BBM PROTEST TIMELINE
On 26 June 2016, BBM filed an election protest and cited 3 reasons why he (and not Robredo) should be proclaimed as the legitimate Vice President of the country.
> 1st reason - because the election results were rigged after Smartmatic tampered with the source code when they suddenly inserted the “enye” symbol for a deceased candidate at 7:20 in the evening on 16 May 2016 -- after 6% of the votes had already been transmitted and BBM was leading by a comfortable lead of almost 1 million votes.
- This was dismissed by the PET on 29 August 2017 (one year later) "for judicial economy and [for the] prompt disposition of the case"
> 2nd reason - because the official ballots did not reflect the true sentiments of the voters
- This was dismissed by the PET on 16 February 2021 (4 ½ years later) because based on the results of the recount in the 3 pilot provinces (Camarines Sur, Iloilo and Negros Occidental) BBM failed to prove that “it was possible for him to overcome Robredo’s lead”. The Court cited Rule 65 of the 2010 Rules of the Presidential Electoral Tribunal.
> 3rd reason - because massive election fraud occurred in the provinces of Basilan, Lanao del Sur and Maguindanao
- This was dismissed by the PET on 16 February 2021 (4 ½ years later) because BBM “cannot insist on the annulment of elections in the 3 provinces” since he “failed to make out his case through his designated pilot provinces.”
Below is a birds eye view on how and why an election protest involving the second highest position in the country took more than 4 years to be heard.
Filing of BBM’s election protest
Paid a cash deposit of Php 36,023,000.- [first installment] of cash deposit
Paid a cash deposit of Php 30,000,000.- [second installment]
Note: As required by the Presidential Election Tribunal [PET] BBM paid a total of Php 66,023,000.- for his election protest.
Filed a Motion for Technical Examination re Annulment of election results for the position of Vice President in the provinces of Basilan, Lanao del Sur and Maguindanao
PET Resolution – Dismissal of the First Cause of Action (Annulment of Robredo's proclamation due to shocking anomalies in Smartmatic’s Automated Election System) by the PET "for judicial economy and prompt disposition of the case"
Decryption of SD cards and printing of ballot images
Note: The decryption and printing activities lasted for 7 months or until 10 April 2018
Retrieval and collection of ballot boxes for the three pilot provinces of Camarines Sur, Iloilo and Negros Oriental
Note: The retrieval activity lasted for 8 months or until 22 September 2018
Revision of ballots for the three pilot provinces
Note: The revision activity lasted for 11 months or until 5 March 2019
Filed an Extremely Urgent Manifestation re: results of Sakur Tan's Motion for Technical Examination (for the 3rd Cause of Action)
PET Resolution – Deferred BBM's Motion for Technical Examination
PET Resolution – Lowering of the shading threshold to 25%
PET Resolution – BBM and Robredo were ordered to submit a Memoranda re: Revision and Appreciation results
PET Resolution – Tribunal "noted" the Memoranda
Filed Motion for Early Resolution of all Pending Incidents
PET Resolution – Tribunal "noted" BBM's Manifestation
PET Resolution – Both the Office of the Solicitor General [“OSG”] OSG and the Commission on elections [“COMELEC”] were asked to comment on whether the PET had the power to rule on the annulment of elections [BBM’s 3rd Cause of Action]; BBM and Robredo were required to submit their Replies on the said Comments
Comments from the OSG and COMELEC : both agencies agreed that the PET has jurisdiction over BBM's Third Cause of Action
Filed a Motion to inhibit Justice Leonen because of his bias and inaction over the election protest
OSG filed a Motion and agreed with BBM’s position that Associate Justice Leonen be inhibited
Filed Consolidated Reply
Robredo filed a Counter-Manifestation re: BBM's Motion to inhibit Leonen
PET Resolution – stern warning to the parties to strictly comply with the sub judice rule
PET Resolution – Tribunal "noted" the parties’ Consolidated Replies
PET Resolution which :
> Denied BBM's Motion to Inhibit Justice Leonen
> Noted without action the OSG's Motion to Inhibit Justice Leonen
> Noted Robredo's Counter-Manifestation to not inhibit Justice Leonen
SC Press Briefer was released :
> dismissing BBM's election protest in its entirety and
> dismissing Robredo's Counter-protest
Receipt of OSG's Motion for Reconsideration to Inhibit Justice Leonen
PET Resolution – denied the OSG's Motion for Reconsideration to Inhibit Justice Leonen
Receipt of Notice of Decision promulgated on 16 February 2021 which :
> dismissed BBM's election protest in its entirety and
> dismissed Robredo's Counter-protest
Filed a Motion for Reconsideration for the PET to allow him to present evidence on his Third Cause of Action : annulment of elections due to the massive electoral fraud that occurred in the provinces of Basilan, Lanao del Sur and Maguindanao.