On 30 July 2018, BBM’s counsel, Atty. George Erwin M. Garcia, filed his Compliance [Re: PET Resolution dated 3 July 2018] wherein he stated that he never sanctioned the activities of BBM’s supporters in Padre Faura.
Atty. Garcia further stressed that he has no influence nor any control over these supporters. He went a step further and explained that, “In fact x x x even BBM himself cannot restrain the activities of his supporters despite his repeated requests to stop the activities.” He also stated that he repeatedly advised BBM’s staff to request the supporters to stop their demonstration but to no avail.
On 30 July 2018, BBM filed an Omnibus Motion [for Clarification of the Revised PET Resolution dated 10 July 2018 and for Deferment of the use of the Vote Counting Machines (VCMs) in resolving the issue on whether or not a certain mark or shade could be read by the VCM].
BBM stated that the directive of the Tribunal was premature. He reminded the Tribunal that “there was still a pending issue as to the correct shading threshold” and that the said issue has yet to be resolved by the Court.
BBM further said that “the use of the VCMs is not essential in determining the correct shading threshold” which should be 50% as clearly defined under Rule 43, (l) of the 2010 PET Rules.
On 3 August 2018, BBM received a Motion from the COMELEC wherein it asked the PET for an extension of 15 days or until 14 August 2018 to file its Compliance [regarding the Tribunal’s directive to provide 50 VCMs to resolve the issue on whether or not a certain mark or shade could be read by the VCM].
On 3 August 2018, BBM received an Urgent Ex-Parte Omnibus Motion from Robredo requesting for inclusion of ballots below 50% but within 25% shading threshold in the physical counting of ballots and to resolve her Motion for Reconsideration on the basis of the COMELEC’s Comment.
After 109 weeks (or roughly 767 days) :
• The PET still has to complete the manual recount of votes from Camarines Sur.
** there are ballot boxes remaining from 365 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 :
• In a Resolution dated 10 April 2018, the PET denied Robredo’s Ex Parte Motion.
• In a Resolution dated 24 April 2018, the PET required BBM and the COMELEC to comment on Robredo’s Urgent Motion for Reconsideration.
• On 2 May 2018, Robredo filed an Urgent Motion for Reconsideration.
• On 28 May 2018, BBM filed his Opposition to Robredo’s Motion
• On 6 July 2018, BBM received a Manifestation from the Office of the Solicitor General.
• In a Resolution dated 24 July 2018, the PET resolved to note the OSG’s Manifestation and Motion
• On 26 July 2018, BBM received a Comment from the COMELEC
• In several Resolutions, the PET :
> referred other matters to the the PET Commissioners
• In a Resolution dated 17 April 2018, the PET required BBM and Robredo to comment on COMELEC’s request.
• On 25 May 2018, BBM filed his Opposition to the COMELEC’s request.
• On 20 July 2018, BBM received a Reply from the COMELEC.
• To date, Robredo has NOT yet filed any comment regarding the above issue.
• 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.
• On 11 September 2017, BBM filed his Compliance and submitted his list of witnesses.
• 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.
• 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.
• In a Resolution dated 7 November 2017, the PET “noted” BBM’s Compliance.