CONTEMPT CHARGE VERSUS BRILLANTES, COMELEC COMs FILED BY ALAM AT SUPREME COURT
CONTEMPT CHARGE VERSUS
BRILLANTES, COMELEC COMs
FILED BY ALAM AT SUPREME COURT
Republic of the Philippines
Supreme
Court
Manila
ALAB NG
MAMAMAHAYAG (ALAM)
represented
by ATTY. BERTENI
CATALUÑA
CAUSING,
Petitioner,
-versus- G.R.
No. 204139
[From:
SPP NO. 12-127 (PL)]
COMMISSION
ELECTIONS,
Respondent,
x--------------------------------------------------------x
(NOTE: FOR
EFFICIENT USE OF PAPER, THE PETITIONER DECIDED NOT TO WRITE ALL OTHER CASE
TITLES AND CASE NUMBERS. THIS CASE WAS CONSOLIDATED TO ALL OTHER PETITIONS
FILED BY PARTYLIST ORGANIZATIONS WHOSE APPLICATION FOR ACCREDIATIONS WERE
DENIED BY THE COMMISSION ON ELECTIONS)
Motion to Cite Comelec
in Contempt
with
Motion to
Consolidate Into This Case “Urgent Petition for Certiorari with Extremely
Urgent Application for Temporary Restraining Order (TRO)” Docketed G.R. No.
_______________
The petitioner, by the undersigned
counsel-representative, respectfully file this Motion to City the Commission on
Elections Chairman and Commissioners in Contempt for BLATANT VIOLATIONS of the
Status Quo order issued by the Court in a joint Resolution dated December 4,
2012 in a consolidated case that included this petition docketed General
Registry No. 204139.
Sought to be cited in contempt are:
1.
Chairman
Sixto S. Brillantes, Jr.;
2.
Commissioner
Rene V. Sarmiento;
3.
Commissioner
Lucenito N. Tagle;
4.
Commissioner
Armando C. Velasco;
5.
Commissioner
Elias R. Yusoph;
6.
Commissioner
Christian Robert S. Lim; and
7.
Commissioner
Ma. Gracia Cielo M. Padaca.
All these Chairman and Commissioners of the respondent
Comelec can be served with notices at their offices at 8th Floor,
Palacio del Gobernador, General Luna St. corner Andres Soriano St., Intramuros,
Manila.
To put it directly, despite the clarity of the meaning of
the phrase “STATUS QUO”, it being easy to understand even by high school
student, the individual persons composing the public respondent BLATANTLY
DISOBEYED the “STATUS QUO ORDERS.”
The BLATANT DISOBEDIENCE TO THE SUPREME COURT was committed
NOT ONLY ONCE BUT 13 TIMES!
This is so blatant because these COMELEC OFFICIALS DELIBERATELY
DID IT.
These Comelec officials deliberately did it because they are
charged with the knowledge as to the plain and ordinary meaning of STATUS QUO
order, which means preservation of all things that existed prior the denial by
the Comelec of the applications for. Yet
they proceeded with the act of doing the same.
The act of committing disobedience to the orders of the
HIGHEST COURT in the land was done in the most abhorrent and most revolting
manner.
They did it without even giving the petitioner and the 12
other similarly-situated groups a chance to explain why the “LUCKY 13”
partylist groups denied by the Comelec but whose petitions with the Supreme
Court were issued with Status Quo orders.
Not only without due process. These officials of the
Commission did it in a manner of exceeding dispatch in order for them to
succeed in their malicious design or predetermination to disqualify Alab ng
Mamamahayag (ALAM) and the rest of the “Lucky 13.”
On January 4, 2013, ALAM was notified to participate in the
raffle and was in fact allowed to draw lots.
Its secretary general, Edwin R. Alcala was the one who drew the number
and he got Slot No. 34.
While the drawing of lots was yet drawing to a close in the
afternoon of January 4, 2013, Chairman Brillantes already announced that it was
a big blunder that the “Lucky 13” was included in the raffle. Right there and then, he announced to the
media that he will schedule an en banc session for the purpose of excluding ALAM
and 12 others.
January 4 was a Friday and he got no more time. In the morning of Monday, January 7, 2013, he
made true his announcement: they promulgated Resolution No. 9604, excluding
ALAM and 12 others on the ground that these should be excluded on the basis of
their Resolution No. 9591 promulgated on 19 December 2012. A copy of the same can be downloaded from the
Comelec website at this particular link: http://www.comelec.gov.ph/uploads/Elections/2013natloc/res/com_res_9591.pdf.
Meanwhile, a copy of Resolution No. 9604 can be downloaded
from this link: http://www.comelec.gov.ph/uploads/Elections/2013natloc/res/com_res_9604.pdf.
Days before this January 7 resolution was promulgated,
Chairman Brillantes was issuing statements to the media that partylist groups
that are in the class of ALAM, those that were denied by the Comelec but issued
a Status Quo order by the Supreme Court cannot participate in the raffle unless
these can obtain a MANDATORY INJUNCTION from the High Court.
That he did despite his knowledge that IT IS VIRTUALLY
IMPOSSIBLE TO GET A MANDATORY INJUNCTION because this is issued only after the case
is terminated. He knew that the
petitions of these “Lucky 13” groups had just been filed and the Comelec
through the Office of the Solicitor General (OSG) had not yet even submitted
its comment to the petitions of those partylist groups that have run to the
Supreme Court as the last bastion of justice.
Nevertheless, although he also issued pronouncements to the
media that they were confused by the meaning of Status Quo orders, he cannot
feign ignorance because he is a lawyer and a bar topnotcher at that.
All the other commissioners aside from Commissioner Padaca
are topnotch lawyers, too. As such, it is impossible for them not to understand
the legal meaning of Status Quo order.
If at all, they intentionally did that act of promulgating
Resolution No. 9604.
Not only that, the Comelec officials are also CHARGED WITH
THE KNOWLEDGEE of the existence of Resolution No. 9467 that they promulgated on
15 June 2012. A copy of which can be
downloaded from this site: http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9467&bn=2013+National+and+Local+Elections+|+Resolutions&b=Elections%2F2013natloc%2Fres%2FresoTOC%26toc_search%3D9467%23ps2668.
Because it was them, except for Commissioner Padaca, who
promulgated Resolution No. 9467, they cannot feign ignorance of it.
Because Resolution No. 9467 was one of the status quo
matters as it was existing at the time the Comelec denied ALAM and also existing
at the time the Supreme Court issued its joint Resolution dated December 4,
2012 directing the Status Quo order.
Resolution No. 9467 mandated that all partylist applicants
that were denied by the Comelec but have pending petition before the Supreme
Court are allowed to participate in the raffle.
For convenience, Section 1 of Resolution No. 9467 is hereby
quoted as follows:
SEC. 1 Requirement. – Only party-list groups/coalitions accredited by or duly
registered with the Commission and which have manifested their desire to
participate in the party-list election, may participate in the raffle for
purposes of determining their order of listing in the ballot. However, party-list groups/coalitions
whose petitions for accreditation have been denied by the Commission and have
pending petitions before the Supreme Court questioning the decision of the
Commission shall also be allowed to participate in the raffle.
Hence, it is very clear that the contemptuous acts of the
officials of the Comelec are proven convincingly and clearly.
Motion for Consolidation
It is also prayed of the Honorable Court that ALAM’s
separate petition filed as a result of this contemptuous act of the officials
of the Comelec.
That separate case is entitled as above but docketed GR No.
___________. This was separately filed
because it stemmed from a separate action although related to the first
docketed G.R. No. 204139.
For this, the petitioner seeks leave of the Court for the
consolidation of that Second ALAM petition to the instant case already
consolidated with other petitions of the other partylist groups.
WHEREFORE, it is prayed of the Honorable
Court that these officials be required to show cause and thereafter be cited
for contempt harsher than what was slapped in Philippine Guardian Brotherhood,
Inc. vs Comelec, GR No. 190529, March 20, 2011 because this is the
second time around that it disobeyed the Supreme Court.
Other reliefs just and equitable are
also prayed for. 9 January 2013, Manila.
RENTA
PE CAUSING SABARRE CASTRO & ASSOCIATES
Unit 1, 2368 JB Roxas St. corner Leon Guinto St.,
Malate, Manila
By:
BERTENI
CATALUÑA CAUSING
IBP
No. 894664 / 03-20-2012 / Manila
PTR
No. 0675267 / 03-27-2012 / Manila
Roll
No. 60944/ MCLE Compliance No. IV-0007338, August 10, 2012
CIRILO
P. SABARRE JR.
IBP
No. 856677 /01-03-2012
PTR
No. 117312429 /01-03-2012
Roll
No. 53639 / MCLE Compliance No. IV-0003755
DERVIN
V. CASTRO
IBP
No. 836900/11-18-2010 up to 2012
PTR
No. 0335125 /01-03-2012
Roll
No. 53624 /MCLE Compliance No. IV-0007336, August 10, 2012
Cc:
Palacio del Gobernador , Gen. Lina
St. Corner Soriano St., Intramuros, Manila
OFFICE OF SOLICITOR GENERAL
134 Amorsolo St., Makati
City
Comments