Document: Petition for Quo Warranto Vs. Jovito Palparan

    1. 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.
    1. 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
      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-Indonesia-Malaysia-Philippines-East Asia growth Area (BIMP-EAGA)
      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.
    1. 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.
    1. 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?
    2. 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.
    1. 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.

    1. 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.
    1. 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 Palparan belongs to this class. He is therefore not qualified to become a nominee of Bantay Party-List.

PRAYER

WHEREFORE, premises considered, Petitioners respectfully pray that this Honorable Tribunal, after hearing, disqualify respondent Jovito Palparan as a nominee of Bantay Party-List.

Other forms of relief, just and equitable under the circumstances are likewise prayed for.

Quezon City, 28 April 2009.

REYNALDO LESACA CRISTINA PALABAY

Petitioner Petitioner

RENATO M. REYES ERLINDA CADAPAN

Petitioner Petitioner

    ANTONIO FLORES JOSELITO USTAREZ

Petitioner Petitioner

Copy furnished:

GEN. JOVITO PALPARAN (Ret.)

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY ) S.S.

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, DR. REYNALDO LESACA, of legal 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 Jovito Palparan.
    1. I have caused the preparation and filing of this instant Petition.
    1. 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.
    1. 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. REYNALDO LESACA 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 VV0371394 issued on May 31, 2007 and which expires on May 31, 2012.

NOTARY PUBLIC

Doc. No. ____;

Page No. ____;

Book No. ____;

Series of 2009.

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY ) S.S.

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, CRISTINA PALABAY, of legal age, a Filipino, with office address at SW-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 Jovito Palparan.
    1. I have caused the preparation and filing of this instant Petition.
    1. 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.
    1. 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.

CRISTINA PALABAY

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 SS0035148 issued on December 01, 2005 and which expires on December 01, 2009.

NOTARY PUBLIC

Doc. No. ____;

Page No. ____;

Book No. ____;

Series of 2009.

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