Week 111: August 13 - 19, 2018

On 13 August 2018, BBM received a Manifestation from the COMELEC informing the Tribunal of the pull-out of ten (10) units of laptops from the contingency units stored at the COMELEC Warehouse in Sta. Rosa, Laguna on 16 August 2018 at 9:00 in the morning.  According to the COMELEC, the said activity was needed for the Laboratory Testing (Lab Test) for the Election Management System (EMS), Consolidated Canvassing System (CCS), Vote Counting Machines (VCM) and Optical Mark Readers (OMR) in preparation for the May 2019 National and Local Elections.

(click here to see the 13 August 2018 Manifestation from the COMELEC)

On 13 August 2018, BBM received a second Manifestation from the COMELEC regarding the fifty (50) VCMs requested by the Tribunal for the ongoing judicial revision.  The COMELEC suggested that the “appropriate revision/audit procedures as defined by the PET” be used instead of using VCMS in determining the threshold percentage.

(click here to see the 13 August 2018 Manifestation from the COMELEC)

On 17 August 2018, BBM received a Manifestation with Urgent Motion for Clarification from Robredo, seeking for “clarification on the specific statements they uttered” which was in violation of the sub judice rule. Robredo also manifested that she paid the Php 50,000.- Court Fine.

(click here to see the 17 August  2018 Manifestation with Urgent Motion from Robredo)

On 17 August 2018, BBM received a Motion from the COMELEC requesting for a fifteen (15) day extension or until 29 August 2018 to file their Comment on BBM’s Strong Opposition to the use of decrypted ballot images for the ongoing revision at the PET.

(click here to see the 17 August 2018 Motion from the COMELEC)

On 17 August 2018, BBM received an Urgent Motion from Robredo opposing BBM’s position on the use of decrypted ballot images for the ongoing revision at the PET.

(click here to see the 17 August  2018 Urgent Motion from Robredo)

After 111 weeks (or roughly 781 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)

• In a Resolution dated 24 July 2018 but received on 9 August 2018, the PET resolved to lift the Precautionary Protection Order (PPO) on the Election Management System (EMS) servers.

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

• 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)