Philippine Supreme Court Resolutions > Year 2007 > October 2007 Resolutions > [PET CASE NO. 003 : October 17, 2007] LOREN B. LEGARDA, PROTESTANT, VERSUS NOLI L. DE CASTRO, PROTESTEE.:

LOREN B. LEGARDA, PROTESTANT, VERSUS NOLI L. DE CASTRO, PROTESTEE.

GREETINGS:

Atty. Sixto S. Brillantes, Jr. (x)
Counsel for Protestant
Suite 105-B, ECJ Building
Real St., Intramuros, Manila

Atty. Romulo B. Macalintal (x)
Counsel for Protestee
13 Cagayan Valley St.
Philamlife Village, Pamplona
Las Pi�as City

The Commission on Elections (x)
Intramuros, Manila

WHEREAS, a Joint and Urgent Manifestation and Motion dated October 16, 2007 was filed by counsels for the protestant and the protestee;

WHEREAS, in the said Joint and Urgent Manifestation and Motion the counsels for both parties stated that an agreement was forged by and between the said counsels, representing their clients and the COMELEC, En Banc, which states among other things that:

(a) Since the COMELEC is in need of additional ballot boxes for use in the forthcoming BARANGAY ELECTIONS, the COMELEC has offered to gather all the ballot boxes and their contents now in the possession and custody of the Hon. Tribunal from their current place of storage at the Supreme Court compound and deliver them to such places and areas where the COMELEC is in need of said ballot boxes;

(b) The protestant, with the conformity of the protestee, has agreed to accept the above offer of COMELEC, subject to the approval of the Hon. Tribunal; and further offered to COMELEC that she shall bear part of the costs of the gathering and retrieval by COMELEC, and for this purpose, has proposed to COMELEC that protestant shall remit to COMELEC any and all of her remaining cash deposit still with the Hon. Tribunal; and

(c) That because of COMELEC's urgent need for the said ballot boxes still in the Tribunal's possession and custody, the COMELEC would want to commence the gathering and retrieval of the same at the soonest possible time; and for this purpose, the COMELEC agrees to shoulder the costs of such immediate gathering and retrieval, without waiting for the release of protestant's cash deposit with the Hon. Tribunal, which could be effected later.

WHEREAS, in the said Joint and Urgent Manifestation and Motion the counsels for the protestant, the protestee, and the COMELEC pray that the Hon. Tribunal give its approval to the above agreement and allow and authorize COMELEC to immediately commence with the gathering/retrieval process of all ballot boxes and their contents from Cebu and Pampanga now in the custody and possession of the Tribunal; and the Tribunal to commence with the processing for the remittance of the cash deposit of protestant still with the Tribunal, for payment of the same direct to the COMELEC, as protestant's share in the costs of the COMELEC gathering process; and

WHEREAS, an Urgent Manifestation and Motion to Lift Ballot Box Preservation Order dated October 16, 2007 was filed by protestant Legarda praying that a Resolution be issued by the Hon. Tribunal formally lifting and dissolving the portion of its prior January 18, 2005 Resolution which directed the preservation and protection of the numerous ballot boxes and their contents then the subject of the protest/counter-protest.

NOW, THEREFORE, the Tribunal hereby (a) GRANTS the prayer of the above parties and the COMELEC in the Joint and Urgent Manifestation and Motion for the approval of their agreement; (b) ALLOW and AUTHORIZE the COMELEC to immediately commence with the gathering/retrieval process of all ballot boxes and their contents from Cebu and Pampanga now in the custody and possession of the Tribunal; (c) DIRECT the Fiscal Management and Budget Office of the Supreme Court to COMMENCE with the processing for the remittance of the cash deposit of protestant still with the Tribunal, for payment of the same direct to the COMELEC, as protestant's share in the costs of the COMELEC gathering process; and (d) GRANT the prayer of protestant Legarda to LIFT and DISSOLVE portion of the January 18, 2005 resolution relative to the preservation and protection of the numerous ballot boxes and their contents then subject of the protest/counter-protest.

GIVEN by authority of Chief Justice REYNATO S. PUNO, Chairman of the Presidential Electoral Tribunal, this 17th day of October 2007, in Manila, Philippines.