Case Digest (P.E.T. Case No. 005)
Facts:
The case involves an election protest filed by Ferdinand "Bongbong" R. Marcos, Jr. (protestant) against Maria Leonor "Leni Daang Matuwid" G. Robredo (protestee) concerning the results of the May 9, 2016 vice-presidential election in the Philippines. The protest was filed on June 29, 2016, after Robredo was proclaimed the duly elected Vice President by Congress on May 30, 2016, having received 14,418,817 votes against Marcos' 14,155,344 votes, resulting in a narrow margin of 263,473 votes. Marcos alleged that Robredo's proclamation was null and void due to the inauthenticity of the Certificates of Canvass (COCs) generated by the Consolidation and Canvass System (CCS) and claimed massive electoral fraud, including various irregularities such as vote-buying, intimidation, and malfunctioning vote counting machines. The Presidential Electoral Tribunal (PET) issued a Precautionary Protection Order on July 12, 2016, to safeguard the integrity of the ballo...
Case Digest (P.E.T. Case No. 005)
Facts:
Background of the Case
The case involves an election protest filed by Ferdinand "Bongbong" R. Marcos, Jr. (protestant) against Maria Leonor "Leni Daang Matuwid" G. Robredo (protestee) following the May 9, 2016 national and local elections. Robredo was proclaimed Vice President with 14,418,817 votes, while Marcos received 14,155,344 votes, resulting in a slim margin of 263,473 votes in favor of Robredo.
Protestant's Allegations
Marcos filed the protest on June 29, 2016, alleging two main causes of action:
- First Cause of Action: The Certificates of Canvass (COCs) generated by the Consolidation and Canvass System (CCS) were not authentic and could not be used to determine the true number of votes.
- Second Cause of Action: Massive electoral fraud, anomalies, and irregularities occurred, including terrorism, vote-buying, pre-shading of ballots, malfunctioning Vote Counting Machines (VCMs), and abnormally high undervotes.
Protestee's Response
Robredo filed a Verified Answer with Special and Affirmative Defenses and Counter-Protest, arguing that the protest lacked specificity and was a pre-proclamation controversy that should have been filed before the National Board of Canvassers. She also contested the election results in 7,547 clustered precincts across 13 provinces, alleging irregularities such as vote-buying and intimidation.
Tribunal's Initial Actions
The Presidential Electoral Tribunal (PET) issued a Precautionary Protection Order to safeguard election materials and confirmed its jurisdiction over the protest. It also found the protest sufficient in form and substance, denying Robredo's motion to dismiss.
Pilot Provinces and Revision of Ballots
The PET categorized Marcos' causes of action into:
- Annulment of Robredo's proclamation.
- Revision and recount of ballots in Camarines Sur, Iloilo, and Negros Oriental.
- Annulment of elections in Lanao del Sur, Maguindanao, and Basilan due to terrorism and fraud.
The PET dismissed the first cause of action, as it could only be resolved through a manual recount, which Marcos limited to his second and third causes of action. The revision of ballots in the pilot provinces commenced, with the results to determine whether the PET would proceed with the remaining contested precincts.
Issue:
- (Unlock)
Ruling:
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Ratio:
- Burden of Proof in Election Protests: An election protestant bears the heavy burden of clearly and specifically alleging, and then proving, the irregularities that led to a breakdown in the mechanisms for suffrage. Failure to meet this burden results in the dismissal of the protest.
- Specificity of Allegations: General allegations of electoral fraud and irregularities, without specific details or evidence, are insufficient to sustain an election protest.
- Annulment of Elections: Annulment of elections is an extreme remedy that requires clear and convincing evidence of fraud, terrorism, or irregularities that fundamentally compromised the election's integrity. Mere allegations or mathematical speculations are not enough.
- Pilot Testing in Election Protests: The use of pilot provinces to test the validity of allegations is a practical approach to determine whether further proceedings are warranted. If the pilot testing does not reveal significant discrepancies, the protest may be dismissed.