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COMPLAINT FOR THE REMOVAL AND/OR CANCELLATION OF REGISTRATION OF AKBAYAN CITIZENS’ ACTION PARTY
Citation preview
1
REPUBLIC OF THE PHILIPPINES
COMMISSION ON ELECTIONS
MANILA
ARCHBISHOP OSCAR V. CRUZ, FR.
JOSE P. DIZON, RENATO M. REYES,
JR., SANTIAGO Y. DASMARIÑAS, JR.,
RODELSON C. MESA, PETER
GONZALES, CRISTINA E. PALABAY,
CLEVE KEVIN ROBERT ARGUELLES,
ISSABELLE THERESE M. BAGUISI,
and HENRI S. KHAN
Complainants,
-versus-
AKBAYAN CITIZENS’ ACTION PARTY,
Defendant.
x------------------------------------------------------x
COMPLAINT FOR THE REMOVAL AND/OR CANCELLATION
OF REGISTRATION OF AKBAYAN CITIZENS’ ACTION PARTY
PREFATORY
“(T)he party or organization must not be an adjunct of, or a
project organized or an entity funded or assisted by, the
government. By the very nature of the party-list system, the
party or organization must be a group of citizens, organized
by citizens and operated by citizens. It must be independent
of the government. The participation of the government
or its officials in the affairs of a party-list candidate is
not only illegal and unfair to other parties, but also
deleterious to the objective of the law: to enable citizens
belonging to marginalized and underrepresented sectors and
organizations to be elected to the House of Representatives.”1
1 Ang Bagong Bayani v. Comelec, G.R. No. 147589, June 26, 2001
2
COMPLAINANTS, unto this Honorable Commission, most respectfully state:
1. This action is being filed against AKBAYAN CITIZENS’ ACTION
PARTY, pursuant to Section 3, Rule 2 of Comelec Resolution No. 9366, which allows
the filing of a verified complaint for “removal and/or cancellation of registration” of
a party-list group or organization.
PARTIES
2. Complainants are all Filipino, of legal age and members of their
respective peoples’ organizations:
a. His Excellency Most Reverend Archbishop Oscar V. Cruz is the
Archbishop of Lingayen-Dagupan, Pangasinan.
b. Fr. Jose P. Dizon is one of the convenors of the election watchdog group
KONTRA DAYA.
c. Renato M. Reyes, Jr. is the Secretary General of Bagong Alyansang
Makabayan (BAYAN).
d. Santiago Y. Dasmariñas is the Vice-President of Confederation for the
Unity, Recognition and Advancement of Government Employees
(COURAGE), an umbrella organization of public sector unions in the
Philippines interested in the promotion of the rights and welfare of all
government workers.
e. Rodelson C. Mesa is the Secretary General of Unyon ng mga
Manggagawa sa Agrikultura (UMA) and also the Chairperson of
Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (AMBALA),
both are peasant and farmers’ organizations.
f. Peter Gonzales is the Chairman of Pamalakaya-Timog Katagalugan.
g. Cristina E. Palabay is Secretary General of Alliance for the
Advancement of People’s Rights (KARAPATAN)
h. Cleve Kevin Robert Arguelles is the current Student Regent of the
University of the Philippines.
i. Issabelle Therese M. Baguisi is the Secretary General of the National
Union of Students of the Philippines (NUSP)
j. Henri Kahn is a concerned citizen.
3
3. Complainants are filing this Complaint on their own behalf as citizens
and taxpayers interested in the legal and constitutional mandate of the Honorable
Commission to ensure that the party-list system remains to be for the marginalized
and underrepresented sectors and parties. They may be served with processes of
this Honorable Commission at 4F Erythrina Building, 1 Maaralin cor. Matatag
Streets, Central District, Diliman, Quezon City 1101.
4. Defendant Akbayan Citizens’ Action Party (AKBAYAN hereafter) is a
national political party registered with this Honorable Commission and seeking to
participate in the 2013 party-list system of elections. It may be served with notices,
orders and other legal processes through its principal office at 36-B Madasalin St.
Barangay Sikatuna, Diliman, Quezon City.
FACTS
5. Akbayan filed its Manifestation of Intent to Participate in the Party-
list System of Representation in the 2013 Elections.
6. In said Manifestation, Akbayan alleges that it is registered as a
Political Party with national constituency since October 28, 1997. However, in its
website2 and other links found in the internet, it is stated that Akbayan was
formally established in January of 1998 through its Founding National Congress.
7. Akbayan began participating in the party-list system of elections since
May 1998. It has also fielded and ran in local elections and won some seats therein.
8. Akbayan’s Representatives in the House of Representatives are as
follows:
11th Congress (1998-2001): Loretta Ann P. Rosales
12th Congress (2001-2004): Loretta Ann P. Rosales and Mayong Aguja
13th Congress (2004-2007): Loretta Ann P. Rosales, Mayong Aguja and
Risa Hontiveros
14th Congress (2007-2010): Risa Hontiveros and Walden Bello
15th Congress (2010-2013): Walden Bello and Kaka Bag-ao
2 Akbayan Party. Who we are. Brief History, at http://akbayan.org.ph/who-we-are/4-brief-history, last sighted October 21, 2012
4
9. Its founding members, as stated in the Manifestation, are as follows:
Ricardo Reyes, Ronaldo Llamas, Walden Bello, Carmel Abao and Loretta Ann
Rosales.
10. Its nominees for the 2013 elections are:
1. Walden F. Bello
2. Ibarra M. Gutierrez
3. Angelina Ludovice Katoh
4. Sylvia Estrada Claudio
5. Francis Q. Isaac
6. Edwin A. Bustillos
11. The following Akbayan officials, founders and nominees were
appointed as high-ranking public officials in the present Aquino government:
1. Ronald Llamas, former AKBAYAN president, is the Presidential Political
Affairs Adviser of President Aquino;
2. Loretta Ann Rosales, former AKBAYAN president and representative, is
currently the Chairperson of the Commission on Human Rights, and
appointee of President Aquino;
3. Joel Rocamora, former AKBAYAN president, is currently the Chairperson
of National Anti-Poverty Commission, and appointee of President Aquino;
4. Mario Agujo, former AKBAYAN representative, is currently a member of
the GSIS Board of Trustees, and appointee of President Aquino;
5. Percival Cendaña, former AKBAYAN chairperson, is currently the
National Youth Commission commissioner-at-large, appointee of
President Aquino;
6. Ibarra M. Gutierrez III, AKBAYAN’s 2nd nominee is an Undersecretary
for Political Affairs, and appointee of President Aquino;
7. Angelina Ludovice-Katoh, AKBAYAN’s 3rd nominee is a Commissioner in
the Presidential Commission for the Urban Poor.
8. Risa Hontiveros-Baraquel, Akbayan president and representative, is the
Spokesperson of National Anti-Poverty Commission, and appointee of
President Aquino.
9. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is now a
commissioner of the Social Service System.
5
CAUSES OF ACTION
A. Akbayan is not qualified to run in the party-list elections
because it is no longer a marginalized and underrepresented
political party;
B. Akbayan nominees do not belong to the marginalized and
underrepresented sectors that Akbayan claims to represent; and
C. Akbayan enjoys government support and funding which gives it
undue advantage over other party-list groups.
ARGUMENTS/DISCUSSION
AKBAYAN IS ALREADY
OVERREPRESENTED IN THE AQUINO
GOVERNMENT;
AKBAYAN AS A PARTY IN POWER
12. Akbayan CEASED TO EXIST as a marginalized and underrepresented
PARTY. Akbayan is now considered as a PARTY IN POWER. With these
characteristics, Akbayan is now overrepresented in government.
13. That Akbayan is overrepresented in government is evidenced by the
number of its members, personalities and officials who are occupying high
appointive positions in the Aquino administration:
a. Ronald Llamas, former Akbayan president, is the Presidential Political
Affairs Adviser of President Aquino;
b. Loretta Ann Rosales, former Akbayan president and representative, is
currently the Chairperson of the Commission on Human Rights, and
appointee of President Aquino;
c. Joel Rocamora, former Akbayan president, is currently the
Chairperson of National Anti-Poverty Commission, and appointee of
President Aquino;
d. Mario Agujo, former Akbayan representative, is currently a member of
the GSIS Board of Trustees, and appointee of President Aquino;
e. Percival Cendaña, former Akbayan chairperson, is currently the
National Youth Commission commissioner-at-large, appointee of
President Aquino;
f. Ibarra M. Gutierrez III, Akbayan’s 2nd nominee is an Undersecretary
for Political Affairs, and appointee of President Aquino;
g. Angelina Ludovice-Katoh, Akbayan’s 3rd nominee is a Commissioner
in the Presidential Commission for the Urban Poor.
6
h. Risa Hontiveros-Baraquel, Akbayan president and representative, is
the Spokesperson of National Anti-Poverty Commission, and appointee
of President Aquino.
i. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is
now a Commissioner of the Social Service System.
14. The scenario wherein a party-list group has transitioned itself from
being a marginalized and underrepresented political party to one that is well-
entrenched and well-connected to the present administration, is a new development
in the Philippines’ party-list system.
15. The party-list system was included in the Constitution as a “social
justice tool designed not only to give more law to the great masses of our people who
have less in life, but also to enable them to become veritable lawmakers themselves,
empowered to participate directly in the enactment of laws designed to benefit
them. It intends to make the marginalized and the underrepresented not merely
passive recipients of the State’s benevolence, but active participants in the
mainstream of representative democracy.”3
16. But the history of the party-list system is replete with the entry, or
attempted entry, of groups who do not possess the characteristics of a party-list
group as required by the party-list law, and as clarified by the Supreme Court in
several cases.
17. For instance, the cases of Ang Bagong Bayani4, Veterans5, and Banat6
dealt with the issue of participation of major political parties in the party-list
system of elections.
a. In Ang Bagong Bayani (2001), the Supreme Court held that
“Political parties – even the major ones – may participate in the
party-list elections.
That political parties may participate in the party-list elections
does not mean, however, that any political party – or any
organization or group for that matter – may do so. The requisite
character of these parties or organizations must be consistent
3 Justice Panganiban in the Ang Bagong Bayani case, G.R. No. 147589. June 26, 2001.
4 Ibid 5 Veterans Federation Party v. Comelec, G.R. No. 136781. October 6, 2000 6 Barangay Association for National Advancement and Transparency (BANAT) v. Comelec, G.R. No. 179271 April 21, 2009
7
with the purpose of the party-list system, as laid down in the
Constitution and RA 7941.”
b. In Veterans (2000) and in Banat (2009) cases, the Supreme Court
explicitly prohibited the participation of major political parties in
participating in the party-list elections:
“However, by a vote of 8-7, the Court decided to continue the
ruling in Veterans disallowing major political parties from
participating in the party-list elections, directly or
indirectly. Those who voted to continue disallowing major
political parties from the party-list elections joined Chief Justice
Reynato S. Puno in his separate opinion. On the formula to
allocate party-list seats, the Court is unanimous in concurring
with this ponencia.
WHEREFORE, we PARTIALLY GRANT the
petition. We SET ASIDE the Resolution of the COMELEC
dated 3 August 2007 in NBC No. 07-041 (PL) as well as the
Resolution dated 9 July 2007 in NBC No. 07-60. We declare
unconstitutional the two percent threshold in the distribution of
additional party-list seats. The allocation of additional seats
under the Party-List System shall be in accordance with the
procedure used in Table 3 of this Decision. Major political
parties are disallowed from participating in party-list elections.
This Decision is immediately executory. No pronouncement as
to costs.”
18. Political dynasties, the rich and powerful, and cabinet officials also
tried to join, and were successful in joining, in the party-list elections by forming
their own groups or having themselves become nominees of an already registered
party-list group.
19. For instance, in the 2010 elections, much clamor has been made
protesting the participation of pro-Arroyo party-lists and nominees, such as Ang
Galing Pinoy, 1-Utak, Ang Kasangga, ALE and BIDA.
20. In fact, Akbayan, the defendant herein, was one of the critics of the
participation of these groups who are tagged as pro-Arroyo party-lists. In its
website7, Akbayan says:
“Pro-admin party-list groups, part of Arroyo’s desperate scheme to
hold on to power post-May elections, says Akbayan 7 http://akbayan.org.ph/news/12-press-releases-press-releases/34-pro-admin-party-list-groups-part-of-arroyos-desperate-scheme-to-hold-on-to-power-post-may-elections-says-akbayan
8
Category: Press Releases
Published on Wednesday, 17 February 2010 12:37
Akbayan today (Jan 22) exposes Mrs. Gloria Arroyo’s latest bid to
create a sizeable camp of GMA lapdog loyalists in Congress post-May
elections by populating the upcoming party-list elections with
administration allies.
Akbayan Chair Emeritus and three-term congresswoman Etta Rosales,
reacting to the final list of accredited party-list groups released by the
Commission on Elections, said, “it is lamentable that the dubious list of party
list groups exposed in 2007 as administration fronts are now bloating the
long list of party list bets contesting the 2010 Polls. I recall in earlier
conversation with the COMELEC that they would limit the list for 2010 to
only around fifty or a little more. Yet, what we now have is three times this
size – 150!”
Rosales said “against COMELEC’s expectations, packing the party-
list contenders with Palace fronts can only be interpreted as a
desperate effort by the Palace to fill up the next Congress with GMA
lapdogs. Apparently, the fears of a new critical leadership with its
newly elected district allies in Congress after May 2010 can only be
countered by the backdoor election of GMA puppets disguised in
emasculated party list robe.”
Already Exposed in 2007
It can be recalled that in the 2007 midterm elections, Akbayan launched the
Bare the List campaign to force COMELEC to disclose the names of all
nominees of all accredited party-list groups. “Many of the accredited party
list organizations for the 2010 race are the same as those which we
challenged as administration-fielded bogus groups in the 2007 elections,”
Rosales continued.
To prove this, Rosales encouraged the voting public to visit the campaign blog
(http://barethelist.wordpress.com/ ) Akbayan mounted in 2007 listing the
pseudo party-list groups. The list includes party-list groups accredited by
COMELEC in 2010 elections and controversial incumbent groups such as
Ang Kasangga, represented by the President’s sister-in-law and Banat,
represented by the general whose claim to fame lies in his reputation for
leaving a trail of blood in every provincial assignment he is given.
Rosales explained that in 2007 COMELEC refused to reveal the nominees of
these fronts. Akbayan filed a petition before the Supreme Court asking for a
full disclosure of the nominees which the High Court granted. Today, the
9
COMELEC has passed a resolution that ensures the publication of all the
party list nominees.
“Ngayon, madali nang malaman kung sino ang mga kaibigan ng
administrasyon na tumatakbo sa party-list,” Rosales added.”
(Emphasis supplied)
21. Rightly so, the participation of the pro-administration (pro-GMA at
that time) party-lists only creates what Akbayan calls as a “sizeable camp of GMA
lapdog loyalists in Congress” and “GMA puppets disguised in emasculated party list
robe.” This situation greatly is detrimental to the party-list system and to the
prejudice of the marginalized and underrepresented sectors, considering that GMA
was at that time already tagged as a President whose policies are anti-people and
anti-poor.
22. But now, after 14 years of existence as a party-list group, the tides
have turned for Akbayan. Using the analogy of Justice Panganiban8, Akbayan is no
longer an outsider given the context of this present administration:
“The import of the open party-list system may be more vividly understood
when compared to 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.”
23. When President Noynoy Aquino won in the presidential elections and
rose to power in 2010, numerous leaders and figureheads of Akbayan were
appointed by him in various high ranking positions as enumerated above.
24. A study of Akbayan’s track record would reveal that it has become
what it previously detested and protested against: a lapdog loyalist and a puppet of
the present Aquino administration.
25. In his blog9, one of the Complainants Renato M. Reyes, Jr. commented:
8 Ang Bagong Bayani case, ibid
10
“Akbayan is a supporter of the reactionary, anti-people, and anti-national(ist)
Aquino regime. It has a track record of subservience to this regime. It feigns
“disagreement” with Aquino, only when the need arises, such as when their
subservience is exposed in public. Has Akbayan at anytime, protested against
Aquino? Can their track record boast of anything that would resemble a
strong opposition to the anti-people policies of this regime?
When Aquino defended the inclusion of online libel in the Cybercrime Law,
all Akbayan could muster was a frown and a sense of extreme
“disappointment”, perhaps the same kind that you feel when your team loses
a basketball game. Did they protest against Aquino? Nope. They railed
against Tito Sotto though, and some of them did a photo ops at the Mabuhay
Rotonda. Were they present at the SC rally on Oct. 2 and 9? Nope. Did they
file a petition vs the Cybercrime Law? Nope. Have they filed amendments to
the law? None that we know of.
The truth is, Akbayan has not protested against the Aquino regime on any
issue. It contents itself with issuing press statements that “take exception”,
“express disappointment” and whatever other cliché they can come up with.
Ever seen an Akbayan rally against Oil Deregulation? Ever watched an
Akbayan barricade against demolition teams? Ever heard of an Akbayan
rally against US military intervention under Aquino? Or extrajudicial
killings of activists and journalists under Aquino? Or a rally against
Palparan?
As far as track record goes, Akbayan can pride itself with its record of
subservience to the Aquino regime. It has partnered with the Aquino regime
in further marginalizing the marginalized and underrepresented. Remember
Akbayan’s spirited defense of Aquino’s CCT program? As Aquino himself said
during Akbayan’s Congress, “I and Akbayan think alike”.”
26. Without doubt, Akbayan is now well-entrenched in the Aquino
administration. It has a preferred status of being in the inner circle of Malacañang,
compared to other party-list groups. That if Akbayan has any agenda, plans or
projects in mind, it could go directly to the policy-makers and have these
suggestions directly heard by those who will execute the policies.
27. Akbayan, with its many positions in the present administration, is no
longer marginalized and underrepresented. It is now a PARTY IN POWER,
9 “Akbayan’s imagined marginalization and continuing deception” published on October 17, 2012, at http://natoreyes.wordpress.com/2012/10/17/akbayans-imagined-marginalization-and-continuing-deception/, last sighted October 22, 2012
11
wielding considerable clout and resources. Hence, being overrepresented in
government, it must no longer participate in the party-list system of elections.
AKBAYAN NOMINEES DO NOT
BELONG TO THE SECTORS IT IS
CLAIMING TO REPRESENT
28. Akbayan nominees for the 2013 elections do not belong to the
marginalized and underrepresented sectors Akbayan claims to represent. Some of
its nominees are even appointees of President Aquino to top positions.
29. The need for the nominee of a party-list to belong to the marginalized
and underrepresented sector was explained in the Ang Bagong Bayani case:
Seventh, not only the candidate party or organization must represent
marginalized and underrepresented sectors; so also must its nominees. To
repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens
“who belong to marginalized and underrepresented sectors, organizations and
parties.” Surely, the interests of the youth cannot be fully represented by a
retiree; neither can those of the urban poor or the working class, by an
industrialist. To allow otherwise is to betray the State policy to give genuine
representation to the marginalized and underrepresented.
30. Akbayan’s Constitution10 lists the sectors that it claims to represent –
labor, peasant, women, youth, lesbians, gays, bisexuals and transgenders (LGBT),
fisherfolk, urban poor and overseas Filipinos (OFs). Akbayan has confirmed this
claim during the presentation of their witness during the summary evidentiary
hearing conducted by this Honorable Commission on 22 August 2012.
31. Second and third nominees Gutierrez and Ludovice-Katoh are top
government appointees and therefore could not be considered by any stretch of the
imagination as underrepresented or marginalized. They are Undersecretary for
Political Affairs and Commissioner in the Presidential Commission for the Urban
Poor, respectively.
32. Being presidential appointees in high ranking positions, they possess
awesome political power not possessed by the marginalized and underrepresented
sectors of society.
10 AKBAYAN Party. Who we are. Constitution. http://akbayan.org.ph/who-we-are/11-constitution-and-by-laws, last sighted October 22, 2012
12
33. While Gutierrez indicated “professor” as his occupation in his
Certificate of Acceptance of Nomination (and despite the fact that at the time of
accepting he was also the Undersecretary for Political Affairs) this would not
qualify him as a nominee of Akbyan. This is precisely because “professionals” is not
one of the sectors listed and claimed by Akbayan in its Constitution (and testimony
during the summary hearings), as one of its represented sectors.
34. As for Walden Bello, he is not a laborer, peasant, woman, LGBT,
fisherman, urban poor, nor an overseas Filipino. He does not belong to any sector
that Akbayan claims to represent, in accordance to their constitution.
35. During the same summary evidentiary hearing, the witness for
Akbayan claimed that Bello belongs to the sector of “overseas Filipino”. However, it
must be pointed out that “overseas Filipinos” is not a marginalized and
underrepresented sector, but rather overseas Filipino workers or migrant workers.
To consider overseas Filipinos as a marginalized sector would be a misreading and a
defeat of the party-list law, precisely because not all overseas Filipinos are poor and
downtrodden, or marginalized. Some are millionaires, ambassadors, and
businessmen. Clearly, this rich and powerful overseas Filipinos are not the ones
intended to be represented by the party-list system.
36. In effect therefore, Walden Bello, first nominee and two-term
congressman of Akbayan, does not belong to any marginalized and
underrepresented sector that Akbayan claims and seeks to represent.
37. Clearly, these persons are disqualified to become nominees of Akbayan
and also buttresses the claim that Akbayan is run by high government officials.
38. In recent press statements, Gutierrez claims that he has already
resigned from his post as Undersecretary. This claim has no merit because the law11
and Supreme Court decision12 upholding the same, already consider government
appointees ipso facto resigned at the time of the filing of certificates of candidacy.
11 Section 4(a) of Comelec Resolution No. 8678, Section 13 of Republic Act No. 9369, and (3) Section 66 of the Omnibus Election Code 12
Quinto v. Comelec, G.R. No. 189698, February 22, 2010
13
His act of resignation could not make him holier than thou and negate the fact that
he was a top ranking member of the President’s cabinet.
AKBAYAN IS A GOVERNMENT-
SPONSORED OR SUPPORTED GROUP
AND ENJOYS UNDUE ADVANTAGE
OVER OTHER PARTY-LIST GROUPS
39. The Supreme Court in the 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:
“Fifth, the party or organization must not be an adjunct of, or a project
organized or an entity funded or assisted by, the government. By the very
nature of the party-list system, the party or organization must be a group of
citizens, organized by citizens and operated by citizens. It must be
independent of the government. The participation of the government or
its officials in the affairs of a party-list candidate is not only illegal
and unfair to other parties, but also deleterious to the objective of
the law: to enable citizens belonging to marginalized and underrepresented
sectors and organizations to be elected to the House of Representatives.”
(Emphasis supplied)
40. In prohibiting government-assisted groups from joining the party-list
elections, the Supreme Court interpreted this to include participation of
“government officials”.
41. The reason that they are disqualified from the party-list system is that
these kinds of groups possess influence and access to government resources, which
give them undue advantage over other party-list groups and increases their ability
to compete in the party-list system of elections, at the same time, it stifles the
chances of the truly marginalized and underrepresented citizens to become elected
to the House of Representatives.
42. For instance, the Commission on Human Rights, headed by Rosetta
Ann Rosales since 2010, has a budget of P925,278 million in 2011; P1,420,891
billion in 2012; and P2,782,101 billion in 2013.
14
43. The National Anti-Poverty Commission (NAPC), headed by Joel
Rocamora since 2010, has a budget of P73,189 million in 2011; P102,023 million in
2012; and P113,429 million in 2013. In the addition, the following members/officers
of Akbayan became employees/consultants of NAPC:
1. Arnold Tarrobago - Office of the Secretary, Consultant for
Community Participation
Affiliation: Akbayan member
2. Atty. Magistrado Mendoza Jr. - AFHRMS, Senior Policy
Consultant
Affiliation: Lawyer of FARM-Luisita, Executive Director of
Kaisahan Inc., an NGO of Akbayan
3. Jet Evangelista - Office of the Secretary, LGBT Organizer
Affiliation: Office of Risa Hontiveros 2011
4. Edmund Landrito - Office of the Assistant Secretary Gina dela
Cruz, "Informal Settlers"
Affiliation: Member ng Alex Boncayao Brigade
5. Maripaz Galang - AFHRMS, Management and HR Consultant
Affiliation: Staff of PHILHDRRA (a peasant NGO of Akbayan)
6. Alvic Padilla - PMO-Empowerment, Consultant
Affiliation: Staff of Institute for Politics and Governance,
founding NGO of Akbayan
7. Marie Labajo - PMO-Empowerment, Senior Technical Advisor
Affiliation: Secretary-General Akbayan 2002-2003
44. Recently, there has also been a Commission on Audit report13 which
questioned the hiring of consultants by NAPC, as well as overpayment to its
officials, which were in excess of the allowable limit set by law. Attached herein is
the copy of the COA Report.
45. Meanwhile, the National Youth Commission, headed by Percival
Cendaña since 2011, has a budget of P60,741million in 2011; P64,452 million in
2012; and P74,497 million in 2013.
13 Available at the COA website, http://www.coa.gov.ph/2011_AAR/NGAs/ES/NAPC_ES2011.pdf, last sighted October 21, 2012
15
46. The Presidential Commission for the Urban Poor, headed by Angelina
Ludovice-Katoh, has a budget of P60,031 million in 2011; P77,684 million in 2012;
and P93,089 million in 2013.
47. With these billions of pesos in the hands of the Akbayan leadership,
Akbayan could already have their agenda, projects and plans implemented through
the agency of these offices.
48. An indicia of the “success” of this scenario – in Akbayan being able to
benefit their members through access to government – is the fact that most of
Akbayan members are recipients of poverty reduction projects of the government,
such as the KALAHI (Kapit-Bisig Laban sa Kapirapan: Link Hands in the Struggle
Against Poverty) / CIDSS (Comprehensive and Integrated Delivery of Social
Services) and the Conditional Cash Transfer program, implemented by the NAPC
and DSWD respectively.
49. Another form of government support which Akbayan enjoys to the
exclusion of all other party-lists, is that they have not less than the Presidential
Spokesperson Edwin Lacierda defend Akbayan from calls for its disqualification.
50. In response to Akbayan press statements defending itself,
Complainants herein are not questioning the claim that the marginalized sectors
can never be overrepresented. What is the point of contention here is that Akbayan,
its membership and officials, are overrepresented in the government. It is now a
party in power with undue advantage over other party-lists.
51. As a political party, Akbayan can continue to run for other elective
offices. It can still continue to lobby for more government positions and offices for its
officials and members, maintain alliance with the present administration and tow
the party line. But Complainants are against Akbayan participating in the party-
list system.
52. All told, being no longer marginalized and underrepresented, Akbayan
is no longer fit to participate in the party-list system of elections.
16
PRAYER
WHEREFORE, premises considered, Complainants respectfully pray that
this Honorable Commission Give due course to this Complaint and Immediately
remove and/or cancel the registration of the AKBAYAN CITIZENS’ ACTION
PARTY;
Other reliefs as are just and equitable are likewise prayed for.
Respectfully submitted.
Quezon City for Manila; 23 October 2012.