Protest Info

BBM’s election protest will go down in history as the only PET case that saw its way to the very end.  There have only been FIVE cases that have been filed before the PET :

    • PET Case No. 001 : for President

Miriam Defensor-Santiago vs. Fidel Valdez Ramos

On 20 July 1992, Miriam Defensor-Santiago filed an election protest against Fidel Valdez Ramos.  The case was dismissed on 13 February 13 1996 because protestant [Defensor-Santiago] was subsequently elected and began assuming her duties as Senator of the Philippines in June 1995.  Hence, the protest became moot and academic.

Duration of protest3 years, 6 months and 24 days

    • PET Case No. 002 : for President

Ronald Allan Poe vs. Gloria Macapagal-Arroyo

On 23 July 2004, Ronald Allan Poe filed an election protest against Gloria Macapagal-Arroyo.  The case was dismissed on 29 March 2005 because no real party-in-interest intervened and/or substituted protestant [Allan Poe aka Fernando Poe, Jr.] when he passed away in December 2004.

Duration of protest8 months and 6 days

    • PET Case No. 003: for Vice President

Loren B. Legarda vs. Noli L. De Castro

On 23 July 2004, Loren B. Legarda filed an election protest against Noli L. De Castro. The case was dismissed on 18 January 2008 because protestant [Legarda] was subsequently elected and began assuming her duties as Senator of the Philippines in June 2007.  Hence, the protest became moot and academic.

Duration of protest3 years, 5 months and 24 days

    • PET Case No. 004: for Vice President

Manuel A. Roxas vs. Jejomar C. Binay

On 9 July 2010, Manuel A. Roxas filed an election protest against Jejomar C. Binay. The case was dismissed on 16 August 16 2016 on the ground of mootness in view of the results of the May 2016 National and Local elections. The PET also stated neither party expressed their interest to pursue the case despite being directed to do so.”

Duration of protest: 6 years and 7days

    • PET Case No. 005: for Vice President

Ferdinand “Bongbong” R. Marcos, Jr.
vs. Maria Leonor “Leni Daang Matuwid” G. Robredo.

On 29 June 2016, BBM filed his election protest against Leni Robredo.

Duration of protest:  ongoing

Under the current rules of the PET, there are 21 steps that a protesting candidate must comply with when filing an election protest :

 

Deadline

29 June 2016

Undertaking of 1 of 21

BBM to file an election protest
[Rule 15, 2010 PET rules] Filed on 29 June 2016

Compliance Period (per PET rules)

30 days after the proclamation of the presumptive winner

Actual Date of Compliance

29 June 2016

Done

Remarks

BBM personally filed his election protest before the Supreme Court, acting as the Presidential Electoral Tribunal [PET], together with his lawyers and several political allies.

Deadline

N/A

Undertaking of 2 of 21

PET to issue Summons to Robredo to file an Answer
[Rule 22, 2010 PET Rules] Issued on 2 August 2016

Compliance Period (per PET rules)

Discretionary upon the PET

Actual Date of Compliance

2 August 2016

Done

Remarks

In a press conference held on 12 July 2016, the PET announced that because BBM's Election Protest was sufficient in form and substance, it was given due course.

PET formally issued a Summons to Robredo directing her to file her answer to BBM's Election Protest within 10 days from receipt of the same.

Deadline

N/A

Undertaking of 3 of 21

PET to issue a Precautionary Protection Order
[Rule 36, 2010 PET Rules] Issued on 2 August 2016

Compliance Period (per PET rules)

Issued simultaneously with the Summons

Actual Date of Compliance

2 August 2016

Done

Remarks

PET formally issued a Precautionary Protection Order [PPO] to the COMELEC requiring them to "preserve and safeguard" all the ballot boxes and their contents.

Deadline

12 August 2016

Undertaking of 4 of 21

Robredo to file her Answer/ Special Defenses/ Counter-protest
[Rule 23 to 25, 2010 PET Rules]
Filed on 15 Aug 2016

Compliance Period (per PET rules)

Should be filed within 10 days from receipt of Summons

Actual Date of Compliance

15 August 2016

Done

Remarks

Robredo’s Answer was filed out of time.

Rule 23 & 24 of the 20 PET Rules explicitly provide that: The Answer and / or Counter Protest "must be verified and filed within 10 days receipt of the Summons and the protest".

In her Answer, Robredo admitted that "A copy of [the Summons] was received on 2 August 2016." Therefore, she had until 12 August 2016 within which to file her Answer.

Robredo, however, filed her Answer on 15 August 2016.

Deadline

9 September 2016

Undertaking of 5 of 21

BBM to respond to Robredo’s Answer/ Special Defenses
[Rule 24, 2010 PET Rules] Filed on 9 Sept 2016

Compliance Period (per PET rules)

Should be filed within 10 days from receipt of Robredo’s Answer

Actual Date of Compliance

9 September 2016

Done

Remarks

BBM filed a Manifestation asking the PET to schedule a preliminary conference.

He also filed a Motion to expunge Robredo's answer with Counter-Protest for being filed out of time.

Deadline

N/A

Undertaking of 6 of 21

Either party may file amended Answer/ Counter-protest
[Rule 28, 2010 PET Rules] N/A = nothing was filed

Compliance Period (per PET rules)

N/A

Actual Date of Compliance

N/A

Done

Remarks

Note:

Per PET Rules, only amendments involving form may be admitted after this stage of the proceedings.

When the period for receiving evidence has commenced, NO amendment affecting the merits of the case shall be granted, this is to prevent either party from engaging in dilatory tactics except for justifiable reasons.

Deadline

17 August 2016

Undertaking of 7 of 21

PET to issue retrieval order for the collection of ballot boxes
[Rule 37, 2010 PET Rules] Issued on 29 Aug 2016

Compliance Period (per PET rules)

Should be issued within 48 hours from receipt by the PET of Answer / Special and Affirmative Defenses / Counter-Protest

Actual Date of Compliance

29 August 2017

Done

Remarks

The purpose of using the Retrieval Order is to place the ballot boxes in the PET's custody. This will prevent unscrupulous persons from tampering with the ballots/election results.

As stated earlier, (see Undertaking 4 of 21) the PET received Robredo's Answer on 15 August 2016.

On 29 August 2017, the PET ordered the retrieval of the ballot boxes in all of the precincts in the provinces of Camarines Sur, Iloilo and Negros Oriental.

Deadline

N/A

Undertaking of 8 of 21

Compliance Period (per PET rules)

Issued after the filing of the last pleading

Actual Date of Compliance

25 April 2017

Done

Remarks

As of 20 September 2016, BBM filed his last primary pleading relative to his election protest: Manifestation with Motion to Admit Attached Verfication.

The pleadings which were subsequently filed pertain to incidental matters.

On 25 April 2017 the PET issued a Notice setting the preliminary conference on 21 June 2017, at 2 PM.

On 6 June 2017 the PET issued a Notice resetting the preliminary conference to 11 July 2017 at 2 PM.

Deadline

16 June 2017

Undertaking of 9 of 21

Both parties to file and serve copies of their Preliminary conference Brief
[Rule 29, 2010 PET Rules] Filed on 16 June 2017

Compliance Period (per PET rules)

Should be done at least 5 days before the scheduled preliminary conference

Actual Date of Compliance

16 Jun 2017

Done

Remarks

On 25 April 2017 the PET issued a Notice requiring both parties to file their respective Preliminary Conference Briefs at least 5 days before the 21 June 2017 conference or until 16 June 2017.

On 6 June 2017 the PET issued a Notice directing the parties to submit their Preliminary Conference Briefs on or before 16 June 2017, despite the resetting of the preliminary conference to 11 July 2017.

Deadline

11 July 2017

Undertaking of 10 of 21

Compliance Period (per PET rules)

As specified in the Preliminary Conference Order or as scheduled by the PET

Actual Date of Compliance

11 July 2017

Done

Remarks

On 6 June 2017 the PET issued a Notice resetting the preliminary conference from 21 June 2017 to 11 July 2017 at 2 p.m.

Deadline

2 April 2018

Undertaking of 11 of 21

Conduct manual recount and/ or judicial revision of votes
[Rule 38 and 41, 2010 PET Rules]
Conducted on 2 April 2018

Compliance Period (per PET rules)

As specified in the Preliminary Conference or as scheduled by the PET

Actual Date of Compliance

2 April 2018 to 8 Febraury 2019 - On 4 March 2019, revision from clustered precinct #30 in Nabua, Camarines Sur was conducted. On 5 March 2019, the Manual recount of ballots in the 3 pilot provinces of BBM have been completed.

Done

Remarks

Rule 65 of the 2010 PET Rules states:

“RULE 65. Dismissal; when proper. – The Tribunal may require the protestant or counter-protestant to indicate, within a fixed period, the province or provinces numbering not more than three, best exemplifying the frauds or irregularities alleged in his petition; and the revision of ballots and reception of evidence will begin with such provinces. If upon examination of such ballots and proof, and after making reasonable allowances, the Tribunal is convinced that, taking all circumstances into account, the protestant or counter- protestant will most probably fail to make out his case, the protest may forthwith be dismissed, without further consideration of the other provinces mentioned in the protest.

The preceding paragraph shall also apply when the election protest involves correction of manifest errors.”

Deadline

N/A

Undertaking of 12 of 21

Compliance Period (per PET rules)

Should be accomplished within 7 days from the termination of revision

Actual Date of Compliance

8 February 2019

Done

Deadline

N/A

Undertaking of 13 of 21

Both parties to file their Motion for technical examination
[Rule 46, 2010 PET Rules] N/A

Compliance Period (per PET rules)

Should be filed within 5 days after the completion of the revision of votes

Actual Date of Compliance

Not followed

Done

Remarks

BBM filed his Motion for Technical Examination on 10 July 2017, asking the PET to immediately direct the conduct of technical examination and forensic investigation of the voters’ signature appearing on the Election Day Computerized Voters List (EDCVL) as against the Voter’s Registration Record (VRR) in each of the 2,756 clustered precincts of Basilan, Lanao del Sur, and Maguindanao.

The above Motion is different from the examination conducted under Rule 46, which pertains to the examination of ballots and election returns in support of objections made in the course of the revision of votes

(click here to see the 10 July 2017 Motion from BBM)

Deadline

N/A

Undertaking of 14 of 21

Preliminary Conference for Reception of the evidence
[Rule 56, 2010 PET Rules] Not followed : the Motions were not granted by the Court

Compliance Period (per PET rules)

Scheduled by the PET

Actual Date of Compliance

Not followed

Done

Remarks

In a press conference on 10 September 2019, Atty. Brian Keth Hosaka, Supreme Court Public Information Officer Chief, told members of the media that the recount and revision of BBM’s pilot provinces have been concluded and that the member-in-charge of the case, Justice Caguioa, already submitted a report on the results of the revision. However, he stated that “the tribunal has not taken any action yet on the said report”.

The Supreme Court also released a Media Briefer reiterating its statement.

(click here to see the 10 September 2019 SC Media Briefer)

Deadline

N/A

Undertaking of 15 of 21

Both parties to submit additional affidavits of witness
[Rule 57, 2010 PET Rules] N/A

Compliance Period (per PET rules)

Should be done not later than 5 days after the termination of the preliminary conference for the reception of evidence

Actual Date of Compliance

Not followed

Done

Remarks

In a press conference on 15 October 2019, Atty. Brian Keith Hosaka, Supreme Court Public Information Officer Chief, told members of the media that the PET decided to release the results of the revision and recount of ballots in BBM’s 3 pilot provinces. In addition, the Tribunal also required BBM and Robredo to submit a Memorandum on various issues relating to BBM’s third cause of action, which is the Annulment of election results in Basilan, Lanao del Sur and Maguindanao within 20 days from receipt of Notice.

(click here to see the 15 Ocober 2019 SC Media Briefer)

Deadline

N/A

Undertaking of 16 of 21

Compliance Period (per PET rules)

Scheduled by the Hearing Commissioner

Actual Date of Compliance

Not followed

Done

Remarks

On 16 February 2021, the PET issued a Press Briefer stating that “the 15 members of the Presidential Electoral Tribunal unanimously dismissed the entire protest” for lack of merit. The briefer likewise said that Robredo’s counter-protest was dismissed.

BBM is waiting for the copy of the tribunal’s Resolution.

(click here to see the 16 February 2021 SC Media Briefer)

Deadline

N/A

Undertaking of 17 of 21

Compliance Period (per PET rules)

Scheduled by the Hearing Commissioner

Actual Date of Compliance

Not followed

Done

Remarks

On 16 February 2021, the PET issued a Press Briefer stating that “the 15 members of the Presidential Electoral Tribunal unanimously dismissed the entire protest” for lack of merit. The briefer likewise said that Robredo’s counter-protest was dismissed.
BBM is waiting for the copy of the tribunal’s Resolution.

(click here to see the 16 February 2021 SC Media Briefer)

Deadline

N/A

Compliance Period (per PET rules)

Should be filed within 20 days from receipt of the PET’s ruling on the last offer of evidence of the Protestee

Actual Date of Compliance

Not followed

Done

Remarks

On 16 February 2021, the PET issued a Press Briefer stating that “the 15 members of the Presidential Electoral Tribunal unanimously dismissed the entire protest” for lack of merit. The briefer likewise said that Robredo’s counter-protest was dismissed.
BBM is waiting for the copy of the tribunal’s Resolution.

(click here to see the 16 February 2021 SC Media Briefer)

Deadline

N/A

Undertaking of 19 of 21

Both parties to file their respective Supplemental or Rebuttal Memoranda
[Rule 64, 2010 PET Rules] N/A

Compliance Period (per PET rules)

Discretionary upon the PET

Actual Date of Compliance

Not followed

Done

Remarks

On 16 February 2021, the PET issued a Press Briefer stating that “the 15 members of the Presidential Electoral Tribunal unanimously dismissed the entire protest” for lack of merit. The briefer likewise said that Robredo’s counter-protest was dismissed.
BBM is waiting for the copy of the tribunal’s Resolution.

(click here to see the 16 February 2021 SC Media Briefer)

Deadline

Compliance Period (per PET rules)

Discretionary upon the PET

Actual Date of Compliance

Done

Deadline

Undertaking of 21 of 21

Filing of Motion for Reconsideration
[Rule 69, 2010 PET Rules] Filed on 10 May 2021

Compliance Period (per PET rules)

Should be filed within 10 days from receipt of the adverse decision / resolution

Actual Date of Compliance

Done