Weekly Updates

Week 105: July 2 – 8, 2018

On 2 July 2018, BBM received a Notice from the PET which resolved to :

1. Note BBM and Robredo’s Compliance [To the Show Cause Order of the PET]; and

2. Impose a Fine of fifty thousand pesos (PhP 50,000.-) on both BBM and Robredo for violating the sub judice rule. The PET likewise issued a warning that a repetition of similar act(s) would be dealt with more severely.

The PET further resolved to :

1. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Camarines Sur ;

3. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Iloilo ;

4. Note several Incident Report(s) wherein there were discrepancies between the physical count of the ballots and the election returns in numerous precincts in Iloilo ;

5. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Iloilo ;

6. Note the Incident Report regarding the “Dried brown liquid permeated the ballots, emitting an obnoxious smell [in the ballot box] and “The presence of live and dead insects, as well as a piece of dried bangus fish” in numerous precincts in Iloilo ;

7. Note Robredo’s Third Manifestation of Grave Concern and Direct Nestor Borromeo (BBM’s revisor who purportedly used a plastic “magnifying glass“) to explain within five (5) days from Notice, why his accreditation should not be withdrawn.

(click here to see the 26 June 2018 Notice from the PET)

On 3 July 2018, BBM received a Notice from the PET dated 5 June 2018 which resolved to :

1. Note the appeal in the election protest of Platon vs. Insular and Confirm that the proceedings in the said case may continue;

2. Note the appeal in the election protest of Pantoja vs. Palacio and Confirm that proceedings in the said case may continue;

3. Note the Letter of the National Citizens’ Movement for Free Elections (NAMFREL) Secretary-General but Deny their request to allow designated representatives of their organization to observe the ongoing Vice Presidential protest;

4. Note without action the Letter of the COMELEC Executive Director dated 26 April 2018;

5. Note and Grant the request of the Caloocan City Treasurer to transfer the ballot boxes to the new storage at Mabini Street, Caloocan City;

6. Note without action the Letter of several private individuals requesting the PET to follow the 25% shading threshold in the recount of votes for Vice President;

7. Confirm the approval of the reports of the PET Retrieval Team Leader regarding the storage of various election paraphernalia;

8. Note BBM’s Opposition to Robredo’s Motion for Reconsideration to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

9. Grant the COMELEC’s Motion, through the Office of the Solicitor General (OSG), for an extension of time within which to file a comment on Robredo’s Motion for Reconsideration to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

10. Note the referral of the Public Information Office regarding the email from a Senior Researcher from GMA Network, Inc. – News Research Section;

11. Deny the request of the aforementioned Senior Researcher from GMA Network for certain documents related to BBM’s election protest; and

12. Note and Grant the request of the COMELEC Executive Director to transfer the Office of the Election Officer of Santiago, Agusan del Norte to a new location;

The PET further resolved to :

1. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) regarding the existence of mold on the ballots in numerous precincts in Camarines Sur ;

3. Note several Incident Report(s) regarding the existence of acid from battery fluid on the ballots in numerous precincts in Camarines Sur ;

4. Note the Incident Report wherein the “votes cannot be matched with the bar codes of the ballots” in numerous precincts in Camarines Sur ;

5. Note the Incident Report(s) regarding tampering because the “BEI signatures x x x appear to be glaringly different” on the ballots in numerous precincts in Camarines Sur ;

6. Note the Incident Report dated 17 May 2018 regarding the disorderly conduct of Jose Oliver Fame (Robredo party revisor) and Direct Mr. Fame to Explain why his accreditation should not be withdrawn;

7. Note the Incident Report dated 23 May 2018 and Require Niño Jefferson Regala and Julius Caezar D. Tumalad and Explain why they should not be removed as Head or Alternate Revisors;

(click here to see the 5 June 2018 Notice from the PET)

On 4 July 2018, BBM received a Notice from the PET dated 19 June 2018 which resolved to  :

1. Grant Robredo’s request to photocopy the ballots which were ruled to be stray in the ongoing revision proceedings;

2. Direct the PET Ad Hoc Committee to coordinate with the parties regarding the procedure for photocopying the requested ballots;

3. Direct BBM to manifest whether he intends to make a similar request like Robredo.

The PET further resolved to :

1. Note without action the email from Arnelfa Paliza dated 29 May 2018 requesting that the PET use the 25% threshold in the ongoing recount proceedings;

2. Note without action the Letter from 132 law students of Bicol requesting that the PET use the 25% threshold in the ongoing recount proceedings;

3. Note without action the Letter from Bantay Nakaw Coalition dated 11 June 2018 expressing their support that the PET use the 25% threshold in the ongoing recount proceedings;

4. Note as Compliance the Letters from various Municipal Treasurers in Camarines Sur explaining why the ballots previously referred to were wet and/or damaged;

5. Grant the Motion filed by the COMELEC, through the Office of the Solicitor General (OSG), for a second extension of fifteen (15) days within which to file a comment on Robredo’s Motion for Reconsideration regarding  the 25% threshold percentage in the revision, recount and re-appreciation of ballots with a warning that no further extension will be given;

 The PET further resolved to :

1. Note several Incident Report(s) regarding misplaced election receipts in numerous precincts in Camarines Sur ;

2. Note several Incident Report(s) regarding wet, damaged and/or unreadable ballots in numerous precincts in Camarines Sur ;

3. Note the Incident Report(s) wherein the signatures of the election officers had “different / questionable strokesin numerous precincts in Camarines Sur ;

4. Note the Incident Report(s) regarding tampering because of discrepancies in the signatures of the election officers in numerous precincts in Camarines Sur ;

(click here to see the 19 June 2018 Notice from the PET)

On 4 July 2018, BBM received a Notice from the PET which resolved to :

1. Note BBM’s Opposition to the Manifestation of the COMELEC regarding the lifting of Precautionary Protection Order (PPO) on the Election Management Servers (EMS);

2. Direct the COMELEC to file a Reply to BBM’s Opposition within a non-extendible period of ten (10) days from notice;

3. Approve the transportation expense amounting to PhP 4,331.930.27 for the hauling of 2,740 ballot boxes and other election paraphernalia from Iloilo to the Supreme Court;

4. Grant the Office of the Solicitor General a third extension of ten (10) days to file a comment to Robredo’s Motion for Reconsideration for the PET to use the 25% threshold percentage in the revision, recount and re-appreciation of ballots;

5. Order the COMELEC, through the OSG, to personally file the said Comment with the PET; otherwise, the same will be deemed waived;

6. Note the Compliance of the Municipal Treasuer of Ocampo, Camarines Sur explaining why the ballots previously referred to were wet or damaged; and

7. Note Robredo’s Vehement Opposition to the OSG’s third motion for extension.

The PET further resolved to :

1. Note the Incident Report dated 14 June 2018 stating that in table #15 x x x “The Head Revisor observed / saw a rectangular lens on top of the ballots being reviewed by the party revisor for the protestant. The lens was confiscated by the security on duty” ;

2. Note several Incident Report(s) wherein there were discrepancies between the official count and the physical count of the ballots in numerous precincts in Iloilo ;

3. Note several Incident Report(s) wherein there were discrepancies between the physical count of the ballots and the election returns in numerous precincts in Iloilo ;

4. Note several Incident Report(s) regarding discrepancies in the counting of ballots in numerous precincts in Iloilo ;

5. Note several Incident Report(s) regarding tampering because of discrepancies in the signatures of the election officers in numerous precincts in Iloilo ;

(click here to see the 3 July 2018 Notice from the PET)

On 6 July 2018, BBM received an Opposition from Robredo, wherein she vehemently opposed the third Motion for Extension of Time filed by the Office of the Solicitor General (OSG) regarding the use of the 25% shading threshold in the ongoing recount proceedings.

(click here to see the 6 July 2018 Opposition from Robredo)

On 6 July 2018, BBM received a Notice from the COMELEC regarding the continuation of the election protests of Platon vs. Insular and Pantoja vs. Palacio.

(click here to see the 6 July 2018 Notice from the COMELEC)

On 6 July 2018, BBM received a Manifestation and Motion from the Office of the Solicitor General (OSG). As the “People’s Tribune”, the OSG stated that “the PET correctly ruled that it has ‘no basis to impose a 25% threshold in determining whether a vote is valid

(click here to see the 6 July 2018 Manifestation and Motion from the OSG)

On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding the use of decrypted ballot images in lieu of the original paper ballots in numerous clustered precincts which have been the subject of Incident Reports in Camarines Sur and Iloilo.

BBM emphasized that the decrypted ballot images have been compromised.

As early as February 2018, BBM already expressed his reservations on the use of ballot images because of its dubious and highly questionable appearance. According to BBM, “It is undisputed that the original paper ballots used during the 2016 elections did not contain squares. Interestingly, however, a review of the decrypted ballot images from the pilot provinces of Camarines Sur, Iloilo and Negros Oriental confirms the presence of squares on the decrypted ballot images, specifically on the oval intended for protestee Robredo.”

Consequently, “the presence of these squares on the oval intended for protestee Robredo certainly proves that the decrypted ballot images are not faithful images of the original paper ballots used during the 2016 Elections. Hence, the same cannot be relied upon for purposes of the judicial recount and revision proceedings.

(click here to see the 6 July 2018 Manifestation with Motion from BBM)

After 105 weeks (or roughly 739 days) :

• The PET still has to complete the manual recount of votes from Camarines Sur

** there are ballot boxes remaining from 368 clustered precincts at the HRET due to the election protest of Luis R. Villafuerte vs. Gabriel H. Bordado

** there are ballot boxes remaining from 25 clustered precincts at the RTC due to the election protest of Carina Ramos-Polinga vs Sandy Ondis

** there are ballot boxes remaining from 10 clustered precincts at the COMELEC – RMAT from the municipalities of Buhi, Garchitorena, Iriga City, Minalabac, Nabua, Presentacion, Ragay and Tigaon

• The PET has begun the manual recount of votes from Iloilo
[per undertaking # 11 of 21]

After Camarines Sur & Iloilo, the remaining “pilot province” is Negros Oriental.

– – – – –

The PET has yet to resolve the following matters :

1. Robredo’s Motion to Direct the Head Revisors to Apply the 25% threshold percentage in the revision, recount and re-appreciation of ballots

• On 10 April 2018, the PET denied Robredo’s Motion

(click here to see the 10 April 2018 Resolution from the PET)

• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

(click here to see the 2 May 2018 Urgent Motion from Robredo)

• In a Resolution dated 24 April 2018 but received on 17 May 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration

(click here to see the 24 April 2018 Resolution from the PET)

• On 28 May 2018, BBM filed his Opposition

(click here to see the 28 May 2018 Opposition from BBM)

• On 7 July 2018, BBM received a Manifestation from the Office of the Solicitor General

(click here to see the 6 July 2018 Manifestation from the OSG)

2. Various incident reports regarding wet ballots, re-sealed ballot boxes and discrepancies in the physical count of ballots in Camarines Sur

• In several Resolutions, the PET :

> referred other matters to the the PET Commissioners

(click here to see the 24 April 2018 Resolutions from the PET)

3. COMELEC’s request to lift the Precautionary Protection Order (PPO) with respect to the Election Management System (EMS) Servers

• In a Resolution dated 17 April 2018 but received on 15 May 2018, the PET required BBM and Robredo to comment on COMELEC’s request

(click here to see the 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition

(click here to see the 25 May 2018 Opposition from BBM)

To date, Robredo has NOT yet filed any comment regarding the above issue.

4. BBM’s Third Cause of Action

• In a Resolution dated 19 September 2017 but received on 2 October 2017, the PET required BBM to “STRICTLY COMPLY with the resolution dated August 29, 2017 directing him to identify his witnesses and the concerned clustered precincts subject of their testimonies within a FINAL and NON-EXTENDIBLE period of five (5) days from notice.”

(click here to see the 19 September 2017 Resolution from the PET)

• On 9 October 2017, BBM complied with the PET’s directive and submitted 7,356 names of witnesses for the provinces of Basilan, Lanao del Sur & Maguindanao.

(click here to see the 9 October 2017 Compliance from BBM)

> It is worth mentioning that on 11 September 2017, BBM had already submitted 171 names of potential witnesses to the PET

(click here to see the 11 September 2017 Compliance from BBM)

• In a Resolution dated 7 November 2017 but received on 24 November 2017, the PET “noted” BBM’s Compliance

(click here to see the 7 November 2017 Resolution from the PET)

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