SC defers action on Marcos poll protest

The Supreme Court (SC) has deferred action on the election protest of former senator Ferdinand “BongBong” Marcos Jr. against Vice President Leni Robredo in the vice presidential race last May 9.

The case filed with the Presidential Electoral Tribunal (PET), composed of the 15 SC justices as members, was included in their regular session yesterday.

But the PET members decided to move to next Tuesday their discussions on Marcos’ protest.

According to an insider, two magistrates were on leave yesterday – Associate Justice Jose Mendoza and Chief Justice Ma. Lourdes Sereno, who is also chair of the tribunal.

It was earlier learned that the case has been raffled to Associate Justice Alfredo Benjamin Caguioa, last appointee of former president Benigno Aquino III, who is tasked to study the protest and submit recommendations for action of the PET.

Caguioa and Aquino were classmates from elementary to college at the Ateneo de Manila University.

Prior to his appointment to the SC last January, Caguioa was Aquino’s chief presidential legal counsel and then secretary of justice.

Aquino’s sister, popular actress Kris Aquino, was the top campaign contributor of Robredo in the polls.

In his protest, Marcos questioned the election results in 39,221 clustered precincts in 25 provinces and five cities all over the country involving some 9 mil- lion votes.

Marcos lost to Robredo by a slim margin of 263,473 votes in the final and official tally. He garnered 14,155,344 votes while Robredo got a total of 14,418,817.

He sought the nullification of about a million votes cast in three provinces – Lanao del Sur, Basilan and Maguindanao – over claims of massive cheating.

Marcos also asked the PET to order the reopening of ballots and manual recount of about eight million votes in 23 provinces and five cities.

The son and namesake of the late strongman Ferdinand Marcos sought the annulment of the proclamation of Robredo as vice president and his declaration as duly elected vice president.

Veteran poll lawyer Romulo Macalintal, counsel of Robredo, said yesterday that the PET is not expected to immediately act on the case.

“With due respect to the members of the Supreme Court constituting the PET that will hear and decide the election protest of former senator Ferdinand ‘Bongbong’ Marcos against Vice President Leni Robredo, the tribunal should first make a judicial determination as to whether or not Marcos’ protest is sufficient in form and substance to avoid unnecessary expenses by both parties,” he said in a statement.

Macalintal believes that the protest is not sufficient in substance and could be dismissed outright.