STRONG MEMORANDUM VS DISQUALIFICATION OF THICK-FACED PACQUIAO
STRONG MEMORANDUM VS
DISQUALIFICATION OF
THICK-FACED PACQUIAO
Being a story of high public interest showing an apparent example of thick-faced arrogance of just trying to brush aside the truth that he is not disqualified by reason of lack of the length of residence, it was decided to share to the public this MEMORANDUM submitted to the Commission on Elections laying out and arguing clearly and without doubt why ROGELIO "ROEL" DAPIDRAN PACQUIAO should be disqualified.
The early parts of the same Memorandum already presented more than half of total picture why Pacquiao must be kicked out of arrogance and greed for power to give lesson to all persons that money must not be looked up to as God.
The same early parts state, as follows:
"Other grounds
advanced for the declaration of nullity of proclamation were presented and
stated in the Motion for Declaration of Nullity of Proclamation."
"One of those grounds is the fact
that the respondent was not yet a registered voter of Sarangani when he filed
his certificate of candidacy on 12 October 2015."
"This
fact that Pacquiao was not yet a registered voter on 12 October 2015 was beyond
question."
"The
computer database of the Sarangani Election Office as well as its hard-copy
records can easily be retrieved without the use of legal or judicial discretion
and when retrieved will show that Rogelio Dapidran Pacquiao who was born on 17
June 1982 was not registered in Sarangani on the date of 12 October 2015."
"And
with this, the Provincial Election Officer is charged with the knowledge that
he cannot accept the certificate of candidacy that is void from the beginning
by reason of lack of residency."
"With
that knowledge, the provincial election officer was acting without jurisdiction
or authority to accept the certificate of candidacy of Pacquiao."
"To
the contrary, the Comelec database will show in one or two minutes, depending
on the speed of the signal of the internet, that Pacquiao was registered as a
voter of a separate congressional district, particularly in Barangay Apopong in
General Santos City that is a part of the First District of South Cotabato."
"Another
undisputable proof that can easily be ascertained without resorting to judicial
proceedings is the fact that Pacquiao applied for transfer of his voter
registration record only on 19 October 2015 (unlike
Abraham Khalil Mitra who applied for transfer of voter registration record from
Puerto Princesa City to the Municipality of Aborlan on 20 March 2009 or more
than a year before the election day on 2010. GR No. 191938)."
SHOULD YOU WISH TO READ THE VERY LONG MEMORANDUM FOR THE DISQUALIFICATION OF ROEL PACQUIAO, HERE IT IS POSTED:
Republic
of the Philippines
Commission on Elections
Palacio
del Gobernador
General
Luna corner Andres Soriano Sts., Manila
MEGIE
“JAMBY” RAMOS-ORIG,
Petitioner,
-
versus - SPA
No. 16-080 (DC)
For: Petition for Disqualification
Under Rule 25 of the Comelec
Rules of Procedure
ROGELIO
D. PACQUIAO,
Respondent.
x----------------------------------------x
Memorandum
with
Reiteration of the Motion to
Declare
Proclamation as Null and
Void
The complainant, by the undersigned attorney,
respectfully files this Memorandum with Reiteration of the Motion to Declare
Proclamation as Null and Void in compliance with the order the last hearing on
26 May 2016 submitting simultaneous memoranda in ten (10) days from thereon.
But before anything else, let the
technical and procedural issues be tackled first.
The respondent argued in his Answer
that the instant petition must be dismissed due to lack of jurisdiction.
The justification why there is no
jurisdiction is that the respondent has already been proclaimed as winner by
the Provincial Board of Canvasser of Sarangani Province.
At any rate, this allegation
confirmed that assertion of the petitioner in her Motion for Declaration of
Nullity of the Proclamation that respondent Pacquiao had already been
proclaimed despite opposition by the petitioner.
Nevertheless, the argument that the
instant disqualification petition be dismissed for lack of jurisdiction
patently lacks merit.
First, the jurisdiction over issues
on the election, returns and qualification of a member of the House of
Representatives are vested in the Commission on Elections and stay with the
Comelec until the said person was declared the winner in the election, took his
or her oath of office, and enters office.
As of this time of writing, the
respondent was already proclaimed as the winner but there is no evidence that
he has taken his oath. And there is also
no possibility that the respondent has entered office because the law and the
Constitution dictate that the office of all elected candidates begin at the
noon of 30 June of the year they were elected.
So
that, until there is proof that the respondent entered office, the jurisdiction
of this disqualification petition stays with the Comelec.
Considering
that little time is left before the House of Representatives starts its office
for the new term and that there is a necessity to have sufficient time to deal
with issues before the HRET (House of Representatives Electoral Tribunal)
overtakes and takes over the Comelec, it behooves the Comelec to issue its
decision at least with a sufficient time left to deal with issues and, most above all, declare in the soonest
possible time that the PROCLAMATION IS NULL and VOID FROM THE BEGINNING.
Else,
the whole exercise by the Comelec will be rendered useless and an expense
without return of investments.
Hence,
the said motion to dismiss on the ground of lack of jurisdiction must be
rejected at once and not given due course.
The Motion for Declaration
of Nullity of Proclamation
It is indispensable for the Comelec
to declare first the nullity of the proclamation if only to preserve its
jurisdiction over this case.
Else,
the HRET will overtake and take over the case and renders futile, moot and
moribund the whole exercise of the Comelec and lawyers.
If
the Comelec does not declare the nullity of the proclamation, it will allow
respondent Pacquiao to take his oath of office and enter the Office of the
Member of the House of Representatives for the Lone District of Sarangani Province
and—HRET to acquire jurisdiction.
Other grounds advanced for the
declaration of nullity of proclamation were presented and stated in the Motion
for Declaration of Nullity of Proclamation.
One of those grounds is the fact
that the respondent was not yet a registered voter of Sarangani when he filed
his certificate of candidacy on 12 October 2015.
This
fact that Pacquiao was not yet a registered voter on 12 October 2015 was beyond
question.
The
computer database of the Sarangani Election Office as well as its hard-copy
records can easily be retrieved without the use of legal or judicial discretion
and when retrieved will show that Rogelio Dapidran Pacquiao who was born on 17
June 1982 was not registered in Sarangani on the date of 12 October 2015.
And
with this, the Provincial Election Officer is charged with the knowledge that
he cannot accept the certificate of candidacy that is void from the beginning
by reason of lack of residency.
With
that knowledge, the provincial election officer was acting without jurisdiction
or authority to accept the certificate of candidacy of Pacquiao.
To
the contrary, the Comelec database will show in one or two minutes, depending
on the speed of the signal of the internet, that Pacquiao was registered as a
voter of a separate congressional district, particularly in Barangay Apopong in
General Santos City that is a part of the First District of South Cotabato.
Another
undisputable proof that can easily be ascertained without resorting to judicial
proceedings is the fact that Pacquiao applied for transfer of his voter
registration record only on 19 October 2015 (unlike
Abraham Khalil Mitra who applied for transfer of voter registration record from
Puerto Princesa City to the Municipality of Aborlan on 20 March 2009 or more
than a year before the election day on 2010. GR No. 191938).
Hence,
on the face alone it was clear and without need of judicial or executive
discretion to know whether the respondent was a registered voter of Sarangani.
The presumption of evidence applies
that what appears on its face are presumed to be the truth. To assert contrary to what is shown by the
face of the transaction is to prove that the truth is not what meets the eyes
and that is to assume a judicial burden or obligation to prove otherwise.
If on the face alone it showed that
Pacquiao was not registered, the Provincial Election Office is obligated by law
not to accept the certificate of candidacy of Pacquiao because it is no less
than the Constitution that requires that no one can run for congressman without
being a registered voter.
And
if Pacquiao insisted that the truth is beyond the face, then Pacquiao must take
the burden of proving otherwise in order for his candidacy to be accepted.
That
should be the rule: That when a person
is not a registered voter then his certificate of candidacy cannot be accepted
and to say otherwise to accept the same is NULL and VOID from the beginning.
In the 1987 Constitution of the Republic of the
Philippines, Sec. 6 or Article VI states:
“SECTION 6,
No person shall be a member of the House of Representative unless he is a
natural-born –citizen of the Philippines and, on the day of the election, is at
least twenty five years of age, able to read and write, and except the
party-list representatives, a registered
voter in the district in which he shall be elected, and a resident
thereof, for a period of not less than one year immediately preceding the day
of the election” Underscore provided.
For
the Provincial Election Officer to say that he has no discretion to assail the
residency of Pacquiao is for him to quibble or to make “palusot” that is one of
the reasons why this INDECENCY IN THIS COUNTRY IS THE TRADITION.
Thus,
if the person is not a registered voter as shown by the database, he cannot be
allowed to file a certificate of candidacy and for that person to insist is for
him to file a petition for certiorari before the Comelec.
Moreover,
it is a fact that the Provincial Election Officer knew the respondent as an
incumbent barangay chairman of a barangay outside Sarangani. Sarangani and General Santos City are
neighbours and formerly belonging to one province called “South Cotabato.”
More,
the Pacquiaos are popular in Sarangani and General Santos City (and in fact in
the World) and this can be taken of judicial notice by the Comelec. With that, the Provincial Election Officer
cannot say he did not know the respondent.
So
that it was incumbent for the same Provincial Election Officer to require Pacquiao
to submit proof of resignation from Barangay Apopong other than ascertainment
that he was a registered voter.
Further,
entries in official records of the Comelec database made in the performance of
official duties are prima facie evidence of whether or not Pacquiao was a
registered voter of Sarangani.
If
the database did not show that Pacquiao was not registered voter, it is the
Comelec that has the power to determine whether the certificate of candidacy
can be accepted or not and it is not for the Provincial Election Officer to say
otherwise.
Hence,
the general rule must be that the acceptance of a certificate of candidacy must
observe the presumption of evidence as laid down in the Rules of Evidence: That
the database must be consulted whether to accept the certificate of candidacy
or not.
And
because this was not observed by the Provincial Election Officer of Sarangani,
the certificate of candidacy of Pacquiao is NULL AND VOID from the beginning.
On
this score, it is urged in the strongest terms that the Comelec Second Division
must declare the proclamation of the respondent as null and void on the ground
that his certificate of candidacy is void from the beginning and the voidness
was very clear and unquestionable.
In
the same motion, the petitioner recited:
“The petitioner, by the undersigned counsel,
respectfully moves for the declaration of nullity of the proclamation of
Rogelio ‘Ruel’ D. Pacquiao as the winner in the elections for the lone seat of
the membership in the House of Representatives in the Province of Sarangani.
“In the morning of 15 May 2016, inside the Session
Hall of the Sangguniang Panlalawigan of Sarangani Province, the Board of
Canvassers proclaimed the respondent as the duly elected Member of the House of
representatives in the province of Sarangani.
“The petitioner was not able to get a copy of the
Certificate of Proclamation because of the confusion that reigned due to the
euphoria on the part of the victors and their supporters.
“Nevertheless, the petitioner was able to take some
shots of the proclamation where the hands of ROGELIO D. PACQUIAO were being
raised by the chairman and member of the Provincial Board of Canvassers of the
province of Sarangani. (Note that the photograph showing the chairman
of the board of canvasser raising the hands of Pacquiao was attached to the
Motion for Declaration of Nullity of the Proclamation.)
“The grounds why the proclamation must be declared
null and void are overwhelming and these point to the legal conclusion that THE
CANDIDACY OF PACQUIAO is NULL AND VOID FROM THE BEGINNING because he was not a
registered voter of Sarangani when he filed his certificate of candidacy and
that he lacked residency of one year on the day of his election on 9 May 2016.
“Additionally, no less than the 1987 constitution of
the Republic of the Philippines, Sec. 6, Article VI mandates that the residency
requirement:
‘“SECTION 6, No person shall be a member of
the House of Representative unless he is a natural-born–citizen of the
Philippines and, on the day of the election, is at least twenty five years of
age, able to read and write, and except the party-list representatives, a
registered voter in the district in which he shall be elected, and a
resident thereof, for a period of not less than one year immediately preceding
the day of the election” Underscore provided.
“Now, the strongest proof that Mr.
Pacquiao did not qualify to the residency period of one year is his IRREVOCAL
RESIGNATION LETTER DATED 30 OCTOBER 2015.
“In this letter, Mr. Pacquiao filed his IRREVOCAL
RESIGNATION from being the barangay chairman of Barangay Apopong in General
Santos City, a place belonging to another district of First District of South
Cotabato,
“Residence in a barangay is a continuing qualification
for the barangay chairman to stay in his position as barangay chairman.
“So that it can never be legally allowed for Rogelio
D. Pacquiao to serve as the barangay chairman of Apopong if it were true that
he already transferred residence to Alabel, Sarangani.
“The fact that Mr. Pacquiao never resigned from being
a barangay chairman of Apopong for more than one year ago from 8 May 2016 is a
conclusive proof that he can never be deemed to have resided in Sarangani province
earlier than 30 October 2015.
“A copy of the letter of irrevocable resignation was
attached to the petition as ANNEX ‘A’.
“Moreover, it has been established in the records of
the Commission on Elections that Pacquiao filed his certificate of candidacy
for membership in the House of Representatives on 12 October 2015 when he
applied for registration as a voter in Sarangani only on 19 October 2015.
“A copy of the application for transfer of voter’s
registration filed by Mr. Pacquiao showing he filed it only on 19 October 2015
is attached hereto as ANNEX ‘F.’
“A copy of the Certificate of Candidacy of Pacquiao is
attached to the petition as ANNEX ‘G.’
“All other evidence that are clearly showing that
Pacquiao was not yet a resident of Sarangani are the following:
1. “Deed of
Absolute Sale attached to the
petition as ANNEX “B” --- certified by the Registry of Deeds of Sarangani and
it was notarized allegedly by Atty. Tomas C. Falgui II as Doc. No. 106, Page
No. 22, Book No. CDVI, Series of 2014, dated 8 August 2014.
2. “Certification attached to the petition as ANNEX “C” -- issued by
the Clerk of Court of the Regional Trial Court of General Santos City, Atty.
Gerardine A. Jamora-Gayola, certifying that Atty. Tomas C. Falgui II has not
yet submitted his notarial documents from August 6, 2014 up to the present.
3. “Certificate
Authorizing the Registration (CAR)
attached to the petition as ANNEX “E” -- Showing that it was issued for the
same parcel of land referred to the deed of absolute sale only on September 10,
2015 at the Bureau of Internal Revenue, suggesting that if the CAR was given
only in 2015, then it is not true that the sale occurred on 8 August 2014.
“MOREOVER, it was very clear that the instant petition for
disqualification was still pending and that the Comelec has already given due
course thereto yet the Provincial Board of Canvassers of Sarangani proceeded
with the proclamation and in fact proclaimed Mr. Pacquiao.
“In sum, it is very clear that the candidacy of
Pacquiao WAS WITHOUT QUESTION TO BE NULL AND VOID from the time of filing on 12
October 20115.
“That is so because it is clear and convincing or with
proof beyond reasonable doubt that he was not a registered voter when he filed
his Certificate of Candidacy on 12 October 2015.
“Ergo, there is no other way but to declare the
proclamation of respondent Rogelio D. Pacquiao as the duly elected member of
the House of Representatives as NULL and VOID from the beginning.
“This problem could have not occurred if the Comelec
was quick enough to act on the motion for suspension of proclamation.”
Further Arguments Why
Proclamation
Must be Declared Null and
Void
In summary, the proclamation of Mr. Pacquiao is NULL and
VOID because it proceeded from the certificate of candidacy that is also NULL
and VOID from the beginning.
No right can be gotten from a null and void Certificate
of Candidacy.
And if the Certificate of
Candidacy appears void from the very beginning, it must be declared to be so at
once.
One kind of a certificate of
candidacy that is null and void is the certificate of candidacy THAT WAS
CREATED BY MEANS OF FALSIFICATION.
And the instant Certificate
of Candidacy is falsified because the one who filled it up falsified the fact
that Pacquiao did not have residence of at least one year in the province of
Sarangani.
The falsification is clear.
First, he resigned only on
30 October 2016 from the position of Barangay Chairman of Barangay Apopong in
General Santos City.
General Santos City is
included in separate congressional district of First District of South Cotabato. Saranggani is another congressional district.
Rogelio “Roel” Dapidran
Pacquiao cannot be allowed to transfer residence outside Barangay Apopong if he
stayed as incumbent barangay chairman of Barangay Apopong, General Santos City,
because doing so would be committing the felony of USURPATION OF AUTHORITY
under the Revised Penal Code. For the
Comelec to allow Pacquiao to change residence without resigning from being the
barangay chairman is for the Comelec to conspire in the commission of the
felony of Usurpation of Authority.
Hence, it cannot be said and
cannot be justified by any principle that it was true or there was some color
of truth for Pacquiao to have already changed residence when he did not resign
from being the barangay chairman. That
is because, to repeat, allowing him to be a resident of Sarangani while not
getting punished with the crime of usurpation of authority for usurping the
official powers of the barangay chairman of Apopong cannot be done.
This circumstance differed
so much from the circumstance of Abraham Khalil Mitra.
In the case of Mitra in GR
No. 191938, he changed residence when he was a congressman of the congressional
district covering the city of Puerto Princesa and Aborlan among other
municipalities. Mitra changed residence
to Aborlan which was still part of the district so that Mitra was not
committing the crime of usurpation of authority and Mitra did not suffer
disqualification as a congressman because he was still a resident of the
district, although this time as a resident of Aborlan.
So that it was erroneous for
the Second Division of the Comelec to dismiss the Petition of Elson Formoso to
Cancel the Certificate of Candidacy of Rogelio Dapidran Pacquiao by just citing
the Mitra case.
As it now appears, it is
very clear that the irrevocable resignation of Pacquiao dated 30 October 2015
is the hammer that nailed the coffin for Pacquiao’s falsification quest.
Unlike in Mitra that it was
allowed for Mitra to change residence without losing residential qualification
as congressman, Rogelio “Roel” Dapidran Pacquiao cannot be allowed to change
residence without resigning first from being the barangay chairman of Barangay
Apopong.
Pacquiao must resign because
allowing him to get away without resigning first from being a chairman would
constitute the State conspiring with Pacquiao to commit the felony of
usurpation of authority. There would be
acts of usurpation of authority because Pacquiao would have no more authority to
act as barangay chairman when he would no longer be a resident of Barangay
Apopong. Remember that residence is a
continuing qualification.
For clarity, let the Mitra
case be quoted here:
The Antecedents
When his COC for the
position of Governor of Palawan was declared cancelled, Mitra was the incumbent
Representative of the Second District of Palawan. This district then included,
among other territories, the Municipality of Aborlan and Puerto Princesa City.
He was elected Representative as a domiciliary of Puerto Princesa City, and
represented the legislative district for three (3) terms immediately before the
elections of 2010.
On March 26, 2007 (or
before the end of Mitras second term as Representative), Puerto Princesa City
was reclassified as a highly urbanized city and thus ceased to be a component
city of the Province of Palawan. The direct legal consequence of this new
status was the ineligibility of Puerto Princesa City residents from voting for
candidates for elective provincial officials.
On March 20, 2009,
with the intention of running for the position of Governor, Mitra applied for
the transfer of his Voters Registration Record from Precinct No. 03720 of Brgy.
Sta. Monica, Puerto Princesa City, to Sitio Maligaya, Brgy. Isaub, Municipality
of Aborlan, Province of Palawan. He subsequently filed his COC for the position
of Governor of Palawan as a resident of Aborlan.
Soon thereafter, respondents
Antonio V. Gonzales and Orlando R. Balbon, Jr. (the respondents) filed a
petition to deny due course or to cancel Mitras COC. They essentially argued that Mitra remains a
resident of Puerto Princesa City who has not yet established residence in
Aborlan, and is therefore not qualified to run for Governor of Palawan. Mitra
insisted in his Answer that he has successfully abandoned Puerto Princesa City
as his domicile of origin, and has established a new domicile in Aborlan since
2008.
The Parties Claims and Evidence
The
respondents petition before the COMELEC claimed that Mitras COC should be
cancelled under the following factual premises: (a) Mitra bought, in June 2009,
a parcel of land in Aborlan where he began to construct a house, but up to the
time of the filing of the petition to deny due course or to cancel Mitras COC,
the house had yet to be completed; (b) in the document of sale, Puerto Princesa
City was stated as Mitras residence (attached as Annex J of the Respondents
Petition before the COMELEC); (c) Mitras Puerto Princesa City residence was
similarly stated in his application for a building permit (attached as Annex K
of the Respondents Petition before the COMELEC); and (d) Mitras community tax
certificate states that his residence was Puerto Princesa City (attached as
Annex M of the Respondents Petition before the COMELEC). The respondents presented several affidavits
attesting to the non-completion of the construction of the house, and asserted
that without a fully constructed house, Mitra could not claim residence in
Aborlan.
Mitra denied the respondents
allegations in his Answer. He claimed that the respondents misled the COMELEC
by presenting photographs of his unfinished house on the land he purchased from
a certain Rexter Temple. He claimed, on the contrary, that his residence is located
inside the premises of the Maligaya Feedmill and Farm (Maligaya Feedmill) which
the owner, Carme Caspe, leased to him; and that he purchased a farm and
presently has an experimental pineapple plantation and a cock farm. The
transfer of his residence, he claimed, began in 2008.
He submitted the following:
(a) the Sinumpaang Salaysay of Ricardo Temple; Florame T. Gabrillo, the Punong
Barangay of Isaub, Aborlan; Marissa U. Zumarraga, Councilor of Aborlan;
Virginia J. Agpao and Elsa M. Dalisay, both Sangguniang Barangay members of
Isaub, Aborlan, attesting that Mitra resides in their locality; (b) photographs
of the residential portion of the Maligaya Feedmill where he claims to reside,
and of his Aborlan experimental pineapple plantation, farm, farmhouse and cock
farm; (c) the lease contract over the Maligaya
Feedmill; (d) the community tax
certificate he claims he himself secured, stating that Aborlan is his
residence; and (e) an updated identification card issued by the House of
Representatives stating that Aborlan is his residence.
To refute Mitras claimed
residence in Aborlan specifically, that he resides at the Maligaya Feedmill
property the respondents additionally submitted: (a) the affidavits of the 14
Punong Barangays of Aborlan and of six residents of Aborlan, all stating that
Mitra is not a resident of Aborlan and has never been seen in that
municipality; (b) a Certification from the Barangay Captain of Sta. Monica,
Puerto Princesa City stating that Mitra was a resident of that barangay as of
November 16, 2009; (c) the affidavit of Commodore Nicanor Hernandez attesting
that Mitra continues to reside in Puerto Princesa City; and (d) 24 affidavits
of former employees, workers, Aborlan residents and a customer of the Maligaya
Feedmill attesting that they have never seen Mitra during the time he claimed
to have lived there and that the area where Mitra supposedly lives is, in fact,
the office of the feedmill and is unlivable due to noise and pollution.
Ergo, it is very clear that
the proclamation must be null and void and must be declared as such.
And if it is declared null and void, then Pacquiao cannot
be validly allowed to enter the Office of the House of Representatives and be
registered in the roll of congressmen.
Main Issue: Disqualification
by lack of residence
The petitioner hereby
re-pleads all the above to form as integral parts of the arguments why Rogelio
“Roel” Dapidran Pacquiao must be declared as disqualified.
In brief, the
arguments above established the following:
(1)
Rogelio “Roel” Dapidran Pacquiao was not a registered voter of
Sarangani when he filed on 12 October 2015 his certificate of candidacy – see
attached EXHIBIT “H” as certified copy
of thereof ;
(2)
Rogelio “Roel” Dapidran Pacquiao was still a registered voter of
Barangay Apopong that is not within the congressional district of Sarangani – a
fact that can be established by the database of the Comelec and a copy of the
computer-generated printout of his registration at Apopong is attached hereto as
EXHIBIT “K”;
(3)
Rogelio “Roel” Dapidran Pacquiao filed his application for transfer of
voter’s registration records from Apopong to Poblacion of Alabel – this can be
proved by the records of the Comelec at its Provincial Office in Sarangani that
it can take judicial notice of;
(4)
Rogelio “Roel” Dapidran Pacquiao filed his irrevocable letter of
resignation (common exhibit as EXHIBIT “A” of the petitioner and EXHIBIT “15” of the respondent)
dated 30 October 2015;
(5)
That it was a criminal act or a felony for Rogelio “Roel” Dapidran
Pacquiao to abandon residence in Apopong from 2014 up to the time he filed
his irrevocable letter of resignation dated 30 October 2015 because he usurped
the powers of the barangay chairman of Apopong and as councilor of the
Sangguniang Panlalawigan of General Santos City because he was also president
of the Association of Barangay Chairman of General Santos City;
(6)
That because it was a criminal act under Article 177 of the Revised
Penal Code to transfer residence without resigning from the barangay
chairmanship of Barangay Apopong, then it is a matter of legal conclusion that
until he filed his resignation dated 30 October 2015 Pacquiao cannot be deemed
or be interpreted to have transferred residence because the Doctrine of In Dubio Pro Reo provides
that acts must be interpreted in favor of the person and the one that is in
favor of Pacquiao is that he did not abandon residence at Apopong;
(7)
The circumstances in the case of Mitra are far different than Rogelio
“Roel” Dapidran Pacquiao in many ways, as follows:
i.
Mitra filed his application for transfer for voters registration record
more than one year before the election day in 2010 WHILE Pacquiao filed his
application for transfer of his voter registration records only on 19 October
2015, much less than one year before the election day on 9 May 2016;
ii.
Mitra’s transfer of residence did not disqualify him from continuing in
his incumbency as congressman because the new residence is still within the
congressional district WHILE Pacquiao’s abandonment of residence at Apopong
disqualified him outright to continue to serve as barangay chairman of Barangay
Apopong; and
iii.
Mitra’s transfer of residence did not violate any law WHILE Pacquiao’s
transfer violated the law of Article 177 of the Revised Penal Code.
Then, in addition to the above, let the deed of
sale, the corresponding certificates of titles, certification authorizing
authority to register sale of land issued by the Bureau of Internal Revenue,
the certification issued by the Regional Trial Court of General Santos City,
etc, be scrutinized.
So far, all the other documents being claimed by
Pacquiao evidencing that he transferred residence already as early as 2014 to
Alabel CANNOT DEFEAT THE FACT THAT WITHOUT RESIGNATION FROM BEING THE BARANGAY
CHAIRMAN THERE CAN BE NO TRANSFER OF RESIDENCE BECAUSE DOING SO WOULD BE
TOLERATING A CRIME of violating Article 177 of the Revised Penal Code.
The respondent claimed that he bought the
residential property as long as August 6, 2014 and his evidence therefor is EXHIBIT “4” of Pacquiao and EXHIBIT “B” of the petitioner as a
common exhibit.
In fact, the same Deed of Absolute Sale shows that
it was PURPORTEDLY notarized by Atty. Tomas C. Falgui III as Doc. No. 106, Page
No. 21, Book No. CXVI, Series of 2014.
Can this Deed of Absolute Sale be believed in as
true?
No. Why?
That is because the Office of the Clerk of Court of
General Santos City RTC issued a Certification dated March 9, 2016 certifying
that from August 6, 2014 up to the present Atty. Tomas C. Falgui III did not
submit his notarial documents.
A copy of the Certification issued by Atty.
Gerardine A. Jamora-Gayola was marked during the marking of exhibits as EXHIBIT “C” and a copy of the original
is attached hereto. The official
receipt issued for paying the certification fee, OR No. 9469195B, dated 3-9-16,
as EXHIBIT “C-1.”
The import of the fact that the notarial book was not
submitted is that there is no presumption that will be created to prove the
existence of the alleged Deed of Absolute Sale on August 6, 2014.
Yes, it is true that
Pacquiao managed to secure a Certification from difference attorney as Clerk of
Court of the RTC of General Santos City, Atty. Marlon Gay C. Mirabueno. THIS CANNOT DEFEAT the presumption created by
the earlier certification certifying that Atty. Falgui did not submit his
notarial book.
That new certificate was dated only as 26 April 2016
and cannot defeat the 9 March 2016 certification showing that Atty. Falgui did
not submit his notarial book from 6 August to the present (9 March 2016).
If there is any interpretation from this, it means
that the notarial book submitted by Atty. Falgui after 9 March 2016 CANNOT HAVE
THE PRESUMPTION BECAUSE IT WAS NOT REGULARLY MADE AND NOT REGULARY PERFORMED AS
TO THE DATE OF SUBMISSION.
This is the command of Section 44 of Rule 130 of the
Rules of Evidence, that says:
SEC.
44. Entries in official records.—Entries in official records made in the
performance of his duty by a public officer of the Philippines, or by a person
in the performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.(38)
So that it is clear
that it cannot be concluded that the deed of absolute sale with Narciso Grafilo
cannot be given weight in order to believe in the assertion that it is true
that the sale occurred on 6 August 2014.
In fact, this appears
more as a FALSIFICATION CONSPIRACY on the part of Atty. Falgui, Atty. Mirabueno
and certain personnel of the records section of the RTC of General Santos City.
They made it appear
that Atty. Falgui submitted his notarial book for August 5, 2014 up to August
15, 2014.
The rule on submission
of notarial books demands that it shall be done EVERY THREE MONTHS AT THE MOST
and all months and days covered must be submitted. In the case of Atty. Falgui, he waited for
two (2) years before submitting his
notarial book and when he submitted ATTY. FALGUI SUBMITTED ONLY HIS BOOK FOR
ELEVEN (11) DAYS?
Supporting the
conclusion that the date of the deed of absolute sale with Grafilo is the fact
that all other three deeds of absolute sale presented by Pacquiao as EXHIBITS “6”, “7” and “8” were not even
notarized. As such, no presumption can
be acquired from the lack of notarization.
Another proofs that
support the assertion that Pacquiao falsified the deeds of absolute sale of
Pacquiao are the fact that he is super rich and that THE TRANSFER CERTIFICATE
OF TITLE NO. 148-2015000451 WAS ISSUED ONLY ON 21 SEPTEMBER 2015.
If he were rich
because his brother is a billionaire, this means that he had a lot of money to
pay for the capital gains tax, the transfer tax, the documentary stamp tax and
the registration fees.
But why it took him
until September 21, 2015 to register the transfer to his name? If anything, this September 21, 2015 is the
true date of acquisition of the said residential lot.
As evidence of the
date of transfer of registration name in the title, look at EXHIBIT “5” of Pacquiao.
Another proof that it
was only in September 2015 that Pacquiao actually acquired the residential lot
of Grafilo is the CERTIFICATE AUTHORIZING REGISTRATION ISSUED BY THE BIR
because it was dated only on SEPTEMBER 21, 2015.
A certified copy of
the Certificate Authorizing Registration is attached hereto as EXHIBIT “E.”
To prove that the
petitioner is a registered voter of Sarangani, her VOTER CERTIFICATION issued
by Election Officer Violeta B. Alvarado of Kiamba, Sarangani is attached hereto
as EXHIBIT “L.”
To support the assertion that it was a crime for
Pacquiao to abandon residence from Apopong, a copy of the Complaint Affidavit
for Usurpation of Authority filed at the Office of the Ombudsman is attached
hereto as EXHIBIT “M” in series.
All other evidence of
the respondents, which consist of affidavits, cannot prevail upon the irrevocable
resignation and the fact that abandoning his residence from Barangay Apopong is
a crime called usurpation of authority under Article 177.
The Prayer
WHEREFORE, it is prayed that the certificate of candidacy of
RUEL D. PACQUIAO be CANCELLED OUTRIGHT FOR BEING NULL AND VOID and WITHOUT
BASIS IN LAW and his PROCLAMATION BE DECLARED NULL AND VOID.
If the Decision cannot be issued immediately before
the entering of office at NOON of 30 June 2016, it is also prayed that the
Comelec DECLARE FIRST AS NULL AND VOID the proclamation of the respondent.
Other reliefs just and equitable are also prayed
for. 6 June 2016, Manila.
Causing Sabarre Castro Pelagio
Unit 1, 2368 JB
Roxas St. corner Leon Guinto St., Malate, Manila
By:
BERTENI
CATALUÑA CAUSING, CE
IBP No. 972694/
04-12-2015 / Manila IV
PTR No. 4889732 /
04-12-2015 / Manila
Roll No. 60944
MCLE No. IV – 0007338
issued 10 August 2012
(Valid from 15 April 2013 until 14 April
2016)
MCLE No. V – 0013036
issued 13 January 2016
(Valid from 15 April 2016 until 14 April 2019)
Cc:
ATTY. ROMULO B. MACALINTAL
ATTY. ANTONIO CARLOS B. BAUTISTA
13 Cagayan Valley
Street, Philamlife Village,
Las Piñas City
Counsel for Rogelio
“Roel” Dapidran Pacquiao
RUEL D. PACQUIAO
Lot 24, Block 2,
Alpha Village,
Brgy. Poblacion,
Alabel, Sarangani Province
x------------------------------------------------x
Republic of
the Philippines )
City of Manila )SC
VERIFICATION &
CERTIFICATION
I, MEGIE “JAMBY” RAMOS-ORIG, of legal age,
a resident of Poblacion Kiamba, Kiamba, Sarangani Province, a registered voter
at Precinct 0012A Poblacion Kiamba, after having been sworn to in accordance
with law, do hereby depose and stated:
1.
I caused the preparation of the foregoing MEMORANDUM that I read the
allegations therein and these are true and correct of my personal knowledge and
based on authentic records.
IN WITNESS
WHEREOF, I
hereby sign this Verification and Certification of Non-Forum Shopping on 6 June
2016 in the City of Manila.
MEGIE “JAMBY” RAMOS-ORIG
Driver’s License No. L04-06-005902
Expiring on October 15, 2017
SUBSCRIBED AND SWORN TO BEFORE ME on 6 June 2016 in the City of
Manila.
Doc. No.: ____;
Page No.: ____;
Book No.: ____;
Series of 2016.
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