De Castro’s lawyers pointed out that several inconsistencies in Legarda’s protest made it "insufficient in form and substance" because it did not specify the time, place, and date of the alleged election irregularities.
"It only exposed that Legarda merely copied her protest and that it was haphazardly prepared," the lawyers said.
"This is not the kind of protest which would waste the precious time of the Supreme Court, which could be used in resolving meritorious cases."
The lawyers also asked the PET to reject Legarda’s motion to examine the election returns on grounds that it would be in the nature of a pre-proclamation controversy.
A pre-proclamation controversy should be raised before the Commission on Elections, not the PET, the lawyers added.
After hearing De Castro’s motion questioning Legarda’s protest yesterday, the PET gave the opposing parties 20 non-extendible days to submit their memorandums and summaries.
Based on the memorandums, the PET will decide whether to continue hearing Legarda’s protest.
Last Sept. 14, the PET granted De Castro’s motion for preliminary hearing on his affirmative defenses, particularly his argument that the tribunal lacked jurisdiction over Legarda’s protest.
Legarda asked the PET to order Congress to undertake all the necessary steps to preserve and protect the safety and integrity of the ballot boxes in its possession.
In her motion, Legarda sought the PET’s permission for her to conduct an inspection and inventory of the ballot boxes to ensure that they were intact, pending their transfer to the tribunal for recount.
However, De Castro said it would be premature for the PET to consider Legarda’s motion and protest without a hearing on the issues he had raised.
By asking the PET to re-examine the election returns in a number of localities, Legarda wanted the tribunal to perform another canvass of the votes, he added.
The Constitution mandates that the canvassing of votes for the presidential and vice presidential elections must be done by Congress acting as national board of canvasser, not the Supreme Court acting as the PET, De Castro said.
De Castro was represented by lawyers Romulo Macalintal, Armando Marcelo, Carlo Vistan and Jesse Andres, while Legarda sent former immigration commissioner Rufus Rodriguez. — Pia Lee-Brago, Aurea Calica