Week 108: July 23 - 29, 2018

On 23 July 2018, BBM received a Notice from the PET dated 3 July 2018 which resolved to:

1. Direct the District Director of the Manila Police District to immediately implement the Supreme Court Resolution dated July 7, 1998 and cause the immediate removal of all illegally constructed structures and/or tents along the sidewalk of Padre Faura; and

2. Direct BBM’s counsel, Atty. George Erwin M. Garcia, to explain within ten (10) days why he should not be cited in contempt of Court for tolerating BBM’s supporters to violate the abovementioned SC Resolution.

(click here to see the 23 July 2018 Notice from the PET)

On 23 July 2018, BBM filed a Strong Reply with Motion [to Release the CCTV footage].

In his Reply, BBM vehemently denied Robredo’s accusation that his revision team had prior knowledge of the infamous “Pansol outing” of the PET staff.

As to Robredo’s allegation that BBM’s Supervisor, Mr. Rhoderick Miranda, was seen on the fourth (4th) floor of the Supreme Court-CA building with a bag of snacks, the latter strongly denied the same and countered that the CCTV footage of the PET could easily confirm that he did not go to the 4th floor

BBM further raised the issue of “advance information” given to Robredo in view of her Counter-Manifestation which stated that “an investigation had already been conducted and that penalties had already been meted out to some of the personalities involved in the “Pansol outing”.  BBM likewise asked for an investigation as to how Robredo and her legal counsel were able to obtain “advance information” regarding this matter.

(click here to see the 23 July 2018 Strong Reply with Motion from BBM)

On 23 July 2018, BBM filed his Compliance regarding the Tribunal’s Resolution to pay a Court Fine of Php 50,000-.

(click here to see the 23 July 2018 Compliance from BBM)

On 26 July 2018, BBM received a Comment from the COMELEC wherein it affirmed the “25% shading threshold” in accordance with the Random Manual Audit Guide for Appreciation of Markings.

(click here to see the 26 July 2018 Comment from the COMELEC)

After 108 weeks (or roughly 760 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

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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)

• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion

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

• On 26 July 2018, BBM received a Comment from the COMELEC

(click here to see the 26 July 2018 Comment from the COMELEC)

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)