FOR: THRU:

The Commission on Elections Hon. Sixto Brillantes Chairman, Commission on Elections 13 August 2012 AUTOMATIC REVIEW OF PENDING PETITIONS FOR REGISTRATION OF PARTY-LIST GROUPS AND SUMMARY EVIDENTIARY HEARINGS FOR ACCREDITED PARTY-LIST GROUPS INTENDING TO PARTICIPATE IN THE 2013 NATIONAL AND LOCAL ELECTIONS

DATE: RE:

Dear Chairman Brillantes, Good day! We, the undersigned individuals, all Filipinos, registered voters, are members of the election watchdog group KONTRA DAYA, with office address at Erythrina Bldg., Maaralin corner Matatag Sts. Central District, Quezon City. KONTRA DAYA is an anti-fraud group existing since 2007. From the time of its establishment, it has closely monitored and conducted research of the electoral system of the Philippines, as well as voters education and awareness. KONTRA DAYA, being an active advocate for electoral reforms, has filed numerous election cases during the 2010 national elections in relation to the party-list system and has engaged the COMELEC in the matter of the automated elections. The sincere intention of KONTRA DAYA in this Complaint is no different from its advocacy for election reformsto ensure that the opportunity given to the marginalized and underrepresented by the party-list system is not surreptitiously taken away by those whose only interest is to expand their economic and political power over the poor. On 2 August 2012, this Honorable Commission issued Resolution No. 9513 which seeks to conduct automatic review by the Commission En Banc of pending petitions for registration of party-list groups, and setting for hearing the accredited partylist groups organizations which are existing and which have filed Manifestations of Intent to Participate in the 2013 National and Local Elections. In line with this, KONTRA DAYA has come up with a list of party-list groups which, we assert, do not represent the marginalized and underrepresented sectors as required under the 1987 Constitution, Republic Act No. 7941, and Supreme Court decision in Ang Bagong Bayani and Bayan Muna case. Worse, these party-list groups even represent interest antagonistic to the marginalized and underrepresented sectors that the party-list system aspires to empower and protect. The nominees of these groups are disqualified to be nominees because not only are they not representative of marginalized and underrepresented, but they come from the rich, the powerful and the over-represented. Many are also disqualified, not just because they are part of powerful economic and political clans but are politicians who ran and lost in the previous election and therefore disqualified under RA 7941.

The evidence and information contained herein come from members and supporters of KONTRA DAYA in various parts of the country who are witnesses to the actions and intentions of these groups and their nominees, information on the very websites or the public statements of the nominees or officials of these party list groups themselves, and other public sources of information such as official documents from the Commission on Elections (COMELEC), Securities and Exchange Commission (SEC), and other government bodies, the media and the official website of the House of Representatives. Herein the list of party list groups that we are pointing out as not qualified for the party list system and election is not by far complete as we are submitting additional list once the evidence on these other groups have been completed. KONTRA DAYA, prays that this Honorable Commission treat this humble letter as a Verified OPPOSITION to the Petitions for Registration/Accreditation of party-list groups, and OPPOSITION in the Summary Evidentiary Hearings of Accredited Party-list Groups intending to participate in the 2013 national and local elections. Moreover, under Comelec Resolution No. 9366, this Honorable Commission has motu proprio powers to deny due course to a petition for registration, as well as motu proprio powers to remove and/or cancel the registration of any party-list group or organization or coalition: RULE 2 SEC. 2. Grounds for opposition to a petition for registration. The Commission may deny due course to the petition motu proprio or upon verified opposition of any interested party, after due notice and hearing, on any of the following grounds xxx. SEC. 3. Removal and/or cancellation of registration; Grounds. The Commission may motu proprio or upon a verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. xxx Additionally, KONTRA DAYA prays that this Honorable Commission remove and/or cancel the registrations of the enumerated party-lists, for having failed to comply with the requirements set by the 1987 Constitution, Republic Act 7941, Supreme Court decision in Ang Bagong Bayani case, and the Comelec Resolution No. 9366. KONTRA DAYA also prays that this Honorable Commission deny due course or to cancel certificate of nomination of the nominees of these party-list groups for failing to measure to the requirements and standards set forth by law regarding nominees. KONTRA DAYA has resorted to this mode of complaint because the filing fee set in the Comelec Resolution No. 9366 is prohibitive, and we are financially unable to raise the amount needed considering the number of party-lists we intend to have removed and/or cancelled. Should this be treated as a verified complaint we ask the Honorable Commission to waive its filing fees considering that the petitioners are without means to
2

pay the more than the estimated hundreds of thousands of pesos required for the filing fee. In any case, we urge this Honorable Commission to exercise its moto propio powers to cleanse the party list system, as it did, in 2001.

GROUNDS FOR OPPOSITION AND/OR REMOVAL AND/OR CANCELLATION OF REGISTRATION OF PARTY-LIST GROUPS

Comelec Resolution No. 9366 provides for the grounds for the removal and/or cancellation of registration of a party-list group:

Rule 2, Sec. 3. Removal and/or cancellation of registration; Grounds. The Commission may motu propio or upon a verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. Any party whose registration has been removed or cancelled shall not be allowed to participate in the party-list system or from being proclaimed if the evidence is strong. Rule 2, Sec 2. Grounds for opposition to a petition for registration. The Commission may deny due course to the petition motu propio or upon verified opposition of any interested party, after due notice and hearing, on any of the following grounds: a. It is a religious sect or denomination, organization or association organized for religious purposes; b. It advocates violence or unlawful means to achieve its goal; c. That it is an adjunct of, or a project or an entity funded or assisted by, the government; d. It is a foreign party or organization; e. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes; f. It violates or fails to comply with laws, rules or regulations relating to elections; g. It has made untruthful statements in its Petition; h. It has ceased to exist for a period of at least one (1) year; i. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered; or j. The petition has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of names or registered parties, or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate.
3

In addition, the Supreme Court in the 2001 case of Ang Bagong Bayani, laid down the following guidelines in screening for party-list participants: First, the political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941. In other words, it must show -- through its constitution, articles of incorporation, bylaws, history, platform of government and track record -- that it represents and seeks to uplift marginalized and underrepresented sectors. Verily, majority of its membership should belong to the marginalized and underrepresented. And it must demonstrate that in a conflict of interests, it has chosen or is likely to choose the interest of such sectors. Second, while even major political parties are expressly allowed by RA 7941 and the Constitution to participate in the party-list system, they must comply with the declared statutory policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors x xx to be elected to the House of Representatives. In other words, while they are not disqualified merely on the ground that they are political parties, they must show, however, that they represent the interests of the marginalized and underrepresented. xxx Third, xxx the Court notes the express constitutional provision that the religious sector may not be represented in the party-list system. xxx

Fourth, a party or an organization must not be disqualified under Section 6 of RA 7941, which enumerates the grounds for disqualification as follows: (1) It is a religious sect or denomination, organization or association organized for religious purposes; (2) It advocates violence or unlawful means to seek its goal; (3) It is a foreign party or organization; (4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; (5) It violates or fails to comply with laws, rules or regulations relating to elections; (6) It declares untruthful statements in its petition; (7) It has ceased to exist for at least one (1) year; or (8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered. Note should be taken of paragraph 5, which disqualifies a party or group for violation of or failure to comply with election laws and regulations. These laws include Section 2 of RA 7941, which states that the party-list system seeks to
4

enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties x xx to become members of the House of Representatives. A party or an organization, therefore, that does not comply with this policy must be disqualified. Fifth, the party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government. Xxx Sixth, the party must not only comply with the requirements of the law; its nominees must likewise do so. Section 9 of RA 7941 reads as follows: SEC. 9. Qualifications of Party-List Nominees. No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twentyfive (25) years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term. Seventh, not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees. To repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens who belong to marginalized and underrepresented sectors, organizations and parties. Surely, the interests of the youth cannot be fully represented by a retiree; neither can those of the urban poor or the working class, by an industrialist. To allow otherwise is to betray the State policy to give genuine representation to the marginalized and underrepresented. Eighth, xxx the nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.

Additionally, the registration of party list groups which submitted nominees not qualified to be nominated under the party list system must be cancelled for precisely violating the law such as those that submitted names of nominees who ran and lost in the past elections. This is in violation of RA 7941 which orders a party list group not to submit the name of a person who has ran and lost in the previous election, to wit: Sec. 8 Each registered party, organization or coalition shall submit to the COMELEC xxx a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. xxx The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election

ENUMERATION OF PARTY-LISTS AND NOMINEES NOT QUALIFIED UNDER THE PARTY LIST SYSTEM

I.

PARTY LIST GROUPS CREATED BY POLITICIANS AND POLITICAL CLANS AS A CHEAP WAY TO GET A SEAT IN CONGRESS

The party-list groups of politicians and their political clans are not and do not belong to the marginalized and underrepresented. They cannot be allowed to

participate in a party-list system that seeks to empower and represent the marginalized and underrepresented sectors. These politicians and their clans are already well

represented precisely because they are already in Congress. Secondly, the Supreme Court has practically prohibited members of Congress from joining the party-list elections, directly or indirectly, as early as in the 2001 case of Bayan Muna vs. Comelec1 saying why segregate 20% of the seats in Congress to the party-list system if we will allow the 80% to join its elections anyway. Thirdly, the declaration of the party list law that the party-list sectors are not just marginalized but underrepresented as well, means that district congressmen have failed to fully represent these sectors, that is why they have remained underrepresented, that is why there is a need for a party list system. To allow a politician to create his own party-list group and represent the marginalized and

underrepresented sectors, when he himself has failed to fully represent these, is a circumvention of the law and the orders of the Supreme Court. Lastly, by attempting to participate in the party-list system, they are putting the electoral process in mockery and disrepute. We know that disqualifying the groups created by these powerful politicians is a difficult task indeed for the Honorable Commission. We urge you to have courage in this mission to weed out those that have abused the novel constitutional intention that is the party-list system for the poor and the powerless.
1

G.R. No. 147613 also known as Ang Bagong Bayani case

The following party-list groups are created by politicians and their clans which are intended to circumvent the system, resulting in the mockery and disrepute of the electoral processes, as well as disenfranchisement of the marginalized and underrepresented sectors: (1) AGRARIAN DEVELOPMENT ASSOCIATION (ADA) with nominees Rep. Eric D. Singson, and Eric Owen Singson, Jr. ADA party-list is obviously intended by the Singson political family as a vehicle to get more seats in Congress and remain in power. Its first nominee Eric D. Singson is a former deputy speaker in the House of Representatives and was a congressman in the 8 th, 9th, 10th and 12th Congress. His wife, Grace Singson, served as Mayor of Candon from 1987 to 1995 and Congresswoman of 2ND District Ilocos Sur from 1998 to 2001. His son, Allen Singson, is currently the Mayor of Candon. Second nominee Eric Owen G. Singson, Jr. is the son of the First Nominee. He is also the current Congressman of Ilocos Sur in this 15 th Congress. The Singson, have been a political and economic power in Ilocos for decades and could never be considered as belonging to a marginalized and underrepresented sector in Congress. They have been very well represented in Congress as they have been since the 8th Congress. Neither do ADA and its nominees have any track record of adhering to the advocacy of the rights and welfare of the marginalized and underrepresented sectors. Clearly, these nominees do not belong to the marginalized and underrepresented sectors of peasants/farmers that ADA claims to represent. It would be a major defeat for the party list system, if this powerful political family gets a seat in Congress through a party-list election.

(2)

Alliance of Organizations, Networks and Associations of the Philippines, Inc (ALONA) with Danilo Suarez Jr, Joanna Suarez, and Alexis AbastillasSuarez as nominees Danilo Suarez, Jr is the son of Danilo Suarez, Sr. who is on his 5th term as Quezon congressman. Danilo Sr., served as Quezon congressman from 1992-2001 and again 2004-2010, except in 2001-2004 when his wife Aleta was the Congressman, making the Suarez family a member of Congress for more than twenty years !. Suarez, Sr. is also one of the richest members of Congress. His congressional CV not only lists his bills but his memberships in the Manila Yacht Club, Makati Sports Club, Puerto Azul Country Club, Manila Polo Club, and a host of other quite expensively extravagant activities. His business conglomerate extends to many fields. Suarez, Jrs brother David C. Suarez is the governor of Quezon, while Donaldo C. Suarez is a board member of the province and President
7

of the Provincial Councilors League. Joanna Suarez the second nominee is a sister and Alexis the third nominee is a sister in law of the first nominee Danilo Suarez. Not contented with this political power in the province of Quezon, the Suarez family is embarking on the party-list system. The fact that the nominees of a party-list group come from the same family should immediately raise the red flag on the part of this Honorable Commission since no honest to goodness, genuine group of the marginalized and the poor could really be controlled by a single family. In fact, the Comelec should use this as conclusive evidence that said organization is not genuine being a mere family enterprise. In this case, ALONA is not only a family enterprise but is an enterprise of a very rich and powerful family. Surely, no genuine party-list group can match the political and economic juggernaut of the Suarez family if they are allowed to run in the party-list system. (3) Kabalikat ng Bayan sa Kaunlaran (KABAKA) with nominees Amanda Bagatsing and Carlito Guiang KABAKAs participation in the party-list system of elections is highly questionable. It is an already established political party in Manila, where it fielded candidates in the Manila local elections since its founding and registration in 1987. Even the official Comelec website lists KABAKA as one of the registered/accredited political parties for the 2010 national and local elections.2 And indeed KABAKA participated in the 2010 elections wherein it fielded a lone candidate Rep. Amado Bagatsing.3 KABAKA should not be allowed to participate in the party-list system. It is an already established political party and proven that it can win in the regular district elections. Further, the Supreme Court has already said that political parties not representing the marginalized and underrepresented sectors enumerated by law cannot join the party list election. In this case, it is obvious that KABAKA does not represent the marginalized and underrepresented sectors. It is a traditional political party, fielding traditional politicians since its establishment. First nominee Amanda Christina L. Bagatsing belongs to a political family and not a marginalized or underrepresented sector. Her father is Rep. Amado Bagatsing, who was congressman of the 5th District of Manila from 1987 to 1998, 2007 until present. Amanda Bagatsings uncle and Amado Bagatsings brother, Ramon Jr. was also congressman of the 4 th District of Manila from 1987 to 1998. Their father, and Amandas grandfather, Ramon, was former and longest serving Mayor of Manila (from 1971 to 1986) and also served as congressman of the 3 rd District of Manila from 1957 to 1971.

http://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalParties, last sighted August 12, 2012 3 Attached is the letter of KABAKA second nominee Carlito Guiang to the Comelec dated August 13, 2010 stating that KABAKA did not file its Statement of Election Contribution and Expenditures as a political party because the only candidate that KABAKA supported, Rep. Amado Bagtsing, shouldered his own campaign expenses

Clearly, the Bagatsing family is a powerful political clan in the 3rd, 4 and 5th district of Manila.
th

Amanda has no track record of advocating for the rights and welfare of the marginalized and underrepresented sectors. She was in the news when the large entourage of Pres. Gloria Arroyo in Brazil and Japan was criticized for its extravagant public spending, and Rep. Bagatsing and his daughter Amanda were listed as among the 16 members of the House of Representatives who joined Pres. Arroyo together with their spouses and children. Not only is KABAKA an admitted political party of the Bagatsing family but its nominees are family members and trusted supporters as well.

(4)

Ilaw Ng Bayan (ILAW) with nominee Gerard Hilarion Ramiro. ILAW claims to represent the marginalized and underrepresented sector of the urban poor. However, its first nominee is Gerard Hilarion M. Ramiro, is the farthest from belonging to the urban poor sector. Ramiros father is long term Congressman Hilarion Ramiro of the 2 District of Misamis Occidental (1987 to 1995, 1998 to 2001), and his mother is Congresswoman Herminia Ramiro also of the 2 ND District of Misamis Occidental (1995 to 1998; 2001 to 2010), who is currently the Governor of the province of Misamis Occidental. He clearly belongs to a powerful political family and could win in regular elections without exploiting the party-list system and circumventing the law.
ND

In addition, Ramiro has no track record of advocating for rights and welfare of the urban poor sector. (5) Ang Matay Alagaan (AMA) with nominees Lorna Q. Velasco, Atty. Tricia Nicole Velasco-Catera and Vincent Michael Velasco, a family enterprise of Justice Presbitero Velasco. The first 3 nominees of this group all came from the family of Justice Presbitero Velasco First Nominee Lorna Q. Velasco is his wife; Second and Third nominees Atty. Tricia Nicole Velasco-Catera and Vincent Michael Velasco are his children. Justice Velascos other son, Lord Allan Jay, is currently a Congressman representing the lone district of Marinduque. None of these nominees, and even AMA itself, have any track record in adhering or advocating for the interest of the sector they wish to represent. Neither do these nominees belong the marginalized and underrepresented sector they wish to represent. Even at the minimum, they do not belong to any marginalized and underrepresented sector as required by law. On the contrary, the Velascos are very powerful politically and economically, considering that they have as head of the family a sitting member of the Supreme Court of the Philippines, the highest court of this
9

country. They are also represented in the House of Representatives, through Rep. Lord Allan Jay Q. Velasco, the Congressman for the Lone District of Marinduque. By this, clearly AMA has no bona fide intention to represent the sector they claim to represent, but rather to represent the interest of the already powerful, well-connected

(6)

AA KASOSYO Its current representative is Nasser C. Pangandaman, who served as Secretary of the Department of Agrarian Reform during the administration of former President Gloria Macapagal-Arroyo. His son, Mohammed Pangandaman is currently the Congressman for Marawi City.. We do not know the assets of AA Kasosyo Congressman Nasser Pangandaman, but we are sure, it is not certainly that of a marginalized and underrepresented person. But the Honorable Commission may ask him for hisSALN. In any case, AA Kasosyo and Rep. Nasser Pangandaman is disqualified because both do no belong to the marginalized and underrepresented and are in fact, economic and political powers in their area. They have not even genuinely advocated for the marginalized sectors they claim to represent, The first immediately noticeable fact that AA KASOSYO is a Pangandaman creation is its current set of nominees for the 2013 elections Nasser Pangandaman, Raynor Taroy, Renato Alano, Maria Liza Resurrection and Roseten Tugaff. It must be remembered that Nasser Pangandaman was not in the list of nominees in the 2010 election submitted by AA KASOSYO, which were then composed of Solaiman Pangandaman, Raynor Taroy, Percival Peralta, and Roseten Tugaff. But all of these nominees suddenly resigned, and behold, Nasser Pangandaman who was then in office as DAR Secretary, suddenly appeared as the 6th nominee. The integrity of AA KASOSYO is put into question immediately as the nominees, namely Raynor Taroy who was a DAR official of Pangandaman and Roseten Tugaff, are now again nominees of AA Kasosyo as if their resignation in 2010 was a mere game of revolving chairs subject to the whims of Nasser Pangandaman. AA Kasosyo and its nominees must be disqualified for putting the election process in mockery or disrepute, which clearly demonstrate that AA Kasosyo and its nominees have no bona fide intention to represent the sector they claim to represent. The second immediately noticeable fact about AA Kasosyo is its website4 posted in the internet and the Congressional websitewhich is by no stretch of imagination could be that of the marginalized and underrepresented. It talks about repairing his sprinklers for his plants and flowers showing orchids and lots of flowers and the fact that his wife saying she wants to experiment this cannoli cake. I know they will say Filled with delicious ricotta, fresh berries and semisweet chocolate chips, Sargentos cannoli cake recipe will leave you begging for more and another one on picnics which states that The next time, I will let my kids

http://www.aakasosyo.org/, website of AA Kasosyo sighted August 10, 2012 http://www.congress.gov.ph/members/

10

eat first before bringing them to any gathering so that they will enjoy. This outrageous so rich and so not marginalized statements cannot be that of a marginalized sector whose main concern, instead of the rising prices of basic commodities, or low wages of workers, or discrimination, or injustice, or floods and disaster, are about sprinklers, ricotta for cakes and picnics. The phenomena of AA Kasosyo is a direct insult on the integrity of the party-list system and the COMELEC as well. Even if AA Kasosyo has been previously approved by this Honorable Commission, now that it is aware of its political patron it must cancel the registration of this abomination to the party-list system.

(7)

Kapatiran ng mga Nakakulong na Walang Sala (KAKUSA) with nominees Jesusa Sespene and former Congressman Romeo Jalosjos. KAKUSA is a creation of former Congressman Romeo Jalosjos who was convicted of rape and released recently. KAKUSA, which was founded by Romeo Jalosjos in 1996, claims to represent inmates and detainees. Its current representative in Congress is Ranulfo Canonigo. He was recently shot and according to a privilege speech by Rep. Labadlabad was a result of intramurals within KAKUSA. According to reports in Mindanao, it was because Canonigo no longer follows the orders of Romeo Jalosjos.5 First nominee Ma. Jesusa A. Sespee is presently the Chief of Staff of Representative Cesar G. Jalosjos, brother of Romeo Jalosjos. She is the Vice President of Kakusa Inc. The third nominee is Atty. Cipriano Robielos III, lawyer of Jalosjos while the latter was still in prison. Second nominee Romeo G. Jalosjos is more famous for having been a convicted rapist. He was sentenced to two life terms for raping a minor, he was freed by former Justice Secretary Raul Gonzalez. Previous to this scandal, he served as Former 1st District Zamboanga Del Norte Representative from 1995 to 2001, after being a member of Batasang Pambansa in 1984-86. The succeeding representatives were all of the Jalosjos family, namely Rep. Cecilia Jalosjos-Careeon (2001-2010) and Seth Jalosjos (2010-). His brother Cesar is congressman of the 3rd District (2004-2013). The 2nd District Congressman of Zamboanga Sibugay is his son Romeo Jalosjos Jr.

Ang pagbalitok ni KAKUSA Cong. Dodong Canonigo ug pagtalikod ni ini sa kampo sa mga Jalosjos ang gilantaw ang posibilidad sa Domino effect sa politika gumikan sa padayon nga pagkawala sa pagsalig ug pagkahigmata sa kamatuoran sa mga halige niini susama kang Cong. Canonigo nga karon mireklamo na gayud kay ang ilang girepresentahan nga sector nga mao ang KAKUSA ang wala makadawat sa serbisyo nga unta ilaha tungod kay ang Minilyon nga pundo isip kongresista tua man mopadulong sa panudlanan sa ilang KAKUSA founding chairman ug igo na man lang siya mokubra sa sukli busa wala gayud siyay mapakitang proyekto.Nakita karon sa mga political tactician ning probinsya ang pagka tun-as sa kamada ug

gingharian sa mga Jalosjos tungod sa padayon nga pagpamalhin sa mga wala na makasabot sa mga pamaagi ubos sa ilang partidong Alliance of Party for Progress o APP diin susama sa KAKUSA si Romeo Nonong Jalosjos mao usab ang founding chairman. [Tingog Peninsula, Dec. 4, 2011 http://tingogpeninsula.com/2011/12/congcanonigo-mibiya-sa-app-ni-jalosjos/ sighted Aug 10, 2012].

11

ABC TV 5, in its feature Anggulo: Ex-Congressman, Ex Convict shown on August 8, 2012 showed Jalosjos touring the media through his 2 private islands and huge resorts, his Dakak resort estimated to cost 1 Billion. Former Congressman Jalosjos not only showed himself giving 1000 pesos tips to porters but admitted his extreme wealth in public, and toured the media through his helicopter (P35 Million he admits it is worth), his yacht (worth P9 Million) and that he owns 90% of an entire island and another island to a lesser degree. The fact that KAKUSA was allowed to run and gain a seat in Congress should not deter the Honorable Commission from cancelling its registration considering that it is clearly a non-marginalized party representing a vague constituency of those innocent of crimes but convicted by courts. Former Congressman Romeo, remains unrepentant and does not even know the implications of his crime when he declared in TV 5 recently that how can I rape a prostitute? which, as a legislator he should know as prohibited under the law as statutory rape. The fact that he named his group mga nakakulong na walang sala means that he has refused to acknowledge any wrongdoing for the charges filed against him.

(8)

AAMBIS OWWA Its current representative Sharon Garin comes from a powerful political family in Iloilo. Her father Oscar Garin was not only the Philippine Coconut Administrator but was a Congressman of Iloilo for 11 years from 1987 to 1998. Her brother Richard Garin is the Vice Governor of Iloilo, whose wife is also a member of Congress, Janette Garin, representative of the First District of Iloilo. Her sister Christine Garin is the Mayor of Guimbal, Iloilo. Her mother Ninfa Garin is the Mayor of San Joaquin, Iloilo. AAMBIS OWWA is a creation of the Garin family and not genuine representative of the marginalized and underrepresented. It is clear that Sharon Garin, current representative and first nominee does not belong to the marginalized and underrepresented sector that AAMBIS OWA seeks to represent, specifically small land owners owning 1-4 hectares of farm land. See for example this news report, Families flaunt political charisma in Iloilo6 which says: In the province, the Garins lord over in the first district with patriarch Oscar Garin Sr. as the kingmaker. His relatives running in the May elections include son Richard for vice governor of Iloilo, wife Ninfa as mayor of San Joaquin, daughter Kristine as mayor of Guimbal, daughter-in-law incumbent Janette Garin for

Attached as ANNEX A of this letter. Also available at http://www.sunstar.com.ph/iloilo/families-flaunt-politicalcharisma-iloilo, last sighted August 8, 2012

12

congresswoman, and daughter Sharon as nominee for party-list Aambis-OWA. Clearly, the party-list route is just another ruse of the already politically powerful Garins in order to have more positions in Congress.

(9)

AKO Karay-A (AK) Its first nominee Salvacion Zaldivar-Perez is disqualified from being a nominee for a party-list group because she does not belong to a marginalized and underrepresented sector, and also because she has ran and lost in the 2010 elections. Perez is already a politician in her own right, having served as the Governor of the province of Antique from 2001 until 2010. In 2010 she ran for Congress but was defeated. Clearly, Perez does not belong to the marginalized and underrepresented sector. She is further disqualified to be a nominee for a party-list group because she previously ran and lost in an election. Rule 4, Section 5 of the Comelec Resolution No. 9366 provides: The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. By including Perez in its roster of nominees, AK violated the election law which requires that a party-list group shall not include as nominees those who previously ran and lost in the immediately preceding election:
Sec. 8 Each registered party, organization or coalition shall submit to the COMELEC xxx a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes.xxx The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding elections.

(10)

Alliance of Mindanao Elders A perusal of its first nominee would clearly show that this group not only failed to comply with the requirements of a party-list group, but also has no bona fide intention to represent Mindanao Elders in Congress. Its participation, through its nominee, would only result in the mockery and disrepute of the electoral process. Its first nominee, Jorge L. Banal, is the father of Quezon City Congressman Bolet Banal and an appointed acting member of the board of directors of the Poro Point Management Corporation (PPMC). Jorge L. Banal served as a Quezon City Councilor for 4 terms. Banal does not belong to the sector he claims to represent. He comes from a political family and presently very close to the Aquino administration.

13

A known Quezon City political figure, Banal has no track record of being an advocate of the welfare of the Minadano peoples, nor of Mindanao elders. (11) Abante Retirees Partylist Organization (ABANTE RETIREES) First nominee Plaridel M. Abaya does not belong to the marginalized and underrepresented sector. He was previously a congressman, representing the First District of Cavite from 1995 to 2005. He is the father of current Cavite Congressman and House Appropriations Committee Chair Jun Abaya of the Liberal Party. These credentials and background reveal that Abante Retirees, through Abaya, have no business joining the party-list system because as proven, not only can he win in the regular election system but he and his clan are political and economic powers and do not be marginalized and underrepresented. It is also of note that the Abaya family has close ties with the present Aquino administration. (12) Ako Ang Batang Sora (ABS) As mentioned above, one of the red flags in exposing a fake partylist group which has no intention of genuinely representing the marginalized and underrepresented is if its nominees have the same surnames or are related as a family as this ABS party list is. First nominee Vanessa Rose Susano Francisco is the niece of former Representative Mary Ann Susano. Another nominee, Maricel Susano Francisco is the sister of the first nominee. Another nominee, Michael Ryan Susano Francisco, is the brother of the 1st and 2nd nominee. Clearly, ABS has no bona fide intention to represent the marginalized and underrepresented sectors they claim to represent. Rather, ABS is established to promote the interest and maintain political power of the Susano Francisco clan. All these personalities do not belong to the marginalized and underrepresented sector ABS claim to represent. Neither do they have any track record of advocacy related to this sector. (13) Alay Buhay Community Development Foundation, Inc. (ALAY BUHAY) Weslie T. Gatchalian, first nominee of ALAY BUHAY, comes from a political family and economic power being the son of plastics king William Gatchalian. He is brother to incumbent Valenzuela Mayor Sherwin Gatchalian and to Rex Gatchalian who is Representative of 1st District of Valenzuela from 2007 to present. In addition, the credentials of first nominee Weslie T. Gatchalian reflect that he does not belong to the marginalized and underrepresented
14

sector Alay Buhay claims to representby his very own admission he is both owner and executive officials in many of his familys huge business enterprises: (14) Executive Vice President of Metro Alliance Holdings & Equities Corp. since 2005. Vice President for Investments and Foreign Affairs of TheWellex Group of Companies. Assistant Vice President of Westlink Global Equities Corp. President of Wellex Industries Inc. since January 1, 2008 and served as its Treasurer since January 19, 2006. Treasurer of Forum Pacific Inc. Vice President of Marketing and Operations for Metro Alliance Holdings & Equities Corp. since August 1, 2005 and served as its Assistant Vice President from 2004 to 2005. Head of Sales and Marketing of Waterfront Hotels and Casinos from 2002 to 2003, Director of NPC Alliance Corporation Director since 2005. Director of Metro Alliance and TheWellex Group of Companies. Director of Forum Pacific Inc. since 2005 and Wellex Industries, Inc. since January 19, 2006. Director of Mabuhay Vinyl Corporation since April 28, 2005.

1Pinoy Para sa Kalikasan, Inc. The nominees of this group are disqualified under the party-list law because they do not belong the marginalized and underrepresented sectors, and also for having run and lost in the 2010 elections, an immediately preceding election. First nominee Roselyn Espina Paras is from the politically powerful and well-connected Espina Clan in Eastern Visayas7. Her father is former Congressman and now Kawayan Mayor Gerry Espina Sr. Her brothers are also occupying elected government posts Cogressman Roger Espina, Governor Gerardo EspinaJr and Kawayan Vice-Mayor Rodolfo Espina. Clearly, this first nominee does not belong to the marginalized and underrepresented sector. Moreover, she ran for Naval Vice Mayor in 2010 but lost but this does not mean she is no longer an economic and political power, it just means that shes disqualified to be a nominee for having ran and lost in the previous election.

Political clans still strong in EV

Cebu Daily News First Posted 08:04:00 05/16/2010 Filed Under: Politics Xxx Meanwhile, in the island-province of Biliran, three-term Gov. Roger Espina (NP) and his brother Gerardo Espina Jr. (NP), a former congressman, were officially declared winners as congressman and governor, respectively. Gov. Espina defeated incumbent Rep. Glenn Chong of Lakas while Gerryboy Espina won over Charles Chong (Lakas), the congressman's father. The Espina sibling's father, Gerry Espina Sr., a former congressman, and brother, three-term Kawayan town Mayor Rodolfo Espina, both won as NP bets for mayor and vice mayor of Kawayan, Biliran. But their sister, Roselyn Espina Paras, lost in her bid for vice mayor of the capital town of Naval. [http://globalnation.inquirer.net/cebudailynews/visayas/view/20100516-270294/Political-clans-still-strong-in-EV, sighted on August 10, 2012.]

15

Second nominee Azalea D. Hidalgo is a former councillor in Naguilian, La Union. Hidalgo ran and lost in the 2010 mayoral race. Third nominee Julienne L. Baronda was a former Iloilo city councilor who also ran and lost in the 2010 vice mayoral elections. By including these disqualified nominees in its roster of nominees, 1Pinoy violated the election law which requires that a party-list group shall not include as nominees those who previously ran and lost in the immediately preceding election: Sec. 8 Each registered party, organization or coalition shall submit to the COMELEC xxx a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. xxx The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election.

(15)

Alliance for Reforms Towards Effective Management and Sustainable Development First nominee Gwendolyn Durano is the Mayor of Dinagat Islands since 2004. She belongs to the rich and politically powerful Ecleo clan. Clearly, she does not belong to the marginalized and underrepresented sector and could very well run in the regular elections. Second nominee Jose Aspiras, is the lawyer of Ruben Ecleo Jr. This group, as evidenced by the composition of its nominees, would clearly represent not the interest of the marginalized and underrepresented but the interests of the Ecleo family. Meanwhile, nominee Jannis Teopo is the owner of San Jose Dinagat Mining Corporation. His interest is clearly adverse to the interest of the sector he intends to represent.

(16)

Agbiag! Timpuyog Ilocano (Agbiag) Agbiag claims to represent the agricultural sector of farmers. However, none of its nominees belong to that sector. Current representative and first nominee for 2013 is Patricio Antonio, former Cagayan 1ST District Representative from 1995 to 1998 and member of a major political party Lakas-NUCD. His net worth as of 2011 is P55.642 Million, one of the richest party-list congressmen. Clearly, Antonio is capable in running and winning in regular elections. Neither does he belong to the sector he claims to represent. Agbiag has no bona fide intention to represent the agriculture sector as it claims. During its term in Congress, it failed to contribute any legislation which benefited the farmer sector. For 3 years, as member of
16

the 15THCongress, Abiag, through its representative Antonio, was only able to author 3 House Resolutions and 0 House Bills. These 3 resolutions do not pertain to anything related to the farmer or agricultural sector. (17) BAGONG HENERASYON (BH) BH party-list claims to represent youth, women, and urban poor sectors. BH claims to have been founded as a Non-Government Organization in 2001, as a Foundation in 2003, and as a Party-list in 2009. Curiously, it was in 2001 when Bernadette Herrera-Dy started her political career as councilor of Quezon City. During her term, Herrera-Dy became more commonly known to her constituents as BH. Just like any other politicians, BH (the politician) founded her own foundation. She had her family to help her incorporate the same as she admits in their very own website: She then encouraged her brother Alexis,(now Councilor Kuya Alex Herrera of the first district of Quezon City) cousins Derrick Custodio and Victor Garcia (now Board Member of the Province of Aklan West)and good friend Bong Bustamante to join her and officially register Bagong Henerasyon Foundation, Inc. with the Securities and Exchange Commission in January 9,2003. They adopted the name of the NGO that the supporters of BH formed in February 2001,the Bagong Henerasyon, Inc. which has actually started the projects of the foundation as the NGO registered with SEC as well.8 BH (the foundation) is actually set up for the benefit of BH (the politician). It was not intended to become a separate group but rather an organization to facilitate the advocacy of BH (the politician) as councilor of Quezon City, as she is mandated to perform as an elected public officer. Therefore, strictly speaking, BH (the foundation) is not an organization comprised of members of sectors as such. Rather, it is an organization comprised of supporters of BH as a politician. This arrangement is prohibited because it is intended to circumvent the electoral system, including the party-list system. BH (the politician) intended to become a member of Congress. But considering that Quezon City is already teeming with personalities with strong political backing. Thus BH the politician became BH the party-list. This is a clear violation of the electoral system. She not only circumvented the party-list elections, she also circumvented the district representation of Quezon City. In 2009 in its application for registration as a party-list with Comelec, in order to justify its track record of prior advocacy, BH (the
8

See http://bagonghenerasyon.org/information.html

17

foundation) claimed to have given service and programs to its constituents since its establishment as an NGO in 2001. But it must be noted that the period covering this is equivalent to the term of BH (the politician) as a councilor of Quezon City. Thus, the services rendered by BH (the foundation) is none other than the services that BH (the politician) is CONSTITUTIONALLY MANDATED to perform, being an elected public officer, and using public funds. BH (the foundation) could not possibly claim these achievements as its own for the purposes of proving proportional representation for the party-list elections. Moreover, it is a government-funded entity at the time BH (the foundation) applied for registration with Comelec, because its founder and principal is then an incumbent public officer, and the money used in the advocacy came from the government. That is the explanation why we have a curious case of a party-list with a name the same as that of its representative. This anomaly must be put to an end. It is a mockery of the electoral process and puts the same in disrepute! Further evidence that BH (the party-list) is merely a creation of the family of BH (the politician), we only have to look at its nominees both for 2010 and 2013 elections: Bernadette Herrera-Dy and her husband businessman Edgar Allan D. Dy. Edgar does not belong to any of the sectors that BH (the party-list) claims to represent. He is neither a woman, youth, much less an urban poor.

(18)

Ako Bisaya Political Party (AKO BISAYA)

First nominee Nerissa Corazon Soon-Ruiz was a member of a major political party KAMPI and the One Cebu Party until she transferred to the Nacionalista Party and ran in the Mandaue mayoral election in 2010. She lost in that election clearly disqualifying her to be a nominee under RA 7941, Section 8 and Comelec Resolution 9366. She has been elected to five terms as a Member of the House of Representatives of the Philippines, representing the Sixth District of Cebu from 1992 to 1998, and from 2001 to 2010. Ako Bisayas registration must also be denied or cancelled because it submitted in its list of nominees Cong. Soon Ruiz in violation of RA 7941 which orders a party list group not to submit the name of a person who has ran and lost in the previous election, to wit: Sec. 8 Each registered party, organization or coalition shall submit to the COMELEC xxx a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. xxx The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election
18

(19)

ABYAN ILONGGO (AI) In February 2012, Abyan Ilonggo filed its Petition for Registration and Accreditation with this Honorable Commission as a political party based in Region VI. The group was represented by Rolex T. Suplico as the Party President. However, in the list released by this Honorable Commission regarding party-list groups pending with this Commission, it included Abyan Ilonggo. And indeed, this group even submitted a list of nominees, namely Rolex T. Suplico, Diana G. Biron, Jose Christopher N. Fornier II,
Lyndeen John D. Deloria and Francis G. Lavilla. In addition to this, it is unclear which marginalized and underrepresented sector Abyan Ilonggo seeks to represent. However, following the title of its original petition with this Honorable Commission, Abyan Ilonggo is trying to represent the whole of Region VI, the Western Visayas. This fact clearly disqualifies AI to participate in the party-list system because Region VI is not a sector as enumerated under the law, nor a marginalized and underrepresented sector. In fact, Region VI is already fully represented in Congress. It consists of 6 provinces Aklan, Antique, Negros Occidental, Capiz, Guimaras and Iloilo. It has a total of 16 Congressional districts. On the other hand, its first nominee and party president Rolex T. Suplico has already entered Congress. He was Congressman for the 5Th District of Iloilo from 1998 to 2007. Second nominee Diana G. Biron does not belong to the marginalized and underrepresented sectors. She is the President of Phil Pharmawealth, which is heavily involved in drug importation and trading business. In the website of Philippine International Trading Corporation, it lists therein 5 branches of FERJ Pharmacies in the province of Iloilo. Biron is also the mother of incumbent Representative of the 4Th District of Iloilo, Ferjenel G. Biron. Birons listed net worth in 2004 is P231 million. Neither does third nominee Jose Christopher N. Fornier II belong to the marginalized and underrepresented sector. He is related to the powerful and political clan of the Forniers of Antique.

II.

PARTY LIST GROUPS CREATED BY THE RICH AND THE POWERFUL TAKING OUT SEATS THAT SHOULD HAVE BEEN FOR THE POOR AND THE POWERLESS

The next set of party list groups which should be disqualified together with their nominees actually are no different from the first set considering that those economically powerful clans always cross to the politically powerful or vice versa. The nuance however is the fact that these groups come from the economic elite and practically
19

represent the mainstream, and never the marginalized. Moreover, the economic interests of these personalities are always in contradiction and adverse to the interest of the marginalized and underrepresented sectors enumerated by law. The Supreme Court itself has stated, Surely, the interests of the youth cannot be fully represented by a retiree; neither can those of the urban poor or the working class, by an industrialist. To allow otherwise is to betray the State policy to give genuine representation to the marginalized and underrepresented.

(1)

Aksyon Magsasaka-PartidoTinig ng Masa with nominee Margarita Tingting Cojuangco A glance at the groups first nominee of this supposedly peasant/farmer group would show that it has no business in joining the party-list system of elections and created merely by the landlords of this country to circumvent the law. The first nominee of this group is Margarita Tingting Cojuangco, governor of Tarlac for 6 years, wife of Jose Peping Cojuangco, owners of Hacienda Luisita, a vast sugar estate which was recently ordered by the Supreme Court to be distributed to the farmers. Cojuangco has no business representing farmers since she is a big landlord. The land dispute surrounding Hacienda Luisita has resulted to the death of 14 farmers and injury to at least 200 workers in November 2004. It took the farmers of Luisita at least 45 years to attain land reform which was denied to the by the Cojuancos, and necessitated the intervention of the Supreme Court. This clearly shows that Margarita Cojuancos track record negates any advocacy of uplifting the rights and welfare of the farmers. Aside from having interest adverse to the sector she claims to represent, Cojuanco already served as a former governor of Tarlac from 1992 to 1998. Moreover, Cojuangco intended to run for vice governor of ARMM under PDP-Laban last year but her nephew, President Aquino, pushed to postpone the elections and synchronize it with the 2013 elections. Without even commenting that Cojuanco does not belong to ANY marginalized and underrepresented sectors, it shows that she has the financial and political machinery to compete in regular elections. The participation of this group as represented by Cojuanco will put the electoral process in mockery and disrepute, in the same manner that Ang Galing Pinoy through Mikey Arroyo placed the party-list system in mockery and ridicule of the entire nation.

(2)

Movement of Women for Change and Reform (MELCHORA)

While its first nominee, Mary Grace Ibuna, is clearly a woman, this does not automatically entitle her and her group a slot in the party-list system of elections. The 1987 Constitution, RA 7941 and the Supreme Court decision clearly stated that the nominees must belong the marginalized and underrepresented sectors. Clearly, Ibuna does not fit to this category. Ibuna, heiress to the wealthy Ibuna family, whose grandfather was one of the longest serving mayor of San Juan, Metro Manila (12 years), is heir of the late Congressman Iggy Arroyo whose assets are estimated to amount to hundreds of millions. Even if her husband has died, she is no different from the wives and children of political clans who are disqualified from the party-list system, since she has as resources the political and economic clout of Cong. Iggy Arroyo in Negros.

(3)

ABANG LINGKOD Abang Lingkod is not a party-list representing the farmers. Its founders, nominees and members are not farmers. This is a blatant violation of the party-lists laws. Its first nominee Joseph Stephen Paduano aka CarapaliLualhati, the national commander of the Revolutionary Proletarian Army-Alex Buncayao Brigade. Paduano and his group have been accused of being guns for hire by landlords of Negros and of human rights violations of farmers in the province of Negros. Second nominee Patrick Leonard Lacson is Board Member3 District of Negros Occidental. Contrary to the claimed advocacy of Abang Lingkod, Lacson is not a farmer, but rather a big landlord in the province of Negros.
rd

Not only do both Paduano and Lacson not belong to the peasants they claim to represent, but they actually represent an interest contradictory to the farmers and peasants.

(4)

ANG KASANGGA This group claims to represent the sector of Small Entrepreneurs. However none of its representatives, as well as nominees, ever belonged to this sector as they are large and powerful economic elites. Its representative in 2007 was Ma. Lourdes Tuason- Arroyo, sister of First Gentleman Mike Arroyo. She is neither a small entrepreneur nor marginalized and underrepresented. Ang Kasanggas current representative is businessman Teodorico T. Haresco. Haresco also sat on the Board of Directors of the PNOC. Haresco is the owner of several businesses no longer under the category of small enterprises. Haresco, who was the contractor builder of the hundreds of bridges under Pres. Gloria Arroyo, has admitted his huge
21

corporate assets in an Article entitled Teodoro Haresco: Business Leadership Awardee Novemebr 6, 2006 Ted Haresco has initiated business ventures in the Philippines. He has established WinSource Solutions, Inc., a call center outsourcing subsidiary; Winace Land Development Corp. Inc.; Boracay I-land Group Inc., Chaikofi Corp., Technostrat Corp., Winserve Risk Management Consultants Inc. He chairs all these business enterprises with Winace Holding Phils., Inc., as the major holding corporation. [http://winsource.blogspot.com/2008/01/teodoro-tumbuconharesco-jr-business.html, sighted August 12, 2012] Haresco is also one of the richest congressmen, with P92.814 Million net worth for 2011. Another nominee of Ang Kasangga for 2013 is Gwendolyn Pimentel, a former senatorial candidate who ran under a major political party, Nationalista Party. Having ran and lost in an immediately previous election, she is not qualified to become a nominee of a party-list group for 2013. Moreover, Pimentel is neither marginalized nor underrepresented, for she belongs to an established political family. Likewise, third nominee Rene Villa is well known in Philippine government, having held high positions in the past and present administrations. He was the former Secretary of the Department of Agrarian Reform. Presently, he heads the Local Water Utilities Administration. (5) Association of Labor and Employees (ALE) ALE claims to represent the labor sector. However, contrary to the intent and purpose of the party-list law, its present representative and first nominee for 2013 elections, does not belong to the labor sector. Catalina Bagasina,the richest party-list congresswoman with P133.938 million net worth for 2011, owns businesses. Bagasina claims that she used to be a long-time employee. Assuming that such claim to be true, such fact does not cure the defect that presently and during the whole time of her nomination and term as ALE representative, she is not a worker, neither is she marginalized and underrepresented. She is not a worker, but an owner of a business. Hence, her interest is adverse to that of a worker and the sector that ALE claims it represents.

(6)

ANG GALING PINOY

22

Ang Galing Pinoy does not represent the marginalized and underrepresented sectors it claims to represent, as evidenced by its nominees and lack of track record. Moreover, AGP does not have any track record of representing these marginalized and underrepresented sectors. A majority, if not all, of its membership are not from and do not belong to these marginalized and underrepresented sectors as required by the Supreme Court in the Bagong Bayani case. Its founders/incorporators, leaders and nominees are not from and do not belong to these marginalized and underrepresented sectors. Its nominees do not have any track record of advocating for the rights and welfare of marginalized sectors such as security guards and unorganized groups of taxi, FX taxi, jeepney and bus drivers.

III.

NOMINEES WHO ARE OUTRIGHTLY DISQUALIFIED BECAUSE THEY RAN AND LOST IN THE PREVIOUS ELECTIONS

The nominees listed herein are disqualified because they ran and lost in the previous elections. Rule 4, Section 5 of the Comelec Resolution No. 9366 provides: The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. Not only the nominees, but their party-list groups must also be held liable for this violation of the election rules, which requires that a party-list group shall not include as nominees those who previously ran and lost in the immediately preceding election: Sec. 8 Each registered party, organization or coalition shall submit to the COMELEC xxx a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. xxx The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election.

(1) (2)

Salvacion Zaldivar- Perez of Ako Karay-a. She ran and lost in the 2010 elections. 1Pinoy Para sa Kalikasan: a. First nominee Roselyn Espina Paras, who ran for Naval Vice Mayor in 2010 but lost b. Second nominee Azalea D. Hidalgo ran and lost in the 2010 mayoral race. c. Third nominee Julienne L. Baronda ran and lost in the 2010 vice mayoral elections. Nerissa Corazon Soon-Ruiz of Ako Bisaya Political Party ran in the Mandaue mayoral election in 2010. She lost in that election.

(3)

23

(4)

Gwendolyn Pimentel, nominee of Ang Kasangga for 2013, ran for Senator in 2010, but lost.

IV.

GOVERNMENT-BACKED OR FUNDED PARTY-LIST GROUPS

The Supreme Court in the same Ang Bagong Bayani case prohibited the participation of any party or organization which gets assistance or funding from the government. The Supreme Court recognized that this kind of party-list is illegal and deleterious to the objective of the party-list law. The following party-list groups are an adjunct of, or a project or an entity funded or assisted by, the government. (1) ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD) ANAD does not represent any marginalized and underrepresented sector. ANAD is also an adjunct of, and receives funding and support from, the government, specifically the Armed Forces of the Philippines. ANAD, through its representative Pastor Alcover, Jr, claims that it is an organization composed mainly of former Maoist terrorist Communist Party of the Philippines-New Peoples Army- National Democratic Front (CPP-NPA-NDF) rebels, victims of Maoist terrorist atrocities and violence, and ordinary civilians whose love for freedom and democracy reigns supreme over any other political consideration. ANAD declares that its Mission is: To improve the plight of the Filipino poor by enacting laws towards poverty alleviation and economic concerns.At the same time save the country from the claws of Maoist communist terrorism which is one of the root causes of poverty. Clearly, this kind of group has no place in the party-list system because, while it espouses an ideology, it does NOT comply with the concept of proportional representation as illustrated by the Supreme Court in the case of Ang Bagong Bayani: Proportional representation here does not refer to the number of people in a particular district, because the party-list election is national in scope. Neither does it allude to numerical strength in a distressed or oppressed group. Rather, it refers to the representation of the marginalized and underrepresented as exemplified by the enumeration in Section 5 of the law; namely, labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

24

In addition, none of ANADs legislative measures during its 6 years in Congress pertain to any marginalized and underrepresented sectors. Moreover, ANAD is a group that receives support from, and assisted by, the government, through the AFP. This fact was revealed by the Mayuga Report, a report made by the Department of National Defense at the wake of the Hello, Garci scandal wherein various elements of the military were accused to have participated in electoral sabotage. The testimonies of the officers of the military, as well as the documents attached to the Mayuga Report reveal that the AFP has supported and assisted ANAD party-list in the 2004 national elections. The testimony of LTC Elmer Logronio, who was Operations Officer of the First Marine Brigade (KampoRanao, Marawi City) during the 2004 elections, stated that Col. Rey Ardo of J3, went to his area of responsibility and presented ANAD party-list on or about May 8 or 9, 2004. The instruction given them was to to distribute leaflets and information about Anad and to make sure manaloangAnad. LTC Ronald Villanueva, admitted in his direct campaign for ANAD: I will only reduce the influence of left leaning party list organizations by telling my personnel and asking the running people there how much he can contribute and if he can help Anad because it was given to me as additional assignment to help Anad. Clearly, ANAD is a group that is being supported by the government, through the AFP.

V.

PARTY LIST GROUPS WHICH THE COMELEC SHOULD INVESTIGATE FURTHER

This Honorable Commission should look further and investigate into these partylist groups. Most of these groups have advocacies which do not fit into the party-list system, specifically because they do not advocate for the marginalized and underrepresented sectors. This is in addition to the fact that the nominees and/or representatives of these groups do not belong the marginalized and underrepresented sectors they claim to represent.

25

(1)

The True Marcos Loyalist For God, Country & People Association of the Phil., Inc. (BANTAY) This group is led by Ma. Evangeline F. Palparan, spouse of Gen. JovitoPalparan. Palparan does not belong to the marginalized and underrepresented sector of society nor has she the track record of advocating for the marginalized and underrepresented. It is also unclear what marginalized sector BANTAY actually seeks to represent. The Marcos loyalists for that matter cannot be considered a marginalized sector under existing laws.

(2)

ALA-EH- Association of Local Athletics Entrepreneurs and Hobbyists Inc First nominee Elmer T. Anuran is president of Saved by the Bell Promotions and owner of the Touch Gloves Boxing Gym. Clearly, he does underrepresented sector. not belong to a marginalized and

Athletics entrepreneurs and hobbyists are not a marginalized sector under the law.

(3)

ANG MINERO There is doubt if the nominees of this group truly belong to the marginalized and underrepresented sector that the group seeks to represent. Its first nominee is mining engineer Luis R. Sarmiento. Its second nominee is Horacio Ramos, former Director of the Mines and Geosciences Bureau and Secretary of the Department of Environment and Natural Resources.

(4)

1-WILL SERVE The nominees do not belong to the marginalized and underrepresented sectors of society: Ferdinand Domingo who is a named partner of Domingo Tiu Reyno Santos Law firm; and Christopher Reyno, director of Arceo Equities and Manila Jockey Club.

(5)

SPORTS EXCELLENCE for HEALTHIER LIFE JOURNEY (SEL-J) This group does underrepresented sector. not represent a marginalized and

26

First nominee Jay Y. Lacnit is the CEO, SEL-J Pharma Corporation, one of the countrys biggest importers of drugs and medicines. The name of the partylist group is the same as the name of the company of the first nominee. Clearly this is intentional so that the group can bank on the name recall of the pharmaceutical company. Second nominee is Alexander L. Acain Jr., Managing partner of Guanzon Tanedo and Acain Law Firm. (6) YES WE CAN This group does not represent any marginalized and underrepresented sectors. Neither do its nominees belong the marginalized and underrepresented sectors. First nominee is Joshua John C. Santiago, barangay captain of San Lorenzo, one of Makatis richest baranggays. He was ordered suspended by the city council after he was found guilty of purchasing and failing to install 670 pieces of lampposts worth P24 million; issuing a P5.8 million check for a non-existent commuter shed and issuing a P300,000 check in the name of the Down Syndrome Association of the Philippines (DSAP). Second nominee is Tanya Katherine Rosales Lyttle aka Tanya Garcia, an actress married to former PampagaGovernor Mark Lapid.

(7)

Alliance for Rural and Agrarian Reconstruction Inc (ARARO) First nominee is Quirino Dela Torre, a retired police general who was the PNP regional chief at the time of the Hacienda Luisita Massacre in 2004. He clearly does not belong to the farmer sector. His interest, as proven by his track record is also adverse to the interest of the farmer sector which Araro claims to represent.

(8)

1-Asal Partylist This group claims to represent the urban poor sector. However, this claim is belied by the fact that no one of their nominees belong to said sector. First nominee Atty. Ryan Tanjutco is a resident of Corinthian Gardens. The second nominee is Raymundo R. Yupangco, who is an incumbent Manila City councilor. Third nominee is Maria Lourdes V. Tanjutco, a businesswoman and wife of first nominee. Clearly, this group do not belong to the party-list system of elections.
27

(9)

FXD/MC (WWW. FOREXDEALERS.COM CORP)

The advocacy of this group does not belong to the party-list system. The money-changing industry is not a marginalized sector. AAA Aviation Advancement Advocates Inc. This group does not represent any marginalized and underrepresented sector. Aviation advocates are not considered as marginalized sector under the 1987 Constitution. Moreover, the nominees of this group had previously held high positions in government. This means that they are neither marginalized nor underrepresented. First nominee Daniel A. Dimagiba is a former ATO chief. He was dismissed as Deputy Director General of the Civil Aviation Authority of the Philippines (CAAP)-due to a Carrier Operating Certificate issued to One Sky Aviation allegedly an air carrier in the Philippines, which turned out to be non-existent. He is married to a Court of Appeals Justice, LeonciaDimagiba. Second nominee is Cezar B. Germino, Director, Civil Aviation Training Center. Third nominee is Conrado G. Rosales Jr. Chief, Airspace and Traffic Management Division.

(10)

(11)

ASBI-LAkan (Aasenso Sa Barangay Lakan, Inc. ) The first nominee is Hermin E. Arceo, who is the presiding Judge of the RTC Branch 43 in San Fernando, Pampanga.He is also President of the Pampanga-Angeles City RTC Judges Association. Second nominee Ariel S. Arceo served as a Provincial Board member of Bulacan and President Philippine Councilors League. Clearly, they do not belong underrepresented sector of society. to the marginalized and

(12)

ABOT TANAW This group is another creation of former PAGCOR Chairman Efraim Genuino. First nominee is Dante Guevarra, former president of the Polytechnic University of the Philippines.

28

Its previous first nominee was Gerwin See, son-in-law of Pagcor chair Genuino. The previous nominees of Abot Tanaw for the 2010 elections were Pagcor consultants.

From the foregoing, KONTRA DAYA respectfully prays that this Honorable Commission investigate these party-list groups and their nominees and if it is determined by the Commission that they are not qualified as party-list groups and nominees:

A. Deny due course to the Petitions for Registration of the enumerated party-list groups; B. Remove and/or Cancel the Registration of enumerated accredited party-list groups. C. Deny due course the Certificate of Nomination filed by the party-list groups.

Sincerely,

FR. JOE DIZON

DEAN ROLAND TOLENTINO

BIENVENIDO LUMBERA

PROF. JUDY TAGUIWALO

BIBETH ORTEZA

MAE PANER

COL. GUILLERMO CUNANAN

WILFREDO MARBELLA

29

GLORIA ARELLANO

30