On 24 October 2016, BBM sent a letter to the COMELEC informing them that they already filed an Urgent Manifestation & Motion with the PET regarding the COMELEC’s proposed plan to release 1,356 Vote Counting Machines [VCMs] to Smartmatic.
On 25 October 2016, BBM sent another letter to the COMELEC informing them that they will not be sending any representative to the Training Room in Sta. Rosa City, Laguna on 26 October 2016. As stated in the letter, during the previous hearing conducted on 19 October 2016, BBM’s counsel specifically opposed the proposed release of the 1,356 VCMs because the same was covered by the Precautionary Protection Order [PPO] issued by the PET on 12 July 2016. Thus, it would be unwise to defy PET’s Order on the matter.
On 26 October 2016, the PET issued a Resolution dated 5 October 2016:
1. Noting the Letter dated 22 September 2016 of Atty. John Gerald B. Dela Cruz of the COMELEC and granting his request for authority for the temporary prior custody of i) election paraphernalia used in the May 9 elections for the position of Mayor of Talisay City, Negros Occidental, and ii) election paraphernalia used in the May 9 elections for the position of Mayor of Marawi City;
2. Noting the Letter dated 27 September 2016 of Commissioner Christian Robert S. Lim informing the PET that the COMELEC has approved the request of Smartmatic for the release of the 1,356 VCMs; and,
3. Noting the Entry of Appearance with Motion dated 29 September 2016 filed by the OSG and granting its prayer to be served with all the pleadings and documents relative to the instant proceedings.
On 27 October 2016, COMELEC Commissioner Christian Robert Lim wrote a Letter to BBM’s lead counsel Atty. George Garcia, informing them that the “stripping” activity conducted last 26 October 2016 at Sta. Rosa City, Laguna was “not finished”, “the Commission will resume the stripping activities on 02 November 2016, 10:00 o’clock in the morning, at the Commission’s Sta. Rosa Warehouse.”
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]