Week 127: December 3 - 9, 2018

On 3 December 2018, BBM received a Notice from the COMELEC regarding the decryption of audit logs in some municipalities and the backing-up of all data contained in the 2016 CCS laptops.

(click here to see the 3 December 2018 Notice from the COMELEC)

On 3 December 2018, BBM received a Compliance from the City Treasurer of Naga City regarding damaged ballot boxes, which were stored in Naga’s Sports Complex.

(click here to see the 3 December 2018 Compliance from the City Treasurer of Naga City)

On 5 December 2018, BBM received a Comment from the COMELEC, saying it will adopt its previous Comment that there was no pre-shading nor tampering of the official ballots prior to the elections in 2016.

(click here to see the 5 December 2018 Notice from the COMELEC)

On 5 December 2018, BBM received an Urgent Omnibus Motion from Robredo asking the PET to expunge Atty. Glenn Chong’s Comment from its records.

(click here to see the 5 December 2018 Urgent Omnibus Motion from Robredo)

On 6 December 2018, BBM received a Notice from the PET which resolved to :

1. Note the Letters from the Municipal Treasurers in Camarines Sur regarding Incident Reports in several clustered precincts;

2. Note the Memorandum from the Municipal Treasurers in Iloilo regarding Incident Reports in several clustered precincts;

3. Note the Letter from the COMELEC Executive Director, and grant his request to pull out one (1) unit SD card duplicator stored at COMELEC Warehouse in Sta. Rosa City, Laguna;

4. Note the Letter from the Acting Secretary of the SET regarding the custody of 53 ballot boxes from Iloilo;

5. Note Robredo’s Manifestation on the Scheduled Retrieval of Ballot Boxes in Negros Oriental;

6. Note Robredo’s Manifestation regarding her observations during the first day of retrieval activity in Negros Oriental;

7. Note the COMELEC’s Manifestation informing the Tribunal of the backing-up and/or cloning of the data of the Election Management System (EMS) Servers;

8. Note the Letters from BEI Chaipersons of several clustered precincts in Camarines Sur;

9. Note the Letter from the COMELEC – ERSD regarding some ballot boxes from Negros Oriental which were subjected to Random Manual Audit (RMA).

Acting on the following Incident Reports regarding the on-going revision of ballots, the Tribunal resolved to :

1. Note the Incident Report regarding the alleged misbehavior of the Head and party revisors; and

2. Note several Incident Report(s) regarding damaged ballot boxes in numerous clustered precincts in Iloilo.

The Court further resolved to approve the renewal of employment contracts of certain contractual personnel of the PET.

The Court likewise resolved to :

1. Direct several Municipal and City Treasurers of Negros Oriental to explain why some ballot boxes were already damaged when these were delivered to the PET Retrieval Team;

(click here to see the 6 December 2018 Notice from the PET)

On 7 December 2018, BBM received a Notice from the PET regarding the on-going revision of ballots which resolved to :

1. Note several Incident Report(s) regarding wet, spoiled and/or damaged ballots in numerous clustered precincts in Camarines Sur; and

2. Note several Incident Report(s) regarding missing election returns in numerous clustered precincts in Camarines Sur.

The Tribunal further resolved to :

1. Note and Grant the Letter from the COMELEC regarding the temporary custody of ballot boxes and recount of ballots in the protest of Abdulrauf vs. Salic;

2. Note BBM and Atty. Glenn Chong’s Comments on Robredo’s Fourth Manifestation of Grave Concern;

3. Note and Grant the Letter from the COMELEC Executive Director regarding the transfer of the 2016 ballot boxes to the Health Center Building.

Acting on BBM’s Manifestation of Appreciation for Sustaining Rule 43 (L) of the 2010 Rules of the Presidential Electoral Tribunal with Omnibus Motion xxx, the Court resolved to await the comment from the COMELEC.

The Tribunal further resolved to approve the new Guidelines in the Appreciation of Ballots under the Automated Election System (Ballot Appreciation Guidelines).

(click here to see the 7 December 2018 Notice from the PET)

On 7 December 2018, BBM received a Notice from the COMELEC regarding the accuracy testing of ballots at the National Printing Office.

(click here to see the 7 December 2018 Notice from the COMELEC)

After 127 weeks (or roughly 893 days) :

 

• The PET has begun the manual recount of votes from Negros Oriental, the last pilot province of BBM.
[per undertaking # 11 of 21]

– – – – –

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)

• On 5 October 2018, BBM filed a Manifestation of Appreciation with Omnibus Motion for partial reconsideration of the denial of his Strong Opposition.

(click here to see the 5 October 2018 Manifestation with Omnibus Motion from BBM)

• In a Resolution dated 9 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 9 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to note BBM’s Manifestation with Omnibus Motion and direct Robredo and the COMELEC to comment.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 16 October 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 16 October 2018 Resolution from the PET)

• In a Resolution dated 6 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 6 November 2018 Resolution from the PET)

• On 6 November 2018, BBM recieved the COMELEC’s Motion for extension of time within which to file a comment.

(click here to see the 6 November 2018 Motion from the COMELEC)

• In a Resolution dated 13 November 2018, the PET resolved to allow the revision of decrypted ballot images.

(click here to see the 13 November 2018 Resolution from the PET)

• On 22 November 2018, BBM received Robredo’s Comment and Oppostion.

(click here to see the 22 November 2018 Comment from Robredo)

• In a Resolution dated 4 December 2018, the PET resolved to note the COMELEC’s Comment and required BBM to reply thereon.

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

• On 5 December 2018, BBM received the COMELEC’s Comment, stating BBM’s claim has “no leg to stand on.”

(click here to see the 5 December 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.

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)