Marcos sent ‘wrong pleading’ for recount: Robredo counsel


MANILA — The camp of Vice President Leni Robredo said that former senator Ferdinand Marcos Jr. had sent the wrong pleading regarding the “joint motion” to be signed by both parties for the recount of the votes to immediately commence.
Lawyer Romulo Macalintal, Robredo’s counsel, said the former lawmaker should had sent and signed a “joint motion” and not a “joint manifestation”.

“A motion is a pleading where a party asks the court to grant him the relief or remedies or what he wants from the court. A manifestation is a pleading wherein the party merely makes a representation or statement, which the court may just take note of without any action at all,” he explained in a press briefing in Manila Wednesday.

Marcos was a no-show at the venue, where both parties were supposedly signing a “Joint Motion to withdraw any and all pending motions which may delay recount proceedings”.

Macalintal explained that in a case, the Supreme Court held that manifestations “are usually made merely for the information of the court. There is generally nothing to contest or argue; the manifesting party is just making a statement for the knowledge of the court. (See Neri v. Dela Pena, A.M. No. RTJ-05-1896, April 29, 2005.)”

“Despite his vaunted challenge to sign a ‘joint motion’, Marcos could only come up with a ‘manifestation’ without directly asking the PET to dismiss all pending motions, which may cause a delay in the recount of the ballots,” the election lawyer added.

He noted that “Marcos’ failure to sign a real joint motion is a clear indication that he was merely bluffing when he hurled the challenge to file a joint motion to dismiss all pending incidents, knowing full well that he (Marcos) is the one with pending motion which may affect the recount proceedings”.

“Records will show that it is only Marcos’ Partial Motion for Reconsideration of the PET’s resolution allowing Robredo to secure copies of the ballot images that is pending. Hence, we asked for its immediate dismissal in this Joint Motion,” Macalintal said.

At the same time, he challenged the former senator the correct “joint motion”, which the former prepared and signed on Wednesday. Robredo’s camp assured that they would be furnishing the other party a copy of the joint motion.

On Tuesday, Marcos signed a three-page joint manifestation, manifesting that both parties are “hereby withdrawing any and all motions and incidents that may unduly delay or hamper the revision proceedings in the PET Case No. 005”.

The recount is set to start on March 19.