Bongbong protest vs. Leni should have been dismissed —Carpio, Caguioa dissents

Former Senator Ferdinand "Bongbong" Marcos failed to make substantial recovery in the three pilot provinces he chose for the manual recount in connection with his poll protest,  a source at the Supreme Court told GMA News Online.

The source added that dissenters in the decision Presidential Electoral Tribunal—Senior Associate Justice Antonio Carpio and Associate Justice Benjamin Caguioa—believed that Marcos' protest should already be dismissed.

The SC, sitting as the PET, on Tuesday ordered the release of the report on the results of a initial vote recount in Camarines Sur, Iloilo, and Negros Oriental, Marcos' pilot provinces.

The PET also ordered Marcos and Robredo to submit their memoranda on issues relating to Marcos' third cause of action: the annulment of 2016 election results for vice president in Lanao del Sur, Maguindanao, and Basilan.

Carpio and Caguioa had the same reason for dissenting, according to a source, who said they believed the protest "should have been dismissed since [Marcos] failed to make substantial recovery in the three pilot provinces."

Chief Justice Lucas Bersamin and Associate Justices Diosdado Peralta, Estela Perlas-Bernabe, Marvic Leonen, Andres Reyes, Jr., Alexander Gesmundo, Ramon Paul Hernando, Rosmari Carandang, Amy Lazaro-Javier, Henri Jean Paul Inting, and Rodil Zalameda formed the majority.

Associate Justice Jose Reyes, Jr. was not present during the Tuesday en banc session.

Under Rule 65 of the 2010 PET Rules, the tribunal may dismiss the case if it is convinced that the protestant or counter-protestant "will most probably fail to make out his case" on the basis of a revision of ballots and reception of evidence in the three pilot provinces.

Her lawyers have said that any deviation from Rule 65 will violate her right to due process.

Seeking the immediate resolution of the case, Robredo claimed last June that the results of the recount in the pilot provinces confirmed her election victory.

The PET called her motion "premature" and the figures her lawyers presented "merely speculative" the following month.

Marcos said that Robredo's win in the 2016 elections was a product of fraud.

He chose Camarines Sur, Iloilo, and Negros Oriental as the provinces that "best exemplify" alleged cheating in the polls.

Marcos also asked that the election results in Lanao del Sur, Basilan and Maguindanao be annulled because of alleged terrorism, violence, force, threats, intimidation, pre-shading of ballots, and vote substitution.

The SC will go on a decision writing period starting October 21 and will resume deliberations on November 4. Bersamin and Carpio would already be retired by then. —NB, GMA News