Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 19
Pagadian City
-oOo-

FERDINAND S. LUBGUBAN, EPC No. 00041-2K19

MILAGROS D. BENITO, JIMBOY
C. MAULANA, and RUSSELL
C. TAN,
Protestants,

-versus-

FATIMA AMBAG, EDEN BALIMBINGAN,

RENE MONTAÑEZ, NESTOR RUIZ,
UNGGA TALUMPA, and SAMMY UNGAD
Protestees.
x---------------------------------------------------/

PRELIMINARY CONFERENCE BRIEF

FOR THE PROTESTANTS

PROTESTANTS, by the undersigned counsel, respectfully submit

their preliminary conference brief as follows:

A. ISSUES TO BE TRIED OR RESOLVED

1. Whether the number of votes garnered by the protestants and

protestees in the Election Returns (ERs) per contested clustered
precincts the same as in the manual recount of ballots due to the
questionable integrity of the counting machines that incurred
glitches and damaged SD cards during election day.

2. Whether the protestants be proclaimed winner based on the manual

recount of ballots.

3. Will the protestees be held liable for costs and damages in this
protest case.
 B. NECESSITY OR DESIRABILITY OF AMENDMENTS TO THE
PLEADINGS

None at the moment, except as to matters of form.

C. SUMMARY OF ADMITTED FACTS

1. Protestants and protestees are candidates vying for the position of

Sangguniang Bayan Member in the Municipality of Labangan,
Zamboanga del Sur during the May 13, 2019 local and national
elections.

2. Protestees presumptively proclaimed winner on May 18, 2019 by

garnering the following votes with the corresponding ranks, to wit;

RANK NAMES OF PROTESTEE VOTES GARNERED

1 SAMMY UNGAD (PDPLBN)
2 UNGGA TALUMPA (PDPLBN)
3 FATIMA AMBAG (PDPLBN)
4 EDEN BALIMBINGAN (PDPLBN)
5 NESTOR RUIZ (UNA)
6 RENE MONTAÑEZ (PDPLBN)
Nine Thousand Four Hundred
Twenty Seven (9,427)
Eight Thousand Two Hundred
Ten (8,210)
Seven Thousand Nine Hundred
Fifty Two (7,952)
Seven Thousand Eight Hundred
Thirty Four (7,834)
Seven Thousand Seven Hundred
Twenty Seven (7,727)
Seven Thousand Six Hundred
Eleven (7,611)

As against the Protestants votes, to wit;

RANK NAMES OF PROTESTANTS VOTES GARNERED

11 FERDINAND LUBGUBAN (NPC) Five Thousand Five Hundred
Twenty Three (7,173)
12 RUSSELL TAN (NP) Five Thousand Three Hundred
Ninety Nine (5,399)
13 MILAGROS BENITO (NPC) Five Thousand Forty Three
(5,043)
15 JIMBOY MAULANA NPC) Four Thousand Six Hundred
Thirty Two (4,632)

3. Labangan has a total of Forty-Three (43) clustered precincts or One

Hundred Eighty-Six (186) established precincts during May 13, 2019
local and national elections. Protestant contested all Forty-Three (43)
clustered precincts or One Hundred Eighty-Six (186) established
precincts.

D. PROPOSED STIPULATION OF FACTS

1. The counting of votes and canvassing of precinct results were
delayed due to glitches in the Votes Counting Machines (VCMs) and
damaged SD cards that need to be reconfigured in Zamboanga City.

2. Some SD cards were removed but not reconfigured in Zamboanga

City in violation of the protocol set by the COMELEC during casting
and counting of votes in several precincts.

3. There were violations of protocol in the installation of the VCMs

during glitches.

E. NUMBER AND NAMES OF WITNESSES AND THE NATURE OF

THEIR RESPECTIVE TESTIMONIES

Name

1. Protestants themselves.

Nature of testimony: To prove that they are the protestants in this

case and to substantiate the allegations they made in their protest.

2. At least one (1) watcher for every clustered precinct that incurred
glitches in the VCM and damaged SD cards.

Nature of testimony: To prove the anomaly or irregularity in the

conduct of election in the contested clustered precincts especially
during the time of casting and counting votes.

Protestants reserve to present additional witnesses in support to their

protest.

F. WITHDRAWAL OF CERTAIN PROTESTED PRECINCTS

None.

G. PROPOSED NUMBER OF REVISION OR RECOUNT

COMMITTEES TO BE CONSTITUTED

Protestants proposed four (4) revision committees with the Clerk of

Court as overall Chairman.

Protestants shall likewise submit the names of their revisors and their
alternate revisors depending on the number of revision committees
 that will be approved by the Court during the preliminary
conference.

H. THE PROCEDURE TO BE FOLLOWED IN CASE THE ELECTION

PROTEST OR COUNTER-PROTEST SEEKS THE
EXAMINATION, VERIFICATION OR RE-TABULATION OF
ELECTION RETURNS

Protestants suggest a manual method with the aid of a calculator or

other mechanical device the same shall be made in public view.

I. DOCUMENTS OR EXHIBITS TO BE PRESENTED AND THEIR

PURPOSE

1. Municipal Certificate of Canvass

Purpose: To prove the number of votes garnered by the protestants

and protestees; the margin of votes obtained by the winner
(protestees);

2. Certificate of Canvass and Proclamation

Purpose: To prove the fact of proclamation of the protestees as

member of Sangguniang Bayan-elect of Labangan on May 18, 2019.

3. Election Returns in the contested clustered precincts

Purpose/s: To prove the number of votes garnered by the parties

(protestants and protestees) in every (contested) clustered precincts
in Labangan.

To prove also that there are several voters who were disenfranchised
in the contested clustered precincts.

4. Statistical data and audit log report in every protested clustered

precincts.

Purpose/s: To prove the activities of the VCMs in every protested

clustered precincts.

Protestants reserves to present additional documents or exhibits in

support of his protest during and after the revision of ballots.

RESPECTFULLY SUBMITTED.
 Pagadian City, Zamboanga del Sur, Philippines; July ___, 2019.

CERILLES REDELOSA & ASSOCIATES LAW OFFICE

Veterans Building, Rizal Avenue, Balangsan District, Pagadian City
Counsel for Protestants

By:

DOMINGO T. REDELOSA IV
Roll of Attorneys No. 43603
IBP NO. 63630:01/05/2019
Issued at Pagadian City
PTR NO. 3019189: 01/04/2019
Issued at Pagadian City
6 MCLE Compliance No: (number on process)
th

Email Ad:dtredelosa4@yahoo.com

NOTICE

THE CLERK OF COURT

This Court

Greetings:

Please submit the foregoing Preliminary Conference Brief for the

consideration of this Honorable Court immediately upon receipt hereof.

Thank you.

DOMINGO T. REDELOSA IV
Copy furnished:

1. ATTY. FERDINAND MAS PABLO

Counsel for Protestees
______________, Pagadian City

Received by: ______________________

Date of Receipt: ___________________