Protest Watch

protestwatch

ELECTORAL PROTEST OF BONGBONG MARCOS

TIMELINE | PRESIDENTIAL ELECTORAL TRIBUNAL [PET]

WEEKLY UPDATES

Week 33: February 13 – 19, 2017

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.

Week 32: February 6 – 12, 2017

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.

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:
• 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.

Week 30: January 23 – 29, 2017

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.

 

read more

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

untitled-1

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

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

untitled-1

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

lock
PET TO ISSUE  A PRECAUTIONARY PROTECTION ORDER

[Rule 36,
2010 PET Rules]

Issued simultaneously with the Summons

N/A

2 Aug
2016

untitled-1

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

tl4

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

untitled-1

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

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

untitled-1

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

question-mark

question-mark

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

question-mark

question-mark

question-mark

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.

read more

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