Complaint vs Akbayan -Final

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COMPLAINT FOR THE REMOVAL AND/OR CANCELLATION OF REGISTRATION OF AKBAYAN CITIZENS’ ACTION PARTY
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  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, PETERGONZALES, 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 CANCELLATIONOF REGISTRATION OF AKBAYAN CITIZEN S’ ACTION PARTY  PREFATORY “(T) he party or organization must not be an adjunct of, or aproject organized or an entity funded or assisted by, thegovernment. By the very nature of the party-list system, theparty or organization must be a group of citizens, organizedby citizens and operated by citizens. It must be independentof the government. The participation of the governmentor its officials in the affairs of a party-list candidate isnot only illegal and unfair to other parties, but alsodeleterious to the objective of the law : to enable citizensbelonging to marginalized and underrepresented sectors andorganizations 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 i s 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 groupKONTRA DAYA.c.   Renato M. Reyes, Jr. is the Secretary General of Bagong AlyansangMakabayan (BAYAN).d.   Santiago Y. Dasmariñas is the Vice-President of Confederation for theUnity, Recognition and Advancement of Government Employees(COURAGE), an umbrella organization of public sector unions in thePhilippines interested in the promotion of the rights and welfare of allgovernment workers.e.   Rodelson C. Mesa is the Secretary General of Unyon ng mgaManggagawa 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 theUniversity of the Philippines.i.   Issabelle Therese M. Baguisi is the Secretary General of the NationalUnion 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 citizensand taxpayers interested in the legal and constitutional mandate of the HonorableCommission to ensure that the party-list system remains to be for the marginalizedand underrepresented sectors and parties. They may be served with processes of this Honorable Commission at 4F Erythrina Building, 1 Maaralin cor. MatatagStreets, Central District, Diliman, Quezon City 1101.4.   Defendant Akbayan Citizens’ Action Party (AKBAYAN hereafter) is anational political party registered with this Honorable Commission and seeking toparticipate 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 aPolitical Party with national constituency since October 28, 1997. However, in itswebsite 2 and other links found in the internet, it is stated that Akbayan wasformally established in January of 1998 through its Founding National Congress.7.    Akbayan began participating in the party-list system of elections sinceMay 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:11 th Congress (1998-2001): Loretta Ann P. Rosales12 th Congress (2001-2004): Loretta Ann P. Rosales and Mayong Aguja13 th Congress (2004-2007): Loretta Ann P. Rosales, Mayong Aguja andRisa Hontiveros14 th Congress (2007-2010): Risa Hontiveros and Walden Bello15 th 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 AnnRosales.10.   Its nominees for the 2013 elections are:1.   Walden F. Bello2.   Ibarra M. Gutierrez3.    Angelina Ludovice Katoh4.   Sylvia Estrada Claudio5.   Francis Q. Isaac6.   Edwin A. Bustillos11.   The following Akbayan officials, founders and nominees wereappointed 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, iscurrently the Chairperson of the Commission on Human Rights, andappointee of President Aquino;3.   Joel Rocamora, former AKBAYAN president, is currently the Chairpersonof 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 theNational 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 theSpokesperson of National Anti-Poverty Commission, and appointee of President Aquino.9.   Daniel Edralin, chairperson of the Alliance of Progressive Labor, is now acommissioner of the Social Service System.
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