Week 109: July 30 - August 5, 2018

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.

(click here to see the 30 July 2018 Compliance from Atty. Garcia)

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.

(click here to see the 30 July 2018 Omnibus Motion from BBM)

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].

(click here to see the 3 August 2018 Motion from the COMELEC)

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.

(click here to see the 3 August  2018 Urgent Ex-Parte Omnibus Motion from Robredo)

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 :

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)