By Raymund Antonio

The lead lawyer of Vice President Leni Robredo said that former Senator Ferdinand Marcos Jr. is using the technical examination of ballots in three Mindanao provinces to “fish for evidence” in his election protest.

“Ang technical examination is dependent on the result of the three pilot provinces. Kapag hindi ka naka-prove doon sa three pilot provinces, dismissible ang kaso,” lawyer Romulo Macalintal told CNN Philippines’ The Source.

(The technical examination is dependent on the result of the three pilot provinces. If you were not able to prove it in the three pilot provinces, the case is dismissible.)

“You’re going to another three provinces. You are only fishing for evidence. Tama na naman iyan, kasi nagagastusan din naman ang aming kliyente. Mabuti kayo, marami kayong pera. Eh ang kliyente ko wala namang pera,” he added.

(You’re going to another three provinces. You are only fishing for evidence. That’s enough because our client would have to spend for this. It’s good for you that you have much money. But my client, she doesn’t have money.)

Macalintal was referring to the substantial recovery of votes that Marcos should obtain after the initial recount in the three pilot provinces—Camarines Sur, Iloilo, and Negros Oriental.

The Robredo camp has been insisting that, under Rule 65, the protest should be dismissed by the Supreme Court, acting as the Presidential Electoral Tribunal, if the recount results would be unable to show substantial recovery in favor of Marcos.

Under Rule 65 of the 2010 PET rules, “the protest may forthwith be dismissed, without further consideration of other provinces mentioned in the protest” if there was no substantial recovery in the areas that Marcos initially chose for his case.

The Tribunal, however, deferred ruling on the Marcos protest and instead ordered the release of the revision committee report on the results of the vice presidential recount.

The PET also ordered both parties to submit their respective memoranda in 20 days from receipt of notice on Marcos’ motion to annul the election results in the provinces of Lanao del Sur, Basilan, and Maguindanao.

Macalintal said if the PET allows the ballot examination in the three Mindanao provinces, this would further delay the resolution of the Marcos protest, contrary to Rule 65.

“Natapos na kami sa pilot, humihingi siya ng another three. Paano mangyayari kung wala na naman siyang makita sa another three? So pupunta na naman—hihingi na naman siya ng another three. Eh wala nang katapusan iyan,” he said.

(We are done with the pilot provinces, then he would ask for another three. What would happen if he did not see anything to another three? So he would go to the next. This will never be finished.)

“There is still always a cloud of doubt regarding the assumption to Office of the Vice President. That’s why we are really asking the PET to dismiss this case, to have a political stability in our country, to really confirm and affirm the fact that it was the Vice President who really won the election,” he stressed.