The Presidential Electoral Tribunal (PET) ruling that dismissed the poll protest lodged by former senator Ferdinand Marcos Jr. “upheld and sustained the legitimate assumption and reign” by Vice President Leni Robredo, her lead lawyer said on Thursday, April 22.
In a statement, Robredo’s lawyer Romulo Macalintal noted the “dispositive portion” of a decision was the final order or judgment by the court.
“Its dispositive portion clearly and unequivocally stated that the PET ‘dismisses the Election Protest by Protestant Ferdinand Bongbong R. Marcos, Jr. for lack of merit,’” Macalintal said.
The Supreme Court, acting as PET, which released on Tuesday a full copy of its ruling, had dismissed the case because Marcos was not able to justify an annulment of elections in the three Mindanao provinces—Lanao del Sur, Basilan, and Maguindanao—which was his third cause of action in his poll protest.
According to PET, the vice president would have still led by as much as 15,130 votes even without the votes from the three provinces in Mindanao.
“To allow Marcos to present new evidence for annulment of the election in the three provinces of Basilan, Maguindanao and Lanao del Sur will surely violate the mandatory ceiling of ‘not more than three pilot provinces’ as mandated by Rule 65,” Macalintal said.
READ: https://mb.com.ph/2021/02/16/sc-upholds-vp-robredos-win/
Under PET Rule 65, the Tribunal may dismiss an election protest if it finds that the protestant will “most probably fail to make out his case” based on the ballot examination in the pilot provinces.
PET Rule 65, which mandates that the protestant “make out his case” by establishing “any substantial recovery in his pilot provinces.”
The manual recount done by PET increased Robredo’s lead over Marcos by more than 15,000 votes in Camarines Sur, Negros Oriental, and Iloilo. She beat Marcos by 263,473 votes in the 2016 elections.
Macalintal cited the ruling “totally erased any legal obstacles to her right to perform the duties and responsibilities of that office.”
“It was a total vindication from those unfounded and baseless attacks by her detractors who claim that her election was tainted with frauds and irregularities,” he added.
In its 93-page decision written by Associate Justice Marvic Leonen, the PET said that “there is prima facie showing that protestee would still maintain her lead even if we proceed with the third cause of action.”
The PET voted unanimously 15-0 to junk Marcos’ protest of electoral fraud, finally putting to rest the former senator’s allegations against Robredo.
“Like many roads leading to the same destination, the 15 members of the PET may have varying views and opinions on how certain issues should be resolved, but such differences did not in any way affect their unanimous conclusion that said protest should be dismissed for utter lack of merit,” Macalintal said.