• Marcos camp cries foul over protest case delay

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    5 MONTHS Lawyer Vic Rodriguez files a response before the Supreme Court on behalf of former senator Ferdinand ‘Bongbong’ Marcos Jr. PHOTO BY RENE H. DILAN

    THE election protest of former senator Ferdinand “Bongbong” Marcos Jr. against Vice President Maria Leonor “Leni” Robredo has been stalled for five months, and the former accused the latter on Monday of resorting to delaying tactics to prevent the “truth” that the May 2016 vice presidential race was rigged.

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    Robredo is opposing Marcos’ motion to hold a preliminary conference on the case at the Supreme Court sitting as the Presidential Electoral Tribunal (PET), despite rules mandating such after the filing of the last pleading on September 9, 2016.

    “To date, more than five (5) months have lapsed since the filing of the Answer Ad Cautelam to the Counter-Protest, the last pleading in this case. It thus behooves this Honorable Tribunal to immediately schedule the conduct of the Preliminary Conference in this case as mandated by its own Rules of Procedure,” the Marcos camp said in a 10-page reply to Robredo’s opposition to a preliminary conference.

    During the election protest of former Interior secretary Manuel Roxas 2nd following the 2010 vice presidential race, it took the PET only two months after the case was filed to schedule a preliminary conference, it noted.

    The Marcos camp said Robredo’s argument that pending issues needed to be resolved first by the tribunal was misleading since the Supreme Court itself had ruled that in election cases, such proceedings could move independently of each other.

    “In a long line of decided cases, the Supreme Court has held that in an election protest, different causes of action can proceed independently of each other. This is because the sovereign will of the people is the core issue in an election protest. Thus, the purpose of a preliminary conference is precisely to avoid unnecessary delays and speed up the process so that the people’s voice will be heard,” Marcos lawyer George Garcia stressed.

    Garcia said the preliminary conference will tackle issues such as the unused secure digital or SD cards found to have data, diagnostics and shutting down of the server at the Commission on Elections (Comelec) warehouse in Santa Rosa, Laguna and other procedural matters.

    “The conduct of the Preliminary Conference cannot be stifled by the pending incidents in this case. To rule otherwise will open the floodgates to abuses by incumbent protestees who will conveniently file flimsy and dilatory motions in order to drag the proceedings in an election protest. Protracted delays in the resolution of electoral contest cases will only benefit protestees like Robredo – at the expense of the electorate,” Garcia said.

    “If Robredo has nothing to hide, why does she keep trying to delay the proceedings? What is there to fear about a simple preliminary conference?” he added.

    Garcia also accused the Robredo camp of raising issues that were either moot and academic or were not prejudicial to the conduct of the preliminary conference.

    For instance, Robredo raised Marcos’ previous opposition to the stripping of vote-counting machines, an issue that has become moot and academic because the stripping and backup had already commenced.

    “By not taking care of the servers and other hardware in its Santa Rosa, Laguna warehouse, the Comelec was grossly remiss in its duty to protect the public interest. Why should protestant Marcos be punished for this?” he said.

    Marcos, who lost the vice presidential race by only 263,473 votes, accused Robredo of benefiting from “massive electoral fraud, anomalies and irregularities” such as preshading of ballots, pre-loaded SD cards, misreading of ballots, malfunction “abnormally high” unaccounted votes or “undervotes.”

    Protest ‘faulty’

    Robredo on Monday again asked the Supreme Court to dismiss what her camp described as a faulty election protest lodged by Marcos.

    Lawyer Romulo Macalintal, in a 22-page motion for reconsideration on the Supreme Court’s decision finding Marcos’ protest sufficient in form and substance, argued that the case should be dismissed. The former senator, he pointed out, is questioning poll results in 662 municipalities and component cities and 2,537 clustered precincts from five highly urbanized cities, but made a detailed accusation of fraud in only 57 municipalities using affidavits of various individuals, some of whom have backed out or denied executing the affidavits.

    Macalintal cited Myra Nacalaban Laude of Lapu-Lapu City, Cebu who denied signing an affidavit supporting Marcos’ claim of poll fraud. Moreover, witnesses of the Marcos camp were fake based on verification efforts by Robredo supporters, he said.

    “Marcos did not specifically point to poll irregularities in said 662 municipalities and component cities. He only presented affidavits concerning 57 municipalities and component cities. What is it, really?” Macalintal said.
    PET rules require “detailed specification of the acts or omissions complained of showing the electoral frauds, anomalies, or irregularities in the protested precincts,” the Robredo camp said.

    WITH A REPORT FROM LLANESCA T. PANTI

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    16 Comments

    1. Felicitas Manasseh on

      Dun s Matinong Pinoy. If you want to believe n walang dayaang nangyari nung eleksyon you are entitled to your opinion. My point is, for those so called intellectuals, dapat makipagtulungan c Ms Robredo s recount pra mapatunayan nya n cya ang tunay n halal ng bayan at hindi hangal ng bayan. Kya walang respeto s kanya dahil maraming naniniwala n ninakaw nya sa gitna ng madaling araw ang boto ng bansa. Of course ung mga bumoto s kanya ok lang ang delaying tactics dahil alsm nla ang magiging outcome ng recount .

    2. Kung panay delay ang ginagawa ng Leni Camp sa election protest, Irelease na agad ang 5 parts ng #NagaLeaks at makasuhan na si Leni. The more she stay in the government the more rotten smell she will be like.

    3. Nancy Rimarim on

      It is time to impeach the Chief Justice of the Supreme Court. This time there are valid grounds for impeachment, unlike the impeachment of the late Chief Justice Corona.The Chief Justice is delaying these proceedings and denying justice to the millions of people whose votes were stolen.

      • Correct…change the chief of justice.. The voices of the Filipino citizens should be heard and not the corrupt officials..people are aware of the fraud election happening s but yet they still choose to ignore the evidences presented by the BBM camp.

    4. The Supreme Court sitting as PET should know that the public of this times are no longer is sleeping and are now impatient of this case. Let’s start the counting and see who really won. Why the delays?

    5. As it stands right now, Marcos’ camp still needs to come up with a strong and specific evidence before they can convince the PET to initiate a preliminary conference. Most of Marcos followers, do not possess the mental capacity to understand on how the justice system works, insist on what they think and what they believe or what it should have been.. General accusations without any specifics will not stand, such as massive vote buying or data found on the reserve VCM or pre shading on the voter ballots. Robredo’s lawyers brought to the attention of the Tribunal and it seems like the PET agrees.

      • Felicitas Manasseh on

        Excuse me mister know all just incase your genius failed to understant,according to PET, Bongbong Marcos presented  substantial evidence to call for a recount but lo and behold, the ” Thief  in the dark” queen of the Liberals is enjoying her role as a brain dead mouthpiece for her party too much she decided  to do everything she can to delay the recount. Since 1986 nasanay n mga yan to take what is not legally  theirs and then  magmamalinis cla n pra bang tama s mata ng DIYOS ang ginawa nla prs s kapakanan ng bayan. No respect  for the law. Pakapalan lang nman ng mukha ang mga yan at s partido nla ,ang mga biyuda ang pinakamakapal ang mukha but the yellow submarine is sinking  fast. Not only sinking  but stinking  as well.

      • matino na pinoy on

        To you Felicitas dyan sa ibaba, I am not surprise at all, and it seems that all of you, die hard Marcos followers are lacking knowledge to understand on what you are reading because in January 24, the Supreme Court, sitting as PET ruled that Marcos’ protest is “sufficient in form and substance”. This does not mean that Marcos’ protest have sufficient evidence. Maawatam kadi met laeng aya? Nakapuy dagita utek yo, appo!

    6. sadya ang delay !!!!

      may justice pa ba sa Pilipinas???

      sige meltdown na lang sana ang buong Pilipias, naway malunod na ito sa dagat kaysa tayo ay apihin ng mga so called justices at self righteous yellows

    7. The Great Defiant on

      BM as VP is unthinkable to abnOY…
      for it is the beginning of the real nuclear meltdown of abnOY’s power bank..

    8. It seems like Marcos’ camp have thrown everything on the wall and see what will stick, and most likely, they will work from there if something sticks. However, There are no specifics in their complaints, and still on fishing expedition, hoping for a catch something big. It is absolutely true that the PET has the legal obligations to push through or schedule preliminary conference expeditiously after filing the case, but it seems like the PET is hesitant to start anything because there are NO specifics. I think, that if there is no third element involved called money, the PET will rule against Marcos. Filipinos are aware that favorable rulings always go to whoever have the mighty element called money.

      • Allen Llamar on

        Too much blah and excuses on your side…. something to hide? let`s start counting the votes ASAP…

      • Blowing too much hot air and cannot reason out in a logical or realistic way? That tells me that all you got is arrogance, and no brain at all. If you want to join the league of fairly balanced people, try to offer something that make sense, but if you do not have the intellectual capacity to do it, just don’t do it because you are only embarrassing yourself and showing everybody how dumb you are. Also, comment on the article, not the one making a comment.

    9. The liberal party want to delay the case, Comelec wants to delay the case as well.
      If a investigation was conducted then massive election fraud would be revealed.

      Can’t have the truth or fair elections in the Philippines.