kontra daya's study/petition vs party list groups

7/31/2019 KONTRA DAYA'S STUDY/PETITION VS PARTY LIST GROUPS

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FOR: The Commission on Elections

THRU: Hon. Sixto Brillantes

Chairman, Commission on Elections

DATE: 13 August 2012

RE: 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

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-listsystem 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 party-

list 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 ofmarginalized 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.


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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-listgroups, 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 propriopowers 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. TheCommission may deny due course to the petition motu proprioor 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 proprioor 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


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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 verifiedopposition 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 ordisrepute, 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.


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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 thedeclared 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 atleast 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


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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, abona 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 twenty-

five (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 representmarginalized 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 notqualified to be nominated under the party list system must be cancelled for preciselyviolating the law such as those that submitted names of nominees who ran and lost inthe past elections. This is in violation of RA 7941 which orders a party list group not tosubmit 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 submitto the COMELEC xxx a list of names, not less than five (5), from whichparty-list representatives shall be chosen in case it obtains the requirednumber of votes. xxx The list shall not include any candidate for anyelective office or a person who has lost his bid for an elective officein the immediately preceding election


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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.

1G.R. No. 147613 also known as Ang Bagong Bayani case


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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. EricD. Singson, and Eric Owen Singson, Jr.

ADA party-list is obviously intended by the Singson political familyas a vehicle to get more seats in Congress and remain in power.

Its first nominee Eric D. Singson is a former deputy speaker in theHouse of Representatives and was a congressman in the 8 th, 9th, 10th and

12th Congress. His wife, Grace Singson, served as Mayor of Candon from1987 to 1995 and Congresswoman of 2

NDDistrict 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 FirstNominee. He is also the current Congressman of Ilocos Sur in this 15 thCongress.

The Singson, have been a political and economic power in Ilocosfor decades and could never be considered as belonging to amarginalized and underrepresented sector in Congress. They have been

very well represented in Congress as they have been since the 8thCongress. Neither do ADA and its nominees have any track record ofadhering to the advocacy of the rights and welfare of the marginalized andunderrepresented sectors.

Clearly, these nominees do not belong to the marginalized andunderrepresented sectors of peasants/farmers that ADA claims torepresent. It would be a major defeat for the party list system, if thispowerful political family gets a seat in Congress through a party-listelection.

(2) Alliance of Organizations, Networks and Associations of the Philippines,Inc (ALONA) with Danilo Suarez Jr, Joanna Suarez, and Alexis Abastillas-Suarez 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 Quezoncongressman from 1992-2001 and again 2004-2010, except in 2001-2004when his wife Aleta was the Congressman, making the Suarez family amember of Congress for more than twenty years !. Suarez, Sr. is also one

of the richest members of Congress. His congressional CV not only listshis bills but his memberships in the Manila Yacht Club, Makati SportsClub, Puerto Azul Country Club, Manila Polo Club, and a host of otherquite expensively extravagant activities. His business conglomerateextends 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


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of the Provincial Councilors League. Joanna Suarez the second nomineeis a sister and Alexis the third nominee is a sister in law of the firstnominee 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 thesame family should immediately raise the red flag on the part ofthis Honorable Commission since no honest to goodness, genuinegroup of the marginalized and the poor could really be controlled by asingle family. In fact, the Comelec should use this as conclusive evidencethat said organization is not genuine being a mere family enterprise. In thiscase, ALONA is not only a family enterprise but is an enterprise of a veryrich and powerful family.

Surely, no genuine party-list group can match the political andeconomic 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 AmandaBagatsing and Carlito Guiang

KABAKAs participation in the party-list system of elections is highlyquestionable. It is an already established political party in Manila, where itfielded candidates in the Manila local elections since its founding andregistration in 1987. Even the official Comelec website lists KABAKA asone of the registered/accredited political parties for the 2010 national and

local elections.

2

And indeed KABAKA participated in the 2010 electionswherein it fielded a lone candidate Rep. Amado Bagatsing.3

KABAKA should not be allowed to participate in the party-listsystem. It is an already established political party and proven that it canwin in the regular district elections. Further, the Supreme Court hasalready said that political parties not representing the marginalized andunderrepresented sectors enumerated by law cannot join the party listelection.

In this case, it is obvious that KABAKA does not represent themarginalized and underrepresented sectors. It is a traditional political

party, fielding traditional politicians since its establishment.

First nominee Amanda Christina L. Bagatsing belongs to a politicalfamily and not a marginalized or underrepresented sector. Her father isRep. Amado Bagatsing, who was congressman of the 5

thDistrict of Manila

from 1987 to 1998, 2007 until present. Amanda Bagatsings uncle andAmado Bagatsings brother, Ramon Jr. was also congressman of the 4 thDistrict of Manila from 1987 to 1998. Their father, and Amandasgrandfather, Ramon, was former and longest serving Mayor of Manila(from 1971 to 1986) and also served as congressman of the 3 rd District ofManila from 1957 to 1971.

2http://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalParties, last sighted August

12, 20123

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
http://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalPartieshttp://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalPartieshttp://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalPartieshttp://www.comelec.gov.ph/?r=Elections/2010natloc/2010NatLocCandidates/PoliticalParties


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Clearly, the Bagatsing family is a powerful political clan in the 3 rd,4

thand 5

thdistrict of Manila.

Amanda has no track record of advocating for the rights andwelfare of the marginalized and underrepresented sectors. She was in the

news when the large entourage of Pres. Gloria Arroyo in Brazil and Japanwas criticized for its extravagant public spending, and Rep. Bagatsing andhis daughter Amanda were listed as among the 16 members of the Houseof Representatives who joined Pres. Arroyo together with their spousesand children.

Not only is KABAKA an admitted political party of the Bagatsingfamily but its nominees are family members and trusted supporters aswell.

(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

2ND District of Misamis Occidental (1987 to 1995, 1998 to 2001), and his

mother is Congresswoman Herminia Ramiro also of the 2ND

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.

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. TriciaNicole Velasco-Catera and Vincent Michael Velasco, a family enterprise ofJustice Presbitero Velasco.

The first 3 nominees of this group all came from the family ofJustice Presbitero Velasco First Nominee Lorna Q. Velasco is his wife;Second and Third nominees Atty. Tricia Nicole Velasco-Catera andVincent Michael Velasco are his children.

Justice Velascos other son, Lord Allan Jay, is currently aCongressman representing the lone district of Marinduque.

None of these nominees, and even AMA itself, have any trackrecord in adhering or advocating for the interest of the sector they wish torepresent. Neither do these nominees belong the marginalized andunderrepresented sector they wish to represent. Even at the minimum,they do not belong to any marginalized and underrepresented sector asrequired by law.

On the contrary, the Velascos are very powerful politically andeconomically, considering that they have as head of the family a sittingmember of the Supreme Court of the Philippines, the highest court of this


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country. They are also represented in the House of Representatives,through Rep. Lord Allan Jay Q. Velasco, the Congressman for the LoneDistrict 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 thealready powerful, well-connected

(6) AA KASOSYO

Its current representative is Nasser C. Pangandaman, who servedas Secretary of the Department of Agrarian Reform during theadministration 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 marginalizedand underrepresented person. But the Honorable Commission may askhim for hisSALN. In any case, AA Kasosyo and Rep. NasserPangandaman is disqualified because both do no belong to themarginalized and underrepresented and are in fact, economic and politicalpowers in their area. They have not even genuinely advocated for themarginalized sectors they claim to represent,

The first immediately noticeable fact that AA KASOSYO is aPangandaman creation is its current set of nominees for the 2013elections Nasser Pangandaman, Raynor Taroy, Renato Alano, MariaLiza Resurrection and Roseten Tugaff. It must be remembered thatNasser Pangandaman was not in the list of nominees in the 2010 electionsubmitted by AA KASOSYO, which were then composed of SolaimanPangandaman, Raynor Taroy, Percival Peralta, and Roseten Tugaff. Butall of these nominees suddenly resigned, and behold, NasserPangandaman who was then in office as DAR Secretary, suddenlyappeared as the 6

thnominee.

The integrity of AA KASOSYO is put into question immediately asthe nominees, namely Raynor Taroy who was a DAR official ofPangandaman and Roseten Tugaff, are now again nominees of AAKasosyo as if their resignation in 2010 was a mere game of revolvingchairs subject to the whims of Nasser Pangandaman. AA Kasosyo and itsnominees must be disqualified for putting the election process inmockery or disrepute, which clearly demonstrate that AA Kasosyo and itsnominees have no bona fide intention to represent the sector they claim torepresent.

The second immediately noticeable fact about AA Kasosyo is itswebsite

4posted in the internet and the Congressional websitewhich is

by no stretch of imagination could be that of the marginalized andunderrepresented. It talks about repairing his sprinklers for his plants andflowers showing orchids and lots of flowers and the fact that his wifesaying she wants to experiment this cannoli cake. I know they will sayFilled with delicious ricotta, fresh berries and semisweet chocolate chips,Sargentos cannoli cake recipe will leave you begging for more andanother one on picnics which states that The next time, I will let my kids

4http://www.aakasosyo.org/, website of AA Kasosyo sighted August 10, 2012

http://www.congress.gov.ph/members/
http://www.sargento.com/recipes/64/cannoli-cake/http://www.sargento.com/recipes/64/cannoli-cake/http://www.aakasosyo.org/http://www.aakasosyo.org/http://www.aakasosyo.org/http://www.congress.gov.ph/members/http://www.congress.gov.ph/members/http://www.congress.gov.ph/members/http://www.aakasosyo.org/http://www.sargento.com/recipes/64/cannoli-cake/


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eat first before bringing them to any gathering so that they will enjoy.This outrageous so rich and so not marginalized statements cannot bethat of a marginalized sector whose main concern, instead of the risingprices of basic commodities, or low wages of workers, or discrimination, orinjustice, 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 theparty-list system and the COMELEC as well. Even if AA Kasosyo hasbeen previously approved by this Honorable Commission, now that it isaware of its political patron it must cancel the registration of thisabomination to the party-list system.

(7) Kapatiran ng mga Nakakulong na Walang Sala (KAKUSA) with nomineesJesusa 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 Staffof 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 theJalosjos 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.

5 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 angKAKUSA ang wala makadawat sa serbisyo nga unta ilaha tungod kay ang Minilyon nga pundo isip kongresista tua manmopadulong 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, 2011http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/sighted Aug 10, 2012].
http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/http://tingogpeninsula.com/2011/12/cong-canonigo-mibiya-sa-app-ni-jalosjos/


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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 firstnominee 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

6Attached as ANNEX A of this letter. Also available athttp://www.sunstar.com.ph/iloilo/families-flaunt-political-

charisma-iloilo, last sighted August 8, 2012
http://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilohttp://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilohttp://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilohttp://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilohttp://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilohttp://www.sunstar.com.ph/iloilo/families-flaunt-political-charisma-iloilo


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congresswoman, and daughter Sharon as nominee for party-list

Aambis-OWA.

Clearly, the party-list route is just another ruse of the alreadypolitically powerful Garins in order to have more positions in Congress.

(9) AKO Karay-A (AK)

Its first nominee Salvacion Zaldivar-Perez is disqualified from beinga nominee for a party-list group because she does not belong to amarginalized and underrepresented sector, and also because she has ranand lost in the 2010 elections.

Perez is already a politician in her own right, having served as theGovernor of the province of Antique from 2001 until 2010. In 2010 she ran

for Congress but was defeated. Clearly, Perez does not belong to themarginalized and underrepresented sector.

She is further disqualified to be a nominee for a party-list groupbecause she previously ran and lost in an election. Rule 4, Section 5 ofthe Comelec Resolution No. 9366 provides: The list shall not include anycandidate for any elective office or a person who has lost his bid for anelective office in the immediately preceding election.

By including Perez in its roster of nominees, AK violated theelection law which requires that a party-list group shall not include as

nominees those who previously ran and lost in the immediately precedingelection:

Sec. 8 Each registered party, organization or coalition shall submit to theCOMELEC xxx a list of names, not less than five (5), from which party-listrepresentatives shall be chosen in case it obtains the required number ofvotes.xxx The list shall not include any candidate for any elective office or aperson who has lost his bid for an elective office in the immediatelypreceding elections.

(10) Alliance of Mindanao Elders

A perusal of its first nominee would clearly show that this group notonly failed to comply with the requirements of a party-list group, but alsohas no bona fide intention to represent Mindanao Elders in Congress. Itsparticipation, through its nominee, would only result in the mockery anddisrepute of the electoral process.

Its first nominee, Jorge L. Banal, is the father of Quezon CityCongressman Bolet Banal and an appointed acting member of the boardof 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. Hecomes from a political family and presently very close to the Aquinoadministration.


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A known Quezon City political figure, Banal has no track record ofbeing an advocate of the welfare of the Minadano peoples, nor ofMindanao elders.

(11) Abante Retirees Partylist Organization (ABANTE RETIREES)

First nominee Plaridel M. Abaya does not belong to themarginalized and underrepresented sector.

He was previously a congressman, representing the First District ofCavite from 1995 to 2005.

He is the father of current Cavite Congressman and HouseAppropriations 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 asproven, not only can he win in the regular election system but he and hisclan are political and economic powers and do not be marginalized andunderrepresented.

It is also of note that the Abaya family has close ties with thepresent Aquino administration.

(12) Ako Ang Batang Sora (ABS)

As mentioned above, one of the red flags in exposing a fake party-list group which has no intention of genuinely representing themarginalized and underrepresented is if its nominees have the samesurnames or are related as a family as this ABS party list is.

First nominee Vanessa Rose Susano Francisco is the niece offormer Representative Mary Ann Susano. Another nominee, MaricelSusano Francisco is the sister of the first nominee.

Another nominee, Michael Ryan Susano Francisco, is the brotherof the 1

stand 2

ndnominee.

Clearly, ABS has no bona fide intention to represent themarginalized and underrepresented sectors they claim to represent.Rather, ABS is established to promote the interest and maintain politicalpower of the Susano Francisco clan.

All these personalities do not belong to the marginalized andunderrepresented sector ABS claim to represent. Neither do they haveany 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 apolitical family and economic power being the son of plastics kingWilliam Gatchalian. He is brother to incumbent Valenzuela Mayor SherwinGatchalian and to Rex Gatchalian who is Representative of 1st District ofValenzuela from 2007 to present.

In addition, the credentials of first nominee Weslie T. Gatchalianreflect that he does not belong to the marginalized and underrepresented


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sector Alay Buhay claims to representby his very own admission he isboth owner and executive officials in many of his familys huge businessenterprises:

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 servedas its Treasurer since January 19, 2006.

Treasurer of Forum Pacific Inc.

Vice President of Marketing and Operations for Metro AllianceHoldings & 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.

(14) 1Pinoy Para sa Kalikasan, Inc.

The nominees of this group are disqualified under the party-list lawbecause they do not belong the marginalized and underrepresented

sectors, and also for having run and lost in the 2010 elections, animmediately preceding election.

First nominee Roselyn Espina Paras is from the politically powerfuland well-connected Espina Clan in Eastern Visayas

7. Her father is former

Congressman and now Kawayan Mayor Gerry Espina Sr. Her brothers arealso 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 andunderrepresented sector.

Moreover, she ran for Naval Vice Mayor in 2010 but lost but thisdoes not mean she is no longer an economic and political power, it justmeans that shes disqualified to be a nominee for having ran and lost in theprevious election.

7 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.]
http://services.inquirer.net/tagcloud/keyword.php?tag=Politics&id=300&imp=http://services.inquirer.net/tagcloud/keyword.php?tag=Politics&id=300&imp=http://services.inquirer.net/tagcloud/keyword.php?tag=Politics&id=300&imp=http://globalnation.inquirer.net/cebudailynews/visayas/view/20100516-270294/Political-clans-still-strong-in-EVhttp://globalnation.inquirer.net/cebudailynews/visayas/view/20100516-270294/Political-clans-still-strong-in-EVhttp://services.inquirer.net/tagcloud/keyword.php?tag=Politics&id=300&imp=


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Second nominee Azalea D. Hidalgo is a former councillor inNaguilian, La Union. Hidalgo ran and lost in the 2010 mayoral race.

Third nominee Julienne L. Baronda was a former Iloilo citycouncilor 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 shallnot include as nominees those who previously ran and lost in theimmediately preceding election:

Sec. 8 Each registered party, organization or coalition shall submitto the COMELEC xxx a list of names, not less than five (5), from whichparty-list representatives shall be chosen in case it obtains the requirednumber of votes. xxx The list shall not include any candidate for anyelective 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 SustainableDevelopment

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, wouldclearly represent not the interest of the marginalized andunderrepresented but the interests of the Ecleo family.

Meanwhile, nominee Jannis Teopo is the owner of San JoseDinagat Mining Corporation. His interest is clearly adverse to the interestof 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


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the 15TH

Congress, 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

registerBagong Henerasyon Foundation, Inc. with the Securities

and Exchange Commission in January 9,2003. They adopted thename 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 organizationcomprised 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

8Seehttp://bagonghenerasyon.org/information.html
http://bagonghenerasyon.org/information.htmlhttp://bagonghenerasyon.org/information.htmlhttp://bagonghenerasyon.org/information.htmlhttp://bagonghenerasyon.org/information.html


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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-listwith 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 urbanpoor.

(18) Ako Bisaya Political Party (AKO BISAYA)

First nominee Nerissa Corazon Soon-Ruiz was a member of amajor political party KAMPI and the One Cebu Party until she transferredto the Nacionalista Party and ran in the Mandaue mayoral election in2010. She lost in that election clearly disqualifying her to be a nomineeunder RA 7941, Section 8 and Comelec Resolution 9366.

She has been elected to five terms as a Member of the House ofRepresentatives of the Philippines, representing the Sixth District of Cebufrom 1992 to 1998, and from 2001 to 2010.

Ako Bisayas registration must also be denied or cancelled becauseit submitted in its list of nominees Cong. Soon Ruiz in violation of RA7941 which orders a party list group not to submit the name of a personwho has ran and lost in the previous election, to wit:

Sec. 8 Each registered party, organization or coalition shall submitto the COMELEC xxx a list of names, not less than five (5), from whichparty-list representatives shall be chosen in case it obtains the requirednumber of votes. xxx The list shall not include any candidate for anyelective office or a person who has lost his bid for an elective officein the immediately preceding election


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(19) ABYAN ILONGGO (AI)

In February 2012, Abyan Ilonggo filed its Petition for Registrationand Accreditation with this Honorable Commission as a political party

based in Region VI. The group was represented by Rolex T. Suplico asthe Party President.

However, in the list released by this Honorable Commissionregarding 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 underrepresentedsector Abyan Ilonggo seeks to represent. However, following the title of itsoriginal petition with this Honorable Commission, Abyan Ilonggo is trying to

represent the whole of Region VI, the Western Visayas. This fact clearlydisqualifies AI to participate in the party-list system because Region VI is not asector as enumerated under the law, nor a marginalized and underrepresentedsector.

In fact, Region VI is already fully represented in Congress. It consists of 6provinces Aklan, Antique, Negros Occidental, Capiz, Guimaras and Iloilo. It hasa total of 16 Congressional districts.

On the other hand, its first nominee and party president Rolex T. Suplicohas already entered Congress. He was Congressman for the 5Th District of Iloilofrom 1998 to 2007.

Second nominee Diana G. Biron does not belong to the marginalized andunderrepresented sectors. She is the President of Phil Pharmawealth, which isheavily involved in drug importation and trading business. In the website ofPhilippine International Trading Corporation, it lists therein 5 branches of FERJPharmacies in the province of Iloilo.

Biron is also the mother of incumbent Representative of the 4Th District ofIloilo, Ferjenel G. Biron. Birons listed net worth in 2004 is P231 million.

Neither does third nominee Jose Christopher N. Fornier II belong to themarginalized 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


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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 anindustrialist. To allow otherwise is to betray the State policy to givegenuine 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 supposedlypeasant/farmer group would show that it has no business in joining theparty-list system of elections and created merely by the landlords of thiscountry 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 theSupreme Court to be distributed to the farmers. Cojuangco has nobusiness representing farmers since she is a big landlord.

The land dispute surrounding Hacienda Luisita has resulted to thedeath 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 whichwas denied to the by the Cojuancos, and necessitated the intervention ofthe Supreme Court. This clearly shows that Margarita Cojuancos trackrecord negates any advocacy of uplifting the rights and welfare of thefarmers.

Aside from having interest adverse to the sector she claims torepresent, Cojuanco already served as a former governor of Tarlac from1992 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 2013elections.

Without even commenting that Cojuanco does not belong to ANYmarginalized and underrepresented sectors, it shows that she has thefinancial and political machinery to compete in regular elections.

The participation of this group as represented by Cojuanco will putthe electoral process in mockery and disrepute, in the same manner that

Ang Galing Pinoy through Mikey Arroyo placed the party-list system inmockery and ridicule of the entire nation.

(2) Movement of Women for Change and Reform (MELCHORA)


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While its first nominee, Mary Grace Ibuna, is clearly a woman, thisdoes not automatically entitle her and her group a slot in the party-listsystem of elections. The 1987 Constitution, RA 7941 and the SupremeCourt decision clearly stated that the nominees must belong the

marginalized and underrepresented sectors. Clearly, Ibuna does not fit tothis category.

Ibuna, heiress to the wealthy Ibuna family, whose grandfather wasone of the longest serving mayor of San Juan, Metro Manila (12 years), isheir of the late Congressman Iggy Arroyo whose assets are estimated toamount to hundreds of millions. Even if her husband has died, she is nodifferent from the wives and children of political clans who are disqualifiedfrom the party-list system, since she has as resources the political andeconomic clout of Cong. Iggy Arroyo in Negros.

(3) ABANG LINGKOD

Abang Lingkod is not a party-list representing the farmers. Itsfounders, nominees and members are not farmers. This is a blatantviolation of the party-lists laws.

Its first nominee Joseph Stephen Paduano aka CarapaliLualhati,the national commander of the Revolutionary Proletarian Army-AlexBuncayao Brigade. Paduano and his group have been accused of beingguns for hire by landlords of Negros and of human rights violations offarmers in the province of Negros.

Second nominee Patrick Leonard Lacson is Board Member-3rdDistrict of Negros Occidental. Contrary to the claimed advocacy of

Abang Lingkod, Lacson is not a farmer, but rather a big landlord in theprovince of Negros.

Not only do both Paduano and Lacson not belong to the peasantsthey claim to represent, but they actually represent an interestcontradictory 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


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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-tumbucon-

haresco-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 politicalparty, 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 Philippinegovernment, having held high positions in the past and presentadministrations. He was the former Secretary of the Department of

Agrarian Reform. Presently, he heads the Local Water UtilitiesAdministration.

(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


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Ang Galing Pinoy does not represent the marginalized andunderrepresented sectors it claims to represent, as evidenced by itsnominees 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, ofits membership are not from and do not belong to these marginalized andunderrepresented sectors as required by the Supreme Court in theBagong Bayani case. Its founders/incorporators, leaders and nomineesare not from and do not belong to these marginalized andunderrepresented sectors. Its nominees do not have any track record ofadvocating for the rights and welfare of marginalized sectors such assecurity guards and unorganized groups of taxi, FX taxi, jeepney and busdrivers.

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 theCOMELEC xxx a list of names, not less than five (5), from which party-listrepresentatives 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 aperson who has lost his bid for an elective office in the immediatelypreceding election.

(1) Salvacion Zaldivar- Perez of Ako Karay-a. She ran and lost in the 2010elections.

(2) 1Pinoy Para sa Kalikasan:a. First nominee Roselyn Espina Paras, who ran for Naval Vice Mayor in

2010 but lostb. 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.

(3) Nerissa Corazon Soon-Ruiz of Ako Bisaya Political Party ran in the Mandauemayoral election in 2010. She lost in that election.


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(4) Gwendolyn Pimentel, nominee of Ang Kasangga for 2013, ran for Senator in2010, 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 themarginalized 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.


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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 party-

list 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.


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(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 andunderrepresented sector of society nor has she the track record ofadvocating for the marginalized and underrepresented.

It is also unclear what marginalized sector BANTAY actually seeksto represent. The Marcos loyalists for that matter cannot be considered amarginalized 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 BellPromotions and owner of the Touch Gloves Boxing Gym.

Clearly, he does not belong to a marginalized andunderrepresented sector.

Athletics entrepreneurs and hobbyists are not a marginalized sectorunder the law.

(3) ANG MINERO

There is doubt if the nominees of this group truly belong to themarginalized and underrepresented sector that the group seeks torepresent.

Its first nominee is mining engineer Luis R. Sarmiento.

Its second nominee is Horacio Ramos, former Director of the Minesand Geosciences Bureau and Secretary of the Department ofEnvironment 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 not represent a marginalized andunderrepresented sector.


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First nominee Jay Y. Lacnit is the CEO, SEL-J PharmaCorporation, one of the countrys biggest importers of drugs andmedicines.

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 groupcan bank on the name recall of the pharmaceutical company.

Second nominee is Alexander L. Acain Jr., Managing partner ofGuanzon Tanedo and Acain Law Firm.

(6) YES WE CAN

This group does not represent any marginalized andunderrepresented sectors. Neither do its nominees belong themarginalized and underrepresented sectors.

First nominee is Joshua John C. Santiago, barangay captain ofSan Lorenzo, one of Makatis richest baranggays. He was orderedsuspended by the city council after he was found guilty of purchasing andfailing to install 670 pieces of lampposts worth P24 million; issuing a P5.8million check for a non-existent commuter shed and issuing a P300,000check in the name of the Down Syndrome Association of the Philippines(DSAP).

Second nominee is Tanya Katherine Rosales Lyttle aka TanyaGarcia, 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 whowas the PNP regional chief at the time of the Hacienda Luisita Massacrein 2004.

He clearly does not belong to the farmer sector. His interest, asproven by his track record is also adverse to the interest of the farmersector which Araro claims to represent.

(8) 1-Asal Partylist

This group claims to represent the urban poor sector. However, thisclaim is belied by the fact that no one of their nominees belong to saidsector.

First nominee Atty. Ryan Tanjutco is a resident of CorinthianGardens. The second nominee is Raymundo R. Yupangco, who is anincumbent 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 ofelections.


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(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.

(10) AAAAviation Advancement Advocates Inc.

This group does not represent any marginalized andunderrepresented sector. Aviation advocates are not considered asmarginalized sector under the 1987 Constitution.

Moreover, the nominees of this group had previously held high

positions in government. This means that they are neither marginalizednor underrepresented.

First nominee Daniel A. Dimagiba is a former ATO chief. He wasdismissed as Deputy Director General of the Civil Aviation Authority of thePhilippines (CAAP)-due to a Carrier Operating Certificate issued to OneSky Aviation allegedly an air carrier in the Philippines, which turned out tobe 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, Airspaceand Traffic Management Division.

(11) ASBI-LAkan (Aasenso Sa BarangayLakan, Inc. )

The first nominee is Hermin E. Arceo, who is the presiding Judge ofthe RTC Branch 43 in San Fernando, Pampanga.He is also President ofthe Pampanga-Angeles City RTC Judges Association.

Second nominee Ariel S. Arceo served as a Provincial Boardmember of Bulacan and President Philippine Councilors League.

Clearly, they do not belong to the marginalized andunderrepresented sector of society.

(12) ABOT TANAW

This group is another creation of former PAGCOR Chairman EfraimGenuino.

First nominee is Dante Guevarra, former president of thePolytechnic University of the Philippines.


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


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GLORIA ARELLANO

kontra daya's study/petition vs party list groups

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