Protest Watch

protestwatch

ELECTORAL PROTEST OF BONGBONG MARCOS

TIMELINE | PRESIDENTIAL ELECTORAL TRIBUNAL [PET]

WEEKLY UPDATES

Week 54: July 10 – 16, 2017

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 Osmena.

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.

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”.

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.

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 Osmena (Cebu City). The decryption activity will be conducted on 24 July 2017 at the COMELEC main office at Palacio del Gobernador, Manila.

Week 53: July 3 – 9, 2017

No significant developments

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

Week 52: June 26 – July 02, 2017

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.

Week 51: June 19 – 25, 2017

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.

 

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TIMELINE | PRESIDENTIAL ELECTORAL TRIBUNAL [PET]

Undertakings
1 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

undertakings1-icon-1

BBM TO FILE AN ELECTION PROTEST

[Rule 15,
2010 PET Rules]

30 days after the proclamation of the presumptive winner

29 Jun
2016

29 Jun
2016

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Remarks

BBM personally filed his election protest before the Supreme Court, acting as the Presidential Electoral Tribunal [PET], together with his lawyers and several political allies.

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Undertakings
2 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

folder

PET TO ISSUE SUMMONS TO ROBREDO TO FILE AN ANSWER

[Rule 22,
2010 PET Rules]

Discretionary upon the PET

N/A

2 Aug
2016

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Remarks

In a press conference held on 12 July 2016, the PET announced that because BBM’s Election Protest was sufficient in form and substance, it was given due course.

 

PET formally issued a Summons to Robredo directing her to file her Answer to BBM’s Election Protest within 10 days from receipt of the same.

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Undertakings
3 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

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PET TO ISSUE  A PRECAUTIONARY PROTECTION ORDER

[Rule 36,
2010 PET Rules]

Issued simultaneously with the Summons

N/A

2 Aug
2016

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Remarks

PET formally issued a Precautionary Protection Order [PPO] to the COMELEC requiring them to “preserve and safeguard” all the ballot boxes and their contents.

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Undertakings
4 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

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ROBREDO TO FILE HER ANSWER /
SPECIAL DEFENSES /
COUNTER PROTEST

[Rule 23 to 25,
2010 PET Rules]

Should be filed within 10 days from receipt of Summons

12 Aug
2016

15 Aug
2016

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Remarks

Robredo’s Answer was filed out of time.

 

Rule 23 & 24 of the 2010 PET Rules explicitly provide that: The Answer and / or Counter Protest “must be verified and filed within 10 days from receipt of the Summons and the protest.”

 

In her Answer, Robredo admitted that “a copy of [the Summons] was received on 2 August 2016.”  Therefore, she had until 12 August 2016 within which to file her Answer.

 

Robredo however filed her Answer on 15 August 2016.

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Undertakings
5 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

tl4

BBM TO RESPOND TO
ROBREDO’S ANSWER /
SPECIAL DEFENSES

[Rule 24,
2010 PET Rules]

Should be filed within 10 days from receipt of Robredo’s Answer

9 Sep
2016

9 Sep
2016

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Remarks

BBM filed a Manifestation asking the PET to schedule a preliminary conference.

 

He also filed a Motion to expunge Robredo’s answer with Counter-Protest for being filed out of time.

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Undertakings
6 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

tl6

EITHER PARTY MAY FILE AMENDED ANSWER / COUNTER-PROTEST

[Rule 28,
2010 PET Rules]

N/A

N/A

N/A

N/A

Remarks

Note:

 

Per PET Rules, only amendments involving form may be admitted after this stage of the proceedings.

 

When the period for receiving evidence has commenced, NO amendment affecting the merits of the case shall be granted, this is to prevent either party from engaging in dilatory tactics except for justifiable reasons.

Undertakings
7 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

tl7

PET TO ISSUE RETRIEVAL ORDER FOR THE COLLECTION OF BALLOT BOXES

[Rule 37,
2010 PET Rules]

Should be issued within 48 hours from receipt by the PET of Answer / Special and Affirmative Defenses /  Counter-Protest

17 Aug
2016

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Remarks

The purpose for using the Retrieval Order is to place the ballot boxes in the PET’s custody. This will prevent unscrupulous persons from tampering with the ballots / election results.

 

As stated earlier, (see Undertaking 4 of 21) the PET received Robredo’s Answer on 15 August 2016.

 

As of this date however, the PET has not issued the Retrieval Order for the collection of the ballot boxes.

Undertakings
8 of 21

Compliance Period
[Per PET Rules]

Deadline

Actual Date of Compliance

Done

icon8

PET TO ISSUE NOTICE OF PRELIMINARY CONFERENCE

[Rule 29,
2010 PET Rules]

Issued after the filing of the last pleading

N/A

25 Apr 2017

Remarks

As of 20 September 2016, BBM filed his last primary pleading relative to his election protest: Manifestation with Motion to Admit Attached Verification.

 

The pleadings which were subsequently filed pertain to incidental matters.

 

On 25 April 2017 the PET issued a Notice setting the preliminary conference on 21 June 2017, at 2 p.m.

 

On 6 June 2017 the PET issued a Notice resetting the preliminary conference to 11 July 2017 at 2 p.m.

 

 

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Undertakings
9 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon9

BOTH PARTIES TO FILE AND SERVE COPIES OF THEIR PRELIMINARY CONFERENCE BRIEF

[Rule 29,
2010 PET Rules]

Should be done at least 5 days  before the scheduled preliminary conference

16 Jun 2017

Remarks

On 25 April 2017 the PET issued a Notice requiring both parties to file their respective Preliminary Conference Briefs at least 5 days before the 21 June 2017 conference or until 16 June 2017.

 

On 6 June 2017 the PET issued a Notice directing the parties to submit their Preliminary Conference Briefs on or before 16 June 2017, despite the resetting of the preliminary conference to 11 July 2017.

Undertakings
10 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon10

PRELIMINARY CONFERENCE

[Rule 29,
2010 PET Rules]

As specified in the Preliminary Conference Order or as scheduled by the PET

11 Jul 2017

Remarks

On 6 June 2017 the PET issued a Notice resetting the preliminary conference from 21 June 2017 to 11 July 2017 at 2 p.m.

Undertakings
11 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon11

CONDUCT MANUAL RECOUNT AND / OR JUDICIAL REVISION
OF VOTES

[Rule 38 and 41,
2010 PET Rules]

Remarks

Undertakings
12 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon12

REVISORS TO SUBMIT THE REVISION COMMITTEE REPORT

[Rule 44,
2010 PET Rules]

Should be accomplished within 7 days from the termination of revision

Remarks

Undertakings
13 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon13

BOTH PARTIES TO FILE THEIR MOTION FOR TECHNICAL EXAMINATION

[Rule 46,
2010 PET Rules]

Should be filed within 5 days after the completion of the revision of votes

Remarks

Undertakings
14 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon14

PRELIMINARY CONFERENCE FOR RECEPTION OF THE EVIDENCE

[Rule 56,
2010 PET Rules]

Scheduled by the PET

Remarks

Undertakings
15 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon15

BOTH PARTIES TO SUBMIT ADDITIONAL AFFIDAVITS OF WITNESSES

[Rule 57,
2010 PET Rules]

Should be done not later than 5 days after the termination of the preliminary conference

Remarks

Undertakings
16 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon16

RECEPTION OF EVIDENCE BY THE HEARING COMMISSIONERS

[Rule 57 and 61,
2010 PET Rules]

Scheduled by the Hearing Commissioner

Remarks

Undertakings
17 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon17

TIME LIMIT FOR THE PRESENTATION OF EVIDENCE

[Rule 61,
2010 PET Rules]

Scheduled by the Hearing Commissioner

Remarks

Undertakings
18 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon18

BOTH PARTIES TO FILE THEIR RESPECTIVE MEMORANDA

[Rule 63,
2010 PET Rules]

Should be filed within 20 days from receipt of the PET’s ruling on the last offer of evidence of the Protestee

Remarks

Undertakings
19 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon19

BOTH PARTIES TO FILE THEIR RESPECTIVE SUPPLEMENTAL OR REBUTTAL MEMORANDA

[Rule 64,
2010 PET Rules]

Discretionary upon the PET

Remarks

Undertakings
20 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

Discretionary upon the PET

Remarks

Undertakings
21 of 21

Compliance Period
[PER PET RULES]

Deadline

Actual Date of Compliance

Done

icon21

FILING OF MOTION FOR RECONSIDERATION

[Rule 69,
2010 PET Rules]

Should be filed within 10 days from receipt of the adverse decision / resolution

Remarks