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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, PETER

GONZALES, 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 CANCELLATION

OF REGISTRATION OF AKBAYAN CITIZENS’ ACTION PARTY

PREFATORY

“(T)he party or organization must not be an adjunct of, or a

project organized or an entity funded or assisted by, the

government. By the very nature of the party-list system, the

party or organization must be a group of citizens, organized

by citizens and operated by citizens. It must be independent

of the government. The participation of the government

or its officials in the affairs of a party-list candidate is

not only illegal and unfair to other parties, but also

deleterious to the objective of the law: to enable citizens

belonging to marginalized and underrepresented sectors and

organizations to be elected to the House of Representatives.”1

1 Ang Bagong Bayani v. Comelec, G.R. No. 147589, June 26, 2001

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COMPLAINANTS, unto this Honorable Commission, most respectfully state:

1. This action is 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 group

KONTRA DAYA.

c. Renato M. Reyes, Jr. is the Secretary General of Bagong Alyansang

Makabayan (BAYAN).

d. Santiago Y. Dasmariñas is the Vice-President of Confederation for the

Unity, Recognition and Advancement of Government Employees

(COURAGE), an umbrella organization of public sector unions in the

Philippines interested in the promotion of the rights and welfare of all

government workers.

e. Rodelson C. Mesa is the Secretary General of Unyon ng mga

Manggagawa 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 the

University of the Philippines.

i. Issabelle Therese M. Baguisi is the Secretary General of the National

Union of Students of the Philippines (NUSP)

j. Henri Kahn is a concerned citizen.

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3. Complainants are filing this Complaint on their own behalf as citizens

and taxpayers interested in the legal and constitutional mandate of the Honorable

Commission to ensure that the party-list system remains to be for the marginalized

and underrepresented sectors and parties. They may be served with processes of

this Honorable Commission at 4F Erythrina Building, 1 Maaralin cor. Matatag

Streets, Central District, Diliman, Quezon City 1101.

4. Defendant Akbayan Citizens’ Action Party (AKBAYAN hereafter) is a

national political party registered with this Honorable Commission and seeking to

participate 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 a

Political Party with national constituency since October 28, 1997. However, in its

website2 and other links found in the internet, it is stated that Akbayan was

formally established in January of 1998 through its Founding National Congress.

7. Akbayan began participating in the party-list system of elections since

May 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:

11th Congress (1998-2001): Loretta Ann P. Rosales

12th Congress (2001-2004): Loretta Ann P. Rosales and Mayong Aguja

13th Congress (2004-2007): Loretta Ann P. Rosales, Mayong Aguja and

Risa Hontiveros

14th Congress (2007-2010): Risa Hontiveros and Walden Bello

15th 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

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9. Its founding members, as stated in the Manifestation, are as follows:

Ricardo Reyes, Ronaldo Llamas, Walden Bello, Carmel Abao and Loretta Ann

Rosales.

10. Its nominees for the 2013 elections are:

1. Walden F. Bello

2. Ibarra M. Gutierrez

3. Angelina Ludovice Katoh

4. Sylvia Estrada Claudio

5. Francis Q. Isaac

6. Edwin A. Bustillos

11. The following Akbayan officials, founders and nominees were

appointed 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, is

currently the Chairperson of the Commission on Human Rights, and

appointee of President Aquino;

3. Joel Rocamora, former AKBAYAN president, is currently the Chairperson

of 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 the

National 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 the

Spokesperson of National Anti-Poverty Commission, and appointee of

President Aquino.

9. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is now a

commissioner of the Social Service System.

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CAUSES OF ACTION

A. Akbayan is not qualified to run in the party-list elections

because it is no longer a marginalized and underrepresented

political party;

B. Akbayan nominees do not belong to the marginalized and

underrepresented sectors that Akbayan claims to represent; and

C. Akbayan enjoys government support and funding which gives it

undue advantage over other party-list groups.

ARGUMENTS/DISCUSSION

AKBAYAN IS ALREADY

OVERREPRESENTED IN THE AQUINO

GOVERNMENT;

AKBAYAN AS A PARTY IN POWER

12. Akbayan CEASED TO EXIST as a marginalized and underrepresented

PARTY. Akbayan is now considered as a PARTY IN POWER. With these

characteristics, Akbayan is now overrepresented in government.

13. That Akbayan is overrepresented in government is evidenced by the

number of its members, personalities and officials who are occupying high

appointive positions in the Aquino administration:

a. Ronald Llamas, former Akbayan president, is the Presidential Political

Affairs Adviser of President Aquino;

b. Loretta Ann Rosales, former Akbayan president and representative, is

currently the Chairperson of the Commission on Human Rights, and

appointee of President Aquino;

c. Joel Rocamora, former Akbayan president, is currently the

Chairperson of National Anti-Poverty Commission, and appointee of

President Aquino;

d. Mario Agujo, former Akbayan representative, is currently a member of

the GSIS Board of Trustees, and appointee of President Aquino;

e. Percival Cendaña, former Akbayan chairperson, is currently the

National Youth Commission commissioner-at-large, appointee of

President Aquino;

f. Ibarra M. Gutierrez III, Akbayan’s 2nd nominee is an Undersecretary

for Political Affairs, and appointee of President Aquino;

g. Angelina Ludovice-Katoh, Akbayan’s 3rd nominee is a Commissioner

in the Presidential Commission for the Urban Poor.

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h. Risa Hontiveros-Baraquel, Akbayan president and representative, is

the Spokesperson of National Anti-Poverty Commission, and appointee

of President Aquino.

i. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is

now a Commissioner of the Social Service System.

14. The scenario wherein a party-list group has transitioned itself from

being a marginalized and underrepresented political party to one that is well-

entrenched and well-connected to the present administration, is a new development

in the Philippines’ party-list system.

15. The party-list system was included in the Constitution as a “social

justice tool designed not only to give more law to the great masses of our people who

have less in life, but also to enable them to become veritable lawmakers themselves,

empowered to participate directly in the enactment of laws designed to benefit

them. It intends to make the marginalized and the underrepresented not merely

passive recipients of the State’s benevolence, but active participants in the

mainstream of representative democracy.”3

16. But the history of the party-list system is replete with the entry, or

attempted entry, of groups who do not possess the characteristics of a party-list

group as required by the party-list law, and as clarified by the Supreme Court in

several cases.

17. For instance, the cases of Ang Bagong Bayani4, Veterans5, and Banat6

dealt with the issue of participation of major political parties in the party-list

system of elections.

a. In Ang Bagong Bayani (2001), the Supreme Court held that

“Political parties – even the major ones – may participate in the

party-list elections.

That political parties may participate in the party-list elections

does not mean, however, that any political party – or any

organization or group for that matter – may do so. The requisite

character of these parties or organizations must be consistent

3 Justice Panganiban in the Ang Bagong Bayani case, G.R. No. 147589. June 26, 2001.

4 Ibid 5 Veterans Federation Party v. Comelec, G.R. No. 136781. October 6, 2000 6 Barangay Association for National Advancement and Transparency (BANAT) v. Comelec, G.R. No. 179271 April 21, 2009

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with the purpose of the party-list system, as laid down in the

Constitution and RA 7941.”

b. In Veterans (2000) and in Banat (2009) cases, the Supreme Court

explicitly prohibited the participation of major political parties in

participating in the party-list elections:

“However, by a vote of 8-7, the Court decided to continue the

ruling in Veterans disallowing major political parties from

participating in the party-list elections, directly or

indirectly. Those who voted to continue disallowing major

political parties from the party-list elections joined Chief Justice

Reynato S. Puno in his separate opinion. On the formula to

allocate party-list seats, the Court is unanimous in concurring

with this ponencia.

WHEREFORE, we PARTIALLY GRANT the

petition. We SET ASIDE the Resolution of the COMELEC

dated 3 August 2007 in NBC No. 07-041 (PL) as well as the

Resolution dated 9 July 2007 in NBC No. 07-60. We declare

unconstitutional the two percent threshold in the distribution of

additional party-list seats. The allocation of additional seats

under the Party-List System shall be in accordance with the

procedure used in Table 3 of this Decision. Major political

parties are disallowed from participating in party-list elections.

This Decision is immediately executory. No pronouncement as

to costs.”

18. Political dynasties, the rich and powerful, and cabinet officials also

tried to join, and were successful in joining, in the party-list elections by forming

their own groups or having themselves become nominees of an already registered

party-list group.

19. For instance, in the 2010 elections, much clamor has been made

protesting the participation of pro-Arroyo party-lists and nominees, such as Ang

Galing Pinoy, 1-Utak, Ang Kasangga, ALE and BIDA.

20. In fact, Akbayan, the defendant herein, was one of the critics of the

participation of these groups who are tagged as pro-Arroyo party-lists. In its

website7, Akbayan says:

“Pro-admin party-list groups, part of Arroyo’s desperate scheme to

hold on to power post-May elections, says Akbayan 7 http://akbayan.org.ph/news/12-press-releases-press-releases/34-pro-admin-party-list-groups-part-of-arroyos-desperate-scheme-to-hold-on-to-power-post-may-elections-says-akbayan

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Category: Press Releases

Published on Wednesday, 17 February 2010 12:37

Akbayan today (Jan 22) exposes Mrs. Gloria Arroyo’s latest bid to

create a sizeable camp of GMA lapdog loyalists in Congress post-May

elections by populating the upcoming party-list elections with

administration allies.

Akbayan Chair Emeritus and three-term congresswoman Etta Rosales,

reacting to the final list of accredited party-list groups released by the

Commission on Elections, said, “it is lamentable that the dubious list of party

list groups exposed in 2007 as administration fronts are now bloating the

long list of party list bets contesting the 2010 Polls. I recall in earlier

conversation with the COMELEC that they would limit the list for 2010 to

only around fifty or a little more. Yet, what we now have is three times this

size – 150!”

Rosales said “against COMELEC’s expectations, packing the party-

list contenders with Palace fronts can only be interpreted as a

desperate effort by the Palace to fill up the next Congress with GMA

lapdogs. Apparently, the fears of a new critical leadership with its

newly elected district allies in Congress after May 2010 can only be

countered by the backdoor election of GMA puppets disguised in

emasculated party list robe.”

Already Exposed in 2007

It can be recalled that in the 2007 midterm elections, Akbayan launched the

Bare the List campaign to force COMELEC to disclose the names of all

nominees of all accredited party-list groups. “Many of the accredited party

list organizations for the 2010 race are the same as those which we

challenged as administration-fielded bogus groups in the 2007 elections,”

Rosales continued.

To prove this, Rosales encouraged the voting public to visit the campaign blog

(http://barethelist.wordpress.com/ ) Akbayan mounted in 2007 listing the

pseudo party-list groups. The list includes party-list groups accredited by

COMELEC in 2010 elections and controversial incumbent groups such as

Ang Kasangga, represented by the President’s sister-in-law and Banat,

represented by the general whose claim to fame lies in his reputation for

leaving a trail of blood in every provincial assignment he is given.

Rosales explained that in 2007 COMELEC refused to reveal the nominees of

these fronts. Akbayan filed a petition before the Supreme Court asking for a

full disclosure of the nominees which the High Court granted. Today, the

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COMELEC has passed a resolution that ensures the publication of all the

party list nominees.

“Ngayon, madali nang malaman kung sino ang mga kaibigan ng

administrasyon na tumatakbo sa party-list,” Rosales added.”

(Emphasis supplied)

21. Rightly so, the participation of the pro-administration (pro-GMA at

that time) party-lists only creates what Akbayan calls as a “sizeable camp of GMA

lapdog loyalists in Congress” and “GMA puppets disguised in emasculated party list

robe.” This situation greatly is detrimental to the party-list system and to the

prejudice of the marginalized and underrepresented sectors, considering that GMA

was at that time already tagged as a President whose policies are anti-people and

anti-poor.

22. But now, after 14 years of existence as a party-list group, the tides

have turned for Akbayan. Using the analogy of Justice Panganiban8, Akbayan is no

longer an outsider given the context of this present administration:

“The import of the open party-list system may be more vividly understood

when compared to a student dormitory “open house,” which by its nature

allows outsiders to enter the facilities. Obviously, the “open house” is for the

benefit of outsiders only, not the dormers themselves who can enter the

dormitory even without such special privilege. In the same vein, the open

party-list system is only for the “outsiders” who cannot get elected through

regular elections otherwise; it is not for the non-marginalized or

overrepresented who already fill the ranks of Congress.”

23. When President Noynoy Aquino won in the presidential elections and

rose to power in 2010, numerous leaders and figureheads of Akbayan were

appointed by him in various high ranking positions as enumerated above.

24. A study of Akbayan’s track record would reveal that it has become

what it previously detested and protested against: a lapdog loyalist and a puppet of

the present Aquino administration.

25. In his blog9, one of the Complainants Renato M. Reyes, Jr. commented:

8 Ang Bagong Bayani case, ibid

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“Akbayan is a supporter of the reactionary, anti-people, and anti-national(ist)

Aquino regime. It has a track record of subservience to this regime. It feigns

“disagreement” with Aquino, only when the need arises, such as when their

subservience is exposed in public. Has Akbayan at anytime, protested against

Aquino? Can their track record boast of anything that would resemble a

strong opposition to the anti-people policies of this regime?

When Aquino defended the inclusion of online libel in the Cybercrime Law,

all Akbayan could muster was a frown and a sense of extreme

“disappointment”, perhaps the same kind that you feel when your team loses

a basketball game. Did they protest against Aquino? Nope. They railed

against Tito Sotto though, and some of them did a photo ops at the Mabuhay

Rotonda. Were they present at the SC rally on Oct. 2 and 9? Nope. Did they

file a petition vs the Cybercrime Law? Nope. Have they filed amendments to

the law? None that we know of.

The truth is, Akbayan has not protested against the Aquino regime on any

issue. It contents itself with issuing press statements that “take exception”,

“express disappointment” and whatever other cliché they can come up with.

Ever seen an Akbayan rally against Oil Deregulation? Ever watched an

Akbayan barricade against demolition teams? Ever heard of an Akbayan

rally against US military intervention under Aquino? Or extrajudicial

killings of activists and journalists under Aquino? Or a rally against

Palparan?

As far as track record goes, Akbayan can pride itself with its record of

subservience to the Aquino regime. It has partnered with the Aquino regime

in further marginalizing the marginalized and underrepresented. Remember

Akbayan’s spirited defense of Aquino’s CCT program? As Aquino himself said

during Akbayan’s Congress, “I and Akbayan think alike”.”

26. Without doubt, Akbayan is now well-entrenched in the Aquino

administration. It has a preferred status of being in the inner circle of Malacañang,

compared to other party-list groups. That if Akbayan has any agenda, plans or

projects in mind, it could go directly to the policy-makers and have these

suggestions directly heard by those who will execute the policies.

27. Akbayan, with its many positions in the present administration, is no

longer marginalized and underrepresented. It is now a PARTY IN POWER,

9 “Akbayan’s imagined marginalization and continuing deception” published on October 17, 2012, at http://natoreyes.wordpress.com/2012/10/17/akbayans-imagined-marginalization-and-continuing-deception/, last sighted October 22, 2012

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wielding considerable clout and resources. Hence, being overrepresented in

government, it must no longer participate in the party-list system of elections.

AKBAYAN NOMINEES DO NOT

BELONG TO THE SECTORS IT IS

CLAIMING TO REPRESENT

28. Akbayan nominees for the 2013 elections do not belong to the

marginalized and underrepresented sectors Akbayan claims to represent. Some of

its nominees are even appointees of President Aquino to top positions.

29. The need for the nominee of a party-list to belong to the marginalized

and underrepresented sector was explained in the Ang Bagong Bayani case:

Seventh, not only the candidate party or organization must represent

marginalized and underrepresented sectors; so also must its nominees. To

repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens

“who belong to marginalized and underrepresented sectors, organizations and

parties.” Surely, the interests of the youth cannot be fully represented by a

retiree; neither can those of the urban poor or the working class, by an

industrialist. To allow otherwise is to betray the State policy to give genuine

representation to the marginalized and underrepresented.

30. Akbayan’s Constitution10 lists the sectors that it claims to represent –

labor, peasant, women, youth, lesbians, gays, bisexuals and transgenders (LGBT),

fisherfolk, urban poor and overseas Filipinos (OFs). Akbayan has confirmed this

claim during the presentation of their witness during the summary evidentiary

hearing conducted by this Honorable Commission on 22 August 2012.

31. Second and third nominees Gutierrez and Ludovice-Katoh are top

government appointees and therefore could not be considered by any stretch of the

imagination as underrepresented or marginalized. They are Undersecretary for

Political Affairs and Commissioner in the Presidential Commission for the Urban

Poor, respectively.

32. Being presidential appointees in high ranking positions, they possess

awesome political power not possessed by the marginalized and underrepresented

sectors of society.

10 AKBAYAN Party. Who we are. Constitution. http://akbayan.org.ph/who-we-are/11-constitution-and-by-laws, last sighted October 22, 2012

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33. While Gutierrez indicated “professor” as his occupation in his

Certificate of Acceptance of Nomination (and despite the fact that at the time of

accepting he was also the Undersecretary for Political Affairs) this would not

qualify him as a nominee of Akbyan. This is precisely because “professionals” is not

one of the sectors listed and claimed by Akbayan in its Constitution (and testimony

during the summary hearings), as one of its represented sectors.

34. As for Walden Bello, he is not a laborer, peasant, woman, LGBT,

fisherman, urban poor, nor an overseas Filipino. He does not belong to any sector

that Akbayan claims to represent, in accordance to their constitution.

35. During the same summary evidentiary hearing, the witness for

Akbayan claimed that Bello belongs to the sector of “overseas Filipino”. However, it

must be pointed out that “overseas Filipinos” is not a marginalized and

underrepresented sector, but rather overseas Filipino workers or migrant workers.

To consider overseas Filipinos as a marginalized sector would be a misreading and a

defeat of the party-list law, precisely because not all overseas Filipinos are poor and

downtrodden, or marginalized. Some are millionaires, ambassadors, and

businessmen. Clearly, this rich and powerful overseas Filipinos are not the ones

intended to be represented by the party-list system.

36. In effect therefore, Walden Bello, first nominee and two-term

congressman of Akbayan, does not belong to any marginalized and

underrepresented sector that Akbayan claims and seeks to represent.

37. Clearly, these persons are disqualified to become nominees of Akbayan

and also buttresses the claim that Akbayan is run by high government officials.

38. In recent press statements, Gutierrez claims that he has already

resigned from his post as Undersecretary. This claim has no merit because the law11

and Supreme Court decision12 upholding the same, already consider government

appointees ipso facto resigned at the time of the filing of certificates of candidacy.

11 Section 4(a) of Comelec Resolution No. 8678, Section 13 of Republic Act No. 9369, and (3) Section 66 of the Omnibus Election Code 12

Quinto v. Comelec, G.R. No. 189698, February 22, 2010

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His act of resignation could not make him holier than thou and negate the fact that

he was a top ranking member of the President’s cabinet.

AKBAYAN IS A GOVERNMENT-

SPONSORED OR SUPPORTED GROUP

AND ENJOYS UNDUE ADVANTAGE

OVER OTHER PARTY-LIST GROUPS

39. The Supreme Court in the Ang Bagong Bayani case prohibited the

participation of any party or organization which gets assistance or funding from the

government. The Supreme Court recognized that this kind of party-list is illegal and

deleterious to the objective of the party-list law:

“Fifth, the party or organization must not be an adjunct of, or a project

organized or an entity funded or assisted by, the government. By the very

nature of the party-list system, the party or organization must be a group of

citizens, organized by citizens and operated by citizens. It must be

independent of the government. The participation of the government or

its officials in the affairs of a party-list candidate is not only illegal

and unfair to other parties, but also deleterious to the objective of

the law: to enable citizens belonging to marginalized and underrepresented

sectors and organizations to be elected to the House of Representatives.”

(Emphasis supplied)

40. In prohibiting government-assisted groups from joining the party-list

elections, the Supreme Court interpreted this to include participation of

“government officials”.

41. The reason that they are disqualified from the party-list system is that

these kinds of groups possess influence and access to government resources, which

give them undue advantage over other party-list groups and increases their ability

to compete in the party-list system of elections, at the same time, it stifles the

chances of the truly marginalized and underrepresented citizens to become elected

to the House of Representatives.

42. For instance, the Commission on Human Rights, headed by Rosetta

Ann Rosales since 2010, has a budget of P925,278 million in 2011; P1,420,891

billion in 2012; and P2,782,101 billion in 2013.

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43. The National Anti-Poverty Commission (NAPC), headed by Joel

Rocamora since 2010, has a budget of P73,189 million in 2011; P102,023 million in

2012; and P113,429 million in 2013. In the addition, the following members/officers

of Akbayan became employees/consultants of NAPC:

1. Arnold Tarrobago - Office of the Secretary, Consultant for

Community Participation

Affiliation: Akbayan member

2. Atty. Magistrado Mendoza Jr. - AFHRMS, Senior Policy

Consultant

Affiliation: Lawyer of FARM-Luisita, Executive Director of

Kaisahan Inc., an NGO of Akbayan

3. Jet Evangelista - Office of the Secretary, LGBT Organizer

Affiliation: Office of Risa Hontiveros 2011

4. Edmund Landrito - Office of the Assistant Secretary Gina dela

Cruz, "Informal Settlers"

Affiliation: Member ng Alex Boncayao Brigade

5. Maripaz Galang - AFHRMS, Management and HR Consultant

Affiliation: Staff of PHILHDRRA (a peasant NGO of Akbayan)

6. Alvic Padilla - PMO-Empowerment, Consultant

Affiliation: Staff of Institute for Politics and Governance,

founding NGO of Akbayan

7. Marie Labajo - PMO-Empowerment, Senior Technical Advisor

Affiliation: Secretary-General Akbayan 2002-2003

44. Recently, there has also been a Commission on Audit report13 which

questioned the hiring of consultants by NAPC, as well as overpayment to its

officials, which were in excess of the allowable limit set by law. Attached herein is

the copy of the COA Report.

45. Meanwhile, the National Youth Commission, headed by Percival

Cendaña since 2011, has a budget of P60,741million in 2011; P64,452 million in

2012; and P74,497 million in 2013.

13 Available at the COA website, http://www.coa.gov.ph/2011_AAR/NGAs/ES/NAPC_ES2011.pdf, last sighted October 21, 2012

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46. The Presidential Commission for the Urban Poor, headed by Angelina

Ludovice-Katoh, has a budget of P60,031 million in 2011; P77,684 million in 2012;

and P93,089 million in 2013.

47. With these billions of pesos in the hands of the Akbayan leadership,

Akbayan could already have their agenda, projects and plans implemented through

the agency of these offices.

48. An indicia of the “success” of this scenario – in Akbayan being able to

benefit their members through access to government – is the fact that most of

Akbayan members are recipients of poverty reduction projects of the government,

such as the KALAHI (Kapit-Bisig Laban sa Kapirapan: Link Hands in the Struggle

Against Poverty) / CIDSS (Comprehensive and Integrated Delivery of Social

Services) and the Conditional Cash Transfer program, implemented by the NAPC

and DSWD respectively.

49. Another form of government support which Akbayan enjoys to the

exclusion of all other party-lists, is that they have not less than the Presidential

Spokesperson Edwin Lacierda defend Akbayan from calls for its disqualification.

50. In response to Akbayan press statements defending itself,

Complainants herein are not questioning the claim that the marginalized sectors

can never be overrepresented. What is the point of contention here is that Akbayan,

its membership and officials, are overrepresented in the government. It is now a

party in power with undue advantage over other party-lists.

51. As a political party, Akbayan can continue to run for other elective

offices. It can still continue to lobby for more government positions and offices for its

officials and members, maintain alliance with the present administration and tow

the party line. But Complainants are against Akbayan participating in the party-

list system.

52. All told, being no longer marginalized and underrepresented, Akbayan

is no longer fit to participate in the party-list system of elections.

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PRAYER

WHEREFORE, premises considered, Complainants respectfully pray that

this Honorable Commission Give due course to this Complaint and Immediately

remove and/or cancel the registration of the AKBAYAN CITIZENS’ ACTION

PARTY;

Other reliefs as are just and equitable are likewise prayed for.

Respectfully submitted.

Quezon City for Manila; 23 October 2012.