Protest Watch

protestwatch

ELECTORAL PROTEST OF BONGBONG MARCOS

TIMELINE | PRESIDENTIAL ELECTORAL TRIBUNAL [PET]

WEEKLY UPDATES

Week 42: April 17 – 23, 2017

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”.

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.

Week 41: April 10 – 16, 2017

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.

Week 40: April 3 – 9, 2017

No significant developments.

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.  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.

Week 38: March 20 – 26, 2017

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.

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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.

read more

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.

read more

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.

read more

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.

read more

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.

read more

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

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question-mark

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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.

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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

Remarks

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

Remarks

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