Document: Petition for Quo Warranto Vs. Jovito Palparan

Republic of the Philippines

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

Quezon City

DR. REYNALDO LESACA, JR.,

CRISTINA PALABAY,

RENATO M. REYES, JR.,

ERLINDA CADAPAN,

ANTONIO FLORES,

JOSELITO USTAREZ

• Petitioners,

HRET CASE NO. ________

– versus – FOR: Quo Warranto
MAJOR GEN. JOVITO S. PALPARAN, JR. (Ret.),

• Respondent.

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“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.”¹

PETITION FOR QUO WARRANTO

PETITIONERS, by themselves unto this Honorable Tribunal, respectfully state:

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. 1. 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. 1. 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. 1. 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 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. 1. 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. 1. 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.

• 1. 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.

NATURE OF THE PETITION

• 1. 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.