ALAM files criminal corruption case vs Brillantes, et al
ALAM files criminal corruption case vs Brillantes, et al
For causing undue prejudice on Alab ng Mamamahayag (ALAM) by means of removing its name from Slot No. 34 of the Official PCOS ballot, the partylist applicant for registration and accreditation decided to file a criminal case of violation of Section 3(e) of Republic Act No. 3019.
Earlier, ALAM filed a disbarment complaint against Brillantes, et al, except for Commissioner Maria Gracia Cielo M. Padaca, the latter being not a lawyer.
To read the entire criminal complaint, the same is pasted below:
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For causing undue prejudice on Alab ng Mamamahayag (ALAM) by means of removing its name from Slot No. 34 of the Official PCOS ballot, the partylist applicant for registration and accreditation decided to file a criminal case of violation of Section 3(e) of Republic Act No. 3019.
Earlier, ALAM filed a disbarment complaint against Brillantes, et al, except for Commissioner Maria Gracia Cielo M. Padaca, the latter being not a lawyer.
To read the entire criminal complaint, the same is pasted below:
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Republic of the Philippines
Supreme
Court
Manila
ALAB NG
MAMAMAHAYAG (ALAM)
represented
by ATTY. BERTENI
CATALUÑA
CAUSING,
Complainant,
-versus-
BAR MATTER NO. ___________
COMMISSION ON
ELECTIONS (COMELEC)
CHAIRMAN
SIXTO S. BRILLANTES JR., RENE
V.
SARMIENTO, COMMISSIONER LUCENITO
N. TAGLE ,
COMMISSIONER ARMANDO C.
VELASCO,
COMMISSIONER ELIAS R. YUSOPH,
COMMISSIONER
CHRISTIAN ROBERT S. LIM,
and
COMMISSIONER MARIA GRACIA CIELO
“GRACE”
PADACA,
Respondents,
x--------------------------------------------------------------------x
Republic of
the Philippines )
City of
Manila )SC
Criminal Complaint
for
Violation of Section 3 (e), RA No.
3019
I, ATTY. BERTENI CATALUÑA CAUSING, of legal age, whose postal address
is at Unit 1, No. 2368 Leon Guinto St. corner JB Roxas St., Malate, Manila,
under oath, do hereby depose and state:
1.
I
am executing this Complaint for Violation of Section 3(e) of Republic Act No.
3019 against the commissioners, former commissioners and the chairman of the
Commission on Elections (Comelec);
2.
I
am filing this in compliance with the demand of the Board of ALAB NG MAMAMAHAYAG (ALAM), a partylist
applicant denied accreditation and registration by the respondents, to fulfill
its resolution for the filing of the complaint against the Chairman of the
Commission on Elections, the Commissioners of the same Commission, and the
former Commissioners;
3.
Thus,
this is being filed in representation of ALAM
NG MAMAMAHAYAG (ALAM) and I, being a lawyer and its president, have been
designated to prosecute the desire of the Board and authorized to file the
necessary case and all other actions that are implied and necessary for the
fulfillment of this desire;
4.
Rest
assured, however, that this is not personal to me and that I am only obligated
by my duty as the one being commanded to do necessary steps so that the desires
and the demand for justice of ALAB NG
MAMAMAHAYAG (ALAM) will come to fruition;
5.
A
copy of the Board Resolution commanding me to file this case is attached hereto
as ANNEX “A”;
6.
ALAB NG MAMAMAHAYAG (ALAM) filed on 30 March 2012 a petition
for accreditation as a partylist group for the 2013 Partylist Elections;
7.
After
due notice and hearing, the Second Division of the COMELEC issued a resolution
promulgated 12 September denying the application of ALAM, which resolution was
received by ALAM on 20 September 2012;
8.
A
copy of the Resolution of the Second Division denying the application for
accreditation of ALAM is attached hereto as ANNEX “B”;
9.
Seasonably,
ALAM filed on 24 September 2012 a motion for reconsideration and a supplemental
motion for reconsideration;
10.
The
hearing for the motion for reconsideration was held;
11.
As
required, ALAM filed its memorandum;
12.
The
COMELEC Second Division issued a
resolution promulgated 12 November 2012 denying the motion for reconsideration;
13.
A
copy of the En Banc Resolution where only Commissioners Yusoph and Lim favored
ALAM’s motion for reconsideration is attached hereto as ANNEX “C”;
14.
Aggrieved
by the decision of the Commission En Banc, ALAM filed before the Supreme Court
a Petition for Review and for Certiorari and Prohibition;
15.
A
copy of the main petition is attached hereto as ANNEX “D”;
16.
In
response thereto, the Supreme Court issued a resolution dated December 4, 2012 directing,
among others, for all parties to observe the Status Quo prevailing before the
COMELEC issued the 12 November 2012 Resolution
denying ALAM’s motion for reconsideration;
17.
A
copy of the same order is attached hereto as ANNEX “E”;
18.
The
respondents received a copy of the said Supreme Court order;
19.
Among
the most significant events that occurred before the 12 November 2012
Resolution that denied the motion for reconsideration of ALAM was Comelec
Resolution No. 9467 that was promulgated by the Comelec on 15 June 2012;
20.
A
copy of Comelec Resolution No. 9467 downloaded from the website of the Comelec,
found particularly on 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
is attached hereto as ANNEX “F”;
21.
The
pertinent part of Comelec Resolution No. 9467 is Section 1, which reads:
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.
22.
On
19 December 2012, the respondents as the Chairman and Commissioners passed
Comelec Resolution No. 9591 to amend Resolution No. 9467, and this Comelec
Resolution can be downloaded from this website,
http://www.comelec.gov.ph/uploads/Elections/2013natloc/res/com_res_9591.pdf;
23.
A
copy of Comelec Resolution No. 9591 is attached hereto as ANNEX “G”;
24.
The
amendment effectively excluded ALAB NG MAMAMAHAYAG (ALAM) from getting allowed
to participate in the raffle for the placement in the official PCOS ballot;
25.
The
respondents through the Comelec website issued notices announcing the names of
the partylist groups allowed to take part in the raffle set for 4 January 2013,
in the afternoon;
26.
ALAM’s
representative and secretary general Edwin R. Alcala, assisted by Atty. Cirilo
P. Sabarre, Jr., attended the raffle and he was made to pick up or draw the
number and ALAM picked No. 34;
27.
While
the raffle was being conducted, Comelec Chairman Brillantes expressed his anger
that the partylist groups issued Status
Quo Orders but were denied earlier by the Comelec were able to pick up
their slot numbers;
28.
It
was a Friday when the raffle was held;
29.
On
the next Monday, 7 January 2013, the respondents passed Comelec Resolution No.
9604, excluding ALAM and 12 other partylist groups similarly situated or that
were also issued with a Status Quo
Orders;
30.
A
copy of Comelec Resolution No. 9604 is attached hereto as ANNEX “H” and can be downloaded from this Comelec site http://www.comelec.gov.ph/uploads/Elections/2013natloc/res/com_res_9604.pdf.;
31.
It
is therefore very obvious that despite their knowledge about the Status Quo Orders and the knowledge about the existence of
Comelec Resolution No. 9467 that they themselves made, the respondents had
malice or bad faith in issuing Comelec Resolution No. 9604 to exclude ALAM from
the official PCOS Ballot;
32.
Also,
the acts of the respondents are contemptuous, the reason that ALAM filed a
motion for contempt before the Supreme Court;
33.
A
copy of the motion for contempt is attached hereto as ANNEX “I”;
34.
The
acts of the respondents are 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;
35. These respondents actions in signing
Resolution No. 9604 is an act that caused undue prejudice to Alab ng
Mamamahayag (ALAM) and 12 other partylist groups situated similarly as ALAM’s;
36.
The
violation was blatant and offensive to the conscience of justice blatantly
disobeying the Supreme Court’s Status Quo Order and heavily tainted with bias
against ALAM;
37.
In
committing grave abuse of discretion that even an elementary lawyer knows not
to be committed, it is now clear that the respondents deliberately committed
the act that caused undue prejudice against ALAM;
38.
Additionally,
the respondents are charged with the knowledge that the COMELEC has been
sternly warned by the Supreme Court for not including in the PCOS ballot partylist
Philippine Guardian Brotherhood, Inc., yet they committed another disobedience
to the Supreme Court;
39.
This
case where the Comelec was first warned against repeating the same act is
entitled PGBI vs Comelec, G.R. No.
190529, March 22, 2011;
40.
The
dispositive portion of this promulgation by the Supreme Court reads as follows:
WHEREFORE, premises considered, the Comelec Chair35 and
Members36 are hereby found GUILTY of CONTEMPT of the Supreme Court for their
disobedience to our lawful directive, specifically the Status Quo Order dated
February 2, 2010. They are accordingly SEVERELY REPRIMANDED for this
disobedience. They are further WARNED that a repetition of the same or similar
acts shall be dealt with more severely in the future.
The Philippine Guardians Brotherhood, Inc. shall be deemed
not to have transgressed the participation and level of votes requirements
under Section 6(8) of Republic Act No. 7941 with respect to the May 10, 2010
elections.
SO ORDERED.
41.
To
put it directly, despite the clarity of the meaning of the phrase “STATUS QUO”,
it being easy to understand even by high school students, the respondents
BLATANTLY DISOBEYED the “STATUS QUO ORDERS”;
42.
The
BLATANT DISOBEDIENCE TO THE SUPREME COURT was committed NOT ONLY ONCE BUT 13
TIMES because the respondents committed the same act of stripping ALAM and 12
other partylist groups WITHOUT DUE PROCESS OF LAW;
43.
As
such, they also committed CULPABLE VIOLATION of the Constitution that is
sufficient to be a ground for impeachment of the respondents, except for
Sarmiento and Velasco whose terms have already expired;
44.
The
respondents did not even require any explanation from ALAM and 12 other
partylist groups to explain why they should not be excluded from the partylist
elections of 2013;
45.
Moreover,
these officials of the Commission committed the acts of prejudicing ALAM and 12
other partylist groups in exceeding dispatch in order for the respondents to
succeed in their malicious design or predetermination to disqualify Alab ng
Mamamahayag (ALAM) and the rest of the “Lucky 13”;
46.
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;
47.
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;
48.
January
4 was a Friday and he got no more time.
49.
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.
50.
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.
51.
That
he did it despite his knowledge that IT IS VIRTUALLY IMPOSSIBLE TO GET A
MANDATORY INJUNCTION because this is issued only after the case is terminated;
52.
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;
53.
Nevertheless,
although Brilliantes 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;
54.
All
the other commissioners aside from Commissioner Padaca are topnotch lawyers,
too.
55.
As
such, it is impossible for them not to understand the legal meaning of Status
Quo order;
56.
If
at all, they intentionally did that act of promulgating Resolution No. 9604;
57.
Hence,
it is very clear that the respondents must be disbarred for setting a bad example
to the lawyers;
58.
It is very obvious that this act of the
respondents were impelled by the motive of revenge;
59.
ALAM exposed the attempted try by three
employees of the Comelec to extort THREE MILLION PESOS (₱3,000,000.00);
60.
This exposition angered Brillantes and company
as proven by several news clippings published on the internet and elsewhere;
61.
Stories on the bribery were also published
online and offline;
62.
Section 3(e) of Republic Act 3019 is hereby
quoted, as follows:
(e) Causing any
undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other
concessions.
63.
From the circumstances narrated above, it is
very clear that the injury caused on ALAM and all its members and officials are
undue, in other words they did not deserve it;
64.
The bias is also manifest considering the fact
that the Comelec commissioners got mad at ALAM for exposing the bribe try in
exchange for registration and accreditation;
65.
The bad faith is also evidence from the same
circumstances;
66.
Even if the respondents would say they forgot
about Comelec Resolution No. 9467, still it will constitute gross inexcusable
negligence;
67.
ALAM and its officials and members had spent
so much time, energy and money in prosecuting the desire of ALAM to be
registered and accredited as a partylist group for the May 13, 2013 elections;
68.
In view of the foregoing premises, there is no
doubt that the respondents are guilty of violation of Section 3(e) of Republic
Act No. 3019;
69.
Worth mentioning here is that this complaint
for criminal violation of Section 3(e) of RA 3019 must be given due course
because it is not inconsistent with the Constitutional provision that Comelec
chairman and commissioners can be removed only by means of impeachment; and
70.
This is so because criminal violations when
prosecuted do not automatically mean removal from the position of impeachable
officers.
IN WITNESS
WHEREOF,
I sign the instant criminal Complaint for violation of Section 3(e) of Republic
Act No. 3019 on this _____ July 2013 in Manila.
BERTENI CATALUÑA CAUSING
Affiant
SUBSCRIBED
AND SWORN TO BEFORE me on this ___ of February 2013 in Manila, affiant
exhibited his IBP ID No. 60944. I further certify that I examined the affiant
and I am satisfied that he read and understood the affidavit and that the same
is his voluntary act.
Doc.
No: ____;
Page
No.: ____;
Book
No.: ____;
Series
2013.
x---------------------------------------------x
Republic of the Philippines )
City of Manila )SC
Verification
& Certificate of Non-Forum Shopping
I,
Berteni Cataluña Causing, of legal
age, Filipino, whose postal address is at Unit 1, No. 2368 Leon Guinto St.
corner JB Roxas St., Malate, Manila, under oath, hereby depose and state:
1. I am the representative of ALAM in the foregoing Complaint
for Disbarment;
2. I read and understood the same;
3. The contents therein are true of my personal knowledge and
based on authentic records;
4. I certify that other than the Complaint for Disbarment that
I filed in the Supreme Court where the relief prayed for is different, I have
not filed in any other venue and jurisdiction any action having the same facts,
laws involved, and reliefs prayed for;
5. Should I learn of one such action, I undertake to inform the
Court in five (5) days from notice.
IN WITNESS WHEREOF, I sign the instant Complaint on _____ July 2013 in Manila.
BERTENI
CATALUÑA CAUSING
Affiant
SUBSCRIBED AND SWORN TO BEFORE me on
this ___ July 2013 in Manila, affiant exhibited his IBP ID No. 60944. I further
certify that I examined the affiant and I am satisfied that he read and
understood the affidavit and that the same is his voluntary act.
Doc. No: ____;
Page No.: ____;
Book No.: ____;
Series 2013.
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