Protest Watch

protestwatch

ELECTORAL PROTEST OF BONGBONG MARCOS

TIMELINE | PRESIDENTIAL ELECTORAL TRIBUNAL [PET]

WEEKLY UPDATES

Week 63: September 11 – 17, 2017

On 15 September 2017, BBM filed his Comment to the Motion for Reconsideration of Zorayda Amelia Alonzo et al. and concurred with the PET’s decision denying their Urgent Motion for Leave to File and Admit Petition-In-Intervention.

BBM emphasized that an election protest is “strictly a contest between the defeated and the winning candidates, based on the grounds of electoral frauds or irregularities.” Therefore, it would be highly unprocedural to allow third parties to intervene in his election protest.

Week 62: September 4 – 10, 2017

On 5 September 2017, BBM received the Preliminary Conference Order from the PET wherein it resolved to:

1. Dismiss BBM’s First Cause of Action for “judicial economy and for the prompt disposition of this case.” The PET stated since the Second and Third Causes of Action “remain intact and independent of the First Cause of Action x x x “this will not prevent [BBM] from continuing because [BBM] can still prove his case through the Second and Third Causes of Action.”

2. Deny Robredo’s Motion for Reconsideration Pro Tanto for lack of merit;

3. Partially Grant BBM’s Motion for Retrieval for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

4. Note COMELEC’s Letter dated 22 April 2017 and grant their request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

5. Note and Deny the Letter dated 22 April 2017 from Atty. Jose Amor M. Amorado opposing COMELEC’s request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

6. Defer Action on BBM’s Motion for Technical Examination “until after the Tribunal’s initial determination of the grounds for the Protest under Rule 65 of the 2010 PET Rules”

7. Partially Grant BBM’s Motion for Decryption and Printing of Ballot Images for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

8. Direct BBM to submit a new witness list — namely 3 witnesses per clustered precinct — for the annulment of votes in Basilan, Lanao del Sur and Maguindanao within five (5) days from receipt of said Notice; and

9. Direct BBM and Robredo to submit their comments or objections, if any, on the Preliminary Conference Order within ten (10) days from receipt of said Notice.

The PET also resolved to:

1. Direct COMELEC to reply to the COMELEC – OFOV Letter within ten (10) non-extendible days from receipt of said Notice;

2. Direct Judge Corpus Alzate to furnish COMELEC with a copy of the lower court’s Manifestation dated 17 August 2017 and to Show Cause why he failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

3. Direct the COMELEC to Show Cause why it failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

4. Note various Letters from the COMELEC and Grant their requests provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;

5. Note the Manifestation of Zorayda Alonzo et.al. dated 22 August 2017; and

6. Direct BBM and Robredo to file their comments on the Motion for Reconsideration of Alonzo et.al. within ten (10) non-extendible days from receipt of said Notice;

Week 61: August 28 – September 3, 2017

On 31 August 2017, BBM received a Notice from COMELEC informing the parties that it approved the use of the Election Records (ERs) as well as the Voter’s Registration Records (VRRs) for the technical examination of the pilot precincts being contested in the pending election case of Rama vs. Osmena.

Week 60: August 21 – 27, 2017

On 25 August 2017, BBM received the Motion for Reconsideration of Zorayda Alonzo et.al. wherein they asked the PET to reconsider its earlier ruling and allow them to pay for Robredo’s protest fees. According to the petitioners, their intercession involves “paramount public interest considering the need to dispel uncertainty over the real choice of the electorate [for the position of Vice President]

 

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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

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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

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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

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

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