Week 73: November 20 – 26, 2017
On 21 November 2017, BBM filed a Motion requesting the PET to direct the COMELEC-ERSD to turnover all the official printed and authenticated copies of the decrypted ballot images, election returns and audit logs for all the protested clustered precincts of Camarines Sur, Iloilo and Negros Oriental.
On 22 November 2017, BBM received a Notice from the COMELEC wherein it resolved to adopt in to all the recommendations and directives of the ERSD relative to the retrieval and transportation of the Book of Voters and Election Day Computerized Voters List (EDCVL) used in the technical examination proceedings in the election protest of Angana vs. Zambo, et. al. in Toledo City, Cebu, and to return the same to the COMELEC Philpost Warehouse for safekeeping.
On 24 November 2017, BBM received a Notice from the PET which resolved, to:
1. Note BBM’s Compliance regarding his revised list of witnesses for each of the clustered precincts in Basilan, Lanao del Sur and Maguindanao;
2. Note Robredo’sComment on BBM’s Partial Motion for Reconsideration for Technical Examination;
3. Note BBM’s Comment on Robredo’sManifestation on the Preliminary Conference Order;
4. Note the COMELEC’s Compliance of the PET’s Show Cause Order regarding the post-election activities conducted in Bucay, Abra;
5. Note the COMELEC’s Letter dated October 23, 2017 and Grant the lower court’s request for temporary custody of the original ballots relative to the election protest ofBuctuan vs.Melico;
6. Grant Robredo’s Motion to secure soft copies of the printed ballot images from the ongoing decryption activity for Camarines Sur, Iloilo and Negros Oriental;
7. Note the COMELEC’s Compliance regarding the information that was requested by the PET relative to the decryption and printing process;
8. Note and Grant the COMELEC’s Letter which informed the PET that they intend to turnover the boxes containing printed ballot images, audit logs, election returns and statistical data of the decrypted clustered precincts of Baao, Camarines Sur for storage purposes and that they will continuously transmit and turnover decrypted and printed materials of the remaining municipalities of Camarines Sur, Iloilo and Negros Oriental;
9. Deny Zorayda Alonzo al.’s Motion for Reconsideration“considering that the latter have neither legal interest in the matter subject of the instant protest nor will be adversely affected by its resolution;”
10. Note Robredo’s Comment on the Preliminary Conference Order but Deny her request for the restatement of Issue No. 1 in the Pre-Trial Order for lack of merit.
11. Note Robredo’s Manifestation to the Motion for Reconsideration filed by Zorayda Alonzo al.;
12. Deny BBM’s Partial Motion for Reconsideration for Technical Examination; and
13. Note BBM’s Comment to the Motion for Reconsideration filed by Zorayda Alonzo al.
On 24 November 2017, BBM received a Notice from the COMELEC informing the parties that it directed the Election Officer of Caramoan, Camarines Sur to desist from any action on the Petition for Recall against Mayor Marlyn S. Cordial until her Motion for Reconsideration is ruled upon.
After 73 weeks (or roughly 515 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 [the] 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 for Camarines Sur, Iloilo & Negros Oriental
[per undertaking # 11 of 21]