SET Case No. 001-16 (FRANCIS N. TOLENTINO, Protestant, vs. LEILA M. DE LIMA, Protestee)

Election Protest: This election protest was filed on 20 June 2016 by Protestant Francis N. Tolentino to assail the proclamation of Protestee Leila M. de Lima as the 12th winning senatorial candidate in the 09 May 2016 National and Local Elections. Protestant Tolentino alleged that massive fraud and irregularities attended the elections, consisting of: a) Tampering of the Automated Election System (AES); b) Pre-Shading of Ballots; c) Impossible 100% Voter Turnout; d) Votes for Tolentino Not Counted; and e) Pre-loading of Secure Digital (SD) Cards with Negative Votes.

Status:  In a Resolution promulgated on 21 February 2019, the Tribunal resolved, among others, to grant the Motion to Withdraw filed by protestant Tolentino, and to consider the election protest closed and terminated.

In an earlier Resolution, the Tribunal denied protestant Tolentino’s Motion for Return of Payments of the amount representing the cost of retention by the Commission on Elections of the vote counting machines and equipment he previously identified.  The Tribunal denied the motion for reconsideration.

Subsequently, protestant Tolentino filed with the Supreme Court a petition for certiorari, docketed as G.R. No. 248005, challenging the Tribunal’s Resolutions on the return of payments.  The Supreme Court affirmed the assailed Resolutions in a Decision promulgated on 11 May 2021.

See SET Case No. 001-16, Resolutions