ELECTION PROTEST

Weekly Updates

Week 58: August 7 – 13, 2017

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

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

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

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

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

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

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

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

In the same Notice, the PET also :

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

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

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

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

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

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

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

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

Week 57: July 31 – August 6, 2017

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

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

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

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

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

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

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

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

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

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

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

Week 56: July 24 – 30, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 55: July 17 – 23, 2017

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

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

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

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

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

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

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

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

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

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

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

Week 54: July 10 – 16, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 53: July 3 – 9, 2017

No significant developments

No significant developments

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

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

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

Week 52: June 26 – July 2, 2017

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

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

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

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

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

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

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

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

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

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

Week 51: June 19 – 25, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 50: June 12 – 18, 2017

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

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

(click here to see the PCB of BBM)

(click here to see the PCB of Robredo)

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

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

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

Week 49: June 5 – 11, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Week 48: May 29 – June 4, 2017

On 1 June 2017, BBM filed a Motion asking the PET for the immediate decryption and printing of the ballot images from the relevant Secure Digital (SD) cards and/or other data storage devices in each of the 36,465 protested clustered precincts

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

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

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

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

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

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

Week 47: May 22 – 28, 2017

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

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

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

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

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

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

 

Week 46: May 15 – 21, 2017

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

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

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

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

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

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

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

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

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

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

Week 45: May 8 – 14, 2017

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

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].