Petition To Disqualify Gma

Republic of the Philippines COMMISSION ON ELDCTIONS

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RISA HONTTVER.OS Petitioner, versus -

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GLORIA MACAPAGAL-ARROYO. Respondent. -*--X

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PETITION TO DISQUALIFY GLORIA MACAPAGAL-ARROYO AS CANDIDATE FOR MEMBER OF THE HOUSE OF REPRESENTATWES TO REPRESENT THE SECOND LEGISLATTVE DISTRICT OF PAMPANGA FOR POSSESSING GROUNDS FOR DISQUALIFICATION UNDER THE CONSTITUTION

Petitioner, through counsel, respectfully states: 1. That pctitioner is a Filipino citizen, of legal age, and an incumbent Member of the Ilouse of Representatives representing Akbayant Citizens Action Parrty, and may be served with snmmons and legal processes through her counsel at the address indicated below: 2. That respondent is a Filipino cittzen, of legal age, married, and the incumbent President of the Republic of the Philippines, and may be served with summons emd legal processes at Malacanang Palace,Jose P. Laurel St., Manila; 3. That on 1 December 2009, respondent filed her certificate of candidacy lbr the position of Member of the House of Representatives to represent the seconcl legislative district of Pampanga; 4. That respondent, being the incumbent President of the Republic of the Philippines, is disqualified to be a candidate for the above-stated position under the provisions of the first paragraph of Section 4 of Article VII of the Constitution which reads as follows:

"Sec. 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which

shaJ.l begin at noon on the

day of June next following the day of the election and shall end at

thirtieth

noon of the same date six years thereafter. The President

shall not be

No person who has succeeded as President and

eligible for any reelection.

has served as such for more than four years shall be qualified for election to the same office at any time." (Emphasis supplied); President for an elective

5. Moreover, the filing of candidacy by the incumbent

position violates the equaJ protection clause of the Constitution

that provides:

"No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (Article III Section 1,1987 Constitution)"

As current President, she has all the powers and resources as well as :rccess to it that will definitely

the chances of any opposing

prejudice

1n any

candidate

electoral competition against her. That the purpose of this provision and the intent behind it is to prevent a sitting President from using the vast powers at his/her

command

as Commander-in-

Chief, Chief Executive and Head of Government, and as Head of State as well as resources at his/her

dispensing the overwhelming

disposal in order to obtain

opponent(s) in an election for the same or any

undue advantage over his/her

other elective position where he/she may be a candidate, thereLry defeating the spirit of a farr electoral contest on a level playing field; 7. That while the disqualification

clearly applies to running

for reelection for the

sarne position for President, for more reason it applies to other elective positions lower

than

that

of President.

as intended

bv

the

framers

of the

I9B7

Constitution:

B . That the wisdom of Section 4, Article VII of the Constitution framers of the Constitution

is now best illustrated by the respondent's issuance

on 4 December 2OO9 of Proclamation law

in

the

constitutional proclaimed

province

of

No. 1959 proclaiming

Maguindanao,

that,

or not, has such intimidating

in the territory

as intended by the

where

whether

and chilling

a state of martial justified

not,

effect even if not

as a candidate

she is running

or

in a local

electora-l contest, much more so if it were.

9 . Allowing a sitting President to run for office would open a veritable Pandora's Box

and,

when

fundamental

interfaced

with

other

existing

laws

and

policies,

present

questions of equity. For example, the Revised Administrative

allows the President the power to suspend expenditure

of appropriations

-

Code

"Sec. 38.

Suspension

of Expenditure

of Appropriations.

Except

ers

otherwise

provided in the General Appropriations

judgment

public interest so requires, the President, upon notice to the head

of office concerned, expenditure

is authorized

of funds

to suspend

1O. The mischief

used for permanent

in this

or otherwise

erllotted for any agency, or any

authorized in the General Appropriations appropriations

Act and whenever in his

provision

other

expenditure

Act, except for persona,l services

officials and employees."

has manifested

itself in the past, when

President has used his or her power of impoundment non-a,llies and grant Countryrvide

stop further

to withhold

a

allotments for

Development Funds to those who remain loyal

to the administration. 11. It is argued that Presidential prerogatives on allocations and funds will be more abused when a President is seeking lower office and can therefore wield such powers against an opponent or for partisan purposes. 12. Moreover, allowing a sitting President to run for lower office would in effect allow him or her to run even for local executive positions. Attention must then be drawn to the fact that a sitting President exercises powers of supervision over local government

units,

as mandated

by the Local Government

Code which

states that: SEC.

25.

Consistent

National

with

Supervision

over Loca-l Government

the basic policy on local autonomy,

exercise general supervision

Units.

- (a)

the President shall

over local government units to ensure that their

acts are within the scope of their prescribed powers and functions. The President shall exercise supervisory authority directly over provinces, highly

urbanized

cities, and independent

component

cities; through

province with respect to component cities and municipalities; the city and municipality

the

and through

with respect to barangays.

13. It is not therefore difficuit to contemplate a situation wherein a sitting President allowed to run for lower office (for example, a local government position) wields the vast power, arsenal and prerogatives

of the State to bear down againsL an

incumbent whom she or he is running against. Verily, the existing policy and legal framework

of the system at present cannot

be reconciled with the notion of allowing a sitting President to run for lower office.

14. It is therefore incumbent upon this Honorable Office to rule with dispatch and decisivenesson the matter at hand, illumined by the clear mandate of the law

and principles of equity, and disqualify Mrs. Arroyo from seeking Congressronal office.

WHEREFORE, it is most respectfully prayed of this Honorable Commission that, after due notice and hearing and summa-ry proceedings in accord.alce with Comelec Resolution No. 8696 promulgated

on 11 November 2009, a Decision be handed down

disqualifying the respondent from continuing

as a candidate for Member of the House

of Representatives t the second legislative district of Pampanga in the coming 10 May 2010 election and excludingher narne from the officia-l list of candidates and fiom the official ballots, and if ever elected, disqualifying

her from holding the office.

Petitioner also respectfully prays for other and further relief that may be deemed just and equitable under the premises.

Quezon City for Manila, 7rH day of December 2OO9.

Counsel for Petitioner:

',,_'ffi4dl /-r

ARLEIE J. BAG-AO IBP L1'fetimeNci:rb+st z PTR No. 09878591 1-07-2OOglCagayanDe Oro MCLE ComplianceNo. II-001348s RollNo. 39169 368 Madasalin St. Sikatuna Village, euezon City Cel. No. 0908-8849546 T e l e p h o n eN o . 9 3 1 - 6 5 7 S

ROSSELYNN JAYE G. DE LA CRUZ IBP No. 77 6093I 1-15-2009/euezon City PTR No. 12402671 |-2o-2o)gleuezon City MCLE ComplianceNo. II-0015807/ I-2O-2OA9 Roll No. 52826 258 Matiyaga Street, Barangay Central, euezon City Cel.No. 0917-8388990 TelephoneNo. 433-6933 [email protected] CopyFurnished: GloriaMacapagalArroYo President,Republicof the Philippines

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VERIFICATION

Republic of the Philippines Quezon City

) l S.S.

I, RISA HONTMROS, Filipino citizen, of legal age and with office address at Room S-514, South Wing Building, House of Representatives, Quezon City, after first being duly sworn in accordance with law, hereby depose and state: i . That I am the petitioner in the above-entitled case;

2 . That I have caused the preparation of this petition; 3 . That I have read the contents of this Petition and affirm that all the facts and allegations therein are true and correct to the best of my own personal knowledge andf or based on authentic records. IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of December 2OO9 in Quezon City, Philippines.

Afrl^tdxw$-

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RISA HONTIVEROS Affiant

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SUBSCRIBED AND SWORN TO before me this 7th day of December 2OO9,affiant showing to me her Diplomatic Passport No. DP 0000494, issued at Citlr of Manila on August 7, 2007 with expiration date on A u e u s t6 . 2 0 1 0 .

NOTARY PUBLIC

Doc.No.

02

ffi;[iSrrrl Seriesof 2OO9

REPUBLICOF THE PHILIPPINES)

qUEZON CITY

) S.S.

AFFIDAVIT

I, RISA HONTIVEROS, of legal age, Filipino, with office addressat Room S514, South Wing Building, House of Representatives,Quezon City, after being sworn in accordancewith law, hereby deposeand statethat: 1. I am the petitioner in the caseversus respondent Gloria Macapagal-Arroyo, President of the Republic of the Philippines, entitled "PETITION 'fO DISQUALIFY GLORIA MACAPAGAL-ARROYO AS CANDIDATE FOR MEMBER OF THE HOUSE OF REPRESENTATIVESTO REPRESENTTHIi SECOND LEGISLATIVE DISTRICT OF PAMPANGA FOR POSSESSING GROUNDSFOR DISQUALIFICATION UNDER THE CONSTITUTION:'' 2. Due to the urgency and immediacy of the filing of this perition, the unavailability of a messengerservice, and the obvious difficulty of serving personally a copy thereof to the respondentwho is the sitting Presidentof the Republic of the Philippines, resort had to be made through registeredmail fbr the purposeof furnishing the said respondenta copy of the said perition; 3. I executethis affidavit to attest to the truth of the foregoing.

IN WITNESS WHEREOF, I have hereunto affixed my hand, this 7th dav of December2009 at QIezon Citlu.

AJ*rr6,ttzrrt-AD
NOTARYPUBLIC

Doc.No.alPageNo.Oz

noorruo.[[Xlll Seriesof2009

REPUBLIC OF THE PHILIPPINES QUEZON CrTY

AFFIDAVIT

)

I s.s.

OF SERVICE

I, IONA D. JALIJALI, of legal age, Filipino, single, with office address at Room 5514 South Wing Building, House of Representatives, Quezon City, after being sworn in accordance with law, hereby depose and state that:

1. I am empioyed as an STAFF of the Office of the Petitioner in the case entitled "PETITION TO DISQUALIFY GLORIA MACAPAGALARROYO AS CANDIDATE FOR MEMBER OF THE HOUSE OF REPRESENTATIVES TO REPRESENTTHE SECOND LEGISLATIVE DISTRICT OF PAMPANGA FOR POSSESSINGGROUNDS FOR DISQUALIFICATION UNDERTHE CONSTITUTION;" 2. I caused to be furnished by means of registered mail a copy of the said petition to the respondent on 7 December 2009 at the following address: Mrs. Gloria Macapagal-Arroyo President Republic of the Philippines Malacanan Palace, J.P. Laurel Street, San Miguel, Manila 1OO5 3. I execute this affidavit to attest to the truth of the foregoing. IN WITNESS WHEREOF, I have hereunto affixed my hand, this 7th day of December2OO9at Quezon City. .ay'

.a// l ( /\ \

1 t)) IONA JALIJALI E. Affiant

SUBSCRIBBD AND SWORN to before me this 7tt Day of December 20009, affiant having exhibiting to me her Community Tax Certificate Number 19884577 issued at Marikina City on January 6, 2009.

Book *". ?l ,

Bi-."^[: &tt Seriesof 2OO9.

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NOTARY PUBLIC