PRESIDENTIAL ELECTORAL TRIBUNAL

LOREN LEGARDA,
1111
Protestant

P.E.T. Case No.

-versusNOLI DE CASTRO,
Prostestee.
x-----------------------------x
ELECTION

PROTEST

Protestant LOREN LEGARDA [PROTESTANT], by counsel and unto this

Honorable Court, most respectfully states and alleges that:
1. Protestant is of legal age, Filipino, married, literate, and a resident of
Barangay West Ave., Quezon City.
2. Protestee NOLI DE CASTRO [PROTESTEE] is likewise of legal age,
Filipino, married, literate, and a resident of Barangay North Triangle,
Quezon City.
3. Both Protestant and Protestee may be served with summons and other
processes at their respective addresses as stated above.
4. In connection with the 9 May 2004 National Election, the Protestant
filed the Certificate of Candidacy, a copy of which is attached as
Annex A, for the position of Vice-President of the Republic of the
Philippines.
5. The Protestee likewise filed his Certificate of Candidacy for the same
position.
6. That on May 10, 2004, the National Elections were held. The official
count of the votes cast for Vice-President in the said elections showed
that the protestee obtained the highest number of votes, garnering
15,100,431 votes as against the 14,218,709 votes garnered by the
protestant Loren B. Legarda, who placed second, in a field consisting of
four candidates for Vice-President.

7. On 12 May 2004, The National Board of Canvassers (NBC) proclaimed

the Protestee as the winning candidate, having obtained 15,100,431
votes as against the 14,218,709 votes garnered by the herein
protestant. The number of votes credited to the parties per
proclamation is shown in the Statement of Votes by Precinct, a copy of
which is attached as Annex B. The Certificate of Canvass and
Proclamation is attached as Annex C.
8. Protestant protests the results in 9,007 precincts in six provinces, one
city and five municipalities. The number of votes respectively counted
and canvassed in favor of the protestant and the protestee did not
accurately and truly reflect the will of the electorate in view of the
following reasons:
a. There were rampant misreading and miscounting of ballots, thus
votes intended for the protestant were not counted, resulting to his
prejudice and disadvantage.
b. Invalid ballots which do not bear the COMELEC watermarks, or fake
ballots, were counted in favor of the protestee.
c. That the correct results appearing in the election returns were not
properly transferred and reflected in the subsequent election
documents and ultimately, in the final canvass of documents.
d. That the protestee and/or his leaders committed vote-buying and
used grave illegal machinations to alter the results of the election
returns.
9. If the ballots mentioned in the aforementioned precincts were
discarded or not counted in favor of the protestee or counted as stray,
the total number of votes for the protestee would be reduced while the
votes for the protestant would increase thereby making the protestant
the winner as against the protestee.
10.This protest is filed today, which is written ten (10) days from the
proclamation of the protestee on 12 May 2004.

PRAYER
WHEREFORE, premises considered and in the interest of substantial
justice and fair play, protestant prays that the Honorable Court to:
a. Immediately direct the ballot boxes of the specified precincts
containing the ballot and their keys, list of voting records, book of
voters and other documents and paraphernalia used in the 2004
National elections be brought to this Honorable Court;

b. Order the revision and recount of the ballots in the above

mentioned precincts to determine the actual number of valid votes
cast in favor of the parties;
c. Declare the Protestant the winner and duly elected Vice-President
of the Republic of the Philippines;
d. Annul the proclamation of the protestee and direct him to
immediately vacate the said position and to cease and decease
from discharging the duties and functions of that office and from
collecting the compensation and other emoluments appertaining
thereto, and to peacefully turn over the position to the protestant.
e. Order the Protestee LOREN LEGARDA to pay the protestant all cost
and fees in connection with this protest.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted:
Quezon City, 20 MAY 2004.
A & B ASSOCIATES
Counsel for the Protestant
Unit 1, 1st floor
Centris., Quezon City
(02) 111-22-11
By:
Atty. Banana Apple
Roll No. 11
IBP No. 1111
PTR No. 111