January 2017 onwards at the COMELEC warehouse in Sta. Rosa, Laguna.

On 20 December 2016, BBM received a Notice from COMELEC Commissioner Christian Lim informing him that COMELEC will be STRIPPING the VCM SD cards and CCS Kits beginning 9 January 2017 onwards at the COMELEC warehouse in Sta. Rosa, Laguna.

It will be recalled that 3 months earlier, BBM already opposed the said STRIPPING activity by filing a Comment with the PET. BBM argued that the STRIPPING activity would violate the PET’s clear and express directive that the poll body preserve all the election material used in the May 2016 elections. He also informed the PET that although he had formally written to the COMELEC 4 times — on May 31, June 2, June 16 and July 14, 2016 – requesting for a forensic audit of the VCMs and CCS laptop units used during the May 2016 elections, the poll body ignored all his written requests for an audit.

In its 8 November 2016 Resolution, however, the PET allowed COMELEC to proceed with the STRIPPING activity for all the VCM and CCS Kits.

(click here to see the May 31, June 2, June 16, July 14, 2016 letters of BBM)
(click here to see the 5 September 2016 Comment of BBM)
(click here to see the 8 November 2016 Resolution from the PET)
(click here to see the 20 December 2016 Notice from COMELEC)

During the STRIPPING activity briefing held at Sta. Rosa, Laguna on 5 January 2017, COMELEC Commissioner Christian Lim informed the parties & their representatives that per SET Resolution No. 16-19, they were ordered not to strip 151 VCMs because the same formed part of the areas being protested by former Metro Manila Development Authority (MMDA) Chairman Francis Tolentino. According to Commissioner Lim, the poll body would be issuing a written clarification regarding this. As of this date, however, no clarification has yet been issued.

A week later, on 11 January 2017, BBM received a Notice from COMELEC informing him that the poll body would be conducting a DECRYPTION activity at Palacio del Gobernador on 16 January 2017. The said DECRYPTION activity would involve the 26 — out of the 127 SD cards — that were found to contain data during the stripping of 1,356 unused VCMs last October 2016.

It is important to note that the other 101 SD cards were not part of the DECRYPTION activity since these were set aside by the Senate Electoral Tribunal (SET) upon the motion by former Metro Manila Development Authority (MMDA) Chairman Francis Tolentino in his election protest before the SET.

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

Since the DECRYPTION activity was supposed to involve unused SD cards, all the parties & their representatives who were present at the Palacio del Gobernador on 16 January 2017 were surprised to learn that 13 out the supposedly unused 26 SD cards had folders containing data in them. Because of this, the PET stepped in and ordered COMELEC to reset the DECRYPTION activity.

On 20 January 2017, BBM received a copy of the Notice from the PET resolving incidental matters relative to the election protest.

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

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and
2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

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

Week 28: January 9 – 15, 2017

On 11 January 2017, BBM sent a letter to the COMELEC addressed to Commissioner Christian Robert S. Lim requesting the Commission to furnish him with an official list of the “quarantined” Vote Counting Machines (VCMs) that were found to be claimable, unclaimable and mismatched.

On 11 January 2017, BBM sent a letter to the COMELEC addressed to Commissioner Christian Robert S. Lim requesting the Commission to furnish him with an official list of the “quarantined” Vote Counting Machines (VCMs) that were found to be claimable, unclaimable and mismatched.

(click here to see the letter of BBM to the COMELEC)

On the same day, Commissioner Christian Robert S. Lim, in a Memorandum, endorsed said Letter to Director Ferdinand P. De Leon.

(click here to see the Memorandum)

On 12 January 2016 Director Ferdinand P. De Leon, in a letter of 1st Indorsement, forwarded the Letter to Director J. Thaddeus P. Hernan of the Administrative Services Department for perusal and appropriate action.

(click here to see the letter of 1st Indorsement)

Despite the above indorsements, COMELEC has not yet granted BBMs request.

This is not surprising considering that in the past, BBM wrote several letters to the COMELEC requesting for a copy of the audit logs used in the May 2016 elections. To this day, however, his request has fallen on deaf ears.

(click here to see the 2nd letter of BBM to COMELEC dated June 2, 2016)

(click here to see the 3rd letter of BBM to COMELEC dated June 16, 2016)

(click here to see the 4th letter of BBM to COMELEC dated July 13, 2016)

As of this date, there remain only two (2) major pending motions that require resolution by the PET:

1) the 9 September 2016 Motion to strike out and/or expunge Robredo’s Answer with Counter-Protest for being filed out of time; and

2) the 20 September 2016 Manifestation with Motion to Admit Attached Verification.

(click here to see the 9 September 2016 Motion)

(click here to see the 20 September 2016 Motion)

As of this date, we are waiting for the PET :

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

Week 27: January 2 – 8, 2017

As of this date, we are waiting for the PET :

As of this date, we are waiting for the PET :

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

Week 26: December 26, 2016 – January 1, 2017

As of this date, we are waiting for the PET :

As of this date, we are waiting for the PET :

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