Vice President Robredo lawyer says Marcos must pay P185M for poll protest - Our Daily Revelations PH

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Vice President Robredo lawyer says Marcos must pay P185M for poll protest

MANIFESTATION. Vice President Leni Robredo's lawyer Romulo Macalintal files a manifestation before the Supreme Court, which had ordered their camp to pay P15 million as fee for the recount. Photo by Patty Pasion/Rappler
PRESENTATION.Vice President Leni Robredo's lawyer Romulo Macalintal files a manifestation before the Supreme Court, which had ordered their camp to pay P15 million as fee for the recount. -Photo credit to owner
Veteran election lawyer Romulo Macalintal said Monday, April 17, that former senator Ferdinand Marcos should pay P185 million, not just P66 million, in order for his election protest against Vice President Leni Robredo to proceed.

Atty. Romulo B. Macalintal is one of the very few election law practitioners in the country. 
Macalintal, Robredo's lawyer, explained that Marcos' protest covers the entire election system since he questioned the integrity and reliability of the vote-counting machines (VCMs) and storage devices in 92,509 clustered precincts, which consist of 369,138 established precincts.
Robredo's legal team stressed that in Marcos' previous motion granted by the Supreme Court (SC), he asked for the protection of all VCMs, consolidating canvass system units, and SD cards in all precincts.

If some can remember, Marcos urged PET to order the immediate collection, retrieval, transport and delivery of ballot boxes from all 36,465 clustered precincts during the May 9, 2016 elections and to proceed with the preliminary conference.

Robredo defeated Marcos by around 200,000 votes last 2016 May elections.  After Robredo’s proclamation, the Marcos camp filed a protest and called for a recount, claiming voting irregularities in 662 poll precincts.
"That's his total obligation in his protest. While he said that he is contesting 36,000 precincts, what he's actually contesting is the entire clustered precincts, 92,000, that functioned during the 2016 election," said Macalintal as he gave reporters a summary of their camp's manifestation filed last April 12.
The manifestation was submitted before the SC, sitting as the Presidential Electoral Tribunal (PET), after it ordered Marcos and Robredo to pay P66 million and P15 million, respectively, as fee for the recount of the ballots being contested.
Both camps were given until Monday to settle the first tranche of the payment and until July 14 to pay the balance.
In his election case against Robredo, Marcos is questioning over 39,221 clustered precincts, composed of 132,446 established precincts. While he is only seeking a recount for 36,465 clustered precincts, the PET ordered him to pay for the established precincts he is questioning.
In Robredo's counter-protest, meanwhile, she is contesting 8,042 clustered precincts, consisting of 31,278 established precincts.


And Mr. Marcos is no hero," said Robredo... the burial, citing the late dictator's military records during World War II. ... Robredo said the Marcos family has yet to admit that these atrocities happened.

It is not the political war that started after the final voting, but it was the statement of the Vice President that triggered the past dictatorial leadership of his Ferdinand Marcos's father. 
Marcos' lawyer Vic Rodriguez said they filed a motion for reconsideration last week, asking the court to compute for the clustered precincts being contested and not the established precincts.
Marcos' motion for reconsideration and Robredo's manifestation led to the suspension of the Monday deadline as the PET has yet to settle the issues raised.
Robredo's lawyers also argued that Marcos' protest caused the delay in the return of the VCMs leased by service provider Smartmatic to the Commission on Elections (Comelec). This incurred a P2.1-billion fee for the Comelec for failure to return on time.
Robredo's camp has asked the SC to instruct the Comelec to provide an itemized list of expenses stemming from the delay in the return of the VCMs.
The camp of Vice President Leni Robredo is asking former vice presidential candidate and Sen. Ferdinand “Bongbong” Marcos Jr. to pay P185 million for all the clustered precincts covered by his election protest.
At a press briefing on Monday morning, Robredo’s election lawyer, Romulo Macalintal, said the Marcos camp should not only pay cash deposits of P66 million for the 36,465 clustered precincts but for all the 92,509 clustered precincts covered by the latter’s poll protest.

The Robredo camp’s call came after the Supreme Court sitting as the Presidential Electoral Tribunal (PET) ordered Marcos to pay P66 million as cash for the bringing of the contested ballots and election documents  from established precincts to the tribunal.
On the other hand, the resolution dated March 21, also asked Robredo to pay P15.4 million as cash deposit for her counter protest covering 31,278 clustered precincts.
Marcos earlier filed a protest questioning the integrity and reliability of the Vote Counting Machines (VCMs), Consolidating Canvass System (CCS) units, secure digital (SD) cards and other storage devices used for the 92,509 clustered precincts during the May 9, 2016 local and national elections. He called this protest his “First Cause of Action.”
Macalintal also countered the PET’s computation saying that if every party shall pay P500 per established precinct, the total assessment for Marcos should be P185 million since his protest covers 369,138 established precincts. The latter's number of established precincts was based on the projected total number of precincts released by the Commission on Elections (Comelec) in the 2016 polls.
The poll lawyers of Robredo also said that Marcos, upon filing his election protest, asked the PET to issue a precautionary protection order over the ballot boxes, election documents, paraphernalia such as VCMs, CCS units, SD cards and other storage devices in all the clustered precincts.

'Marcos must pay first'

Also included in Robredo's manifestation is her lawyers' argument that the Vice President should only pay for the required amount after Marcos has proven that there is sufficient basis in his protest by initiating the recount of the first batch of ballots.
Macalintal said that under the PET rules, the "initial reception of evidence" will proceed when the Marcos camp identifies 3 provinces where they could recover reports of poll fraud.
"Pag nabuksan [ang balota sa] tatlong probinsya, saka pa lamang pag-uusapan kung matutuloy ang pagbabayad," said Macalintal.
Recount Takes 180 Days Once Preliminary Conference Order Proceeding is Set in ... Rule 65 says that either camp is required to present at most 3 provinces. SOUTHERN, WESTERN & NORTH-WESTERN PROVINCE
"Mr Marcos should first prove that they will be able to recover votes. He should first deposit the money and have the ballots opened for us to see that his protest has basis. Because why would we deposit P15 million but in the end, nothing will happen?" he said in a mix of English and Filipino.
The lawyer also highlighted that the payment of the PET fee, at P500 per precinct, is just the tip of the iceberg. Those involved in the case should also pay the revisors at least P1,500 each. Each revising team is composed of 3 revisors – a representative of the PET, and representatives from two contending camps.
Macalintal said this will cost both Marcos and Robredo another P775 million each for the whole duration of the protest.
Marcos, who lost the vice presidential race to Robredo by 263,473 votes, accused Robredo and the Liberal Party of orchestrating massive fraud in the May 2016 elections. His protest was filed in June last year.
‘No evidence yet’
Macalintal clarified that Robredo’s camp is not taking for granted its obligations to the court but asked why they should pay cash deposits first when there are no evidence present yet. He and another lawyer, Maria Bernadette Sardillo, already filed this manifestation with the PET last April 12, 2017.
Robredo’s camp assured the public that it is willing to comply with the payment of cash deposit but added that the vice president still has a pending Motion for Reconsideration regarding the sufficiency in form and substance of Marcos’ protest.
“Kailangan patunayan muna ni Mr. Marcos na talagang meron po siyang ma-rerecover na mga boto. Kailangan siya muna ang magpa-deposit, siya muna ang magpa-bukas ng mga balota at makita natin kung talagang may basehan ang kanyang protesta,” Macalintal said.
“E bakit kami magde-deposit ng P15- million pero pagkatapos naman pala ay wala naming mangyayari? So iyan ang hinihingi naming sa Korte Suprema,” he added.
According to reports, electronic voting company Smartmatic is asking the Comelec to pay P2.1 billion for failing to return the VCMs on December 2016, its deadline. These VCMs were not returned to the voting company due to Marcos’ poll protest.
Meanwhile, Macalintal said it would take around 740 days before the 36,465 clustered precincts will be reviewed. “Wala kaming idea kung kalian matatapos ito,” he said of the protest.

See related stories: LENI DARES "BBM" FOR A RECOUNT

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Credits: News/ Rappler, Philstar
Vice President Robredo lawyer says Marcos must pay P185M for poll protest Reviewed by Unknown on April 17, 2017 Rating: 5 PRESENTATION.Vice President Leni Robredo's lawyer Romulo Macalintal files a manifestation before the Supreme Court, which had ordered ...

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