Weekly Updates

Week 56: July 24 – 30, 2017

On 25 July 2017, BBM received a copy of the Manifestation from the COMELEC regarding BBM’s position that the PET be given prior custody of the ballot boxes and other election paraphernalia in the election protest of Abdusakur M. Tan vs. Mujiv Hataman.

Considering the PET has the preferential right over the custody and recount of ballots whenever simultaneous election protests are involved, the COMELEC, through the OSG, submitted the matter to the Tribunal’s discretion.

(click here to see the 19 July 2017 Manifestation from the OSG)

On 25 July 2017, BBM received the Compliance and Manifestation of Robredo with respect to the aforementioned matter. Robredo informed the PET that she poses no objection to the request of the COMELEC that it be given prior custody of the ballot boxes and other election paraphernalia in the election protest of Abdusakur M. Tan vs. Mujiv Hataman.

(click here to see the 18 July 2017 Compliance and Manifestation from Robredo)

On 27 July 2017, BBM received the following from Robredo:

1. Comment and Opposition asking the PET to deny BBM’s Motion for Technical Examination on the following grounds:

i. That the parties are not allowed to designate more than 3 pilot provinces; Thus the ballot boxes from Lanao del Sur, Basilan and Maguindanao should not be subject of any technical examination at this stage of the proceedings;
ii. That there are pending incidents which must first be resolved by the Tribunal before any technical examination can be undertaken; and
iii. That there is no sufficient basis to allow the technical examination of the EDCVL.

(click here to see the 20 July 2017 Comment and Opposition from Robredo)

2. Comment and Opposition asking the PET to deny BBM’s reiterative Motion to Direct the Collection of Ballot Boxes and other Election Documents and Paraphernalia for the Pilot Protest. Robredo based her opposition on the following grounds:

i. That the parties are not allowed to designate more than 3 pilot provinces; Thus, the ballot boxes from Lanao del Sur, Basilan and Maguindanao should not be subject of any collection and retrieval;
ii. That there are pending incidents which must first be resolved by the Tribunal before any collection and retrieval can be undertaken;
iii. There are logistical concerns on the part of Tribunal which must first be resolved.

(click here to see the 20 July 2017 Comment and Opposition from Robredo)

On 28 July 2017, BBM received a copy of a Notice wherein the PET resolved to:

1. Note BBM’s compliance of the payment of the final installment of the cash deposit;
2. Await Robredo’s comment on BBM’s Motion to direct the collection of ballot boxes and other election paraphernalia for the pilot provinces;
3. Require BBM to comment on Robredo’s Motion to defer payment of second installment
of additional cash deposit dated 13 July 2017;
4. Direct the COMELEC to furnish BBM with a copy of the letter dated 10 July 2017 of Maria Lea
R. Alarkon of the Office for Overseas Voting (OFOV);
5. Require BBM to comment on the above-mentioned letter.

(click here to see the 18 July 2017 Notice from the PET)

On 28 July 2017, BBM received a Notice from the COMELEC informing the parties that the decryption of the SD cards and printing of ballot images and other election related matters for various clustered precincts in San Antonio, Northern Samar was scheduled on August 1, 2 and 3, 2017 at the COMELEC offices in Palacio del Gobernador, Manila.

(click here to see the 27 July 2017 Notice from the COMELEC)

After 56 weeks (or roughly 394 days), we are still waiting for the PET :

• to issue a Retrieval Order [per undertaking # 7 of 21]
• to conduct the manual recounting of votes [per undertaking # 11 of 21]

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