Republic of the Philippines COMMISSION ON ELECTIONS

Manila

IN THE MATTER OF THE ROMP AND ILLEGAL ELECTIONS OF OFFICERS OF THE LIBERAL PARTY

LIBERAL PARTY, represented by its President, FRANKLIN M.DRILON,

Petitioner,

-versus- SPP No.

JOSE L. ATIENZA, JR., MICHAEL DEFENSOR, ROLAND0 ANDAYA, JR., ERIC SINGSON, HARLIN ABAYON, RODOLFO VALENCIA, FEDERICO SANDOVAL 11, DANTON BUESER, EDUARDO N ACHURA, RIGOBERTO TIGLAO, DANILO SUAREZ, FLORENCIO MIRAFLORES, SOLOMON CHUNGALAO, ELIZE AR QUINT0 and VINCENT GATO,

Respondents. x - - - - - - - - - - - - - - - - - - - - - - - - X

PETITION

The LIBERAL PARTY represented by its President, by counsel, most respectfully states:

Prefatory Statement

The election of officers of the Liberal Party (the LP) must conform to the Constitution and By-Laws of the Party (the CBL). Any election in violation and contravention of the Charter of the Party is null and void, should not be recognized and produces no legal and binding effect on the Party and the public in general.

Statement of the Parties

Petitioner - Liberal Party is a national political party duly organized and registered with the Commission on Elections. LP has been in existence for 60 years. Its National Headquarters is located at 2nd Floor Matrinco Building, Pasong Tamo, Makati City. It may be served with notices and other processes at the address of the undersigned counsel.

The Liberal Party is currently headed by its President, Hon. Franklin M. Drilon, President of the Senate of the Philippines. He was elected Party President under the CBL in November 30,2004 to serve a 3-year term.

Respondent - Jose L. Atienza, Jr., the Mayor of Manila City, is the National Chairman of the LP. He was elected as such in November 2004. He was elected as President of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the Office of the Mayor, City Hall of Manila.

Respondent - Michael Defensor was elected as Chairman of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the Office of the Presidential Chief of Staff, Malacanang, Manila.

Respondent - Roland0 Andaya, Jr., the Secretary of the Department of Budget and Management was elected as Vice-chairman of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the Office of the Secretary, Department of Budget and Management, Malacanang, Manila.

Respondents - Eric Singson, Harlin Abayon, Rodolfo Valencia, Federico Sandoval 11, Danton Bueser, D a d o Suarez, Florencio Miraflores, and Solomon Chungalao are Representatives and were elected as Executive Vice-president, Vice-president for Platform, Vice-president for Luzon, Vice-president for National Capital Region, Vice-president for Sectors, Treasurer, Deputy Treasurer, Legal, Deputy Spokesperson, and Chairman of Parliamentary Caucus of the Party respectively in the romp and illegal elections conducted yesterday, 2 March 2006. They may be served with summons, notices and other processes at the House of Representatives, Batasan Hills, Quezon City.

Respondent - Eduardo Nachura, the Presidential Legal Counsel, was elected as Secretary of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the Office of the Presidential Legal Counsel, Malacanang, Manila.

Respondent - Rigoberto Tiglao, Ambassador, was elected as Deputy Secretary of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and

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other processes at the 4th Floor J&T Building, Ramon Magsaysay Avenue, Sta. Mesa, Manila.

Respondent - Elizear Quinto was elected as Director General of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the 4th Floor J&T Building, Ramon Magsaysay Avenue, Sta. Mesa, Manila.

Respondent - Vicente Gato, Provincial Governor of Batanes, was elected as Chairman of Local Chief Executives of the Party in the romp and illegal elections conducted yesterday, 2 March 2006. He may be served with summons, notices and other processes at the Office of the Governor, Provincial Government of Batanes, Batanes.

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Nature of the Case i

L! This is a case:

1. Seeking the nullification of the election !&f respondents made during the romp and illegal elections held yesterday, 2 March 2006 at the Manila Hotel;

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2. Enjoining respondents from representing themselves as Officers of the Party and performing the duties'and functions of the offices they were allegedly elected to occupy in yesterday's romp elections; and

3. Asking formal confirmation of the election of officers of the Party in November 30,2004.

The case involves an intra-party and leadership dispute. The Supreme Court in a series of cases (Laban ng Demokvutikong Pilipino v. Commission on EIections,l Kalaw v. Commission on Elech'ons,2 Santos v. Commission on Elections,3 among others) has upheld the constitutional authority of this Commission over party identity, party standard-bearer and party leadership disputes. The 1987 Constitution lays the foundation for this authority.

Sections 2 (1) and 2 (5), Article IX-C of the 1987 Constitution read:

"C. The Commission on Elections Section2. following powers and functions:

The Commission on Elections shall exercise the

1 G.R. No. 161265, February 24,2004 2 G.R. No. 80218, November 5,1987 3 G.R. No. L-52390, March 31,1981

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(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. xxx

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. XXX"

Statement of the Material Facts and Arguments

Yesterday, 2 March 2006 in Manila Hotel, respondents were unlawfully and improperly elected officers of the Liberal Party. They were

There was no notice of elections of Officers of the Party to the Officers, members of the National Executive Council and National Political Council of the Party. What some of the members of the Party received was an invitation to a Conference on Decentralization and Local Autonomy and consultation and discussion on "important matters concerning the Party"4 on 2 March 2006. The program of the Conferences and Memorandum Circular No. 2006-10 issued by the Department of Interior and Local Governments made no mention of any election of Party Officers.

The incumbent Officers of the Party and members of the National Executive Council were elected for a 3-year term which commenced in November 30, 2004. The fixed term of the officers cannot be abbreviated. No member of the Party can declare all election positions vacant as what happened yesterday in the romp elections. The terms of the following officials are set to expire in November 2007

National Chairman Vice-chairman President Executive Vice-president Secretary General Treasurer Vice-president for Luzon Vice-president for NCR Vice-president for Sectors

Jose L. Atienza, Jr. Francis N. Pangilinan Franklin M. Drilon JR Nereus 0. Acosta Benign0 Simeon C. Aquino, I11 Rafael P. Nantes Eric D. Singson Rodolfo C. Bacani Henedina R. Abad

4 See Invitation to Sen. Manuel A. Roxas, LP Vice-president for Policy, Platform and Advocacy (attached as Annex 'A' and made an integral part hereof) 5 See Program (attached as Annex '8' and made an integral part hereof) 6 See DILG Memorandum Circular (attached as Annex 'C' and made an integral part hereof)

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Vice-president for Policy, Platform and Advocacy Manuel A. Roxas

The National Executive Council and National Political Council were not properly convened yesterday. Such Councils were not convened, peviod. The relevant portions of the duly amended LP CBL provide:

"Section 12. AUTONOMY AND INTERDEPENDENCE - Party administcation, which is fashioned so that in the conduct of the affairs of the Party only the will of the members shall prevail, envisages autonomy in the various levels of the Party machinery, consistent with the interdependence necessary for the attainment of the objectives of the Party as provided for in this Constitution and in accordance with such decisions as from time to time may be adopted by the National Directorate, the National Executive Council, the National Political Council or the Party President.

Art. IV. THE NATIONAL DIRECTORATE. - The National Directorate shall be composed of delegates elected by the General Assemblies of the Party chapters from each of the four major geographical areas of the country, namely: Luzon, Visayas, Mindanao and the National Capitol Region.

Each General Assembly shall be convened on the call of the Party President. The General Assemblies shall be convened at least once every six (6) years. The composition and procedures of each General Assembly shall be governed by such rules and guidelines issued by the National Executive Council ( NECO) for the purpose of the Assembly, subject to the provisions of this Constitution.

The General Assemblies shall choose, inn a free and open elections, the delegates too the National Directorate, which shall not be more that one hundred (100) members unless otherwise established by the NECO, with equal representation to wit:

VI of the delegates to come from Luzon 1/4 of the delegates to come from Visayas 1h of the delegates to come from Mindanao 1/4 of the delegates to come from National Capital Region

Article V. NATIONAL EXECUTIVE COUNCIL

Section 27. COMPOSITION. The National Executive Council (NECO) shall be composed of the following members:

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1. The Party Chairman 2. The Party Vice-chairman 3. The Party President 4. The Party Executive Vice President 5. The Party Vice President for Policy, Platform and

Advocacy, External Affairs, Luzon, Visayas, Mindanao, the National Capital Region and Sectors

6. The Party Secretary General 7. The Party Deputy Secretary General 8. The Party Treasurer 9. The Party Deputy Treasurer 10. The Party Legal Counsel 11. The Party Spokespersons 12. The Party deputy Spoke person 13. The Party Director General 14.All incumbent Senators and members of the House of

Representatives who are members of the Party in good standing for at least six( 6) months

15.All incumbent Governors of provinces who are members of the Party in good standing for at least six (6) months

16. All incumbent Mayors of Cities who are members of the Party in good standing for at least six (6) months

17.All former presidents and Vice Presidents of the republic who are members of the Party in good standing for at least six ( 6) months

18. All past presidents of the Party 19. The National Presidents of all established Allied

Sectoral Groups (Youth, Women, Urban Poor, labor etc.)

Such other persons of National Stature nominated by the Party President and approved by the National Directorate

Section 30. SCHEDULE OF SESSIONS. The NECO shall meet at least once a year on the call of the Party President. The time, place and agenda of the session shall be specified in the call. It may meet at any time on the call of the Party President or with the agreement of 2/3 of all its members, or by a simple majority of the members of the National Political Council, as certified by the Party General Secretary.

Article VIII. PARTY OFFICERS

Section 26. THE PARTY CHAIRPERSON -The party chairperson shall be the titular head of the Party. As such, he shall preside over all the Area General Assemblies and conventions convened by the Party, as well as all the meetings of the Party National Directorate.”

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The Constitution and By-Laws of LP has not been amended insofar as the above-quoted sections are concerned. Under the LP CBL, there is no such organ as the National Assembly. The National Directorate on the other hand has never been established. Thus, the highest policy-making and administrative body of LP to this day is the National Executive Council. The National Executive Council can only exercise the power of the National Directorate only when the latter is not in session or has not been organized.

Under the LP CBL, only the LP President can call and convene the National Directorate, National Executive Council or National Political Council. Aside from the LP President, 2/3rds of the members of the National Directorate can call the convening of the National Directorate assuming the same has been organized, 2/3rds of the members of the National Executive Council can call the convening of the National Executive Council and the majority of the members of the National Political Council can call the convening of the National Political Council.

The alleged convening of the National Executive Council and the National Political Council yesterday was neither called by the LP President or by the required number of members of the each organ/ Council.

The LP Chairman, respondent - Atienza, could not call any of said organs/ Councils. As titular head, he can only preside over the meetings/ conventions of the National Directorate, National Executive Council and the National Political CounciI assuming said organs were properly called pursuant to the LP CBL.

As earlier stated, there was no prior call for the convening of the National Executive Council and the National Political Council. The members of the LP who were in Manila Hotel yesterday were there to attend the Conference and to be consulted on Party matters. The presence of some members of the National Executive Council and the National Political Council does not amount to a call to convene said Councils.

Even for the sake of argument that their presence in the Conference amounts to a call to convene, the presence of less than 2/3rds of the members of the National Executive Council and less than the majority of the members of the National Political Council did not meet the required numbers under the LP CBL. Out of the 102 members of the National Executive Council, only 32 were present. Out of the 22 members of the National Political Council, only 10 attended the conference.

Under the CBL, 68 members of the National Executive Council must have agreed to call the National Executive Council and 12 members of the National Political Council must have agreed to call the National Political Council.

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Thus, based on foregoing undisputed facts, the election of respondents as officers of the LP is a sham, farce, yields no legal and binding effect on LP and the public and was conducted in clear contravention of the LP CBL.

Prayer

WHEREFORE, premises considered, it is most respectfully prayed that this Honorable Commission:

1. NULLIFY the election of respondents made during the romp and illegal elections held yesterday, 2 March 2006 at the Manila Hotel;

2. ENJOIN respondents from representing themselves as Officers of the Party and performing the duties and functions of the offices they were allegedly elected to occupy in yesterday’s romp elections;

3. FORMALLY CONFIRM and RECOGNIZE of the election of officers of the Party in November 30,2004; and

4. GRANT such other reliefs as are just and equitable under the circumstances .

2 March 2006, Quezon City.

ALBERT0 C. AGRA AND ASSOCIATES No. 12 Fourth Street Saint Ignatius Village Quezon City

By:

IBP NO. 667568 - 01/05/2006 - Rizal

Quezon City PTR NO. 7145786 - 01/05/2006 -

Roll of Attorneys No. 36912

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Verification/ Certification

I, FRANKLIN M. DRILON, of legal age, Filipino, married, with postal address at the Office. of the Senate President, Philippine Senate, Manila, after having been duly sworn to in accordance with law, depose and state that:

1. I am the President of the Liberal Party, petitioner in the above- captioned case;

2. I caused the preparation of the foregoing Petition;

3. I have read the same, the allegations of which are true and correct of my own personal knowledge and belief and based on authentic records; and

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or in the different Division thereof, or in any other tribunal or agency, and that, to the best of my knowledge, no such action or proceeding is pending with the Supreme Court, the Court of Appeals, or agency. If I should learn that a similar action of proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I undertake to notify or cause to notify the Honorable Court within five (5) days from such notice.

Manila, 3 March 2006.

F ILON Affiant

SUBSCRIBED AND SWORN TO u fore me this 3rd day of March 2006 affiant exhibiting his Community Tax Certificate No. 10957183 issued on 21 February 2006 at Pasay City.

Doc. No. loq PageNo. 2 BookNo. x; Series of 2006.

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Copy furnished: [By Registered Mail]

Jose L. Atienza, Jr. Office of the Mayor, City Hall of Manila

Michael Defensor Office of the Presidential Chief of Staff Malacanang, Manila

Ronald0 Andaya, Jr.

Department of Budget and Management Malacanang, Manila

Eric Singson Harlin Abayon Rodolfo Valencia Federico Sandoval I1 Danton Bueser Danilo Suarez Florencio Miraflores Solomon Chungalao House of Representatives Batasan Hills, Quezon City

. Office of the Secretary

Eduardo Nachura Office of the Presidential Legal Counsel Malacanang, Manila

Rigoberto Tiglao 4th Floor J&T Building Ramon Magsaysay Avenue Sta. Mesa, Manila

Eli Quinto 4th Floor J&T Building Ramon Magsaysay Avenue Sta. Mesa, Manila

Vicente Gat0 Office of the Governor Provincial Government of Batanes Batanes

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Explanation

The Clerk of the Commission Commission on Elections Manila

Greetings:

Please be informed that copies of this Petitioner were furnished respondents by registered mail due to lack of material time, distance of offices and lack of messengerial'personnel.

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MEMORAN%UM CIRCULAR No. 2006-10

Fehruaxy 13, 2006

TO . : ALL CONCERNED PROVINCIAL GOVERNORS, C I N NAYQR5, MUNICIPAL MAYORS AND DlLG REGIONAL DIRECT0 RS

SUBJECT : ' ,CONFERENCE ON DECENTRALWTION AND LOCAL AUTONOMY

In &&ration of its'6dh Foundation Anniversary, he Liberal Pafly (LP), hold a Conference on Decentralization ahd Local Autonomy on March 2. '.

. As represented, the.conferen~e will allow LP local chief executicles t b opponunity to discuss the need to promote greater local autonomy, exchange best practices in local governance, and aims to discuss the 'proposal for the shift to a parliamentary-federal system of government a s proposed by the Consultative Commission.

In this connection, ali Provlncial Governors, City Mayors and Municipal Mayors, who are members of the Liberal Party, are hereby encouraged to attend the said activity on official business. 'The payment of applicable travelling expenses and a registration fee, if any, to defray. the costs of hotel '

accommodation, meals and conference materials, par participant, may be authorized chargeable against local funds, subject to the availability thereof, and to the usual accounting and auditing requirements and to all pertinent iaws,

. . rules and regulations., Provided, that the travelling expenses and registration fees of local government participants are explicitly provided in the CY 2046 approprititiohS of concerned local government units, and pravided further, that such amounts shall not be charged, against the 20% Development' Fund or from whatever source thht may prejudice on-going poveity alleviation effarts.

For other details, interested parties,may communicate directly to the CP ' . National Office' at 4/F, J&T Bldg., 3894 Ramon Magsaysay Boulevard, Sta: Mesa, Manila or by e-mail ,address: 1iberalpar"lv.ph~;amaii.com through TeleRhone No: (632) 7?3-8876 and (632) 715-7040 or lelefax No. (632) 715- 8505.

' 2006 ai lllo Century Park Sheraton Iioki, Vito Cruz, Manila.

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For the information and guidance of all concerned.