Filing fee of P20k is killing
justice vs fake congressman
|Megie "Jamby" Orig shows the petition for disqualification vs Roel Pacquiao, |
which petition was never acted upon by the Second Division of the Comelec
The filing fees kill justice!
The filing fee of Twenty Thousand Pesos (PhP20,000.00) is killing the quest for justice.
This high price of the filing fee puts in jeopardy the efforts to disqualify a brother of 8-division world boxing champion Manny "Pacman" Pacquiao, now a senator but one who did not lift a finger to stop the younger sibling from making false claims.
The supposed complainant, Megie "Jamby" Ramos-Orig, has run out of money to continue what she started as a petition for disqualification filed before the Commission on Elections (Comelec) against Rogelio "Roel" Pacquiao y Dapidran, younger brother of the 8-division world boxing champion. Besides, she has yet to attend to her children in Mindanao and she is scrambling for air fare.
The disqualification bid is anchored on the fact that Roel Pacquiao lack the period of residence in the province of Sarangani in order for him to qualify to the requirement of the Constitution that all who want to run for congressman, except those in the partylist, must have resided in the district sought to be represented for at least one year on election day.
In the case of Manny's brother, he served as an elected barangay chairman of Barangay Apopong in General Santos City after winning the post in the election conducted in 2013. One the indispensable requisite to be a barangay chairman is that he must be a resident of the barangay.
Barangay Apopong belongs to the First District of South Cotabato that includes General Santos City and the municipalities of Polomolok, Tupi and Tampakan. The Province of Sarangani is another congressional district.
In order to allow him to establish residence in the province of Sarangani, Roel Pacquiao filed an irrevocable letter of resignation dated October 30, 2015 and he stated that his resignation from the position of barangay chairman was made by him to be effective November 1, 2015.
A person who served as barangay chairman is considered as usurping the authority of the barangay chairman if he abandons his residence in the barangay.
So that if Roel Pacquiao was serving legitimately as barangay chairman until 31 October 2015, he cannot be considered to have abandoned his residence in Barangay Apopong until November 1, 2015.
To be able to qualify to the one-year residency requirement, Roel Pacquio submitted deeds of absolute sale showing he bought a residential house in Alabel, Sarangani and the same deeds of absolute sale were dated 6 August 2014, which when used as basis he would be having more than one year of residence.
However, the deeds of sale are full of indications that they were faked to make it appear that they were signed by the sellers and the buyer who is Roel Pacquiao on 06 August 2014.
One proof that the deeds of absolute sale are falsified is the fact that the Clerk of Court of General Santos City Regional Trial Court, Atty. Gerardine Jamora-Gayola, a close relative of Jinky Jamora Pacquiao, issued a certification dated March 9, 2015 certifying that the same deed of absolute sale of Roel Pacquio cannot be found in the files of the same RTC and that the notary public who appeared to have notarized the sale instrument had not submitted his notarial books from 05 August 2014 up to March 9, 2016.
There were four deeds of sale because Roel bought four lots that adjoined each other. But only one deed of sale was notarized and the notary public made it appear on the document that it was notarized on 06 August 2014.
Another proof that Roel Pacquiao lied on his residence period in Alabel is the fact that he filed only in September 2015 for the transfer of the title to him.
Coupled with the fact that the Pacquiao family is very rich in Sarangani, it is highly improbable to happen that the signing of the sale really occurred on 6 August 2014 and not only in September 2015 because if Roel is too rich to afford to pay capital gains tax and other taxes and fees his normal habit should be to pay the capital gains tax within thirty (30) days from the signing of the deed of absolute sale or he will incur surcharges for late payments, and the amount of surcharge shall be 25% every year.
What made his lies exposed further is the fact that the Mitra doctrine does not apply to the case of Roel Pacquio.
Rrep. Abraham Khalil was serving as the congressmen of the district of Palawan including Puerto Princesa City when a law was passed separating Puerto Princesa from the first congressional district.
So that Mitra transferred residence to the town of Aborlan to enable him to establish the minimum residence period required while serving as congressman at the same time. The Supreme Court ruled that it was valid for Mitra to claim he changed residence while serving as incumbent congressman because the act of transferring residence did not disqualify Mitra from being a congressman.
In the case of Roel Pacquiao, if he is allowed to abandon residence in Barangay Apopong in favor of Sarangani, he committed the criminal act of usurpation of the authority of the barangay chairman if he claimed that he already abandoned Apopong residency on 6 August 2014 but while still serving as barangay chairman until October 31, 2015.
The circumstances narrated are very clear to show that Roel Pacquiao did not qualify yet to the one-year residence requirement.
Clearly, the act of Roel Pacquiao in desecrating this residence requirement insults the Constitution in the highest degree.
But the same cannot be undone and he cannot be removed from the position of congressmen of Sarangani because of one sad reality.
The complainant has no money.
A check with the secretariat of the House of Representatives Electoral Tribunal (HRET) showed that she has to pay PhP20,000.00 in order to file her petition for quo warranto to remove Roel Pacquiao.
The complainant only has until 15 July 2016 to look for money.
By the way, Orig is one of the two candidates who ran and lost against Roel Pacquio.
There could have been no problem if only the Comelec Second Division decided the petition for disqualification before Roel Pacquiao entered office on 1 July 2016. That is because the exclusive authority to decide the disqualification issue belongs to the HRET if the one being challenged as lacking in residency has already been sworn to as congressman and has already started serving the office of the congressman.
The complainant, through the undersigned counsel, is appealing to all who may have the heart to love justice to contribute only in the amount that they would commit, believing that there shall be many who will send their donations.
Anybody who would wish to donate may send text messages to 09178834254 or 09988675233.
A copy of the petition for quo warranto to be filed at the HRET is pasted below:
Republic of the Philippines
House of Representatives Electoral Tribunal
Batasan Road, Quezon City
MEGIE “JAMBY” RAMOS-ORIG,
Case No. ___________
For: Quo Warranto
ROGELIO D. PACQUIAO,
Petition for Quo Warranto
The petitioner, by the undersigned counsel, respectfully files this Petition for Quo Warranto against ROGELIO PACQUIAO y DAPIDRAN who is also known as “Roel Pacquiao.”
The Jurisdictional Compliance
(1) The respondent was proclaimed by the Provincial Board of Canvasser as the winner in the election for the lone seat of House of Representative for the Lone District of Sarangani Province and the same proclamation is presumed valid although the petitioner has been insisting that the same should be declared null and void.
(2) The respondent has already taken his oath and it is deemed as a “proper oath” as the lone member of the House of Representatives;
(3) The respondent also has already assumed the office of the said member of the House of Representatives for the Province of Sarangani;
(4) The instant petition is quo warranto and it seeks to have the respondent declared by the HRET as ineligible for the office of a member of the House of Representatives for the Province of Sarangani because he lack residence in the province of Sarangani for at least one (1) year on the day of the election on 9 May 2016;
(5) Filing fees have been paid and it is supported by the official receipts issued by the HRET;
(6) Under Rule 18 of “THE 2015 REVISED RULES OF THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL COMELEC,” a petition for Quo Warranto must be filed within fifteen (15) days from June 30, 2016 or that it must be filed on or before 15 July 2016;
(7) The instant petition is being filed today, 7 July 2016;
(8) With this fact, it is now undisputed that the instant petition is timely;
The Causes of Action
For quo warranto
(9) The House of Representatives Electoral Tribunal (HRET) has the exclusive jurisdiction over the subject matter of this case because it is no less than the Constitution that grants the same under;
(10) Section 6, 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.
(11) It is very clear that one of the indispensable qualifications for a person to be a member of the House of Representatives is a residence of at least one (1) year;
(12) In the instant case, the respondent filed on 12 October 2016 his Certificate of Candidacy (COC) for the lone seat of the House of Representatives;
(13) He filed the COC despite the fact that he lacked the residence of one (1) year on the day of the election on 9 May 2016 as will be laid down below;
(14) A copy of the COC is attached hereto as ANNEX “A”;
(15) The maximum length of the residence is only from 31 October 2015;
(16) That was because it was the date of his irrevocable resignation that he submitted to the concerned City Government offices, were he stated that he was irrevocably resigning from the position of barangay chairman of Barangay Apopong in General Santos City;
(17) In his resignation letter, the respondent clearly stated that the resignation was effective 1 November 2015;
(18) A copy of the same irrevocable resignation letter is attached hereto as ANNEX “B”;
(19) The petitioner is MEGIE “JAMBY” RAMOS-ORIG, a Filipino, married, a resident of Poblacion Kiamba, Kiamba, Sarangani Province, a registered voter at Precinct 0012A Poblacion Kiamba;
(20) A copy of the Voter Certification issued by the election office of the Municipality of Kiamba, Province of Sarangani is ANNEX “C”;
(21) For purposes of clarity, convenience and propriety, it is requested that all notices intended for the petitioner be addressed to this counsel at his address written below;
(22) The respondent is ROGELIO PACQUIAO y DAPIDRAN, who also filed a certificate of candidacy for the same lone district’s seat for House of Representatives.
(23) ROGELIO PACQUIAO y DAPIDRAN may be sent summons, subpoenas or notices at the address he represented as Lot 24, Block 2, Alpha Village, Brgy. Poblacion, Alabel, Sarangani Province.
(24) It is therefore requested that the summons or order requiring him to answer the instant petition for disqualification be addressed to the same address stated in the immediately preceding paragraph.
Allegations in Support of
the Cause of Action of Quo Warranto
(25) It is very elementary that the period of residence of one year in the district where the candidate seeks to be elected is a substantial and jurisdictional requirement for one person to be a member of the House of Representatives;
(26) If a proof is furnished that the candidate failed to satisfy the requirement of residence of one year immediately preceding the day of election, he is not qualified to be a member of the House of Representatives;
(27) The burden of proof of sufficiency in residency period rests on the shoulder of Rogelio D. Pacquiao;
(28) It is in the records of the Commission on Elections, particularly General Santos City Comelec, that Rogelio D. Pacquiao filed his certificate of candidacy for barangay chairman of Barangay Apopong in General Santos City in the year 2013;
(29) Rogelio D. Pacquiao won in the election for chairmanship of Barangay Apopong in 2013 that he was subsequently proclaimed as winner by the Comelec and that he swore into office and had entered the office of the barangay chairman right away;
(30) Another record of lack of proof of sufficient residency on the part of Rogelio is the fact that the deed of absolute sale in his favor in the buying of a residential property located at Lot 24, Block 2, Alpha Village, Barangay Poblacion, Alabel, Sarangani, has no records that the sale was notarized on the date at least one-year prior to the date of election of 9 May 2016 in order for it to acquire the presumption that the sale indeed occurred on 6 August 2014;
(31) Mr. Pacquiao made it appear that he purchased the same property on 6 August 2014 in a Deed of Absolute Sale that was allegedly notarized by Atty. Tomas C. Falgui II;
(32) A copy of the alleged Deed of Absolute Sale is attached hereto as ANNEX “D” as certified to by the Registry of Deeds of Sarangani and showing that it was so notarized by Atty. Tomas C. Falgui II as Doc. No. 106, Page No. 22, Book No. CDVI, Series of 2014, dated 6 August 2014;
(33) What lost the supposed presumption of regularity in the alleged Deed of Absolute Sale is the fact that the Clerk of Court of the Regional Trial Court of General Santos City, Atty. Gerardine A. Jamora-Gayola, certified that Atty. Tomas C. Falgui II has not yet submitted his notarial documents from August 6, 2014 up to the present;
(34) A copy of the Certification of the Office of the Clerk of Court of the RTC of General Santos City where Atty. Tomas C. Falgui II was commissioned as a notary public is attached hereto as ANNEX “E”;
(35) Now, what support the theory that the said Deed of Absolute sale is a falsification as to the date of execution are the facts that the resignation letter was done only on 30 October 2015, that the registration of the sale and the issuance of the Certificate Authorizing the Registration (CAR) were made only on September 10, 2015 at the Bureau of Internal Revenue;
(36) A copy of the registration of the sale is attached hereto a ANNEX “F”;
(37) A copy of the Certificate Authorizing the Registration is attached hereto as ANNEX “G.”
(38) September 10, 2015 is only a month before filing his Certificate of Candidacy (COC) on October 12, 2015.
(39) Genuine concern or acts for the purpose of changing residency that may have been done by the respondent must have been shown to have been done by the respondent to have been done more than one year prior the day of election;
(40) But in this case, all the acts that may have been done by the respondent were shown only to have been done less than a year before 8 May 2016;
(41) All documents or instruments evidencing transfer of residence are dated only after 8 May 2015 and this circumstance means that the presumption is too heavy that the respondent did not have at least one year of residence in Alabel, Sarangani;
(42) At the time he filed his COC as candidate for congressman for the Lone District of Sarangani the respondent was still the barangay chairman of Barangay Apopong in General Santos City;
(43) His continued act of serving as barangay chairman of Apopong Village Chairman until 1 November 2015 contradicts the argument of the respondent that he transferred domicile in the year 2014;
(44) In fact the wordings of the respondent in the same irrevocable resignation that he said the resignation was to be effective 1 November 2015 is a clear declaration of intention to abandon Barangay Apopong only to be effective 1 November 2014;
(45) So it is clear that Mr. Ruel Pacquiao has not met the required one-year residency to run for congressman in the district of Sarangani;
(46) It is stressed that Mr. Pacquiao filed his resignation as ABC President and Village Chairman also on October 30, 2015, showing that he is not entitled to be a resident of Sarangani Province only on November 1, 2015.
(47) Barangay Apopong is not part of Province of Sarangani and therefore an act of making Sarangani as a new domicile cannot be done without abandoning Barangay Apopong;
(48) Under Article 177 of the Revised Penal Code, it is criminal and punishable with imprisonment for any person to usurp an authority;
(49) Hence, it cannot be legally possible for the respondent to have transferred residence to Sarangani without resigning from being the barangay chairman of Barangay Apopong;
(50) The fact that the respondent filed his irrevocable resignation to be effective only on 1 November 2015 meant that he did not abandon his residence on any day before the date of 1 November 2015;
(51) Aside from the Deed of Absolute Sale over Lot 24 stated above, the respondent submitted to the Comelec a copy of three more deeds of absolute sale for Lot No. 23, Lot No. 25 and Lot No. 26;
(52) The fact that the respondent failed to have these three deeds of absolute sale to be acknowledged before a notary public is another evidence that proved that the Deed of Absolute Sale over Lot No. 24 that was alleged to have been notarized by Atty. Falgui was an act of falsification and that the actual date of execution of the same Deed of Absolute Sale occurred only in September 2015;
(53) The three deeds of absolute sale are for Lot No. 23, Lot No. 25 and Lot No. 26;
(54) A copy of the Deed of Absolute Sale for Lot No. 23 is attached hereto as ANNEX “H”;
(55) A copy of the Deed of Absolute Sale for Lot No. 25 is attached hereto as ANNEX “I”;
(56) A copy of the Deed of Absolute Sale for Lot No. 26 is attached hereto as ANNEX “J”;
(57) Additionally, the respondent connived with Atty. Tomas C. Falgui II and Atty. Falgui submitted instruments or deeds or documents that he notarized from 5 August 2014 up to 15 August 2014 and the date of submitting these occurred on 25 April 2016, after the earlier Certification issued by Atty. Gerardine Jamora-Gayola;
(58) Another Clerk of Court of the Regional Trial Court of General Santos City issued a certification that on 25 April 2016 Atty. Falgui submitted his notarial documents for 5 August 2014 up to 15 August 2014;
(59) This new certification proves that it was false to claim that a deed of absolute sale dated 06 August 2014 was executed and notarized on 6 August 2014;
(60) This in turn constitutes additional evidence to prove that the respondent did not acquire domicile on 6 August 2014 or any date thereafter until 8 May 2015;
(61) By Math, the latest date that Pacquiao should change residence is 8 May 2015 because the election is set for 9 March 2016;
(62) For not withdrawing his certificate of candidacy, the petitioner has been compelled to file this Petition for Quo Warranto and in doing so she was compelled to engage a lawyer and for this she hired the undersigned as her lawyer in this case;
(63) So that the petitioner is entitled to attorney’s fees in the amount to be determined by the HRET, including the appearance fees of Ten Thousand Pesos (₱10,000.00) per hearing and the acceptance fee of Three Hundred Thousand Pesos (₱300,000.00);
(64) The act of the respondent in arrogantly pushing for his candidacy despite his prior knowledge of his lack of residence constitutes a deliberate act of desecrating the Constitution and the rights of the citizens as well as the petitioner because the petitioner could have won in the election if the petitioner did not push for his self to be a candidate;
(65) So that this act of the respondent in pushing for his candidacy despite knowledge of his lack of qualification constitutes deliberate act of misconduct for it to qualify as a gross in degree to warrant an award of moral damages in favor of the petitioner in the amount to be determined by the HRET;
(66) This act of the respondent must not be copied and repeated by others in the community so that for the public good the HRET must slap the respondent with exemplary damage to be fixed by the HRET; and
(67) The petitioner paid for the filing fees and for air fares and hotel and food accommodations in prosecuting this case so that she is also entitled to be refunded of these actual expenses that can be determined only after the trial of this case.
WHEREFORE, it is respectfully prayed of the Honorable House of Representatives Electoral Tribunal (HRET) declare the respondent as NOT QUALIFIED to run and serve as a member of the House of Representatives representing the lone district of the Province of that Sarangani and to direct the House of Representatives to EVICT him from office.
Additionally, it is prayed that the HRET direct the respondent to pay the petitioner for attorney’s fees of ₱300,000.00 in acceptance fees to be added by appearance fees, moral damages of ₱200,000.00, exemplary damages of ₱200,000.00 and actual damages constituted by the filing fees, the air fares as well as the hotel and food accommodations that she incurred every hearing as well as the transportation expenses incurred in coming to the HRET from the place where the petitioner checked in to sleep.
Other reliefs just and equitable are also prayed for. 07 July 2016, Manila for Quezon City.
Causing Sabarre Castro Pelagio
Unit 1, 2368 JB Roxas St. corner Leon Guinto St., Malate, Manila
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)
ROGELIO PACQUIAO y DAPIDRAN
Lot 24, Block 2, Alpha Village,
Brgy. Poblacion, Alabel, Sarangani Province
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 Petition for Quo Warranto against Mr. Rogelio “Roel” Pacquiao y Dapidran and I read the allegations therein and these are true and correct of my personal knowledge and based on authentic records;
2. I certify that I have not filed in any other venue and jurisdiction any case of the same facts, the same law and the same reliefs prayed for except for the petition for disqualification with the Commission on Elections that has never been decided up to this moment and should I learn of any other such action I will inform the HRET in five (5) days; and
3. The other cases aside from the petition for disqualification against Rogelio D. Pacquiao at the Comelec, I also filed a complaint for election offense at the Comelec, a complaint for usurpation of authority against Rogelio D. Pacquiao at the Ombudsman against Mr. Pacquiao.
IN WITNESS WHEREOF, I hereby sign this Verification and Certification of Non-Forum Shopping on ___ July 2016 in the City of Manila.
MEGIE “JAMBY” RAMOS-ORIG
Driver’s License ID No. LO4-06-005902
SUBSCRIBED AND SWORN TO BEFORE ME on ___ July 2016 in Manila, affiant exhibiting her evidence of identity written above below her name.
Doc. No.: _____;
Page No.: _____;
Book No.: _____;
Series of 2016.