Robredo lawyers say OSG ‘delaying’ resolution of shading threshold issue

The camp of Vice President Leni Robredo has called out government lawyers for "delaying" an awaited decision on the application of a lowered standard in determining the validity of votes being recounted within Supreme Court (SC) walls.

In a June 29 court filing, Robredo's counsel "vehemently opposed" the Office of the Solicitor General's (OSG) third motion for deadline extension to file their comment on her appeal seeking a 25-percent shading threshold in deeming which contested votes will be counted.

They also asked that Robredo's appeal for the application of the threshold be granted even without the comment of the OSG, which represents the Commission on Elections (Comelec).

Robredo's victory in the 2016 polls is being challenged by former senator Ferdinand "Bongbong" Marcos Jr., whom she defeated by over 250,000 votes.

The recount process, directed and spearheaded by the SC sitting as the Presidential Electoral Tribunal (PET), is part of his formal protest.

The PET currently applies a 50-percent threshold, having junked Robredo's first attempt at lowering the standard to match the one her lawyers claim was applied during the election itself, sparking fears of voter disenfranchisement.

Robredo filed a motion for reconsideration, which the PET directed Marcos and the Comelec to answer. Marcos has submitted his comment.

The OSG was originally supposed to have filed its comment to Robredo's appeal 10 days after May 17, the opposition said.

But it asked for a 15-day extension on May 28. On June 11, it asked for another 15 days, or until June 26. On that day, the office asked for 15 more, the court pleading added.

"The continued failure of the OSG to submit the comment for and in behalf of Comelec has resulted to (sic) a delay in the disposition of the Urgent Motion for Reconsideration," the filing stated.

Robredo's lawyers argued that the issue of the appeal only involves an administrative matter concerning the Comelec's expertise on election laws and regulations, and does not concern a "legal controversy."

There is then "no compelling reason" why the OSG, in behalf of the Comelec, should be given more than the rule-provided 10 days to answer the appeal, the five-page filing said.

"Hence, this vehement opposition to the third motion for extension of time filed by the Solicitor General since it would already total to a whopping 40 days period to file said comment and protestee's motion that the said threshold issue be now resolved even without the said comment of the Comelec and/or the Solicitor General," the pleading stated. —KBK, GMA News