[PET Case No. 003. August 28, 2006]

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

Presidential Electoral Tribunal

LOREN B. LEGARDA,

Protestant,

- versus - PET Case No. 003

NOLI L. DE CASTRO,

Protestee.

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ORDER

Pursuant to the Resolution of the Tribunal dated 22 August 2006, setting the preliminary conference of the parties with the Hearing Commissioner today, the designated Hearing Commissioner called the preliminary conference to order to consider the order of hearing and presentation of evidence of the parties according to the procedure prescribed in the Resolution of the Tribunal of 1 August 2006, under paragraph B (1 and 2).

The following are the appearances:

1) Protestant Loren B. Legarda, in person;

2) Atty. Sixto S. Brillantes. Jr. and Atty. Jesus P. Casila, for the protestant;

3) Protestee Noli L. de Castro did not appear;

4) Atty. Armando M. Marcelo and Atty. Carlo Vistan, for the protestee.

Atty. Brillantes manifested that the protestant is ready to adduce testimonial and documentary evidence on a date to be scheduled and agreed upon by the parties; they have about seven witnesses to testify on the first aspect as indicated in the Tribunal's Resolution of 1 August 2006. He suggested 6 September 2006 as the initial date of the hearing. Atty. Marcelo stated that he was leaving for abroad on 6 September 2006 for one month and suggested a hearing after his return in October 2006. At any rate, protestee has a pending motion for reconsideration of the Tribunal's Resolution of 22 August 2006 designating a retired Justice of the Supreme Court as Hearing Commissioner. They wanted an incumbent Justice of the Supreme Court or an official of the Tribunal who is a member of the Bar to be the designated Hearing Commissioner.

The undersigned Hearing Commissioner suggested that the initial hearing be held on 4 September 2006, at 10:00 a.m., when protestee's counsel will still be in town, without prejudice to the resolution of the Tribunal on his motion for reconsideration.

The undersigned Hearing Commissioner suggested to protestant's counsel to submit by this afternoon the list of the names of the proposed witnesses and documents to be produced so that the proper process may be issued to them.

The undersigned Hearing Commissioner set the initial hearing tentatively on Monday, 4 September 2006, at 10:00 a.m., at the same venue, subject to the Tribunal's ruling on protestee's motion for reconsideration of the person of the Hearing Commissioner, and protestant to submit by this afternoon the list of witnesses and documents to be produced at the hearing.

IT IS SO ORDERED.

Manila, 28 August 2006

(Sgd.) BERNARDO P. PARDO

Ret. Associate Justice, Supreme Court

Designated Hearing Commissioner