On 29 September 2016, the Office of the Solicitor General (OSG) formally entered its appearance as counsel for the COMELEC. The OSG manifested that it received a directive form the PET to file a Reply to BBM’s Comment on the proposed plan to strip the Vote Counting Machines (VCMs) and Consolidation Canvassing System (CCS) laptop units of their election data.
On 30 September 2016, BBM filed his Comment / Opposition to Robredo’s Motion asking the High Tribunal to consider him as having waived his right to file his Answer to her counter-protest as well as her Motion to expunge from the record his Answer to her counter-protest.
In his Comment / Opposition, BBM provided proof from the Philippine postal office (PhilPost)that he was given a complete copy of Robredo’s Answer with Counter-Protest (with attachments) on 30 August 2016, *. He again explained that what his lawyers obtained on 16 August 2016 was merely an advance copy, without attachments. BBM again asked the PET to ignore these delaying tactics and proceed with the conduct of the Preliminary Conference in accordance with Rule 29 of the 2010 PET Rules.
As of this date, we are waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21] and
• to issue a Notice of Preliminary Conference [per undertaking # 8 of 21]