Ex-senator Marcos files plea in SC seeking preliminary conference on election protest vs. VP Robredo

Ex-senator Marcos files plea in SC seeking preliminary conference on election protest vs. VP Robredo (Photo: Ferdinand “Bongbong” Marcos Jr./ Facebook)

MANILA— Former Senator Ferdinand “Bongbong” Marcos Jr. on Thursday filed a motion to set for preliminary conference before the Supreme Court sitting as the Presidential Electoral Tribunal (PET) the case of his election protest against Vice President Maria Leonor ‘Leni’ Robredo.

Marcos legal counsel, Atty. Vic Rodriguez said that the two-page an ex parte motion to set the case for preliminary conference so that his electoral protest can now proceed.

”Today (Thursday), Senator Marcos presses on with his quest and march for truth with the filing of an ex-parte motion to set the case for preliminary conference. The motion is very important as we expect the PET to usually dispose of this incident with such dispatch and urgency so that the case will come into motion,” Rodriguez told reporters after filing the motion.

“The importance of our ex-parte motion ay para ho magtuloy-tuloy na yung pagdinig ng election protest at inaasahan po natin na maglalabas na rin sila ng kautusan upang magbigay ng takdang araw at panahon para gawin ang preliminary conference,” he added.

The lawyer said once the case is submitted for preliminary conference, then both parties will submit a preliminary conference brief.

A preliminary conference is set to consider and address the following issues: the possibility of obtaining stipulations or admissions of facts and documents to avoid unnecessary proof, the simplification of the issues, the limitation of the number of witnesses, the most expeditious manner for the retrieval of ballot boxes containing the ballots, election returns, certificates of canvass and other election documents involved in the election protest and other matters that may aid in the prompt disposition of the electoral protest.

Rodriguez said at present, the electoral protest of his client is at a standstill since the PET has yet to issue a date for the conduct of a preliminary conference.

“Hindi pa umuusad in a way na wala pa yung inaantay natin na kautusan para maganap ang preliminary conference. Ang preliminary conference kasi kapag ito ay maganap na, hindi na maaaring pigilin ang takbo ng election protest,” he added.

Based on the 2010 Rules of the PET, a preliminary conference is held after the last pleadings from the parties to the case have been submitted.

Rodriguez said the last pleading had been filed and served as early as September last year.

Marcos earlier said he decided to file the electoral protest due to the series of frauds, anomalies and irregularities that marred the May 9 elections and that such activities made sure he would lose to Robredo, the vice presidential candidate of the Liberal Party.

Marcos lost to Robredo by only 263,473 votes accused her of “massive electoral fraud, anomalies and irregularities” such as preshading of ballots, pre-loaded Secure Digital cards, misreading of ballots, malfunctioning VCMs, and an “abnormally high” unaccounted votes/undervotes for the position of VP.

Earlier, the PET has ordered the Commission on Elections (Comelec) to immediately conduct the Automated Election System Projecto closure/stripping activities for all the Vote Counting Machines (VCM) covered by the election protest of Marcos against Robredo.

In a PET resolution dated Nov. 8, 2016 but was released just recently, the high tribunal mandated the election court to fast track the stripping activities which were covered by the election protest.

“Authorize the Comelec and Smartmatic to immediately conduct the 2016 Automated Elections System Project closure/stripping activities for all the VCM and CCS Kits including the immediate disposal of the VCM external batteries, with prior notice to this Tribunal, the protestant and protestee and other interested persons,” the resolution reads.

The PET also ordered to “Direct the Comelec to allow the parties and representatives of the Tribunal to observe and comment during the conduct of the closure/stripping activities.”

Also the high tribunal also “Approve(d) the conduct of preliminary discussion between the Comelec and the counsel/watchers of the parties and the Tribunal on the protocol and procedures to be observed during the closure/stripping and backing up activities, including an ocular inspection of the Comelec’s warehouse in Sta. Rosa, Laguna where said activities will be conducted.”

The PET also ordered the modification of the “Precautionary Protection Order such that election materials and paraphernalia used in the May 2016 elections which do not contain election result dated, as listed in the letter of the Comelec.”

“Authorize the Comelec’s election records and Statistics Department to back-up the contents of the VCM SD cards of all municipalities, cities and provinces covered under the PPO.”