kontra daya's second omnibus letter-complaint against some party list groups

7/31/2019 Kontra Daya's Second Omnibus Letter-Complaint against some Party list groups

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04 September 2012

HON. SIXTO BRILLANTES JR.

Chairman

Commission on ElectionsIntramuros, Manila

Dear Chairman Brillantes,

We, the undersigned individuals, all Filipinos, registered voters, are members of the

election watchdog groupKontra Daya, with office address at Erythrina Bldg., Maaralin cornerMatatag Sts. Central District, Quezon City.

The undersigned, as members ofKontra Daya, an anti-fraud and election monitoring

group, respectfully submit to the Honorable Commission this Supplement to the Letter dated 13

August 2012 filed by Kontra Daya members against party-list groups and their respectivenominees who seriously violate, and are defying and disregarding, the Honorable Commissions

Resolution No. 9513 (02 August 2012) and the doctrines enunciated in Ang Bagong Bayani-

OFW Labor Party v. Ang Bagong Bayani-OFW Labor Party Go! Go! Philippines(G.R. No.147589, June 26, 2001)and Bayan Muna v. COMELEC (G.R. No. 147613, June 26, 2001), as

said party-list groups do not represent the marginalized and underrepresented sector/s, and whosenominees do not belong to the marginalized and underrepresented sector/sbut in fact come

from the privileged sectors, with economic power and political influence, and who can otherwise

win in regular elections. They are using the party-list system as a backdoor to extend andperpetuate such power and influence, thereby taking away the party-list seats from the

marginalized and underrepresented sectors for whom the Constitution specifically allots and

designates for, thus:

WHEREAS, the Supreme Court, in Ang Bagong Bayani-OFW Party v. Commission on

Elections, emphasized that:

In the end, the role of the Comelec is to see to it that only those Filipinos who are marginalized

and underrepresented become members of Congress under the party-list system, Filipino-style.

WHEREAS, the Supreme Court, in the same Ang Bagong Bayanicase, laid down guidelines

culled from the law and the Constitution to assist the Commission in determining whether parties

and organizations comply with the requirements of the law, to wit:

Firstthe political party

, sector, organization or coalition must represent the marginalized and

underrepresented groups identified in Section 5 of RA 7941

Third, that the religious sector may not be represented in the party-list system

Fourth, a party or organization must not be disqualified under Section 6 of RA 7941, which

enumerates the grounds for disqualification

Fifth, the party or organizations must not be an adjunct of, or a project organized or an entity

funded or assisted by, the government

Sixth, the party must not only comply with the requirements of the law; its nominees must

likewise do so

Seventh, not only the candidate party or organization must represent marginalized and

underrepresented sectors; so also must its nominees


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Eighth while lacking a well-defined political constituency, the nominee must likewise be able

to contribute to the formulation and enactment of appropriate legislation that will benefit the

nation as a whole[Resolution No. 9513 (02 August 2012), Commission on Elections En

Banc]

PREFATORY STATEMENT

The Party-List System Desecrated by the OSG Contentions

Notwithstanding the unmistakable statutory policy, the Office of the Solicitor General submitsthat RA No. 7941 does not limit the participation in the party-list system to the marginalized

and underrepresented sectors of society.In fact, it contends that any party or group that is not

disqualified under Section 6of RA 7941 may participate in the elections. Hence, it admitted

during the Oral Argument that even an organization representing the super rich of Forbes Park orDasmarias Village could participate in the party-list elections.

xxx xxx xxx

Indeed, the law crafted to address the peculiar disadvantages of Payatas hovel dwellers

cannot be appropriated by the mansion owners of Forbes Park. The interests of these two

sectors are manifestly disparate; hence, the OSG's position to treat them similarly defies

reason and common sense. In contrast, and with admirable candor, Atty. Lorna Patajo-Kapunan

admitted during the Oral Argument that a group of bankers, industrialists and sugar planterscould not join the party-list system as representatives of their respective sectors.

While the business moguls and the mega-rich are, numerically speaking, a tiny minority,

they are neither marginalized nor underrepresented, for the stark reality is that their

economic clout engenders political power more awesome than their numerical limitation.Traditionally, political power does not necessarily emanate from the size of one's

constituency; indeed, it is likely to arise more directly from the number and amount of

one's bank accounts.

It is ironic, therefore, that the marginalized and underrepresented in our midst are the

majority who wallow in poverty, destitution and infirmity. It was for them that the party-

list system was enacted -- to give them not only genuine hope, but genuine power; to give

them the opportunity to be elected and to represent the specific concerns of their

constituencies; and simply to give them a direct voice in Congress and in the larger affairs

of the State. In its noblest sense, the party-list system truly empowers the masses and ushers a

new hope for genuine change. Verily, it invites those marginalized and underrepresented inthe past the farm hands, the fisher folk, the urban poor, even those in the underground

movement to come out and participate, as indeed many of them came out and

participated during the last elections.The State cannot now disappoint and frustrate them

by disabling and desecrating this social justice vehicle.

Because the marginalized and underrepresented had not been able to win in the congressional

district elections normally dominated by traditional politicians and vested groups, 20 percent ofthe seats in the House of Representatives were set aside for the party-list system. In arguing

that even those sectors who normally controlled 80 percent of the seats in the House could

participate in the party-list elections for the remaining 20 percent, the OSG and the

Comelec disregard the fundamental difference between the congressional district electionsand the party-list elections.

As earlier noted, the purpose of the party-list provision was to open up the system,in order to

enhance the chance of sectoral groups and organizations to gain representation in the House of

Representatives through the simplest scheme possible. Logic shows that the system has been


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opened to those who have never gotten a foothold within it -- those who cannot otherwise

win in regular elections and who therefore need the simplest scheme possible to do so.

Conversely, it would be illogical to open the system to those who have long been within it --

those privileged sectors that have long dominated the congressional district elections.

The import of the open party-list system may be more vividly understood when comparedto a student dormitory open house, which by its nature allows outsiders to enter the

facilities. Obviously, the open house is for the benefit of outsiders only, not the dormers

themselves who can enter the dormitory even without such special privilege. In the same

vein, the open party-list system is only for the outsiders who cannot get elected through

regular elections otherwise; it is not for the non-marginalized or overrepresented who

already fill the ranks of Congress.

Verily, allowing the non-marginalized and overrepresented to vie for the remaining seats

under the party-list system would not only dilute, but also prejudice the chance of the

marginalized and underrepresented, contrary to the intention of the law to enhance it. The

party-list system is a tool for the benefit of the underprivileged; the law could not havegiven the same tool to others, to the prejudice of the intended beneficiaries.

This Court, therefore, cannot allow the party-list system to be sullied and prostituted by

those who are neither marginalized nor underrepresented. It cannot let that flicker of hope

be snuffed out. The clear state policy must permeate every discussion of the qualification of

political parties and other organizations under the party-list system.[Ang Bagong Bayani-

OFW Labor Party v. Ang Bagong Bayani-OFW Labor Party Go! Go! Philippines, supra]

[Bayan Muna v. COMELEC, supra](Emphasis supplied)

(1) AKO BICOL PARTY-LIST (AKB)Ako Bicol is a regional political party that claims to represent the entire Bicol region,

which includes the privileged sectors, the business moguls and the mega-rich. It had openly

admitted in its pleadings submitted to the Honorable Commission in the case ofMarites Corteza-

Lopez et al. v. AKO BICOL Party-List (SPP No. 10-019) that, as a regional political party, it

represents the entire Bicol region and not a particular marginalized and underrepresented sector

or sectors.

As such, Ako Bicol and its representatives are a mere duplicate of all the districtcongressmen of the Bicol region, and are merely duplicating the functions and mandate of the

district congressmen of entire region. Clearly, the Bicol region is already very well represented

in Congress, as it has 14 congressional districts and is politically subdivided into 6 provinces, 1

chartered city, 6 component cities, 107 municipalities and 3,471 barangays.

A region is only a geographical formation in the country; therefor a region is not a

marginalized and underrepresented sector under the 1987 Constitution and theParty-List System

Act. In order to qualify, a (non-major) political party, whether national or regional, who wishes

to participate in the party-list system of elections must represent the specified and particular

marginalized and underrepresented sector or sectors, among other requirements under the law.

If Ako Bicol merely represents a region and does not represent a specified and particular

marginalized and underrepresented sector or sectors, its nominees necessarily do not have a

marginalized and underrepresented sector to belong to and represent. As such, its nominees

should likewise be disqualified for the simple reason that they are not representing any


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marginalized and underrepresented sector or sectors, and they themselves do not belong to any

marginalized and underrepresented sector or sectors. They all come from the privileged sectors

for being business moguls and mega-rich. Ako Bicol and its nominees are another classic

example by which the party-list system has been sullied and prostituted by those who are

neither marginalized nor underrepresented, as elucidated inAng Bagong Bayani.

Ako Bicol is simply a group masquerading as a party-list organization that is established,

run and funded by the Co family of Bicol and its corporations and foundation. Its nominees aremulti-millionaires led by their first nominee, Christopher Co (from Co clan in Bicol), whopresently lists P91.063 Million as his net worth for 2011 while the second nominee, Rodel

Batocabe, a lawyer, has a net worth of P30.237 Million. The group has been established, funded

and controlled by business tycoons, the mega-rich, and the powerful and influential family ofElizaldy and Christopher Co, owners of one of the largest groups of companies in the

Philippines, including Sunwest Group of Companies, Tektone Corporation, Lo-Tone

Corporation and Hi-Tone Corporation. Elizaldy Co, one of the largest contractors in Bicol,owns the largest resorts and hotels in Bicol, and has branched out to energy and other large

commercial investments.

The Co family owns huge investments in Misibis Resort, Embarcadero de Legazpi,

malls, energy plants and other major corporations and businesses worth billions in the Bicolregion and other provinces in the Philippines. Ako Bicol is run by the Co family through the

Delfin A. Co Foundation.

Christopher Co, who owns Lo-Tone Corporation and other Sunwest Group companies

together with Elizaldy Co, was a top income taxpayer in Bicol, together with Sunwest

Construction & Development Corporation, according to 2008 official records, thus:

Legazpi City -- The Bureau of Internal Revenue in Bicol (Revenue Region No.10) celebration of the 104th BIR Founding Anniversary last August 8, was

highlighted by the program giving recognition to the top taxpayers in the Bicolregion, and the national draw for the Premyo sa Resibo conducted electronically.

xxx

The top taxpayers in each Revenue District Office (RDO) in Bicol were classified

into two categories, the corporation and individual.

The top taxpayers in Bicol are: RDO-64, x x x

RDO-67, Legazpi City Bluestone Trading Corp., Sunwest Construction &Dev't. Corp., and DSB Construction & Supply (corporation); Christopher Co,

Tomas Raola, x x x.

The extent of power and wealth of the Co family shows that Ako Bicol and its nomineesdo not belong to nor represent the marginalized and underrepresented sectors. The Philippine

Daily Inquirerhas reported on the huge business investments of the Co family, to wit:

Multibillion-peso projects to boost Bicol tourism

By Jaymee T. Gamil, Southern Luzon Bureau

First Posted 18:12:00 08/16/2008

Filed Under: Economy, Business & Finance,Tourism

LEGAZPI CITY -- Albay may soon become the latest playground of the rich

and famous as the local Sunwest Group of Companies pours in more than

P3.2 billion to develop tourist destinations in this southern Tagalog province.


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DOE warns RP energy supply hits critical level

BicolMailBy RHAYDZ B. BARCIA

LEGAZPI CITY The countrys energy supply is on its critical levelcausing frequent power outages due to its inability to sufficiently support the

demand and reserve margin, Irma C. Exconde, assistant director at the

Department of Energy said.

x x x

Bicol is host to geothermal and hydroelectric generating plants which feeds the

Luzon Grid. Two of the major geothermal fields are in Tiwi, Albay which is

operated by Chevron and in Bacon (Sorsogon)-Manito (Albay), otherwise known

as BACMAN which is separately operated by the Philippine National Oil

Company (PNOC). Both geothermal plants have a combined installed capacity of496.20 MW.

x x x

Bicolano businessman and investor Elizaldy Zaldy S. Co of Legazpi City

has established a P800 million hydro power project in Catanduanes and

another P900 million worth of combined investments for windmill, solar and

hydro projects in Misibis, Cagraray Island in Bacacay, Albay in anticipation

of the looming energy crisis in the country beyond 2010.

How could business tycoons and the mega-rich have managed to be part of the party-list

system of elections, a situation that has been clearly proscribed by the Party-List Actand Ang

Bagong Bayani, when they can otherwise compete and win in regular elections (congressional

district elections)? Verily, the participation of Ako Bicol and its nominees in the party-list

system is, crystal clear, a mockery and a grave violation of the intents and purposes of our party-

list system of elections.

(2) AANGAT TAYOAangat Tayo claims to be a multi-sectoral national party representing workers, women,

youth, urban poor and the elderly. However, its track record in its 6 years in Congress reveals

that it never represented the marginalized and underrepresented sectors it claims to represent.

A review of its legislative track record would show lack of House Measures initiated by

Aangat Tayo that seek to uplift the lives of workers, women, youth, urban poor and the elderly.

In its 3 years during the 15th

Congress, it was able to author 1 token house bill for women and

wokers, and 0 for the youth, urban poor and the elderly:

1. HB02518 AN ACT MANDATORILY REQUIRING OWNERS AND/OROPERATORS OF MALLS, DEPARTMENT STORES, STALLS AND SIMILAR

ESTABLISHMENTS TO GRANT AND ALLOW THEIR WOMEN EMPLOYEES

ASSIGNED IN SALES 15-MINUTE RESTS EVERY TWO HOURS OF

CONTINUOUS AND UNINTERRUPTED SALES AND STORE OPERATION


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ASSIGNMENTS, AMENDING FOR THIS PURPOSE SECTION 132(a), CHAPTER 1,

TITLE III, OF THE LABOR CODE OF THE PHILIPPINES

2. HB03467 AN ACT TO GRANT A COMMUTABLE FIVE WORKING DAYSLEAVE OF ABSENCE, WITH PAY IN ADDITION TO EXISTING LEAVE

BENEFITS GRANTED TO GOVERNMENT AND PRIVATE EMPLOYEES, IN CASEOF DEATH OF ANY MEMBER OF HIS/HER FAMILY

This clearly shows that Aangat Tayo has no bona fide intention to represent the

marginalized and underrepresented sectors it claims to represent.

In addition, the current representative and first nominee, Daryl Grace Abayon, of

AANGAT TAYO does not belong to the marginalized and underrepresented sector.

Abayon belongs to a privileged sector, particularly from a powerful political clan. Herhusband, Harlin Abayon, served as Mayor of San Antonio in Northern Samar from 1982 to 1986,

Governor of Northern Samar from 1988 to 1998, and was a three-term Congressman for

Northern Samar from 1998 to 2007.

Abayon listed as her net worth for 2011 the amount of P23.443 million.

Moreover, AANGAT TAYO is an adjunct of the government, as it is headed by TeddieElson Rivera, the executive vice president of the Philippine International Trading Corporation.

This is in violation of the requirement that the party must not be an adjunct of, or a project

organized or an entity funded or assisted by, the government.

(3) A TEACHERA TEACHER represents private school owners and officials, a privileged sector. It does

not represent the marginalized and underrepresented teachers; as such, it does not represent a

marginalized and underrepresented sector in the party-list elections. Its nominees likewise do not

belong to the marginalized and underrepresented teachers. This group also has no bona fide

intention of representing the teachers sector, as evidenced by its track record and that of its

representatives and nominees.

While nominee Mariano Piamonte Jr. previously taught at private universities in Bulacan

and Davao, he was by no means a low-paid teacher as he was an influential school official and

administrator by being a Board Member in such universities and in several other schools.

Another nominee, Julieta Cortuna, does not belong to the marginalized and underrepresented

teachers, as she was a mere health and wellness trainer/advocate. Both are multi-millionaires

per their latest SALNs, with net worth of P5.113 million and P15.244 million, respectively.

Fifth nominee Joseph Noel Estrada is Emilio Aguinaldo Colleges Vice President for

Administration, Assistant Corporate Secretary and lead counsel. He is also a partner in

Gargantiel & Estrada Law Firm. Due to the nature of his position, Estrada does not belong to the

marginalized and underrepresented teachers.

A TEACHERs track record and its nominees reveal that they represent private school

owners and officials. In House Committee hearings and at plenary sessions, both incumbents

Piamonte and Cortuna, with Estrada as the representative of COCOPEA, have shown to be

intense defenders of private schools desire to always increase tuition and other fees, heightened


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deregulation of private schools, and have always sided with the position maintained by the

Catholic Educational Association of the Philippines (CEAP) and Coordinating Council of Private

Educational Associations (COCOPEA) for tuition fee increases and the profiteering nature of

private schools.1

In several news articles, Piamonte and A Teacher were in fact claimed by the

Federation of Private Schools and Administrators as their sectoral representative in Congress.2

The advocacies of A TEACHER and its nominees for the privileged sector running

counter to the interests of marginalized teachers is actually not surprising. In 1996, Piamonte was

Executive Director of CEAP and COCOPEA, while Estrada is the current Executive Director of

the Philippine Association of Private Schools, Colleges and Universities (PAPSCU), all are

organizations established for the interests of private school owners.

During the 15th

Congress, the two incumbents of A TEACHER have collectively filed

only eight bills, six by Cortuna and two by Piamonte (one he merely re-filed from the 14th

Congress). Of the said total, only two are related to education.

During the second to the last session day of the 14th

Congress, Piamonte delivered a

speech in which he admitted that A TEACHERs beginnings were closely related to his and his

fellow COCOPEA and CEAP officers roles and positions, that A TEACHER won in the 2007

elections thanks to the help of the private schools, especially the ESC (Education Service

Contracting) and participating schools of the COCOPEA, CEAP, CEM and other organizations

and individuals. Piamonte in effect admitted that A TEACHER won because of private schools,

including those receiving public funds through a DepEd program, for which he zealously

campaigned for even before becoming a Congressman. He also admitted of acting in conflict of

interesthe served as consultant to CEAP Board (composed of owners of the largest Catholic

schools in the Philippines) from July 2007 to April 2008, and at the same time he was posinghimself as the representative of teachers in Congress. We should also note that, in that speech,

Piamonte aired internal money and power wrangling within A TEACHER to the extent of

berating his fellow incumbent, Rep. Ulpiano Ulan Sarmiento IIIwith the former displaying

character not befitting teachers in an hour-long speech which amounted to, in the words of the

late Rep. Escudero, washing dirty linen in public. Also, he admitted in his speech that, A

TEACHER Party-List is the only party-list which can fully guarantee...the interest and welfare of

private education.3

Clearly, A TEACHER does not represent the marginalized and underrepresented sector

of teachers, and its nominees do not belong to the marginalized and underrepresented sector. Itdoes not have any bona fide intention to represent the marginalized and underrepresented

teachers.

(4) BUHAY Party-listBuhay claims to represent the following sectors the unborn, the sick, the disabled and

others not capable of protecting themselves alone, through observance of their basic right to live.

1Committee Daily Bulletin, Meeting of the Committee on Higher and Technical Education, 9 May 2012. Also,

Moratorium on Tuition & Fee Increases Pushed, 29 April 2009 House of Representatives press release; and

Rosales backs tuition freeze, published by Manila Bulletin in February 2009.2

For instance, one in January 2010 published by Malaya.3

Congressional Record, 2 February 2010, Pages 11 to 19.


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However, none of its present representatives in Congress and nominees for 2013

elections belongs to the said sectors, especially the sector of handicapped and persons with

disabilities.

First representative Mariano Velarde Jr. happens to be the son of El Shaddais Mike

Velarde, and has a personal net worth of P53.326 million for 2011. He does not belong to any ofthe marginalized and underrepresented sectors Buhay claims to represent; he is not unborn, sick,

disabled, nor incapable of protecting himself.

So is second representative Irwin Tieng, whose net worth amounts to P20.054 and whose

family owns Solar Sports. He does not belong to any of the marginalized and underrepresented

sectors Buhay claims to represent; he is not unborn, sick, disabled, nor incapable of protecting

himself.

Second nominee for the 2013 elections is Jose L. Atienza, more famously known as

former Manila Mayor Lito Atienza, who served as such from 1998 to 2007. Previous to that, hewas the Manila Vice Mayor from 1992 to 1998. He also held other high positions in government,

being appointed by former President Gloria Arroyo as the Secretary of Department of

Environment and Natural Resources. Clearly, Atienza can compete and win in regular elections

(congressional district elections). Moreover, Atienza is a member of the privileged sector, and

does not belong to any of the sectors that Buhay claims to represent.

(5) Ang National Coalition of Indigenous Peoples Action Na! Inc. (ANAC-IP)The first nominee Jose T. Panganiban Jr. belongs to the privileged sector as he is the

current Vice Mayor of Angandanan, Isabela, and his wife Lourdes G. Segarra-Panganiban

meanwhile is the Mayor of Angandanan.

Clearly, Panganiban could not claim to belong to any marginalized and underrepresented

sector. He can very well run in regular elections.

(6) Alliance Advocating Autonomy Party (1AAA PARTY)First nominee Pantaleon D. Alvarez belongs to a privileged sector, and not to any

marginalized and underrepresented sector. He served as Congressman for the First District of

Davao Del Norte from 1998 to 2001. He also served as the Transportation and Communications

Secretary under the administration of President Arroyo from 2007 to 2010. Obviously, he can

win in the regular elections.

(7) Agricultural Sector Alliance of the Philippines (AGAP)AGAP claims to represent the farmers sector. However, its current representative

Nicanor Briones does not belong to the farmers sector. Rather, he owns a big security firm,

Audacious Services. His 2011 net worth is a total of P46.618 Million, and considered as one of

the wealthiest party-list congressmen.

(8) You Against Corruption and Poverty (YACAP)YACAP formerly stood for "Youth Against Corruption and Poverty. However, it

became You Against Corruption and Poverty when its representative exceeded the age limit

for the youth sector. It is not clear as to what sector/s it seeks to represent, as corruption and

poverty are not sectors but mere issues. This is a clear violation of the party-list law and the


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Supreme Court guidelines which clearly mandated that a party-list group must represent a

marginalized and underrepresented sector/s and that its nominees must likewise belong to the

marginalized and underrepresented sector/s.

The failure of YACAP to represent any marginalized and underrepresented sectors is

reflected in its legislative track record. In the 15th

Congress, YACAP seems to be engrossed incommending boxers and beauty queens, and produced none for any specific marginalized and

underrepresented sectors:

1. HR00622RESOLUTION COMMENDING AND CONGRATULATING HON. EMMANUEL

DAPIDRAN PACQUIAO FOR HIS REMARKABLE TWELFTH ROUND

VICTORY OVER ANTONIO MARGARITO OF MEXICO, VIA UNANIMOUS

DECISION, ON THEIR BOXING MATCH HELD ON NOVEMBER 13, 2010 AT

TEXAS, USA, TO CLAIM THE WBC SUPER WELTERWEIGHT TITLE,

THEREBY BECOMING THE ONLY BOXER TO WIN EIGHT TITLES INDIFFERENT DIVISIONS DURING HIS CAREER

2. HR01000RESOLUTION COMMENDING AND CONGRATULATING NONITO

DONAIRE, JR. FOR HIS REMARKABLE SECOND ROUND VICTORY OVER

FERNANDO MONTIEL OF MEXICO, ON THEIR BOXING MATCH HELD ON

FEBRUARY 19, 2011 AT LAS VEGAS, NEVADA, USA TO BECOME THE

WBC/WBO BANTAMWEIGHT CHAMPION

3.

HR01203RESOLUTION COMMENDING AND CONGRATULATING HON. EMMANUEL

DAPIDRAN PACQUIAO FOR HIS REMARKABLE VICTORY OVER 'SUGAR'

SHANE MOSLEY OF THE UNITED STATES OF AMERICA, ON THEIR

BOXING MATCH HELD ON MAY 7, 2011 AT LAS VEGAS, USA, THEREBY

RETAINING HIS WBO WELTERWEIGHT TITLE

4. HR01716RESOLUTION CONGRATULATING AND COMMENDING MS. SHAMCEY

SUPSUP OF GENERAL SANTOS CITY FOR HER VICTORY IN THE MS.

UNIVERSE PAGEANT HELD AT SAO PAULO, BRAZIL

5. HR01872RESOLUTION COMMENDING AND CONGRATULATING HON. EMMANUEL

DAPIDRAN PACQUIAO FOR HIS TWELFTH ROUND VICTORY OVER JUAN

MANUEL MARQUEZ OF MEXICO VIA A MAJORITY DECISION, ON THEIR

BOXING MATCH HELD ON NOVEMBER 12, 2011 AT LAS VEGAS, NEVADA,

USA, TO RETAIN THE WBO WELTERWEIGHT TITLE

In addition, its current representative is Carol Jayne Lopez, one of the wealthiest

congressmen with net worth of P29.44 million in 2011. As such, she belongs to the privileged

sector, not to a marginalized and underrepresented sector.


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(9) Arts Business and Science Professionals (ABS)ABS Party-list claims to represent the sector of professionals. However, its 6 years in

Congress, only proves that it has no bona fide intention of representing the marginalized and

underrepresented professional sector. In fact, during the 15th

Congress, it failed to author any

house measure that promotes the rights and welfare of the professional sector.

In addition, its current representative, Catalina L. Pizarro, has a net worth of P40.375

million for 2011, and she is also the wife of present Court of Appeals Justice Normandie Pizarro.As such, Pizarro belongs to the privileged sector, not to a marginalized and underrepresented

sector.

(10) SENIOR CITIZENSIts current representatives are David L. Kho and Godofredo Arquiza.

Kho was previously a director at Geograce Resources a mineral exploration company

connected with former DENR Secretary and Arroyo ally Mike Defensor.

Kho was the General Manager of the Quezon City Law Network Group, President andDirector of Genry Management Services Corporation, and Director of William Realty

Corporation. He was also a Director of the Quezon City Chamber of Commerce. His net worth

for 2011 is P59.521 Million. Thus, Kho belongs to the privileged sector, not to a marginalized

and underrepresented sector.

(11) The True Marcos Loyalist For God, Country & People Association of the Phil., Inc.(BANTAY)

This group is currently led by Ma. Evangeline F. Palparan, spouse of (Ret.) M/Gen.

Jovito Palparan, who was BANTAYs former representative in Congress. In the 14th

Congress

when it obtained a seat, Bantay failed to author any legislative measure which promoted therights and welfare of any marginalized and underrepresented sector.

BANTAY claims to represent former military personnel, but that is not a marginalizedand underrepresented sector under theParty-List System Act. It also claims to represent security

guards but Evangeline Palparan is not a security guard but an owner of an influential security

agency, together with his husband who is a fugitive from justice wanted for the kidnapping oftwo female students from the University of the Philippines Diliman.

Evangeline Palparan does not belong to the alleged marginalized and underrepresentedsectors which BANTAY claims to represent nor has she the track record of advocating for the

marginalized and underrepresented. During the summary hearing of BANTAY on 28 August

2012, Mrs. Palparan brandished her mockery of our justice system as well as her commission of

a crime, by boasting that BANTAY had meetings with the fugitive Gen. Palparan in order toelect nominees for 2013 elections. And when asked by this Honorable Commission of the

whereabouts of Gen. Palparan she had the temerity of answering that he is in another planet.

Clearly, this Honorable Commission should not allow a lawbreaker, coddler of a

criminal, to continue to mock the party-list and the justice system.

BANTAY is a fake party-list and exploiting the Party-List System Act for its selfish

interests and agenda against the true marginalized and underrepresented sectors of society.


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(12) ABOT TANAWThis group is believed to be another creation of former PAGCOR Chairman Efraim

Genuino. Its current first nominee is Dante Guevarra, former president of the PolytechnicUniversity of the Philippines. 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 all Pagcor

consultants. This is a fake party-list and the nominees belong to the privileged sectors, not to themarginalized and underrepresented sectors.

(13) 1 Joint Alliance of Marginalized Group (1JAMG)First nominee Homero A. Mercado is the representative of party-list 1-UTAK for this

15th

Congress. He resigned with 1-IUTAK in May 2012, and is now the first nominee of 1-

JAMG. Mercados net worth while in Congress was P65.014 Million. He is not a bus driver.Clearly, Mercado belongs to the privileged sector, not to the marginalized and underrepresented

sector which 1JAMG claims to represent.

(14) PASANG MASDAPasang Masda claims to represent the drivers sector. But its second nominee for the

2013 elections does not belong to this sector as is required by the party-list law and the Supreme

Court guidelines in theAng Bagong Bayani case.

Second nominee Atty. Ferdinand Topacio is known as the legal counsel for former First

Gentleman Jose Miguel Arroyo and former President Gloria Arroyo. He has also held several

government positions.

He is the kind of lawyer that belongs to the privileged sector, in view of his high paying

clients. He does not belong to the transport sector, as he is not a public utility vehicle driver nor asmall transport operator.

(15) MANILA TEACHERS SAVINGS AND LOAN ASSOCIATION, INC. (MTSLAI)MTSLAI seeks to be accredited as a party-list only to make a mockery of the party-list

system. It styles itself as a representative of marginalized and underrepresented teachers, but it is

notorious as a big loan shark preying on public school teachers and non-teaching personnel

since the early 1960s.

It is not even hiding the fact that it is the very entity registered with the Securities andExchange Commission and Bangko Sentral ng Pilipinas as a quasi-bank. In 2000, MTSLAI was

reported to be the biggest gainer in the P10 billion empire of money lending businesses against

thousands of public school teachers, hooking them in loans with terms and conditions that seem

light at first in interest but turn out to be about ten times the legal interest in the long run. In saidreport, MTSLAI was cited as the company with the most deductions remitted to it by the DepEd,

receiving P1.7 billion in 1998 alone, or 23% of the total amount automatically deducted by

DepEd from the salaries of public school teachers.4

A rundown of MTSLAIs Board of Directors reveals that it is a family enterprisefourof eleven Directors are Lacsons, including the President and CEO, Virgilio S. Lacson, who isalso the first nominee. This Malabon-based family owns several corporations. Lacson family

members also sit as powerful Board Members of these corporations, like they do in MTSLAIs.

4Teachers turning to loan sharks, solon laments, Philippine Daily Inquirer, 17 March 2000.


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As such, MTSLAI is clearly representing lenders and creditors, not the marginalized and

underrepresented teachers. The interests of lenders and creditors are very different from theinterests of teachers. First nominee Lacson belongs to a privileged sector, and is not and has

never been a teacher nor an advocate for the cause of teachers.

Lacson also has a dim record in public service. In 2001, he was dismissed from the

service upon a complaint filed by his fellow councilors of the City of Malabon, for being absent

without leave for more than eight months.5

That he has won a seat in the city council of the city(where most of his businesses are based) also proves that he has the financial capacity to

compete in the regular elections, and by no means a marginalized person.

MTSLAIs nominees other nominees are Paul Sembrano, MTSLAIs Vice-President for

Marketing and Promotion, and Gil Magbanua, Asuncion Howe, and Angelita Alfante who sit as

Board Members and Officers of MTSLAI, with Alfante as the Chief Finance Officer. It is hard

to conceive persons active in the marketing and finance of a loan shark as advocates for or

representatives of those on whom it regularly preys.

MTSLAI also has no membership or record of advocacy for teachers. It boasts of amembership of at least 55,693 teachers, or a final list of 6,000 pages. However, these

members, even according to MTSLAIs own Articles of Incorporation and by-laws, are its

debtors, not members or constituents as contemplated by the Party-List System Act. Theseare 55,693 teachers, or 6,000-page list of them, who are captive victims being squeezed dry out

of their meager earnings. MTSLAI should produce authentic records evidencing any activity or

program aimed to uplift the teachers sector or protection of their rights beyondthe acceptance ofdeposits or granting of loans. To be sure, these are the only things it can validly do, considering

that it has no franchise secondary to being a quasi-bank.

Moreover, it third nominee, Gil Magbanua, is not a registered voter.

5Administrative Order No. 145, 5 January 2001.


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Kontra Daya manifests to this Honorable Commission that it has already caused theservice of this Supplemental Letter to the enumerated party-list groups through registered mail.

Kontra Daya prays that this Honorable Commission instruct the party-list groups tofurnish Kontra Daya with copies of their Comment/Answer to the Letter dated 13 August 2012

and to this Supplemental Letter in order for Kontra Daya to file the appropriate Reply thereto.

Kontra Daya respectfully prays that this Honorable Commission investigate these party-list

groups and their nominees and if it is determined 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.

Kontra Daya also prays for such other reliefs as may be deemed just and equitable under thepremises.

FR. JOE DIZON SANTIAGO DASMARINAS

WILFREDO MARBELLA GLORIA ARELLANO


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COPY FURNISHED:

AKO BICOL PARTY-LIST

Rep. Rodel M. Batocabe

Rm. 609 South Wing Building, House of Representatives, Quezon City

AANGAT TAYO

Rep. Daryl Grace Abayon

RM 615 South Wing Building House of Representatives, Quezon City

A TEACHER

Rep. Mariano U. Piamonte Jr.

President


BUHAY PARTY-LIST

Rep. Irwin Tieng


ANG NATIONAL COALITION OF INDIGENOUS PEOPLES ACTION NA! INC

Jose T. Panganiban

President/Chairman

101 St. Vincent Ferrer St. Centro 2, Angandanan, Isabela

ALLIANCE ADVOCATING AUTONOMY PARTY

AGRICULTURAL SECTOR ALLIANCE OF THE PHILIPPINES

Rep. Nicanor M. Briones

Rm. N-607, House of Representatives, Quezon City

YOU AGAINST CORRUPTION AND POVERTY

Rep. Carol Jayne B. Lopez

Rm. S-614, House of Representatives, Quezon City

ABS PARTYLIST

Catalina G. Leonen Pizarro

President

50 Targa St. Village East Executive Homes Felix Avenue Antipolo City

SENIOR CITIZENS

Rep. Godofredo V. Arquiza

Rm. SWA-426, House of Representatives, Quezon City

BANTAY

Maria Evangelina F. Palparan

President

Bantay Bldg. Lt. Dado St. Wildcat Village, Brgy. Ususan, Taguig City


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ABOT TANAW

Dante G. Guevarra

President

26 Sta Maria St. Bo. Kapitolyo Pasig City

1JAMG

PASANG MASDA

Roberto Martin

National President

No. 145 Sgt. Catolos Street, Cubao, Quezon City

MANILA TEACHERS SAVINGS AND LOAN ASSOCIATION, INC

Virgilio S. Lacson

President

No. 918 United Nations Avenue, Ermita, Manila

EXPLANATION

The service of copy of the foregoing SUPPLEMENT TO THE LETTER DATED 13AUGUST 2012 has been made to Respondents, except 1AAA and 1JAMG, through registered

mail because of lack of personnel. Service to 1AAA and 1JAMG will be made as soon as

Petitioners herein are able to secure the name of their respective officers and official addresses.

FR. JOE DIZON


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JOINT VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

We, FR. JOE DIZON, SANTIAGO DASMARINAS, WILFREDO MARBELLA and GLORIA

ARELLANO, all of legal age, Filipino, after having been duly sworn to depose and say:

1. We are the Complainants/Petitioners in the above-entitled case.

2. We have caused the preparation and filing of this Supplement to the Letter dated 13

August 2012.

3. All the allegations contained therein are true and correct of our own knowledge and as

authentic records.

4. We certify that we have not commenced any other action or proceeding involving the

issues raised in the Complaint, in the Supreme Court, the Court of Appeals or different divisions thereof

or any tribunal or agency. To the best of our knowledge, no such action or proceedings is pending in the

Supreme Court, the Court of Appeals, or any division thereof or any other tribunal or agency.

5. If we should thereafter learn that a similar action or proceeding has been filed or ispending before the Supreme Court, the Court of Appeals or different divisions thereof or any other

tribunal or agency, we undertake to report the fact within five (5) days therefrom to this Honorable Office

and shall cause the dismissal of said action or proceeding.

IN WITNESS HEREOF, we have hereunto set our hands this 5th day of September 2012 in

Quezon City.

FR. JOE DIZON

AFFIANT

SANTIAGO DASMARINAS

AFFIANT

WILFREDO MARBELLA

AFFIANT

GLORIA ARELLANO

AFFIANT

SUBSCRIBED AND SWORN to before me, in Quezon City, this 5 th September 2012 the affiants

exhibiting their valid ID:

NOTARY PUBLIC


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Republic of the Philippines)

Quezon City )

AFFIDAVIT OF SERVICE

I, FR. JOE DIZON of legal age, Filipino, under oath, depose and state:

I served copies of SUPPLEMENT TO THE LETTER DATED 13 AUGUST 2012 on the

following parties at their respective addresses on 5 September 2012 by registered mail:

NAME ADDRESS

AKO BICOL PARTY-LIST

Rep. Rodel M. BatocabeRm. 609 South Wing Building, House of

Representatives, Quezon City

AANGAT TAYO

Rep. Daryl Grace Abayon

RM 615 South Wing Building House of


A TEACHER

Rep. Mariano Piamonte

Rm. 611 South Wing Building, House of


BUHAY PARTY-LIST

Rep. Irwin Tieng

Rm. 402 South Wing Building, House of


ANG NATIONAL COALITION OF

INDIGENOUS PEOPLES ACTION NA! INC

Jose T. Panganiban

President/Chairman

101 ST. VINCENT FERRER ST. CENTRO 2,

ANGANDANAN, ISABELA PHILIPPINES, 3307

AGRICULTURAL SECTOR ALLIANCE OF

THE PHILIPPINES

Rep. Nicanor M. Briones

Rm. N-607, House of Representatives, QuezonCity

YOU AGAINST CORRUPTION AND

POVERTY

Rep. Carol Jayne B. Lopez

Rm. S-614, House of Representatives, Quezon City

ABS PARTYLIST

Catalina G. Leonen Pizarro

President

50 Targa St. Village East Executive Homes Felix

Avenue Antipolo City

SENIOR CITIZENS

Rep. Godofredo V. Arquiza

Rm. SWA-426, House of Representatives, Quezon

City

BANTAY

Maria Evangelina F. Palparan

President

Bantay Bldg. Lt. Dado St. Wildcat Village, Brgy.

Ususan, Taguig City

ABOT TANAW

Dante G. Guevarra

President

26 Sta Maria St. BO Kapitolyo Pasig City

PASANG MASDA

Roberto Martin

National President

No. 145 Sgt. Catolos Street, Cubao, Quezon City


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MANILA TEACHERS SAVINGS AND LOAN

ASSOCIATION, INC

Virgilio S. Lacson

President

No. 918 United Nations Avenue, Ermita, Manila

by depositing a copy in the post office, in a sealed envelope, plainly addressed to the addressee at his

residence or office, with postage fully prepaid, and with instructions to the postmaster to return the mail

to the sender after ten (10)d days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of September 2012 in Manila.

FR. JOE DIZON

AFFIANT

SUBSCRIBED AND SWORN to before me this 5th day of September 2012 in Manila, affiant exhibiting

to me his valid ID:

Doc. No. ____;

Page No. ____;

Book No. ____;

Series of 2012.

kontra daya's second omnibus letter-complaint against some party list groups

Documents