Week 107: July 16 - 22, 2018

On 18 July 2018, BBM received a Motion from Robredo, wherein she asked that the COMELEC be directed to file its Comment to her Motion for Reconsideration regarding the use of the 25% shading threshold in the ongoing recount proceedings within five (5) days.

(click here to see the 18 July 2018 Motion from Robredo)

On 18 July 2018, BBM received a Counter-Manifestation from Robredo wherein she claimed that “an investigation has already been conducted where some of the personalities involved were already meted with penalties.”  She also said that BBM was fully aware that an investigation had already been conducted by the PET.

These are untruthful statements. BBM filed his Manifestation [to investigate the Pansol outing] on 9 July 2018 and he did so because he had not received any information nor official communication informing him of any investigation conducted by the Tribunal nor any information that some personalities were already sanctioned, as claimed by Robredo.

Upon inquiry with the Office of the Clerk of Court, the said Counter-Manifestation was received by their office on 11 July 2018 while BBM only received the same from Robredo on 18 July 2018.  It is noteworthy to add that the PET Resolution which stated, among others, that “it had already commenced and concluded an investigation on the “Pansol outing” was dated 10 July 2018 and received by BBM on 12 July 2018.

(click here to see the 18 July 2018 Counter-Manifestation from Robredo)

On 19 July 2018, BBM received a revised version of the Notice from the PET dated June 10, 2018.  In the said Notice, the PET resolved to direct the COMELEC to:

1. Provide the Tribunal, within a non-extendible period of ten (10) days from receipt of notice, with at least fifty (50) vote counting machines (VCMs) and other election materials and paraphernalia, to enable the Tribunal to implement Rule 43, (l), 2010 PET Rules and resolve the issue on whether a certain mark or shade could be read by a Vote Counting Machine (VCM).  In the event that the VCMs could not be provided, the COMELEC was directed to inform the Tribunal and explain the reasons why.

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

On 19 July 2018, BBM filed a Strong Opposition [on the use of decrypted ballot images for the judicial revision and manual recount of ballots for his pilot protested precincts].

Once again, BBM emphasized that the decrypted ballot images had been compromised. He further stated “it is undisputed that the original paper ballots used during the 2016 elections do not contain squares.  On the other hand, a review of the decrypted ballot images from Camarines Sur, Iloilo, and Negros Oriental confirms the presence of squares on these decrypted ballot images, specifically on the oval(s) intended for Robredo. Therefore, the presence of these squares proves that the decrypted ballot images are not faithful images of the original paper ballots used in the 2016 elections.”

(click here to see the 19 July 2018 Manifestation with Motion from BBM)

On 20 July 2018, BBM received a Counter-Manifestation [on the Manifestation and Motion of the Office of the Solicitor General] from Robredo stating, among others, that “at no instance has OSG, any of its representatives and/or lawyers attended and observed the ongoing revision, recount, and re-appreciation of ballots” and that “[the] OSG [was] taking a dangerous position where the results of the elections [could] be changed by way of an election protest.

(click here to see the 20 July 2018 Counter-Manifestation from Robredo)

On 20 July 2018, BBM received a Reply from the COMELEC, wherein it again asked the Tribunal to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers and that it be given the option to either back-up or clone the data on the EMS servers or remove its hard drive.

(click here to see the 20 July 2018 Reply from the COMELEC)

After 107 weeks (or roughly 753 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 is 1 ballot boxes remaining from 1 clustered precinct at the COMELEC – RMAT from the municipality of Nabua.

 • 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

• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.

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

• In a Resolution dated 24 April 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 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.

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

• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion

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

• On 6 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 5 June 2018 Resolution from the PET)

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

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

(click here to see the 3 July 2018 Resolution 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, the PET required BBM and Robredo to comment on COMELEC’s request.

(click here to see the 15 May 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to the COMELEC’s request.

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

• On 20 July 2018, BBM received a Reply from the COMELEC.

(click here to see the 20 July 2018 Reply from the COMELEC)

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

4. BBM’s Third Cause of Action

• In a Resolution dated 29 August 2017, the PET directed BBM to submit a new list of witnesses for the provinces of Basilan, Lanao del Sur and within five (5) days.

(click here to see the 29 August 2017 Resolution from the PET)

• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.

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

• In a Resolution dated 19 September 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.”

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

(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 BasilanLanao del Sur & Maguindanao.

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

• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.

(click here to see the 24 November 2017 Resolution from the PET)