VP Robredo asks PET to disregard SolGen’s position on vote threshold

The camp of Vice President Leni Robredo asked the Supreme Court sitting as Presidential Electoral Tribunal (PET) to disregard position of the Office of the Solicitor General (OSG) that the 50 percent threshold in determining the valid votes during the 2016 elections should be maintained.

Robredo aired her concern in a 13-page manifestation dated July 13 but made public only on Monday through her lawyer Atty. Romulo Macalintal.

The Vice President said the OSG, through Solicitor General Jose Calida, is not privy to the threshold shading issue.

Macalintal said taking the OSG’s position would “erode the very foundation of our democracy.”

Calida was supposed to represent the Commission on Elections (Comelec) position that the 25 percent threshold should be followed instead of the 50 percent.

However, the OSG, in its comment agreed with the camp of former senator Ferdinand “Bongbong” Marcos on the 50 percent threshold issue.

The OSG also asked the PET to order the Comelec to submit its own comment through its legal department.

OSG not present during recount

Macalintal said “in no instance has OSG, any of its representatives and/or lawyers, attended and observed the ongoing revision, recount, and re-appreciation of ballots.”

“Thus, the OSG has no basis to once more make a reckless conclusion that the application of the 50 percent shading threshold does not disenfranchise the voters. In making its reckless conclusion, the OSG has revealed to the Honorable Tribunal its lack of knowledge on the ongoing revision, recount and re-appreciation of ballots,” Macalintal said.

He admitted that there are voters who disregarded the reminders of the Comelec to fully shade the oval beside the name of the candidates of their choice.

However, Macalintal pointed out that the vote counting machines still read and counted the votes cast, adding that disregarding valid votes will result in a massive disenfranchisement of voters.

OSG shouldn’t be used by losing candidates

Macalintal said the OSG must not be used as a venue by losing candidates to disregard the sovereign will of the electorate by applying different rules from those adopted and used during elections by the poll body.

Macalintal noted that PET has affirmed that the OSG may take a position adverse and contrary to that of the government. Calida pointed this in his comment when he cited the decision on the Pimentel vs Comelec.

However, Macalintal said the present case is different because the Comelec has yet to formally submit its comment.

Marcos has already opposed Robredo’s motion and asked the PET to dismiss her plea and stand by its April 10 ruling.

He argued there was “no categorical declaration” in Comelec Resolution No. 16-0600 that the 25-percent shading threshold was adopted by the poll body “during the judicial recount and revision of ballots in election protest.”    — with Micah Yurielle P. Atienza/INQUIRER.NET Intern

/vvp