Week 117: September 24 - 30, 2018

On 24 September 2018, BBM received a Manifestation from Robredo stating she was not opposing the scheduled collection and retrieval of ballot boxes in Negros Oriental. However, she complained that no previous meeting was called for the purpose and that the estimated expenses and schedule of deliveries were only emailed to the parties on 13 September 2018.

(click here to see the 24 September 2018 Manifestation from Robredo)

On 24 September 2018, BBM received another Manifestation from Robredo stating her “observations during the first day of the retrieval of ballot boxes in the Province of Negros Oriental.”

(click here to see the 24 September 2018 Manifestation from Robredo)

On 25 September 2018, BBM received a Notice from the COMELEC regarding the backing-up/cloning of EMS servers used during the 2016 National and Local Elections.

(click here to see the 25 September 2018 Notice from the COMELEC)

On 25 September 2018, BBM received a Notice from the SET regarding the turn-over to the PET of the ballot boxes and election documents from the Municipalities of Dumangas, Oton, and Santa Barbara;

(click here to see the 25 September 2018 Notice from the SET)

On 25 September 2018, BBM received a Notice of Resolution from the PET regarding the verification of Election Returns, particularly on the correct shading threshold percentage;

The PET also denied BBM’s Strong Opposition [on the use of decrypted ballot images].

(click here to see the 25 September 2018 Notice from the Clerk of the PET)

On 28 September 2018, BBM received a Manifestation from the COMELEC reiterating the schedule of backing-up / cloning of EMS servers used during the 2016 National and Local Elections.

(click here to see the 28 September 2018 Manifestation from the COMELEC)

After 117 weeks (or roughly 823 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.

– – – – –

Listed below are the “sensitive” and important issues surrounding BBM’s protest :

1. Whether or not to apply the 25% shading threshold percentage or the 50% shading threshold percentage in the recounting of votes

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.
Although the PET did not CATEGORICALLY decide on the 25% versus 50% shading threshold, they instructed the revisors – on 25 September 2018 — to just refer to the Election Returns :

• On 25 September 2018, BBM received a Notice from the PET directing Head Revisors to refer to the election returns to verify the total number of votes as read and counted by the voting counting machine.

(click here to see the 25 September 2018 Notice from the PET)

2. What to do with the wet & unreadable ballots 

• 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)

• In a Resolution dated 4 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 4 September 2018 Resolution from the PET)

• In a Resolution dated 11 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 11 September 2018 Resolution from the PET)

• In a Resolution dated 18 September 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 18 September 2018 Resolution from the PET)

• On 25 September 2018, BBM received a Notice from the PET denying his Strong Opposition regarding the use of decrypted ballot images.

(click here to see the 25 September 2018 Resolution from the PET)

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.

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 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)

• To date, Robredo has NOT yet filed any comment regarding the above issue.

N.B.
The Election Management System (EMS) is the “brain” of any election system. It is here where the ballot images are generated and where the SD cards and computers for the different provinces are programmed. It is important to preserve the data in the EMS so the parties can easily track down any “hanky panky” that was done during the May 2016 elections.

• 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)

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 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)