‘SC decision big win for Marcos’

Hindi pa ho nagbabayad ng counter protest fee si Leni Robredo. So maari ding ma-dismiss ‘yung kanyang kaso,” according to the lawyer. #electroalprotest #BongbongMarcos #LeniRobredo

Atty. Vic Rodriguez said the Supreme Court's order goes against Vice President Leni Robredo's petition to dismiss former senator Ferdinand "Bongbong" Marcos' electoral protest.

The legal counsel of former Senator Ferdinand “Bongbong” Marcos on Friday said the decision of the Supreme Court to release the results of the initial recount of ballots in the May vice presidential election is a big win for his client.

Atty. Vic Rodriguez also said Vice President Leni Robredo’s counter protest on the vice presidential vote recount petition of Marcos may be dismissed because she has yet to pay the protest fee.

According to Rodriguez, Tuesday’s order of the SC as the Presidential Electoral Tribunal (PET) to release the results of the initial recount on the three pilot provinces chosen by Marcos in relation to his electoral protest was against Robredo’s motion to junk the electoral protest against her.

The Vice President maintained that the poll protest has no other course but to be dismissed, based on Rule 65 of the 2010 PET Rules because it would be seen in the report that Marcos had no substantial recovery.

Rule 65 of the PET Rules states that the tribunal may order the protestant to pick at most three provinces best exemplifying the frauds or irregularities alleged in the petition. If there is no substantial recovery in the pilot provinces, the protest may be dismissed without further consideration of the other provinces mentioned in the protest.

Rodriguez disputed Robredo’s claim that there is no substantial recovery and said the figure has yet to be released.

“Wala pa hong figure na lumalabas ang sinasabi nilang figure na lumalabas ay di umanong recovery ni Roberdo 15,000 at yung recovery ni Marcos na 5,000,” said Rodriguez.

“Hindi ko alam kung saan nanggaling figure na ‘yun. Magkaganoon pa man, hindi ba dapat kung meron kang 15,000 recovery at 5,000 recovery si Senator Marcos lalo tayong dapat magduda sapagkat hindi pala talaga reliable yung huling tally na ginamit ng National Board of Canvassers in proclaming the wrong winner last 2016 election for the vice president?” he said.

But if indeed true, Rodriguez said it is “substantial.”

“Kung sinasabi mong meron kang recovery, hindi ho ba substantial yung 15,000? Hindi ho ba substantial yung 5,000?”

Meanwhile, Rodriguez explained that according to the law, there are three grounds for the dismissal of an electoral protest.

“Sabi sa Rule 34 pagka di ka nagbayad ng karagdagang cash deposit the tribunal may dismiss your election protest or your counter protest. Hindi pa ho nagbabayad ng counter protest fee si Leni Robredo. So maari ding ma-dismiss ‘yung kanyang kaso,” he said.

Marcos’ camp earlier sought the dismissal of Robredo’s counter protest due to her failure to pay in full the protest fee but the only action that the Court did was to defer the payment, Rodriguez said.