Disqualification Case Vs. Palparan
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, "Republic of the Philippines HOUSE OF REPRESENTATIVES ELECTORALTItt~AIfREP. " . , ' l~ Ii" 'f Quezon City !'iL :.~ , . 'to" ! 0W:i;'_ ;\-,.,. ,
,
[ " (.. , -
'-,
DR. REYNALDO LESACA, JR., CRIEtTINA PALABAY, RENATO M. REYES, JR., ERLIN~A CADAPAN, ANTONIO ,FLORES, 'JOSELITO USTAREZ Petit~oners, HRET CASE NO.
07-()/lJ
FOR: Quo Warranto
- versus "
MAJOR GEN. JOVITO S. PALPARAN, JR. (Ret.), Respondent. x-------------~--------~----~--------------------------------x
"However, it is not enough for the candidate to claim representation of the marginalized and 'underrepresented, becaus'e it is easy to claim and feign. The party-list _organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Section 5. Concurrently, the persons nominated by the party·list candidate-organization must be "~ipino citizens belonging to marginalized and underrepresented sectors, organization, or parties."l
PETITION FOR QUO WARRANTO
PETITIONERS, by themselves unto this Honorable Tribunal,. respectfully state:
lAng Bagong Bayani - OFW Labor Party vs. Ang Bagong Bayani - OFW Labor Party Go! Go! Philippines, et af., G. R. No. 147589, 26 June 2001.
THE PARTIES 1.
The Petitioners are Filipino citizens, residents of the
Philippines, and are named below: 1.1 PETITIONER DR. REYNALDO LESACA, JR., is of legal age, Filipino, a registered voter, and the Chairperson of Bayan Muna,
a political party
registered with the COMELEC under the party-list system pursuant to the provisions of Republic Act No. 7941 (Party-List Act). He may be served with this Honorable Tribunal’s processes and orders at 45 K-7 Street, West Kamias, Quezon City. 1.2 PETITIONER CRISTINA PALABAY is of legal age, Filipino, a registered voter, and the Secretary General of the Gabriela Women’s Party. She may be served with this Honorable Tribunal’s processes and orders at
SW-309
House
of
Representatives,
Batasan
Complex, Constitution Hills, Quezon City. 1.3 PETITIONER RENATO M. REYES, JR., is of legal age, Filipino, a registered voter, and the Secretary General of the Bagong Alyansang Makabayan (BAYAN). He may be served with this Honorable Commission’s processes and orders at Erythrina Bldg., No. 1 Matatag
cor.
Maaralin
Streets,
Central
District
Quezon City. 1.4 PETITIONER ERLINDA CADAPAN is of legal age, Filipino, a registered voter, and a founding member of HUSTISYA, an organization of the families of victims of extra-judicial killings and enforced disappearances 2
during
the
administration
of
President
Gloria
Macapagal-Arroyo. She may be served with this Honorable
Tribunal’s
processes
and
orders
at
Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City. 1.5 PETITIONER ANTONIO FLORES is of legal age, Filipino, a registered voter, and a member of the National
Executive
Committee
of
Kilusang
Magbubukid ng Pilipinas (KMP) and ANAKPAWIS Party.
He
may
be
served
with
this
Honorable
Tribunal’s processes and orders at 161-B Chico St., Project 2, Quezon City. 1.6 PETITIONER JOSELITO USTAREZ is of legal age, Filipino, a registered voter, and the President of NAFLU-KMU and an officer of ANAKPAWIS Party. He may
be
served
with
this
Honorable
Tribunal’s
processes and orders at 63 Narra Street, Barangay Claro, Project 3, Quezon City.
2.
Respondent JOVITO S. PALPARAN, JR., is the First
Nominee of Bantay Party-List who took an oath of office as the representative of the said party-list in the House of Representative after Bantay was proclaimed a winner during the 2007 party-list elections, and entitled to one seat in Congress, pursuant to the recent ruling of the Honorable Supreme Court in the case of Banat vs. COMELEC [G.R. No. 179271, 21 April 2009]. He may be served with this Honorable Tribunal’s processes and orders at the Office of the Secretary General, House of Representatives, Batasan Hills, Quezon City.
3
NATURE OF THE PETITION 3.
This is a verified Petition for quo warranto contesting the
assumption of retired Major General Jovito S. Palparan, Jr. as representative of the party-list Bantay in the House of Representatives on the ground of ineligibility. It is being filed in accordance with the provisions
of
Rule
17
of
the
2004
Rules
of
the
House
of
Representatives Electoral Tribunal.
CAUSES OF ACTION
I RESPONDENT JOVITO S. PALPARAN, JR., A RETIRED MAJOR GENERAL, IS INELIGIBLE TO BECOME A PARTY LIST NOMINEE AND REPRESENTATIVE BECAUSE HE DOES NOT BELONG TO THE MARGINALIZED AND UNDERREPRESENTED SECTORS BANTAY PURPORTS TO REPRESENT. RESPONDENT ALSO COMMITTED GROSS HUMAN RIGHTS VIOLATIONS AGAINST MARGINALIZED AND UNDERREPRESENTED SECTORS AND ORGANIZATIONS.
4.
In several news reports, respondent Jovito Palparan has
been quoted as saying that his Bantay Party-List purportedly represents victims of communist rebels, Civilian Armed Forces Geographical Units (CAFGUs), former rebels and security guards.
4
5.
From respondent Palparan’s own admission, Bantay,
which he seeks to represent in the House of Representatives, is a party-list that will supposedly represent the following sectors, namely, (1)
victims
of
communist
rebels,
(2)
Civilian
Armed
Forces
Geographical Units (CAFGUs), (3) former rebels and (4) security guards.
6.
Section 9 of R.A. 7941, or the Party-List Law provides that: “Sec. 9. Qualification of Party-List Nominees. - No person shall be nominated as party-list representative unless he is a natural born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election.” [Emphasis supplied]
7.
Relevantly, the Honorable Supreme Court, in the case of
Ang Bagong Bayani – OFW Labor Party vs. Ang Bagong Bayani – OFW Labor Party Go! Go! Philippines, et al., has defined the qualification of a party-list nominee as above-quoted, and which is reiterated hereunder, thus: ““However, it is not enough for the candidate to claim representation of the marginalized and underrepresented, because it is easy to claim and feign. The party-list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Section 5. Concurrently, the persons nominated by the party-list candidate-organization must be “Filipino citizens belonging to marginalized and underrepresented sectors, organization, or parties.” [Emphasis supplied]
5
8.
In the same case, the Honorable Supreme Court came out
with the “Guidelines in Screening Party-List Participants”, number seven of which states that: “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.”
9.
The Honorable Supreme Court, in the recent case of Banat
vs. COMELEC [G.R. No. 179271, 21 April 2009], has reiterated the above-described qualification of a party-list representative, thus:
“Under Section 9 of R.A. No. 7941, it is not necessary that the party-list organization’s nominee “wallow in poverty, destitution and infirmity” as there is no financial status required in the law. It is enough that the nominee of the sectoral party/organization/coalition belongs to the marginalized and underrepresented sectors, that is, if the nominee represents the fisherfolk, he or she must be a fisherfolk, or if the nominee represents the senior citizens, he or she must be a senior citizen.”[Emphasis supplied]
10.
Verily, the Honorable Supreme Court could not be clearer
as to the qualification of a party-list nominee, that is, he/she must belong to the marginalized and underrepresented sector he/she claims to represent.
6
11. Jovito
In this wise, it must be emphasized that respondent
S.
Palparan,
Jr.,
does
not
belong
to
the
alleged
marginalized and underrepresented sectors that he publicly pronounced to represent.
12.
Respondent Jovito Palparan, Jr. is not an alleged victim of
communist rebels, and neither is he a former rebel.
13.
Furthermore, respondent is definitely not a security guard.
In fact, several news reports indicate that he is a co-owner of the 24Hour Security Agency, which figured in two mining disputes in the provinces of Bulacan and Zambales last year. As an owner of a security
agency
he
certainly
cannot
claim
to
belong
to
underrepresented sector of private security guards.
14. judicial
Significantly, the Honorable Tribunal may well take notice
that
members
of
the
Civilian
Armed
Forces
Geographical Unit (CAFGU) cannot participate in the party-list elections, it being a government-funded entity, pursuant to the “Guidelines
for
Screening
Participants”
enunciated
by
the
Honorable Supreme Court in the Bagong Bayani case, to wit:
“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 partylist 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
7
underrepresented sectors and organizations to be elected to the House of Representatives.”[Emphasis supplied]
15.
Far
from
belonging
to
a
marginalized
and
underrepresented sector, respondent Jovito Palparan, Jr. is a “man of power”, and in fact, he continues to wield power even after his retirement from military service with the rank of Major General.
16.
The truth is respondent Jovito Palparan, Jr. was never a
marginalized individual, but for practically more than half of his life, he has wielded power by virtue of his being a high-ranking officer of the Armed Forces of the Philippines, for which he has been accused, and widely believe to have committed, a plethora of human rights violations, including the extrajudicial killings of legal activists.
17.
The Honorable Tribunal may consider the following
military career of respondent Jovito Palparan, Jr. 2, thus:
(1) Commanding General, 7th Infantry (Kaugnay) Division, Philippine Army (September 21, 2005September 11, 2006) (2) Commanding General, 8th Infantry Division, Catbalogan, Samar (2005) (3) Chief of Staff, Philippine Army (4) Commander, Philippine Humanitarian Contingent in Iraq (5) Brigade Commander, 204th Brigade, Mindoro and Romblon (6) Commander, Task Force Banahaw, CALABARZON (7) Commanding Officer, Doctrine Center (8) Commander, AFP Rapid Deployment Force (9) Commander, 24th Infantry Battalion for 5 years 2
http://www.gmanews.tv/story/31867/Jovito-S-Palparan-Jr
8
(10) Lieutenant, served in Basilan and Sulu for eight years (11) Commissioned, called to active duty to the AFP in 1973
18.
From the foregoing, there is no doubt that respondent
Jovito Palparan has always been a “man of power”, and not one who belongs to a marginalized and underrepresented sector.
19.
At this juncture, it must be stressed, as the Honorable
Supreme Court has in several occasions stressed, that the party-list system is a social justice tool designed to enable the great masses of the Filipino people to become lawmakers themselves through their representatives, who comes from them, in order, among others, to give life to the constitutional mandate of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making.
20.
Contrary to this, respondent Jovito Palparan is publicly
known to have nothing but sheer contempt for the organizations of the
marginalized
and
underrepresented,
and
for
progressive
individuals, which he has publicly declared must be stopped in their advocacies at any cost.
21.
Significantly, the Honorable Supreme Court, in the case of
Secretary of National Defense vs. Raymond and Reynaldo Manalo [G.R. No. 180906, 7 October 2008], affirmed the Court of Appeals ruling in C.A. G.R. Amparo No. 00001 [26 December 2007] that respondent Jovito Palparan was “directly involved” in the abduction of farmer-
9
brothers Raymond and Reynaldo Manalo in Bulacan on suspicion of being communist rebels, thus: “We affirm the factual findings of the appellate court, largely based on respondent Raymond Manalo’s affidavit and testimony, viz: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Gen. Palparan’s participation in the abduction was also established. At the very least, he was aware of the petitioners’ captivity at the hands of men in uniform assigned to his command. In fact, he or any other officer tendered no controversion to the firm claim of Raymond that he (Gen. Palparan) met them in person in a safehouse in Bulacan and told them what he wanted them and their parents to do or not to be doing. Gen. Palparan’s direct and personal role in the abduction might not have been shown but his knowledge of the dire situation of the petitioners during their long captivity at the hands of military personnel under his command bespoke of his indubitable command policy that unavoidably encouraged and not merely tolerated the abduction of civilians without due process of law and without probable cause. [Emphasis supplied]
22.
Indeed, allowing respondent Jovito Palparan’s nomination
as a representative of Bantay is tantamount to the “bastardization” of the party-list system.
23.
Again, how could a retired general of the Armed Forces of
the Philippines with a notorious human rights record against the marginalized
and
underrepresented
wherever
he
was
assigned
represent the said marginalized and underrepresented when he himself has repressed and suppressed them? II RETIRED MILITARY GENERALS LIKE RESPONDENT JOVITO PALPARAN, AND THEIR POLICE COUNTERPARTS, ARE NOT 10
ELIGIBLE TO BECOME PARTY-LIST NOMINEES AND REPRESENTATIVES BECAUSE THEY DO NOT BELONG TO, AND CANNOT REPRESENT THE MARGINALIZED AND UNDERREPRESENTED SECTORS OF PHILIPPINE SOCIETY.
24.
It is respectfully submitted that retired military generals
like respondent Jovito Palparan, Jr., and their counterparts in the police, cannot truly represent the marginalized and underrepresented sectors of Philippine society.
25.
There is no doubt that military generals, and their police
counterparts, are at the helm of power in Philippine society. They wield enormous powers while they are in the service. A great many of them are known to live in luxury and comfort in exclusive villages and subdivisions.
26.
In retirement, they continue to exercise power and
influence and wallow in privilege. They are even appointed to top government positions. Consider the following generals in the Arroyo government:
(1) Executive Secretary Eduardo Ermita (2) Arturo Carillo, Military Affairs Adviser (3) Honesto Isleta, Presidential Assistant on Strategic Information (4) Glenn Rabonza, Office of the Civil Defense Executive Director and National Disaster Coordinating Council Administrator (5) Angel Atutubo, Manila International Airport Authority Assistant General Manager 11
(6) Thelmo Cunanan, Chairman of the Social Security System (7) Proceso Maligalig, Head of Bataan Shipyard (8) Hermogenes Ebdane Jr., Public Works Secretary (9) Leandro Mendoza, Transportation and Communications Secretary (10) Roberto Lastimoso, Director of Metro Rail Transit Corp. (11) Angelo Reyes, Energy Secretary (12) Narciso Abaya, Chair of Bases Conversion Development Authority (13) Dionisio Santiago, PDEA Director (14) Roy Cimatu, Special Envoy to Middle East (15) Efren Abu, Ambassador to Brunei-IndonesiaMalaysia-Philippines-East Asia growth Area (BIMPEAGA) (16) Generoso Senga, Ambassador to Iran (17) Orlando Macaspac, Presidential Adviser for Police Affairs (18) Florencio Fianza, Former Chairman of the Philippine Racing Commission (19) Vidal Querol, Ambassador to Indonesia (20) Ernesto de Leon, Ambassador to Australia.
27.
Respondent Jovito Palparan himself was reported to have
been offered various positions in government immediately after his retirement from military service, but the public uproar over his then impending appointment in government office made the would-be appointing power back out. However, as the furor died down, the appointing
power
surreptitiously
appointed
respondent
Jovito
Palparan as Director of Freeport Services Corp., a company of the state-owned Subic Bay Metropolitan Authority.
28.
We thus pose this question, “How can men and women of
power truly represent the powerless?” Indeed, how can one who belongs to that privileged class of military officers that has long taken political and economic power in Philippine society represent the marginalized and underrepresented sector? 12
29.
Allowing
retired
military
generals,
and
their
police
counterparts, therefore to become nominees and representative of party-list organizations would desecrate the hallowed intent of the party-list provision of the Constitution and violate the ruling of the Supreme Court in the case of Bagong Bayani that the party list system is reserved for the marginalized and underrepresented.
30.
The Honorable Supreme Court, again the in the case of
Bagong Bayani, has clearly elucidated the import of the party-list provision, that is Section 5 (2), Article VI of the Constitution, thus:
“The intent of the Constitution is clear: to give genuine power to the people, not only by giving more law to those who have less in life, but more so by enabling them to become veritable lawmakers themselves. Consistent with this intent, the policy of the implementing law, we repeat, is likewise clear: “to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, x x x, to become members of the House of Representatives.” Where the language of the law is clear, it must be applied according to its express terms.
31.
This being the case, military generals, and their police
counterparts,
certainly
cannot
represent
the
marginalized
and
underrepresented because they do not belong to the these sectors of Philippine society, but as pointed earlier, they wield enormous political and economic powers in Philippine society while in military service and even after their retirement.
32.
Those who continue to belong to this privileged class
cannot make the hopes and dreams, the aspirations and longings of the underprivileged their own. Unfortunately, respondent Jovito 13
Palparan belongs to this class. He is therefore not qualified to become a nominee of Bantay Party-List.
PRAYER
WHEREFORE,
respectfully disqualify
pray
that
respondent
representative of Bantay
premIses
this
considered,
Honorable
Jovita
Palparan
Tribunal, as
a
Petitioners after
hearing,
nomInee
and
Party~List.
Other forms of relief, just and equitable under the circumstances are likewise prayed for.
Quezon City, 28 April 2009.
~tMftJ~~
CRIstINA-PALAJIAY Petitioner
~
ERLINDA DAPAN Petitioner
ONIO FLORES Petitioner
JOS~~Z Petitioner
14
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, DR. REYNALDO LESACA, JR., oflegal age, a Filipino, with office address at 45 K-7 Street, West Kamias, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major
General Jovita Palparan. 2. I have caused the preparation and filing of this instant Petition. 3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
DR.
~D~~~JR.
Affiant/Petitioner
.
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number W0371394 issued on May 31, 2007 and which expires on May 31, 2012.
DNO·W
PageNo.---!::;iv{ BookNo.~;
Series of 2009.
15
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) 8.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, CRISTINA PALABAY, of legal age, a Filipino, with office address at 8W-309 House of Representatives, Batasan Complex, Constitution Hills, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan. 2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
(lP~dLfL{//
CRISTINA PAL-;;AY Affiant / Pe titioner
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed' and understood the above, the affiant/ petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number 880035148 issued on December 01, 2005 and which expires on December 01, : ~ o riC"
#
Doc.NO.~ Page No. . Book No. ; Series of 2009.
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16
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) 8.8.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, RENATO M. REYES, JR., of legal age, a Filipino, with office address at Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal. ) -
\
-----.
ENATO M. REYES, JR. Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number PP0053767 issued on September 01, 2004 and which expires on September 01,2009.
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Doc. No. Page No. ~~ Book No.m; Series of 2009.
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17
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ERLINDA CADAPAN, of legal age, a Filipino, with office address at Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that:
1. I am the Petitioner in this instant case against retired Major General Jovita Palparan. 2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
E~APAN Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed' and understood the above, the affiant/ petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number UU0142540 issued on November 08, 2006 and which expires on November 08, 2011.
Doc.
!fl:J
No.~;
PageNo.~
Book No. l::..,l::£:;-
Series of 2009. 18
REPUBLIC OF THE PHILIPPINES 1 QUEZON CITY 1 S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ANTONIO FLORES, of legal age, a Filipino, with office address at 161-B Chico St., Project 2, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shaH duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
ANTONIO FLORES Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28 tl1 day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number 880044754 issued on November 24, 2005 and which expires on November 24,2010.
kt/ DOC.NO'~
Page No. . Book No. , Series of 2009.
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19
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, JOSELITO V. USTAREZ, of legal age, a Filipino, with office address at 63 Narra Street, Barangay Claro, Project 3, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner m this instant case against retired Major General Jovito Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
~~EZ
JOSELITO V. Affiant / Petitioner
SUBSCRIBED AND SWORN to before me on this 28th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed· and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number RR0153110 issued on October 03, 2005 and which expires on October 03, 2010.
t/JJr Doc. No . ..p;-.,-.; Page NO.~ I~' Book No. . Series of 20 9.
20
ANNEX “A”
Last update: April 23 2009, 11:56 PM INQUIRER HEADLINES - NATION Palparan fitness for Congress questioned Tonette Orejas / Central Luzon Desk April 23, 2009
MANILA, Philippines—The most prominent “leftist” in the House of Representatives would rather not be a seatmate of the “butcher.” If he had his way, Bayan Muna party-list Rep. Satur Ocampo would not even let retired Army Maj. Gen. Jovito Palparan Jr. take his seat. Ocampo, a House minority leader, is readying legal actions to stop Palparan from assuming a seat in the House as representative of the party-list group Bantay. Militants have taken to calling Palparan a “berdugo (butcher)” for the strings of alleged extrajudicial killings and other forms of human rights violations in Luzon and the Visayas where he was assigned until he retired in September 2006. It’s possible that Ocampo and Palparan would be sitting next to each other because seats are alphabetically arranged in the House. Despite the outcry from the Left, Palparan said he still preferred serving in the House to accepting his appointment as director of Freeport Services Corp., a company of the state-owned Subic Bay Metropolitan Authority. “Of course, Congress,” Palparan said when asked what his choice was. “That has the people’s mandate. Bantay was voted to Congress.” Bantay has “every right” to sit in Congress because it “represents marginalized sectors engaged in security and peace and order concerns,” he said. “I have no fear of him. We (members of the so-called leftist bloc in Congress) sat side by side with the Marcoses. But I don’t want to imagine myself sitting beside him,” Ocampo said in a phone interview on Wednesday, a day after the Supreme Court increased the numbers of partylist representatives to 55. But having Ocampo as a seatmate and colleague in the House is “OK” with Palparan. “I’m not picky with people. If my enemies reform, I shall love them more,” he said. Ocampo said he and his colleagues in Bayan Muna, Anakpawis and Gabriela would question Palparan’s qualifications. Ocampo has been Bayan Muna representative in the House since 2001. He is serving his last three-year term. “What are they afraid of? These militants should be afraid of what they are doing. They’re engaged in violence,” Palparan said in a phone interview. Constituents Palparan said his sector includes “victims of communist rebels, Civilian Armed Forces Geographical Units (CAFGUs), former rebels, security guards and others of similar occupations.”
21
Asked about laws he would sponsor, the retired general said: “I would focus on the welfare and protection of those sectors, and improve their livelihood. The CAFGUs, for instance, live only on small allowance and they have no benefits but their work is risky.” Palparan said he also planned to continue organizing a “counterinsurgency civilian force” throughout the country. “There are such people. They are only working silently. If given the opportunities and capabilities this time, I would push for that. I have been organizing people to resist communist rebels,” he said. On his human rights record, he said: “Nobody has proven I committed anything bad. Their apprehension is really within their minds. I can’t provide an answer to those apprehensions.” “My entry in Congress will provide the answer [if their apprehensions have bases],” he added. Security firm, dog Asked if he would divest his interest in the company 24-Hour Security, which figured in two mining disputes in the provinces of Bulacan and Zambales last year, Palparan denied owning the firm. Palparan expressed the hope that he can take along his dog Cloud, a Maltese, when reporting for office in the House. “If it’s not prohibited, I would take her along. Cloud always tags along with me,” he said. Not marginalized In Baguio City, the Cordillera Peoples Alliance (CPA) said Palparan and his party-list group had no clear representation of marginalized sector. Beverly Longid, CPA chair, said Palparan’s motive in forming Bantay was “not meant to represent the poor and marginalized sectors of society but to commit more human rights abuses against activists and left-leaning party-list groups.” She said there should be a review of the antihuman rights programs of Bantay so Palparan’s representation could be opposed. The Supreme Court disqualified in 2001 major political parties from participating in the party-list system because they did not represent marginalized and underrepresented sectors. Man of power “Palparan is not marginalized. He’s a man of power. He still exercises political influence,” Ocampo said. Another reason Palparan should not be allowed to join Congress was the Supreme Court affirmation in 2008 of the Court of Appeals ruling that the retired general was “directly involved” in the abduction of farmer-brothers Raymond and Reynaldo Manalo in Bulacan on suspicion of being communist rebels, according to Ocampo. Palparan also drew fire from the Bagong Alyansang Makabayan (Bayan). Palace support “Palparan is gloating over the fact that he gets to sit in Congress and terrorize the public anew. He owes his latest position to the support given by Malacañang and the AFP (military) for his congressional bid in 2007. Can there be any question as to where his loyalties lie now?” Bayan secretary general Renato Reyes said. Executive Secretary Eduardo Ermita expressed support for Palparan, saying he could help the House draft bills because of his long experience in counterinsurgency.
22
“He’ll be able to contribute a lot especially on possible laws on how to address our insurgency problem, including secessionist movement, and other activities that have something to do with breach of the law, security and peace and order,” Ermita said. Wrong signal The human rights group Karapatan, however, said Palparan could use the House as a venue for his anti-insurgency campaign. Palparan as a sectoral representative “sends a wrong signal to perpetrators that they can continue committing human rights violations with impunity,” said Karapatan secretary general Marie Hilao-Enriquez in the statement. With reports from TJ Burgonio and Nikko Dizon in Manila; Desiree Caluza, Inquirer Northern Luzon ©2009 www.inquirer.net all rights reserved Send your feedback here < Back
23
ANNEX “B”
Villagers want TRO on mining firm lifted Wednesday, August 20, 2008 http://www.manilatimes.net/national/2008/aug/20/yehey/prov/20080820pro2.html DOÑA REMEDIOS TRINIDAD, Bulacan: Residents of Barangay Camachin, Doña Remedios Trinidad, Bulacan are calling on Environment Secretary Lito Atienza to lift the suspension order issued by the regional office preventing the legit operation of Ore Asia Mining and Development Corporation (OAMD) causing some 7,000 families jobless. Barangay Chairman Roberto Sembrano said Judge Rodolfo de Guzman of the Municipal Trial Court-Doña Remedios Trinidad had already issued a mandatory injunction and temporary restraining order for OAMD to reassume the mining operations from the Oro Development Corporation II allegedly financed by a certain Go Kong Ket alias “Willy Keng” and being guarded by a security agency owned by Retired General Jovito Palparan. Immediately after the said court order, Palparan directed his guards from the 24-hour Security Agency to withdraw from area. Despite the court order favoring OAMD, its mining operations remain paralyzed as a result of the suspension order of Region 3-Mines Geoscience Bureau Director Anselmo Abungan. “Kung patuloy pa nilang sususpendehin ang operasyon ng minahan ay para na nilang pinatay sa gutom ang mga residente, labag ito sa 10 point-agenda ni Pangulong Gloria Arroyo sa pamamagitan ng kanyang job creation program dahil marami ang maaring makinabang sa pamumulot ng bato”. Sembrano said. Recently, the affected families held a peaceful rally in front of the DENR building asking Atienza to lift the suspension order so that they can return to work. But their pleas went to naught. Palparan admitted that he ordered his men to withdraw from the premises because he could no longer bear with the way Keng treated the situation. In a press conference, Palparan said that he turned down Keng’s orders to burn the mining equipments saying “hindi na ito makatao at labag sa aking konsensya,” At the same time, Palparan warned mining financiers and DENR officials to be extra careful on Keng to avoid being used for his personal interest. --Jefferson Antiporda
24
ANNEX “C”
Palparan says Army general cleared soldiers who stormed mining firm http://www.malaya.com.ph/may03/metro4.htm RETIRED Army Maj. Gen. Jovito Palparan yesterday said the deployment of 14 Army soldiers involved in the "takeover" of the Consolidated Mines Inc. compound in Masinloc, Zambales last April 29 was approved by 7th Infantry Division chief Brig. Gen. Ralph Villanueva, commander of the Army in Central Luzon. He said Villanueva cleared the deployment at the request of Faith Investment House (FIH) which bought the mining firm CMI. He said this was according to FHI and the PNP Criminal Investigation and Detection Group. Palparan said his security agency, 24-Hour Security Provider, had been hired by FIH to consolidate its property and that he only issued orders to his security guards and not to the soldiers. He said the soldiers were backups who were supposed to serve as blocking force outside the CMI compound while the CIDG flushed out the armed men inside who were "identified with a businessman with dealings with CMI or Zambales governor Amor Deloso." He said the soldiers only entered the compound because they were open targets where they were. Palparan said Deloso’s group later arrived and took custody of at least 10 armed men the CIDG had arrested. He said the governor asked his security guards to leave the compound but he refused. Later, he said two teams from the police and the Army assaulted the compound with clearance from Villanueva. Reports later quoted Villanueva as saying that the 7th ID was deceived into deploying soldiers to accompany the group of Palparan in taking over the mining firm. The AFP last Wednesday ordered the soldiers involved in the assault restricted and investigated but admitted it no longer has jurisdiction over the retired Palparan. Palparan said there is nothing irregular with soldiers acting as backup. He said he is willing to give a statement to Army investigators. "I did not commit any wrongdoing. But I think Gen. Villanueva, Col. (Philip) Lapinid (the battalion commander) and the provincial director (of the PNP) and the governor must be investigated also." He said he feels the initial entry of the soldiers in the compound was legitimate but he wants their actions inside the compound investigated since what they assaulted was private property. – Victor Reyes
25
ANNEX “D” http://www.gmanews.tv/story/31867/Jovito-S-Palparan-Jr
Jovito S. Palparan, Jr. 02/23/2007 | 06:28 PM PERSONAL INFORMATION • Birthdate: September 11, 1950 • Birthplace: Cagayan de Oro City • Wife: Ma. Evangelina Gamad Flores Palparan, dentist • Children: Macy, JC, Martin, Bullet, Claude ISSUES • Alleged human rights violator. The International Peasant Solidarity Mission found that there are "clear indications of military involvement" in the cases of human rights violations in Central Luzon and Southern Tagalog. The group's report noted that the military seems to have become more brazen (in committing the human rights violations) under the command of MGen. Jovito Palparan, Jr.. Malacañang came to Palparan's defense, saying that the international group's report linking the military to political killings is preposterous. In a press conference, Executive Secretary Eduardo Ermita praised Palparan as an effective component in the government's anti-insurgency campaign. •
Campaign against communist insurgency. In his brief stint as 8th Infantry Division commander, Gen. Palparan was credited for reducing the insurgency problem in Samar by 80 percent. Palparan however said he could have terminated insurgency in the province had he been given a two-month extension to implement his "clearing operation". In April 2006, Palparan gave a five-month deadline to wipe out the communist insurgency in Central Luzon - his area of responsibility as 7th Infantry Division commander.The deadline coincides with his 56th birthday and date of retirement from the AFP.
•
In Malacañang's good graces. President Arroyo promoted Palparan twice: from colonel to brigadier general (2003); and from brigadier general to major general after serving as commander of the Philippine contingent in Iraq (2004). His promotion to major general came within months of his previous promotion. In her 2006 State of the Nation Address, President Arroyo acknowledged Palparan for his offensives against rebel terrorists. In the same breath she also said that she condemns political killings.
EDUCATION • Masters in National Security Administration, National Defense College of the Philippines (1999) • Masters in Management, Philippine Christian University • Joint Services and Staff Course, Canberra, Australia • Command and General Staff Course, Fort Bonifacio, Metro Manila (with honors) 26
• • • •
Infantry Officers Advanced Course, US Infantry School, Columbus, Georgia, USA Field Officers Tactics III, Land Warfare Center, Canungra, Australia (excellent rating) BS Business Administration, University of the East Cathedral High School, Cagayan de Oro City
CAREER • Commanding General, 7th Infantry (Kaugnay) Division, Philippine Army (September 21, 2005-September 11, 2006) • Commanding General, 8th Infantry Division, Catbalogan, Samar (2005) • Chief of Staff, Philippine Army • commander, Philippine Humanitarian Contingent in Iraq • brigade commander, 204th Brigade, Mindoro and Romblon • commander, Task Force Banahaw, CALABARZON • Commanding Officer, Doctrine Center • commander, AFP Rapid Deployment Force • commander, 24th Infantry Battalion for 5 years • lieutenant, served in Basilan and Sulu for eight years • commissioned, called to active duty to the AFP in 1973 ACHIEVEMENTS (as claimed in his official biodata) • As company grade officer, his unit defeated the most notorious group of Moro National Liberation Front in Paticul, Sulu; this led to the surrender of rebel Hakim Sale a.k.a. Snake and 60 fully-armed fighters • As commander of the 24th Infantry Battalion, his unit was instrumental in o clearing eight provinces in Central Luzon and Cordillera of insurgents; o preventing the launching of coup d' etat between 1987 and 1989 o elimination/liquidation of the New People's Army / ABB in NCR, also between 1987 and 1989 AWARDS • Distinguished Service Stars o Palparan received a distinguished service star in March 2006 for his service as commander of the 8th Infantry Division-- the award was given amid persistent allegations from militant groups that he is a human rights violator. • Gold Cross Medal • Gawad sa Kaunlaran Medal • Bronze Cross Medals • Wounded Personnel Medals o Palparan was wounded early on in his military career, during an encounter with the Moro National Liberation Front. • Military Merit Medals • Campaign Medals Sources: Official Biodata, Office of the President website, GMA News, Sunday Inquirer Magazine, Newsbreak, INQ7, Arkibongbayan.org
27
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, "Republic of the Philippines HOUSE OF REPRESENTATIVES ELECTORALTItt~AIfREP. " . , ' l~ Ii" 'f Quezon City !'iL :.~ , . 'to" ! 0W:i;'_ ;\-,.,. ,
,
[ " (.. , -
'-,
DR. REYNALDO LESACA, JR., CRIEtTINA PALABAY, RENATO M. REYES, JR., ERLIN~A CADAPAN, ANTONIO ,FLORES, 'JOSELITO USTAREZ Petit~oners, HRET CASE NO.
07-()/lJ
FOR: Quo Warranto
- versus "
MAJOR GEN. JOVITO S. PALPARAN, JR. (Ret.), Respondent. x-------------~--------~----~--------------------------------x
"However, it is not enough for the candidate to claim representation of the marginalized and 'underrepresented, becaus'e it is easy to claim and feign. The party-list _organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Section 5. Concurrently, the persons nominated by the party·list candidate-organization must be "~ipino citizens belonging to marginalized and underrepresented sectors, organization, or parties."l
PETITION FOR QUO WARRANTO
PETITIONERS, by themselves unto this Honorable Tribunal,. respectfully state:
lAng Bagong Bayani - OFW Labor Party vs. Ang Bagong Bayani - OFW Labor Party Go! Go! Philippines, et af., G. R. No. 147589, 26 June 2001.
THE PARTIES 1.
The Petitioners are Filipino citizens, residents of the
Philippines, and are named below: 1.1 PETITIONER DR. REYNALDO LESACA, JR., is of legal age, Filipino, a registered voter, and the Chairperson of Bayan Muna,
a political party
registered with the COMELEC under the party-list system pursuant to the provisions of Republic Act No. 7941 (Party-List Act). He may be served with this Honorable Tribunal’s processes and orders at 45 K-7 Street, West Kamias, Quezon City. 1.2 PETITIONER CRISTINA PALABAY is of legal age, Filipino, a registered voter, and the Secretary General of the Gabriela Women’s Party. She may be served with this Honorable Tribunal’s processes and orders at
SW-309
House
of
Representatives,
Batasan
Complex, Constitution Hills, Quezon City. 1.3 PETITIONER RENATO M. REYES, JR., is of legal age, Filipino, a registered voter, and the Secretary General of the Bagong Alyansang Makabayan (BAYAN). He may be served with this Honorable Commission’s processes and orders at Erythrina Bldg., No. 1 Matatag
cor.
Maaralin
Streets,
Central
District
Quezon City. 1.4 PETITIONER ERLINDA CADAPAN is of legal age, Filipino, a registered voter, and a founding member of HUSTISYA, an organization of the families of victims of extra-judicial killings and enforced disappearances 2
during
the
administration
of
President
Gloria
Macapagal-Arroyo. She may be served with this Honorable
Tribunal’s
processes
and
orders
at
Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City. 1.5 PETITIONER ANTONIO FLORES is of legal age, Filipino, a registered voter, and a member of the National
Executive
Committee
of
Kilusang
Magbubukid ng Pilipinas (KMP) and ANAKPAWIS Party.
He
may
be
served
with
this
Honorable
Tribunal’s processes and orders at 161-B Chico St., Project 2, Quezon City. 1.6 PETITIONER JOSELITO USTAREZ is of legal age, Filipino, a registered voter, and the President of NAFLU-KMU and an officer of ANAKPAWIS Party. He may
be
served
with
this
Honorable
Tribunal’s
processes and orders at 63 Narra Street, Barangay Claro, Project 3, Quezon City.
2.
Respondent JOVITO S. PALPARAN, JR., is the First
Nominee of Bantay Party-List who took an oath of office as the representative of the said party-list in the House of Representative after Bantay was proclaimed a winner during the 2007 party-list elections, and entitled to one seat in Congress, pursuant to the recent ruling of the Honorable Supreme Court in the case of Banat vs. COMELEC [G.R. No. 179271, 21 April 2009]. He may be served with this Honorable Tribunal’s processes and orders at the Office of the Secretary General, House of Representatives, Batasan Hills, Quezon City.
3
NATURE OF THE PETITION 3.
This is a verified Petition for quo warranto contesting the
assumption of retired Major General Jovito S. Palparan, Jr. as representative of the party-list Bantay in the House of Representatives on the ground of ineligibility. It is being filed in accordance with the provisions
of
Rule
17
of
the
2004
Rules
of
the
House
of
Representatives Electoral Tribunal.
CAUSES OF ACTION
I RESPONDENT JOVITO S. PALPARAN, JR., A RETIRED MAJOR GENERAL, IS INELIGIBLE TO BECOME A PARTY LIST NOMINEE AND REPRESENTATIVE BECAUSE HE DOES NOT BELONG TO THE MARGINALIZED AND UNDERREPRESENTED SECTORS BANTAY PURPORTS TO REPRESENT. RESPONDENT ALSO COMMITTED GROSS HUMAN RIGHTS VIOLATIONS AGAINST MARGINALIZED AND UNDERREPRESENTED SECTORS AND ORGANIZATIONS.
4.
In several news reports, respondent Jovito Palparan has
been quoted as saying that his Bantay Party-List purportedly represents victims of communist rebels, Civilian Armed Forces Geographical Units (CAFGUs), former rebels and security guards.
4
5.
From respondent Palparan’s own admission, Bantay,
which he seeks to represent in the House of Representatives, is a party-list that will supposedly represent the following sectors, namely, (1)
victims
of
communist
rebels,
(2)
Civilian
Armed
Forces
Geographical Units (CAFGUs), (3) former rebels and (4) security guards.
6.
Section 9 of R.A. 7941, or the Party-List Law provides that: “Sec. 9. Qualification of Party-List Nominees. - No person shall be nominated as party-list representative unless he is a natural born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election.” [Emphasis supplied]
7.
Relevantly, the Honorable Supreme Court, in the case of
Ang Bagong Bayani – OFW Labor Party vs. Ang Bagong Bayani – OFW Labor Party Go! Go! Philippines, et al., has defined the qualification of a party-list nominee as above-quoted, and which is reiterated hereunder, thus: ““However, it is not enough for the candidate to claim representation of the marginalized and underrepresented, because it is easy to claim and feign. The party-list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Section 5. Concurrently, the persons nominated by the party-list candidate-organization must be “Filipino citizens belonging to marginalized and underrepresented sectors, organization, or parties.” [Emphasis supplied]
5
8.
In the same case, the Honorable Supreme Court came out
with the “Guidelines in Screening Party-List Participants”, number seven of which states that: “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.”
9.
The Honorable Supreme Court, in the recent case of Banat
vs. COMELEC [G.R. No. 179271, 21 April 2009], has reiterated the above-described qualification of a party-list representative, thus:
“Under Section 9 of R.A. No. 7941, it is not necessary that the party-list organization’s nominee “wallow in poverty, destitution and infirmity” as there is no financial status required in the law. It is enough that the nominee of the sectoral party/organization/coalition belongs to the marginalized and underrepresented sectors, that is, if the nominee represents the fisherfolk, he or she must be a fisherfolk, or if the nominee represents the senior citizens, he or she must be a senior citizen.”[Emphasis supplied]
10.
Verily, the Honorable Supreme Court could not be clearer
as to the qualification of a party-list nominee, that is, he/she must belong to the marginalized and underrepresented sector he/she claims to represent.
6
11. Jovito
In this wise, it must be emphasized that respondent
S.
Palparan,
Jr.,
does
not
belong
to
the
alleged
marginalized and underrepresented sectors that he publicly pronounced to represent.
12.
Respondent Jovito Palparan, Jr. is not an alleged victim of
communist rebels, and neither is he a former rebel.
13.
Furthermore, respondent is definitely not a security guard.
In fact, several news reports indicate that he is a co-owner of the 24Hour Security Agency, which figured in two mining disputes in the provinces of Bulacan and Zambales last year. As an owner of a security
agency
he
certainly
cannot
claim
to
belong
to
underrepresented sector of private security guards.
14. judicial
Significantly, the Honorable Tribunal may well take notice
that
members
of
the
Civilian
Armed
Forces
Geographical Unit (CAFGU) cannot participate in the party-list elections, it being a government-funded entity, pursuant to the “Guidelines
for
Screening
Participants”
enunciated
by
the
Honorable Supreme Court in the Bagong Bayani case, to wit:
“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 partylist 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
7
underrepresented sectors and organizations to be elected to the House of Representatives.”[Emphasis supplied]
15.
Far
from
belonging
to
a
marginalized
and
underrepresented sector, respondent Jovito Palparan, Jr. is a “man of power”, and in fact, he continues to wield power even after his retirement from military service with the rank of Major General.
16.
The truth is respondent Jovito Palparan, Jr. was never a
marginalized individual, but for practically more than half of his life, he has wielded power by virtue of his being a high-ranking officer of the Armed Forces of the Philippines, for which he has been accused, and widely believe to have committed, a plethora of human rights violations, including the extrajudicial killings of legal activists.
17.
The Honorable Tribunal may consider the following
military career of respondent Jovito Palparan, Jr. 2, thus:
(1) Commanding General, 7th Infantry (Kaugnay) Division, Philippine Army (September 21, 2005September 11, 2006) (2) Commanding General, 8th Infantry Division, Catbalogan, Samar (2005) (3) Chief of Staff, Philippine Army (4) Commander, Philippine Humanitarian Contingent in Iraq (5) Brigade Commander, 204th Brigade, Mindoro and Romblon (6) Commander, Task Force Banahaw, CALABARZON (7) Commanding Officer, Doctrine Center (8) Commander, AFP Rapid Deployment Force (9) Commander, 24th Infantry Battalion for 5 years 2
http://www.gmanews.tv/story/31867/Jovito-S-Palparan-Jr
8
(10) Lieutenant, served in Basilan and Sulu for eight years (11) Commissioned, called to active duty to the AFP in 1973
18.
From the foregoing, there is no doubt that respondent
Jovito Palparan has always been a “man of power”, and not one who belongs to a marginalized and underrepresented sector.
19.
At this juncture, it must be stressed, as the Honorable
Supreme Court has in several occasions stressed, that the party-list system is a social justice tool designed to enable the great masses of the Filipino people to become lawmakers themselves through their representatives, who comes from them, in order, among others, to give life to the constitutional mandate of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making.
20.
Contrary to this, respondent Jovito Palparan is publicly
known to have nothing but sheer contempt for the organizations of the
marginalized
and
underrepresented,
and
for
progressive
individuals, which he has publicly declared must be stopped in their advocacies at any cost.
21.
Significantly, the Honorable Supreme Court, in the case of
Secretary of National Defense vs. Raymond and Reynaldo Manalo [G.R. No. 180906, 7 October 2008], affirmed the Court of Appeals ruling in C.A. G.R. Amparo No. 00001 [26 December 2007] that respondent Jovito Palparan was “directly involved” in the abduction of farmer-
9
brothers Raymond and Reynaldo Manalo in Bulacan on suspicion of being communist rebels, thus: “We affirm the factual findings of the appellate court, largely based on respondent Raymond Manalo’s affidavit and testimony, viz: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Gen. Palparan’s participation in the abduction was also established. At the very least, he was aware of the petitioners’ captivity at the hands of men in uniform assigned to his command. In fact, he or any other officer tendered no controversion to the firm claim of Raymond that he (Gen. Palparan) met them in person in a safehouse in Bulacan and told them what he wanted them and their parents to do or not to be doing. Gen. Palparan’s direct and personal role in the abduction might not have been shown but his knowledge of the dire situation of the petitioners during their long captivity at the hands of military personnel under his command bespoke of his indubitable command policy that unavoidably encouraged and not merely tolerated the abduction of civilians without due process of law and without probable cause. [Emphasis supplied]
22.
Indeed, allowing respondent Jovito Palparan’s nomination
as a representative of Bantay is tantamount to the “bastardization” of the party-list system.
23.
Again, how could a retired general of the Armed Forces of
the Philippines with a notorious human rights record against the marginalized
and
underrepresented
wherever
he
was
assigned
represent the said marginalized and underrepresented when he himself has repressed and suppressed them? II RETIRED MILITARY GENERALS LIKE RESPONDENT JOVITO PALPARAN, AND THEIR POLICE COUNTERPARTS, ARE NOT 10
ELIGIBLE TO BECOME PARTY-LIST NOMINEES AND REPRESENTATIVES BECAUSE THEY DO NOT BELONG TO, AND CANNOT REPRESENT THE MARGINALIZED AND UNDERREPRESENTED SECTORS OF PHILIPPINE SOCIETY.
24.
It is respectfully submitted that retired military generals
like respondent Jovito Palparan, Jr., and their counterparts in the police, cannot truly represent the marginalized and underrepresented sectors of Philippine society.
25.
There is no doubt that military generals, and their police
counterparts, are at the helm of power in Philippine society. They wield enormous powers while they are in the service. A great many of them are known to live in luxury and comfort in exclusive villages and subdivisions.
26.
In retirement, they continue to exercise power and
influence and wallow in privilege. They are even appointed to top government positions. Consider the following generals in the Arroyo government:
(1) Executive Secretary Eduardo Ermita (2) Arturo Carillo, Military Affairs Adviser (3) Honesto Isleta, Presidential Assistant on Strategic Information (4) Glenn Rabonza, Office of the Civil Defense Executive Director and National Disaster Coordinating Council Administrator (5) Angel Atutubo, Manila International Airport Authority Assistant General Manager 11
(6) Thelmo Cunanan, Chairman of the Social Security System (7) Proceso Maligalig, Head of Bataan Shipyard (8) Hermogenes Ebdane Jr., Public Works Secretary (9) Leandro Mendoza, Transportation and Communications Secretary (10) Roberto Lastimoso, Director of Metro Rail Transit Corp. (11) Angelo Reyes, Energy Secretary (12) Narciso Abaya, Chair of Bases Conversion Development Authority (13) Dionisio Santiago, PDEA Director (14) Roy Cimatu, Special Envoy to Middle East (15) Efren Abu, Ambassador to Brunei-IndonesiaMalaysia-Philippines-East Asia growth Area (BIMPEAGA) (16) Generoso Senga, Ambassador to Iran (17) Orlando Macaspac, Presidential Adviser for Police Affairs (18) Florencio Fianza, Former Chairman of the Philippine Racing Commission (19) Vidal Querol, Ambassador to Indonesia (20) Ernesto de Leon, Ambassador to Australia.
27.
Respondent Jovito Palparan himself was reported to have
been offered various positions in government immediately after his retirement from military service, but the public uproar over his then impending appointment in government office made the would-be appointing power back out. However, as the furor died down, the appointing
power
surreptitiously
appointed
respondent
Jovito
Palparan as Director of Freeport Services Corp., a company of the state-owned Subic Bay Metropolitan Authority.
28.
We thus pose this question, “How can men and women of
power truly represent the powerless?” Indeed, how can one who belongs to that privileged class of military officers that has long taken political and economic power in Philippine society represent the marginalized and underrepresented sector? 12
29.
Allowing
retired
military
generals,
and
their
police
counterparts, therefore to become nominees and representative of party-list organizations would desecrate the hallowed intent of the party-list provision of the Constitution and violate the ruling of the Supreme Court in the case of Bagong Bayani that the party list system is reserved for the marginalized and underrepresented.
30.
The Honorable Supreme Court, again the in the case of
Bagong Bayani, has clearly elucidated the import of the party-list provision, that is Section 5 (2), Article VI of the Constitution, thus:
“The intent of the Constitution is clear: to give genuine power to the people, not only by giving more law to those who have less in life, but more so by enabling them to become veritable lawmakers themselves. Consistent with this intent, the policy of the implementing law, we repeat, is likewise clear: “to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, x x x, to become members of the House of Representatives.” Where the language of the law is clear, it must be applied according to its express terms.
31.
This being the case, military generals, and their police
counterparts,
certainly
cannot
represent
the
marginalized
and
underrepresented because they do not belong to the these sectors of Philippine society, but as pointed earlier, they wield enormous political and economic powers in Philippine society while in military service and even after their retirement.
32.
Those who continue to belong to this privileged class
cannot make the hopes and dreams, the aspirations and longings of the underprivileged their own. Unfortunately, respondent Jovito 13
Palparan belongs to this class. He is therefore not qualified to become a nominee of Bantay Party-List.
PRAYER
WHEREFORE,
respectfully disqualify
pray
that
respondent
representative of Bantay
premIses
this
considered,
Honorable
Jovita
Palparan
Tribunal, as
a
Petitioners after
hearing,
nomInee
and
Party~List.
Other forms of relief, just and equitable under the circumstances are likewise prayed for.
Quezon City, 28 April 2009.
~tMftJ~~
CRIstINA-PALAJIAY Petitioner
~
ERLINDA DAPAN Petitioner
ONIO FLORES Petitioner
JOS~~Z Petitioner
14
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, DR. REYNALDO LESACA, JR., oflegal age, a Filipino, with office address at 45 K-7 Street, West Kamias, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major
General Jovita Palparan. 2. I have caused the preparation and filing of this instant Petition. 3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
DR.
~D~~~JR.
Affiant/Petitioner
.
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number W0371394 issued on May 31, 2007 and which expires on May 31, 2012.
DNO·W
PageNo.---!::;iv{ BookNo.~;
Series of 2009.
15
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) 8.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, CRISTINA PALABAY, of legal age, a Filipino, with office address at 8W-309 House of Representatives, Batasan Complex, Constitution Hills, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan. 2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
(lP~dLfL{//
CRISTINA PAL-;;AY Affiant / Pe titioner
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed' and understood the above, the affiant/ petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number 880035148 issued on December 01, 2005 and which expires on December 01, : ~ o riC"
#
Doc.NO.~ Page No. . Book No. ; Series of 2009.
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16
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) 8.8.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, RENATO M. REYES, JR., of legal age, a Filipino, with office address at Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal. ) -
\
-----.
ENATO M. REYES, JR. Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28 th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number PP0053767 issued on September 01, 2004 and which expires on September 01,2009.
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17
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ERLINDA CADAPAN, of legal age, a Filipino, with office address at Erythrina Bldg., No. 1 Matatag cor. Maaralin Streets, Central District Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that:
1. I am the Petitioner in this instant case against retired Major General Jovita Palparan. 2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
E~APAN Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed' and understood the above, the affiant/ petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number UU0142540 issued on November 08, 2006 and which expires on November 08, 2011.
Doc.
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No.~;
PageNo.~
Book No. l::..,l::£:;-
Series of 2009. 18
REPUBLIC OF THE PHILIPPINES 1 QUEZON CITY 1 S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ANTONIO FLORES, of legal age, a Filipino, with office address at 161-B Chico St., Project 2, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner in this instant case against retired Major General Jovita Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shaH duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
ANTONIO FLORES Affiant/ Petitioner
SUBSCRIBED AND SWORN to before me on this 28 tl1 day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number 880044754 issued on November 24, 2005 and which expires on November 24,2010.
kt/ DOC.NO'~
Page No. . Book No. , Series of 2009.
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19
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, JOSELITO V. USTAREZ, of legal age, a Filipino, with office address at 63 Narra Street, Barangay Claro, Project 3, Quezon City, after been having been duly sworn to in accordance with law hereby depose and state that: 1. I am a Petitioner m this instant case against retired Major General Jovito Palparan.
2.
I have caused the preparation and filing of this instant Petition.
3. I have read the contents of this Petition and affirm that the allegations therein are true of my own knowledge and belief, on the basis of my reading and appreciation of documents other records pertinent thereto. 4. I have not instituted a similar action in another forum or tribunal; neither is there any pending case involving the same issues and the same parties in any other forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days from knowledge of the filing or pendency of such case in such other forum or tribunal.
~~EZ
JOSELITO V. Affiant / Petitioner
SUBSCRIBED AND SWORN to before me on this 28th day of April 2009 at Quezon City, Philippines. I hereby certify that the affiant/petitioner executed· and understood the above, the affiant/petitioner personally appearing and known to me to be the same person who executed the foregoing Petition and exhibiting to me his Philippine Passport with Number RR0153110 issued on October 03, 2005 and which expires on October 03, 2010.
t/JJr Doc. No . ..p;-.,-.; Page NO.~ I~' Book No. . Series of 20 9.
20
ANNEX “A”
Last update: April 23 2009, 11:56 PM INQUIRER HEADLINES - NATION Palparan fitness for Congress questioned Tonette Orejas / Central Luzon Desk April 23, 2009
MANILA, Philippines—The most prominent “leftist” in the House of Representatives would rather not be a seatmate of the “butcher.” If he had his way, Bayan Muna party-list Rep. Satur Ocampo would not even let retired Army Maj. Gen. Jovito Palparan Jr. take his seat. Ocampo, a House minority leader, is readying legal actions to stop Palparan from assuming a seat in the House as representative of the party-list group Bantay. Militants have taken to calling Palparan a “berdugo (butcher)” for the strings of alleged extrajudicial killings and other forms of human rights violations in Luzon and the Visayas where he was assigned until he retired in September 2006. It’s possible that Ocampo and Palparan would be sitting next to each other because seats are alphabetically arranged in the House. Despite the outcry from the Left, Palparan said he still preferred serving in the House to accepting his appointment as director of Freeport Services Corp., a company of the state-owned Subic Bay Metropolitan Authority. “Of course, Congress,” Palparan said when asked what his choice was. “That has the people’s mandate. Bantay was voted to Congress.” Bantay has “every right” to sit in Congress because it “represents marginalized sectors engaged in security and peace and order concerns,” he said. “I have no fear of him. We (members of the so-called leftist bloc in Congress) sat side by side with the Marcoses. But I don’t want to imagine myself sitting beside him,” Ocampo said in a phone interview on Wednesday, a day after the Supreme Court increased the numbers of partylist representatives to 55. But having Ocampo as a seatmate and colleague in the House is “OK” with Palparan. “I’m not picky with people. If my enemies reform, I shall love them more,” he said. Ocampo said he and his colleagues in Bayan Muna, Anakpawis and Gabriela would question Palparan’s qualifications. Ocampo has been Bayan Muna representative in the House since 2001. He is serving his last three-year term. “What are they afraid of? These militants should be afraid of what they are doing. They’re engaged in violence,” Palparan said in a phone interview. Constituents Palparan said his sector includes “victims of communist rebels, Civilian Armed Forces Geographical Units (CAFGUs), former rebels, security guards and others of similar occupations.”
21
Asked about laws he would sponsor, the retired general said: “I would focus on the welfare and protection of those sectors, and improve their livelihood. The CAFGUs, for instance, live only on small allowance and they have no benefits but their work is risky.” Palparan said he also planned to continue organizing a “counterinsurgency civilian force” throughout the country. “There are such people. They are only working silently. If given the opportunities and capabilities this time, I would push for that. I have been organizing people to resist communist rebels,” he said. On his human rights record, he said: “Nobody has proven I committed anything bad. Their apprehension is really within their minds. I can’t provide an answer to those apprehensions.” “My entry in Congress will provide the answer [if their apprehensions have bases],” he added. Security firm, dog Asked if he would divest his interest in the company 24-Hour Security, which figured in two mining disputes in the provinces of Bulacan and Zambales last year, Palparan denied owning the firm. Palparan expressed the hope that he can take along his dog Cloud, a Maltese, when reporting for office in the House. “If it’s not prohibited, I would take her along. Cloud always tags along with me,” he said. Not marginalized In Baguio City, the Cordillera Peoples Alliance (CPA) said Palparan and his party-list group had no clear representation of marginalized sector. Beverly Longid, CPA chair, said Palparan’s motive in forming Bantay was “not meant to represent the poor and marginalized sectors of society but to commit more human rights abuses against activists and left-leaning party-list groups.” She said there should be a review of the antihuman rights programs of Bantay so Palparan’s representation could be opposed. The Supreme Court disqualified in 2001 major political parties from participating in the party-list system because they did not represent marginalized and underrepresented sectors. Man of power “Palparan is not marginalized. He’s a man of power. He still exercises political influence,” Ocampo said. Another reason Palparan should not be allowed to join Congress was the Supreme Court affirmation in 2008 of the Court of Appeals ruling that the retired general was “directly involved” in the abduction of farmer-brothers Raymond and Reynaldo Manalo in Bulacan on suspicion of being communist rebels, according to Ocampo. Palparan also drew fire from the Bagong Alyansang Makabayan (Bayan). Palace support “Palparan is gloating over the fact that he gets to sit in Congress and terrorize the public anew. He owes his latest position to the support given by Malacañang and the AFP (military) for his congressional bid in 2007. Can there be any question as to where his loyalties lie now?” Bayan secretary general Renato Reyes said. Executive Secretary Eduardo Ermita expressed support for Palparan, saying he could help the House draft bills because of his long experience in counterinsurgency.
22
“He’ll be able to contribute a lot especially on possible laws on how to address our insurgency problem, including secessionist movement, and other activities that have something to do with breach of the law, security and peace and order,” Ermita said. Wrong signal The human rights group Karapatan, however, said Palparan could use the House as a venue for his anti-insurgency campaign. Palparan as a sectoral representative “sends a wrong signal to perpetrators that they can continue committing human rights violations with impunity,” said Karapatan secretary general Marie Hilao-Enriquez in the statement. With reports from TJ Burgonio and Nikko Dizon in Manila; Desiree Caluza, Inquirer Northern Luzon ©2009 www.inquirer.net all rights reserved Send your feedback here < Back
23
ANNEX “B”
Villagers want TRO on mining firm lifted Wednesday, August 20, 2008 http://www.manilatimes.net/national/2008/aug/20/yehey/prov/20080820pro2.html DOÑA REMEDIOS TRINIDAD, Bulacan: Residents of Barangay Camachin, Doña Remedios Trinidad, Bulacan are calling on Environment Secretary Lito Atienza to lift the suspension order issued by the regional office preventing the legit operation of Ore Asia Mining and Development Corporation (OAMD) causing some 7,000 families jobless. Barangay Chairman Roberto Sembrano said Judge Rodolfo de Guzman of the Municipal Trial Court-Doña Remedios Trinidad had already issued a mandatory injunction and temporary restraining order for OAMD to reassume the mining operations from the Oro Development Corporation II allegedly financed by a certain Go Kong Ket alias “Willy Keng” and being guarded by a security agency owned by Retired General Jovito Palparan. Immediately after the said court order, Palparan directed his guards from the 24-hour Security Agency to withdraw from area. Despite the court order favoring OAMD, its mining operations remain paralyzed as a result of the suspension order of Region 3-Mines Geoscience Bureau Director Anselmo Abungan. “Kung patuloy pa nilang sususpendehin ang operasyon ng minahan ay para na nilang pinatay sa gutom ang mga residente, labag ito sa 10 point-agenda ni Pangulong Gloria Arroyo sa pamamagitan ng kanyang job creation program dahil marami ang maaring makinabang sa pamumulot ng bato”. Sembrano said. Recently, the affected families held a peaceful rally in front of the DENR building asking Atienza to lift the suspension order so that they can return to work. But their pleas went to naught. Palparan admitted that he ordered his men to withdraw from the premises because he could no longer bear with the way Keng treated the situation. In a press conference, Palparan said that he turned down Keng’s orders to burn the mining equipments saying “hindi na ito makatao at labag sa aking konsensya,” At the same time, Palparan warned mining financiers and DENR officials to be extra careful on Keng to avoid being used for his personal interest. --Jefferson Antiporda
24
ANNEX “C”
Palparan says Army general cleared soldiers who stormed mining firm http://www.malaya.com.ph/may03/metro4.htm RETIRED Army Maj. Gen. Jovito Palparan yesterday said the deployment of 14 Army soldiers involved in the "takeover" of the Consolidated Mines Inc. compound in Masinloc, Zambales last April 29 was approved by 7th Infantry Division chief Brig. Gen. Ralph Villanueva, commander of the Army in Central Luzon. He said Villanueva cleared the deployment at the request of Faith Investment House (FIH) which bought the mining firm CMI. He said this was according to FHI and the PNP Criminal Investigation and Detection Group. Palparan said his security agency, 24-Hour Security Provider, had been hired by FIH to consolidate its property and that he only issued orders to his security guards and not to the soldiers. He said the soldiers were backups who were supposed to serve as blocking force outside the CMI compound while the CIDG flushed out the armed men inside who were "identified with a businessman with dealings with CMI or Zambales governor Amor Deloso." He said the soldiers only entered the compound because they were open targets where they were. Palparan said Deloso’s group later arrived and took custody of at least 10 armed men the CIDG had arrested. He said the governor asked his security guards to leave the compound but he refused. Later, he said two teams from the police and the Army assaulted the compound with clearance from Villanueva. Reports later quoted Villanueva as saying that the 7th ID was deceived into deploying soldiers to accompany the group of Palparan in taking over the mining firm. The AFP last Wednesday ordered the soldiers involved in the assault restricted and investigated but admitted it no longer has jurisdiction over the retired Palparan. Palparan said there is nothing irregular with soldiers acting as backup. He said he is willing to give a statement to Army investigators. "I did not commit any wrongdoing. But I think Gen. Villanueva, Col. (Philip) Lapinid (the battalion commander) and the provincial director (of the PNP) and the governor must be investigated also." He said he feels the initial entry of the soldiers in the compound was legitimate but he wants their actions inside the compound investigated since what they assaulted was private property. – Victor Reyes
25
ANNEX “D” http://www.gmanews.tv/story/31867/Jovito-S-Palparan-Jr
Jovito S. Palparan, Jr. 02/23/2007 | 06:28 PM PERSONAL INFORMATION • Birthdate: September 11, 1950 • Birthplace: Cagayan de Oro City • Wife: Ma. Evangelina Gamad Flores Palparan, dentist • Children: Macy, JC, Martin, Bullet, Claude ISSUES • Alleged human rights violator. The International Peasant Solidarity Mission found that there are "clear indications of military involvement" in the cases of human rights violations in Central Luzon and Southern Tagalog. The group's report noted that the military seems to have become more brazen (in committing the human rights violations) under the command of MGen. Jovito Palparan, Jr.. Malacañang came to Palparan's defense, saying that the international group's report linking the military to political killings is preposterous. In a press conference, Executive Secretary Eduardo Ermita praised Palparan as an effective component in the government's anti-insurgency campaign. •
Campaign against communist insurgency. In his brief stint as 8th Infantry Division commander, Gen. Palparan was credited for reducing the insurgency problem in Samar by 80 percent. Palparan however said he could have terminated insurgency in the province had he been given a two-month extension to implement his "clearing operation". In April 2006, Palparan gave a five-month deadline to wipe out the communist insurgency in Central Luzon - his area of responsibility as 7th Infantry Division commander.The deadline coincides with his 56th birthday and date of retirement from the AFP.
•
In Malacañang's good graces. President Arroyo promoted Palparan twice: from colonel to brigadier general (2003); and from brigadier general to major general after serving as commander of the Philippine contingent in Iraq (2004). His promotion to major general came within months of his previous promotion. In her 2006 State of the Nation Address, President Arroyo acknowledged Palparan for his offensives against rebel terrorists. In the same breath she also said that she condemns political killings.
EDUCATION • Masters in National Security Administration, National Defense College of the Philippines (1999) • Masters in Management, Philippine Christian University • Joint Services and Staff Course, Canberra, Australia • Command and General Staff Course, Fort Bonifacio, Metro Manila (with honors) 26
• • • •
Infantry Officers Advanced Course, US Infantry School, Columbus, Georgia, USA Field Officers Tactics III, Land Warfare Center, Canungra, Australia (excellent rating) BS Business Administration, University of the East Cathedral High School, Cagayan de Oro City
CAREER • Commanding General, 7th Infantry (Kaugnay) Division, Philippine Army (September 21, 2005-September 11, 2006) • Commanding General, 8th Infantry Division, Catbalogan, Samar (2005) • Chief of Staff, Philippine Army • commander, Philippine Humanitarian Contingent in Iraq • brigade commander, 204th Brigade, Mindoro and Romblon • commander, Task Force Banahaw, CALABARZON • Commanding Officer, Doctrine Center • commander, AFP Rapid Deployment Force • commander, 24th Infantry Battalion for 5 years • lieutenant, served in Basilan and Sulu for eight years • commissioned, called to active duty to the AFP in 1973 ACHIEVEMENTS (as claimed in his official biodata) • As company grade officer, his unit defeated the most notorious group of Moro National Liberation Front in Paticul, Sulu; this led to the surrender of rebel Hakim Sale a.k.a. Snake and 60 fully-armed fighters • As commander of the 24th Infantry Battalion, his unit was instrumental in o clearing eight provinces in Central Luzon and Cordillera of insurgents; o preventing the launching of coup d' etat between 1987 and 1989 o elimination/liquidation of the New People's Army / ABB in NCR, also between 1987 and 1989 AWARDS • Distinguished Service Stars o Palparan received a distinguished service star in March 2006 for his service as commander of the 8th Infantry Division-- the award was given amid persistent allegations from militant groups that he is a human rights violator. • Gold Cross Medal • Gawad sa Kaunlaran Medal • Bronze Cross Medals • Wounded Personnel Medals o Palparan was wounded early on in his military career, during an encounter with the Moro National Liberation Front. • Military Merit Medals • Campaign Medals Sources: Official Biodata, Office of the President website, GMA News, Sunday Inquirer Magazine, Newsbreak, INQ7, Arkibongbayan.org
27
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