Week 66: October 2 – 8, 2017
On 2 October 2017, BBM received a Notice from the PET wherein it resolved, among others, to:
1. Note without Action the alleged liability of BBM for the monthly expenses of the COMELEC warehouse in Sta. Rosa, Laguna. In its Resolution dated 29 August 2017, the PET stated that “there would be no occasion for the Tribunal to charge the same against either of the cash deposits of protestant or protestee;”
2. Note the Manifestation of BBM on his list of witnesses for Basilan, Lanao del Sur and Maguindanao as well as Require BBM to identify the corresponding clustered precincts of these witnesses;
3. Note and Grant the decryption of the Secure Digital (SD) cards relative to the 751 pilot protested precincts of Francis Tolentino, provided that prior notice be given to all the parties in interest so they can observe and participate in the said activities;
4. Note the Manifestation from Robredo regarding the Preliminary Conference Order;
5. Require BBM to comment on the said Manifestation;
6. Note and Grant the Manifestation from the COMELEC regarding the following:
6.1 Its recommended procedures, logistics, schedule and estimated costs relative to the Decryption and Printing of Ballot Images for Camarines Sur, Iloilo and Negros Oriental;
6.2 Its request for additional time to comment on the COMELEC – OFOV’s Letter; and
6.3 Its compliance to the PET’s Show Cause Order by 18 September 2017. It bears mentioning that the COMELEC had twice requested for additional time to comply with the said Order;
7. Note the Comment from BBM regarding the Preliminary Conference Order; and
8. Require Robredo to comment on BBM’s Partial Motion for Reconsideration with respect to his Motion for Technical Examination.
On 5 October 2017, BBM received a Notice from the PET wherein it resolved to:
1. Grant the Motion of the COMELEC for additional time or until 26 September 2017 to comply with the PET’s Show Cause Order. This is the second time that the COMELEC requested for an extension; and
2. Note the COMELEC’s Reply regarding the COMELEC – OFOV’s Letter.
On 5 October 2017, BBM received a copy of a Letter from the COMELEC inquiring whether the PET had exercised its preferential right over the election materials in the Municipality of Languyan, Tawi-Tawi due to to the pending election protest of Myrna C. Ajihil vs. Ruby H. Sahali.
After 66 weeks (or roughly 466 days), we are still waiting for the PET :
• to issue a Retrieval Order [per undertaking # 7 of 21]
Note that on 29 August 2017, the PET resolved to “Partially Grant [BBM’s] Motion for Retrieval only insofar as all precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned.” [per item “C” of the Resolution]
• to begin the manual recounting of votes [per undertaking # 11 of 21]
We are also waiting for the COMELEC :
• to decrypt and print the ballot images in Camarines Sur, Iloilo and Negros Oriental
• Note that on 29 August 2017, the PET resolved to “Partially Grant [BBM’s] Motion for Decryption and Printing of Ballot Images dated June 1, 2017 only insofar as all the precincts in the provinces of Camarines Sur, Iloilo, and Negros Oriental are concerned, and Direct the COMELEC to inform the Tribunal of its recommended procedures, logistics, schedule, and estimated costs for the activity within a non-extendible period of ten (10) days from receipt of this Resolution.” [per item “G” of the Resolution]