Weekly Updates

Week 62: September 4 – 10, 2017

On 4 September 2017, BBM received a Notice from COMELEC – Balayan, Batangas informing him about the transfer of ballots in metal ballot boxes in view of the earthquake last April 8, 2017 that damaged the ballot boxes where the said ballots were originally contained. This activity will be on September 11, 2017 at 1:00 p.m. at the Municipal Covered Court. The precincts in the Municipality of Balayan, Batangas involved are the following:

1. Brgy. 2, Precincts Nos. 0007A; 0008A, 0009A;
2. Brgy. 7, Precincts Nos. 0033A, 0034A;
3. Brgy. 9, Precincts Nos. 0042A, 0043A;
4. Brgy. Calzada, Precincts Nos. 0086A, 0088A, 0089A;
5. Brgy. Munting Tubig, Precincts Nos. 0171A, 0171B, 0172A; and
6. Brgy. San Juan, Precincts Nos. 0215A, 0215B, 0216A;

(click here to see the 4 September 2017 Notice from COMELEC – Balayan, Batangas)

On 5 September 2017, BBM received the Preliminary Conference Order from the PET wherein it resolved to:

1. Dismiss BBM’s First Cause of Action for “judicial economy and for the prompt disposition of this case.” The PET stated since the Second and Third Causes of Action “remain intact and independent of the First Cause of Action x x x “this will not prevent [BBM] from continuing because [BBM] can still prove his case through the Second and Third Causes of Action.”

2. Deny Robredo’s Motion for Reconsideration Pro Tanto for lack of merit;

3. Partially Grant BBM’s Motion for Retrieval for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

4. Note COMELEC’s Letter dated 22 April 2017 and grant their request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

5. Note and Deny the Letter dated 22 April 2017 from Atty. Jose Amor M. Amorado opposing COMELEC’s request for temporary custody of the election materials and other paraphernalia involving 200 clustered precincts which were used for the position of ARMM Regional Governor during the May 2016 elections;

6. Defer Action on BBM’s Motion for Technical Examination “until after the Tribunal’s initial determination of the grounds for the Protest under Rule 65 of the 2010 PET Rules”

7. Partially Grant BBM’s Motion for Decryption and Printing of Ballot Images for the three (3) pilot provinces, namely, Camarines Sur, Iloilo and Negros Oriental;

8. Direct BBM to submit a new witness list — namely 3 witnesses per clustered precinct — for the annulment of votes in Basilan, Lanao del Sur and Maguindanao within five (5) days from receipt of said Notice; and

9. Direct BBM and Robredo to submit their comments or objections, if any, on the Preliminary Conference Order within ten (10) days from receipt of said Notice.

The PET also resolved to:

1. Direct COMELEC to reply to the COMELEC – OFOV Letter within ten (10) non-extendible days from receipt of said Notice;

2. Direct Judge Corpus Alzate to furnish COMELEC with a copy of the lower court’s Manifestation dated 17 August 2017 and to Show Cause why he failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

3. Direct the COMELEC to Show Cause why it failed to seek PET’s prior approval before conducting a post-election activity in Bucay, Abra;

4. Note various Letters from the COMELEC and Grant their requests provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;

5. Note the Manifestation of Zorayda Alonzo et.al. dated 22 August 2017; and

6. Direct BBM and Robredo to file their comments on the Motion for Reconsideration of Alonzo et.al. within ten (10) non-extendible days from receipt of said Notice;

(click here to see the 5 September 2017 Notice from the PET)

After 62 weeks (or roughly 438 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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