PET junks Binay's bid for preliminary hearing on Roxas poll protest

The Presidential Electoral Tribunal has dismissed Vice President Jejomar Binay's request for a preliminary hearing on the election protest filed by his erstwhile rival, former Senator Manuel Roxas II. In a resolution dated August 31, the tribunal resolved to "deny the motion for preliminary hearing on affirmative defenses of protestee (Binay)." The PET is composed of the Supreme Court magistrates sitting en banc, with Chief Justice Renato Corona acting as ex-officio chair. The body resolves election protests in the president and vice-presidential race. On Thursday, SC administrator and spokesman Jose Midas Marquez said the dismissal of Binay's motion has nothing to do with the merits of his counter-protest against Roxas. (See: VP Binay asks PET to junk Roxas poll protest) Marquez explained that under PET rules, the tribunal holds a preliminary conference when all pleadings have been filed. Hence, a preliminary hearing will not be necessary. "The procedure here is after all pleadings have been filed, there will be a preliminary conference. So the tribunal simply denied this preliminary hearing because a preliminary conference will be held later," said Marquez at a news briefing. "The dismissal is merely a procedural matter. All these allegations can be heard or threshed out during the preliminary conference," he added. Roxas vs Binay Last July, Roxas asked the PET to void Binay's victory in the May 10, 2010 nationwide automated elections. Roxas asked the tribunal to account for three million null votes and other votes that were not counted during the national canvassing after the May 10 automated elections. He also asked for a thorough review of the automated elections system in light of the technical glitches encountered before, during, and after the elections. Roxas said there were 1,147 clustered precincts where he received 10 votes or less, 688 (or 60 percent) of which were from the Autonomous Region in Muslim Mindanao or ARMM. In the 688 ARMM clustered precincts, 328 were from Lanao del Sur, 251 from Maguindanao. There were likewise 305 clustered precincts where he received less than 1 percent votes of the total precinct turnout, and 204 clustered precincts where he received one or zero vote. Binay later countered Roxas' protest and said the former senator has no legal basis to seek the nullification of his (Binay's) proclamation as vice president. Binay also said it was he, not Roxas, who was cheated in the May 2010 polls. Comelec told to secure ballot boxes, election materials In a related development, the PET also granted Binay and Roxas' separate motions for a precautionary protection order to secure election paraphernalia in the elections. In an order dated August 31, the tribunal directed the Commission on Elections to "preserve and safeguard the integrity of the ballot boxes, their contents and keys, list of voters with voting records, books of voters and other documents and paraphernalia used in the May 2010 elections for the position of vice president of the Republic of the Philippines." The PET also ordered the Comelec to protect the integrity of the data starge devices containing electronic data that show proof of the results "in the contested 76,340 clustered precincts subject of the protest and counter-protest." — Sophia Dedace/RSJ/KBK, GMANews.TV