Week 113: August 27 - September 2, 2018

On 28 August 2018, BBM received a Notice from the PET which resolved to :

1. Note several incident reports with respect to the recounting of votes.

The PET further resolved to :

1. Direct the Revision Committees to comply with their instructions with respect to the recounting of votes.

(click here to see the 28 August 2018 Resolution from the PET)

On 28 August 2018, BBM received a Manifestation and Compliance from Robredo regarding her payment of the Php 50,000 - Court Fine for violating the sub judice rule.

(click here to see the 28 August 2018 Manifestation and Compliance from Robredo)

On 29 August 2018, BBM received a Notice from the PET relative to the on-going revision of ballots, which resolved to :

1. Note several the Incident Report(s) regarding wet and/or damaged ballots in numerous clustered precincts in Iloilo;

2. Note several the Incident Report(s) regarding broken ballot boxes and/or missing plastic seals in numerous clustered precincts in Iloilo; and

3. Note the Incident Report regarding discrepancies in the physical count of ballots in some clustered precincts in Iloilo.

Upon the recommendantion of the PET Commissioners, the PET resolved to :

1. Direct the Revision Committees, Head Revisors, and Revision Supervisors to comply with their instructions with respect to the recounting of votes.

The PET further resolved to :

1. Note the Letter from the Municipal Treasurer of Alimodian, Iloilo submitting his written explanation with respect to the Incident Report involving Brgy. Sulong, Alimodian, Iloilo;

2. Grant the COMELEC’s Motion for Extension of Time to File Compliance for a period of fifteen (15) days;

3. Note the Compliance from Atty. George Erwin M. Garcia; and

4. Note the Manifestation from COMELEC regarding the pull-out of the contingency laptops from the COMELEC Warehouse in Sta. Rosa City, Laguna.

Upon the recommendation of the PET Retrieval Team, the Tribunal resolved to :

1. Direct the COMELEC to deliver to the PET eighteen (18) ballot boxes from Iloilo which were subject of Random Manual Audit; and

2. Direct the Senate Electoral Tribunal (SET) to deliver fifty-four (54) ballot boxes, election documents and other election paraphernalia from Oton, Santa Barbara and Dumangas involved in Tolentino vs. De Lima,which were not included during the retrieval.

(click here to see the 29 August 2018 Resolution from the PET)

On 30 August 2018, BBM received a Comment to BBM’s Strong Opposition [On the Use of Decrypted Ballot Images for the Judicial Revision and Recount of Ballots] from the COMELEC. The COMELEC stated that the decrypted ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.”

(click here to see the 30 August 2018 Comment from the COMELEC)

On 30 August 2018, BBM received a Notice from the COMELEC regarding the withdrawal of unused sixteen (16) ballot paper rolls intended for the 2016 National and Local Elections, for the purpose of printing 157,300 test ballots in connection with the quality assurance tests for the 2019 National and Local Elections.

(click here to see the 30 August 2018 Notice from the COMELEC)

On 31 August 2018, BBM received a Notice of Resolution from the Office of the Clerk of the Tribunal regarding a Resolution from the PET, which denied BBM’s Extremely Urgent Motion to Inhibit Associate Justice Benjamin S. Caguioa.

(click here to see the 31 August 2018 Notice from the Office of the Clerk of the Tribunal)

After 113 weeks (or roughly 795 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 box 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)

• 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)

N.B.
We are waiting for the the PET to decide on whether or not to :

 uphold the 50% shading threshold as stated in item (l), Rule 43 of the 2010 PET Rules

or

 follow the 25% shading threshold in accordance with the Random Manual Audit Guide on Appreciation of Markings issued by 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 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)

N.B.
It appears that there were pre-meditated efforts to wet the ballots and other election materials inside the ballot boxes so that the PET would be “forced” to rely on the “decrypted” ballot images.

To this day, we have yet to receive information as to why several ballot boxes were broken and/or substituted by “improvised” boxes. Neither has any information been given to the parties regarding what happened to the missing Election Returns, Voter’s Receipts, Minutes of Voting and other Status Reports.

3. Revision of decrypted ballot images

• In a Resolution dated 5 June 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 5 June 2018 Resolution from the PET)

• In a Resolution dated 26 June 2018, the PET resolved to allow the revision of decrypted ballot images.

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

• On 6 July 2018, BBM filed a Strong Manifestation with Motion regarding regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 6 July 2018 Strong Manifestation from BBM)

•  In a Resolution dated 10 July 2018, the PET resolved to note BBM’s Strong Manifestation but deny his Motion to hold in abeyance the use of decrypted ballot images in the revision proceedings.

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

• On 19 July 2018, BBM filed a Strong Opposition regarding the use of decrypted ballot images in the revision proceedings.

(click here to see the 19 July 2018 Strong Opposition from BBM)

• In a Resolution dated 24 July 2018, the PET resolved to direct the COMELEC to comment on BBM’s Strong Opposition regarding the use of decrypted ballot images.

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

• In a Resolution dated 31 July 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 31 July 2018 Resolution from the PET)

• In a Resolution dated 14 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 14 August 2018 Resolution from the PET)

• On 17 August 2018, BBM received a Motion from the COMELEC asking for an extension of time within which to file its Comment.

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

• In a Resolution dated 28 August 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the  28 August 2018 Resolution from the PET)

• On 30 August 2018, BBM received COMELEC’s Comment stating that the ballot images are not faithful reproduction of the original ballots but are instead the “true and genuine representation and captured images of the official ballots themselves.

(click here to see the 30 August 2018 Comment from the COMELEC)

N.B.
From Day 1, BBM’s position has always been  as follows: because of the presence of squares instead of ovals in the ballot images, the same are no longer faithful images of the original paper ballots. Since these “decrypted” images have been compromised, they do not reflect the true will of the voting public.

4. 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 17 April 2018 Resolution from the PET)

• On 25 May 2018, BBM filed his Opposition to 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, 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.

N.B.
Despite the above Resolution of the PET which was issued on 17 April 2018, Robredo still has not filed her Comment on the matter.

5. 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 their directive that he identify his witnesses in the corresponding clustered precincts 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 Basilan, Lanao 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 7 November 2017 Resolution from the PET)

N.B.
Despite the lapse of 10 months, and the submission of 7,356 potential witnesses, we are respectfully waiting for the PET to issue a directive on BBM’s Third Cause of Action (ie: “Annulment of votes for the position of Vice-President in the provinces of Basilan, Lanao del Sur, and Maguindanao)