Tag Archives: Comelec

Fishers say DQ case vs. Yap will reach SC

By Manila Legarda and Bb. Tayuman Recto-Yap

MANILA, Philippines-

Pamalakaya activists accused former agri chief Arthur Yap of pocketing P 455 million in taxpayers money over purchase of 98 ice-making machine

The current legal battle involving the disqualification case filed by the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) may soon reach the Supreme Court according to petitioners Fernando Hicap and Salvador France, chair and vice chairperson of the activist fishermen group.

“Definitely we will challenge the decision of the Commission on Elections before the highest court of the land. The fight against unlawful and immoral claim of Mr. Yap to represent the third congressional district of Bohol will be vigorously pursued in any appropriate court, in the parliament of the streets and in the court of public opinion. There’s no turning back,” the Pamalakaya leaders said in a joint statement.

Hicap and France, the petitioners to the Supreme Court move will be presided by the filing of motion for reconsideration before the Comelec, and if the poll body rejected the motion, they will elevate the case before the high tribunal for proper legal disposal of the disqualification case.

“It is going to be lifetime nightmare for Secretary Yap unless this most favored Cabinet member of President Gloria Macapagal-Arroyo atone for his political, legal and moral follies and pay for his crimes against the Filipino public,” the Pamalakaya leaders said.

Pamalakaya is now preparing a people’s petition urging senators and congressmen of incoming Congress to investigate Yap on charges of big time corruption in the Department of Agriculture under his watch as secretary of the department.

“It is going to be addressed to the next Senate President and House Speaker of the House of Representatives. Imagine, Secretary Yap, the congressman of Bohol third district is being called to answer charges of top notch crimes of corruption,” the group said.

On January 6, Pamalakaya filed a plunder case against Sec. Yap and President Arroyo in connection with the P 455 million ice making fund scam, which the group said was overpriced by 100 percent per unit. Pamalakaya said Yap and other officials of National Agribusiness Council (NABCOR) should also be investigated on the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

The Second Division of Comelec last week junked the disqualification case filed by the group.

Pamalakaya received a copy of the 10-page resolution penned by Comelec second division presiding Commissioner Nicodemo Ferrer and members Lucenito Tagle and Elias Yusoph dated May 13, 2010 denying the instant petition for disqualification of Yap.

“After thorough examination of the proofs presented by both parties, we are convinced that Respondent Yap has met such requirement. The term “residence” is to be understood not in the common acceptation as referring to “dwelling” or “habitation” but rather to “domicile” or legal residence, that is, “the place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain,” the Comelec second division said.

The poll body further said: “It has been established that the domicile of origin of the respondent is in Metro Manila. When respondent Yap decided to make Loboc, Bohol as his residence, such a decision did not begin and end by his intimation to Judge Fernandez of his intention. In 2007, Yap was laying the groundwork for his transfer to the said municipality.”

The Comelec said Yap visited local government officials and neighboring towns whenever his regular visits to the place permitted him. The election body said Yap’s intention was made clearer when he finally purchased the house of his mother-in-law in Barangay Buenavista in Loboc, Bohol.

“Although property ownership is not an indicia of domicile, the fact that the respondent bought the property wherein he resides adds to his foothold to the municipality. His attendance in barangay assemblies as member of barangay is indicative of his desire to integrate himself in the community,” the poll body added.

The Comelec noted that Yap’s contributions in the community were recognized when he was conferred the title “adopted son of Loboc, Bohol by way of Resolution No. 131 adopted on October 24, 2005. The commissioners said the law does not state that in abandoning his domicile, the candidate must divest any and all of his properties and interest attached to his previous domicile.

“His electoral victory is a product of political horse trading, highly questionable and totally ridiculous. We will explore all legal remedies to stop Sec. Yap from misrepresenting the third district of Bohol and use his illegally acquired position to get away with high crimes of corruption he committed during his tenure as chief of the agriculture department,” Pamalakaya said. #

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Poll body junked DQ case vs. Yap

By Gerry Albert Corpuz, Bb. Joyce Cabral and Billy Javier Reyes

MANILA, Philippines- The Second Division of the Commission on Elections (Comelec) has junked the disqualification case filed by the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) against former Agriculture Secretary Arthur Yap.

Pamalakaya received a copy of the 10-page resolution penned by Comelec second division presiding Commissioner Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph dated May 13, 2010 denying the instant petition for disqualification of Yap.

“After thorough examination of the proofs presented by both parties, we are convinced that Respondent Yap has met such requirement. The term “residence” is to be understood not in the common acceptation as referring to “dwelling” or “habitation” but rather to “domicile” or legal residence, that is, “the place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain,” the Comelec second division said.

The poll body further said: “It has been established that the domicile of origin of the respondent is in Metro Manila. When respondent Yap decided to make Loboc, Bohol as his residence, such a decision did not begin and end by his intimation to Judge Fernandez of his intention. In 2007, Yap was laying the groundwork for his transfer to the said municipality.”

The Comelec said Yap visited local government officials and neighboring towns whenever his regular visits to the place permitted him. The election body said Yap’s intention was made clearer when he finally purchased the house of his mother-in-law in Barangay Buenavista in Loboc, Bohol.

“Although property ownership is not an indicia of domicile, the fact that the respondent bought the property wherein he resides adds to his foothold to the municipality. His attendance in barangay assemblies as member of barangay is indicative of his desire to integrate himself in the community,” the poll body added.

The Comelec noted that Yap’s contributions in the community were recognized when he was conferred the title “adopted son of Loboc, Bohol by way of Resolution No. 131 adopted on October 24, 2005. The commissioners said the law does not state that in abandoning his domicile, the candidate must divest any and all of his properties and interest attached to his previous domicile.

“We must take note of the fact that prior to his running for a House seat; he was the secretary of agriculture serving as alter ego of the President. Close proximity to Malacanang entails regular visits to the Metropolis. To maintain properties in furtherance of his profession could not be seen as an indication of non-abandonment of his previous domicile as held in Fernandez vs. HRET case,” the Comelec asserted.

But Pamalakaya national chair Fernando Hicap and Pamalakaya-vice chairperson Salvador France, both petitioners in the disqualification case said the fight for the disqualification of Sec. Yap is far from over, and in fact’ the protracted fight against the removal of the former agriculture secretary from public office has officially started.

“The junking of our disqualification case against Secretary Yap is highly predictable from the very start. It is not surprising to us that Comelec had junked our case against Yap. It will be a major surprise of the election season if Comelec decided on our favor,” the two Pamalakaya leaders said.

However, Hicap and France said they would ask their lawyer on what would be the next legal action to be taken in connection with the Comelec decision. They said a motion for reconsideration may be filed before the Comelec or they may bring the case all the way to the Supreme Court.

“We see the junking of the disqualification case against Yap as an opportunity rather than a tragic defeat. The venues for the all out exposition of and opposition to secretary Yap as a power hungry and opportunist bureaucrat capitalist and corrupt public official will further go places including but not limited to Comelec and other appropriate courts,” the Pamalakaya officials added.

Pamalakaya said it will explore all available legal remedies to stop Yap’s illegal and immoral claim to represent the people of Bohol in the third district.

“His electoral victory is a product of political horse trading, highly questionable and totally ridiculous. We will explore all legal remedies to stop Sec. Yap from misrepresenting the third district of Bohol and use his illegally acquired position to get away with high crimes of corruption he committed during his tenure as chief of the agriculture department,” the group said.

Prior to the May 13 decision of the poll body, the lawyers of Sec. Yap said the poll body should immediately dismiss the disqualification case filed by Pamalakaya on March 9, saying that their client was able to garner 126,390 votes out of 173,539 total votes cast. According to Yap’s lawyers, this represents 72.8 percent of the total votes cast or an overwhelming majority.

Citing a Supreme Court ruling in the case of Sinaca vs. Mula (G.R No. 135691, September 27, 1999, 315 SCRA 266,282), Yap’s legal counsel asserted that when a candidate has perceived popular mandate overwhelmingly and clearly expressed, all possible doubts should be resolved in favor of the candidate’s eligibility for to rule otherwise is to defeat the will of the people. Ex-sec. Yap lawyers said, the determination of the true will of the electorate should be paramount, and that the voice of the people should prevail which is the essence of democracy.

Meanwhile, Pamalakaya will send appeal letters to incoming congressmen and senators to investigate cases of corruption involving Sec. Yap particularly the P 455 million overpriced ice-making machines. The militant group said they will also ask the new congress under the Aquino presidency to investigate the unchecked operations of the National Agribusiness Council (Nabcor), an attached agency of DA which is implicated the questionable importation of 98 quick freezing machines.

On top of the P 455 million ice making fund scam, Pamalakaya said Yap and other NABCOR officials should also be investigated on the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled. #

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50 percent manual audit of election ballots pushed

By Gerry Albert Corpuz

MANILA, Philippines-The left-wing fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Wednesday urged the Commission on Elections (Comelec) to immediately conduct at least 50 percent manual audit of all election ballots that will include the Autonomous Region of Muslim Mindanao (ARMM) to determine if there is truth to allegations that the elections was rigged in favor certain candidates in the recently concluded May 10 national and local elections.

In a press statement, Pamalakaya national chair Fernando Hicap said the allegations regarding automated –led cheating to favor certain candidates were serious enough to merit at least 50 percent manual audit of election ballots of all clustered precints.

“The Comelec is constitutionally, lawfully, politically and morally obliged to perform a round-the-clock manual audit of elections ballots that went through the PCOS machines. The election returns which were printed by PCOS machines should not be used as basis for audit. The manual counting of election ballots remains the most effective means to check if there is really large-scale cheating in the May 10 political exercise,” added Hicap.

Hicap aside from ARMM, the 50 percent manual audit should cover and concentrate should include vote rich areas such as the National Capital Region, the Southern Tagalog and Central Luzon regions, the Northern Luzon provinces, the Bicol region, Western Visayas and Central Visayas region and all Mindanao regions to mention a few.

The Pamalakaya leader said Comelec can accomplish manual audit of at least 50 percent of election ballots in two weeks time and can come out with objective and honest-to-goodness findings by the second week of June, where there is enough time to reverse previous proclamations and declare the real winners in the May 10 polls.

“Chairman Jose Melo and his peers at Comelec have two weeks to perform manual audit of election ballots. This is the only way to check or validate and affirm the outcome of the first automated polls in the country,” said Hicap.

The Pamalakaya official issued the proposal a day after a witness surfaced yesterday in a press conference called by losing presidential bets Nicanor Perlas, JC de los Reyes and Sen. Jamby Madrigal claiming massive automated election cheating were conducted in favor of President apparent Sen. Benigno Simeon “Noynoy” Aquino III of Liberal Party and former Makati Mayor Jejomar Binay, the leading vice-presidential candidate according to latest tallies.

The witness claimed the votes of administration candidate Gilbert Teodoro, Pwersa ng Masang Pilipino presidential candidate former President Joseph Estrada and Bangon Pilipinas Eddie Villanueva were shaved to benefit Aquino. The witness also said voted for vice-presidential candidates Loren Legarda and Bayani Fernando were also shaved in favor of former Mayor Binay.

The still identified witness who revealed the election irregularities through a video claimed Teodoro lost 5 million to 6 million votes, while Villanueva lost 2 million to 3 million votes. He said Estrada lost a lot but he did not provide a figure. The witness also said Legarda’s votes were shaved by 4 million to 5 million votes and these were transferred to Binay. With a report from Cupcake Mendoza

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Yap takes 126 K out of 173K votes, but fishers group refuses to give up DQ case

By Gerry Albert Corpuz, Chocolate Moose Fernandez and Trinity Biglang Awa

MANILA, Philippines-Controversial former agriculture secretary and unopposed congressional candidate in Bohol’s third district Arthur Yap has accumulated 126,390 votes out of 173,539 total votes cast and appeared shoo-in for the elective post.

However, Yap’s nemesis—the left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), that filed a disqualification case against the former agriculture secretary on the question of residency refused to give up, stressing it will explore all available legal remedies to stop Yap’s illegal and immoral claim to represent the people of Bohol in the third district.

“His electoral victory is a product of political horse trading, highly questionable and totally ridiculous. We will explore all legal remedies to stop Sec. Yap from misrepresenting the third district of Bohol and use his illegally acquired position to get away with high crimes of corruption he committed during his tenure as chief of the agriculture department,” said Pamalakaya national chair Fernando Hicap, one of the petitioners in the disqualification case against Yap.

In the latest manifestation submitted to the Commission on Elections (Comelec), the lawyers of Sec. Yap said the poll body should immediately dismiss the disqualification case filed by Pamalakaya on March 9, saying that their client was able to garner 126,390 votes out of 173,539 total votes cast. According to Yap’s lawyers, this represents 72.8 percent of the total votes cast or an overwhelming majority.

Citing a Supreme Court ruling in the case of Sinaca vs. Mula (G.R No. 135691, September 27, 1999, 315 SCRA 266,282), Yap’s legal counsel asserted that when a candidate has perceived popular mandate overwhelmingly and clearly expressed, all possible doubts should be resolved in favor of the candidate’s eligibility for to rule otherwise is to defeat the will of the people.

Ex-sec. Yap lawyers said, the determination of the true will of the electorate should be paramount, and that the voice of the people should prevail which is the essence of democracy.

Meanwhile, Hicap assailed Comelec Chairman Jose Melo over the latter’s continuing snub of the disqualification case they filed against Sec. Yap. The Pamalakaya official said the poll body has yet to tackle the disqualification case filed by his group two months before the May 10 elections.

“But Chairman Melo and the rest of the commissioners did not perform their assignment and constitutional mandate. They allowed Yap to run while there is an urgent case waiting for their final resolution ahead of the May 10 polls. This is terrible, really terrible,” the group sad.

“It seems to us Chairman Melo is afraid of Secretary Yap because the former agriculture secretary is no ordinary person for the poll chief and taking up Yap’s case is like entertaining a major fight with Malacanang and Yap’s political benefactors in and out of Malacanang,” said Pamalakaya.

Meanwhile, Pamalakaya will send appeal letters to incoming congressmen to investigate cases of corruption involving Sec. Yap particularly the P 455 million overpriced ice-making machines. The militant group said they will also ask the new congress under the Aquino presidency to investigate the unchecked operations of the National Agribusiness Council (Nabcor), an attached agency of DA which is implicated the questionable importation of 98 quick freezing machines.

On top of the P 455 million ice making fund scam, Pamalakaya said Yap and other NABCOR officials should also be investigated on the
P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

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298 out of 11k Lobocanos confirmed Yap is man from Loboc

By Billy Javier Reyes and Sugar Hicap in Tagbilaran City, Bohol
and Gerry Albert Corpuz in Manila

MANILA, Philippines-Some 298 Lobocanos signed a sworn statement affirming that former Agriculture Secretary Arthur Yap, now running unopposed in the third district of Bohol is a true blue Lobocano entitled to run for congressional seat.

In a supplemental information filed before the Second Division of the Commission on Elections (Comelec) national office in Manila, lawyers of Yap asserted that the sworn statement of 298 residents in Barangay Buenavista is strong proof that Sec. Yap is a legitimate resident in the village and his plan to run in the third district of Bohol is not questionable contrary to what petitioners Fernando Hicap and Salvador France, chair and vice-chair of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) had raised in the disqualification case they filed against their client on March 9.

The Yap camp had previously questioned the legal capacity of Pamalakaya to file the disqualification case, citing Rule 25 of the Comelec, that groups like Pamalakaya can only question and file disqualification case against national candidates and not on local candidates. They said Yap is running for a seat in the third district of Bohol, and only the people in the third district of Bohol could question his candidacy.

But Pamalakaya’s Hicap said Yap, although running in the third district of Bohol, is no ordinary person in local politics. The Pamalakaya leader said Sec. Yap is the former secretary of agriculture, an influential national figure and one of the most cherished members of the Macapagal-Arroyo cabinet.

“Secretary Yap is a national public figure and influential member of the Arroyo cabinet who has been hounded by high crimes of corruption over the last six years. His misrepresentation of Bohol’s third district is already a big crime. The Filipino public will not allow Yap to use his congressional representation in Congress to evade charges of super corruption against him. Therefore, it is in the national interest of the people to frustrate Yap’s bid for Congress and instead have him prosecuted for first-rate crimes of corruption on multiple counts,” said Pamalakaya.

Pamalakaya said 298 Lobocanos who signed the sworn statement do not represent the 250,000 populace of the third district of Bohol. He said the town of Loboc has 11,000 registered voters and 298 is just about 2 percent of the registered voters.

More than a week ago, President Gloria Macapagal-Arroyo declared former Agriculture Secretary Yap a sure winner in the third district of Bohol, which the fisherfolk alliance viewed as a marching order to the poll body to junk Pamalakaya’s disqualification case filed against Yap.

“We were not born yesterday. President Arroyo’s political prophecy declaring Secretary Yap as congressman of third district of Bohol is a marching order from Malacanang to Comelec to kill the disqualification case against Yap,” the group said.

President Arroyo who was the guest speaker at the first anniversary of a housing project for squatters moved out of Pasig River and victims of typhoons in Marikina and Pasig cities said she was sure of Yap’s unopposed victory in the third district of Bohol.

“Even if he alone votes for himself, Arthur Yap will become congressman because he is unopposed,” said Ms Arroyo.“I asked Yap to sit with me because even if he was already a former government official and now in the private sector and will become congressman,” Arroyo said.

Two weeks ago, Pamalakaya asked the Comelec to immediately tackle the disqualification case against Secretary Yap, adding it was puzzled by the development that the poll body has yet to tackle the case against Yap.

The group likewise filed supplemental information to Comelec to beef up the disqualification case they filed against Sec. Yap. The supplemental information was signed by three officials of Barangay Buenavista, municipal of Loboc disproving Yap’s claim that he lives in the village and a resident of the far-flung barangay, which the former agriculture secretary claimed as his present address as shown in his certificate of candidacy.

The supplemental information carried the signatures of former Barangay Buenavista secretary Corbino Cuhit, incumbent barangay councilor Basilio Balog and resident Mateo Ratonel, brother of incumbent barangay councilor Boy Ratonel which said that Yap was never been a resident of the barangay and the controversial secretary just arrived in their village at the start of the election season.

The three said the house and the address referred by Sec. Yap as his official domicile in Buenavista, Loboc is a far-flung community which is not passable to any regular vehicle except single motorcycles due to rough road and mountainous curves.

In their 4-page disqualification case against Yap filed last March 9, Pamalakaya said the former agriculture secretary lacks qualification to run as congressman for the third district of Bohol because he is not a resident of province 3rd district. The group asserted the position for which Yap filed a certificate of candidacy requires that a candidate be a resident of the district (3rd District of Bohol) for a period of not less than one year immediately preceding the May 10, 2010 elections.

Pamalakaya maintained Secretary Yap failed to meet the qualification because the former agriculture secretary still lives in Ortigas, Pasig City and there is no evidence or overt act that Yap abandoned his domicile of origin. The group said their case against Yap is similar to the recently concluded case decided by the poll body against actor Richard Gomez who was barred by Comelec from running in Leyte over the question of domicile.

“More than the issue of residency is the stockpile of graft charges filed by against Secretary Yap before the Office of the Ombudsman regarding irregular and highly questionable use of taxpayers’ money by the agriculture department. This disqualification case pertaining to lack of qualification to run on the basis of residency is just part of the whole process to unearth the truth on controversies surrounding this controversial cabinet of President Gloria Macapagal-Arroyo,” said Pamalakaya.

Last January 6, Pamalakaya filed plunder and other criminal and administrative charges against Yap in connection with the P 455 million overpriced ice-making machines. Included in the charge sheet are President Arroyo and other officials of the National Agribusiness Council (Nabcor), an attached agency of DA. On top of the P 455 million ice making fund scam is the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

“We filed this case not to spoil the political ambition of Sec. Yap. We filed this case because we want truth and justice to prevail over the narrow interest of new breed of traditional and corrupt politician like Sec. Yap,” Pamalakaya added.

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Philippine president “orders” poll body to let favored bet run in May elections?

By Gerry Albert Corpuz, Trinity Biglang Awa and Chocolate Moose Fernandez

MANILA, Philippines- The 28 national council leaders of the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Wednesday said the annoucement of President Gloria Macapagal-ArroyoGloria Macapagal-Arroyo declaring former Agriculture Secretary Arthur Yap a sure winner in the third district of Bohol is a marching order to the Commission on Elections (Comelec) to junk Pamalakaya’s disqualification case filed against Yap.

“We were not born yesterday. President Arroyo’s political prophecy declaring Secretary Yap as congressman of third district of Bohol is a marching order from Malacanang to Comelec to kill the disqualification case against Yap,” said Pamalakaya national chairperson Fernando Hicap in a press statement.

Ya is running unopposed in his wife’s home province but on March 9, Pamalakaya filed a disqualification case against him for lack of residency.

President Arroyo who was the guest speaker at the first anniversary of a housing project for squatters moved out of Pasig River and victims of typhoons in Marikina and Pasig cities said she was sure of Yap’s unopposed victory in the third district of Bohol.

“Even if he alone votes for himself, Arthur Yap will become congressman because he is unopposed,” said Ms Arroyo.“I asked Yap to sit with me because even if he was already a former government official and now in the private sector and will become congressman,” Arroyo said.

Last week, Pamalakaya asked the Comelec to immediately tackle the disqualification case against Secretary Yap, adding it was puzzled by the development that the poll body has yet to tackle the case against Yap.

The group likewise filed supplemental information to Comelec to beef up the disqualification case they filed against Sec. Yap. The supplemental information was signed by three officials of Barangay Buenavista, municipal of Loboc disproving Yap’s claim that he lives in the village and a resident of the far-flung barangay, which the former agriculture secretary claimed as his present address as shown in his certificate of candidacy.

The supplemental information carried the signatures of former Barangay Buenavista secretary Corbino Cuhit, incumbent barangay councilor Basilio Balog and resident Mateo Ratonel, brother of incumbent barangay councilor Boy Ratonel which said that Yap was never been a resident of the barangay and the controversial secretary just arrived in their village at the start of the election season.

The three said the house and the address referred by Sec. Yap as his official domicile in Buenavista, Loboc is a far-flung community which is not passable to any regular vehicle except single motorcycles due to rough road and mountainous curves.

In their 4-page disqualification case against Yap filed last March 9, Pamalakaya said the former agriculture secretary lacks qualification to run as congressman for the third district of Bohol because he is not a resident of province 3rd district. The group asserted the position for which Yap filed a certificate of candidacy requires that a candidate be a resident of the district (3rd District of Bohol) for a period of not less than one year immediately preceding the May 10, 2010 elections.

Pamalakaya maintained Secretary Yap failed to meet the qualification because the former agriculture secretary still lives in Ortigas, Pasig City and there is no evidence or overt act that Yap abandoned his domicile of origin. The group said their case against Yap is similar to the recently concluded case decided by the poll body against actor Richard Gomez who was barred by Comelec from running in Leyte over the question of domicile.

“More than the issue of residency is the stockpile of graft charges filed by against Secretary Yap before the Office of the Ombudsman regarding irregular and highly questionable use of taxpayers’ money by the agriculture department. This disqualification case pertaining to lack of qualification to run on the basis of residency is just part of the whole process to unearth the truth on controversies surrounding this controversial cabinet of President Gloria Macapagal-Arroyo,” said Pamalakaya.

Last January 6, Pamalakaya filed plunder and other criminal and administrative charges against Yap in connection with the P 455 million overpriced ice-making machines. Included in the charge sheet are President Arroyo and other officials of the National Agribusiness Council (Nabcor), an attached agency of DA. On top of the P 455 million ice making fund scam is the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

“We filed this case not to spoil the political ambition of Sec. Yap. We filed this case because we want truth and justice to prevail over the narrow interest of new breed of traditional and corrupt politician like Sec. Yap,” the fisherfolk alliance added.

Pamalakaya maintained Sec. Yap cannot even speak the language of Boholanos. The group also said the respondent and his family continue to stay in Metro Manila and that in the concept of domicile underelection laws is at Alexandra Residence in Pasig City.

“How can he live and reside in Bohol when Sec. Yap practices his profession and conducts his business in Metro Manila? He continues to be a member of the Integrated Bar of the Philippines, Makati Chapter and likewise holds office in Quezon City. He cannot even speak the language of Boholanos and the people of Central Visayas verbally and by heart. It is really impossible” the group said.

The militant group asserted that Sec. Yap is not domiciled in Barangay, Buenavista in Loboc, Bohol or anywhere within the 3rd legislative district of Bohol. It said the respondent does not have real, substantial and material ties to the locality as to qualify him a resident of the said legislative district, adding that Sec. Yap spends much more time in Metro Manila than in Bohol.

“His visits in Bohol are infrequent, short and transient,” said Pamalakaya. #

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Militant group blames Comelec over proliferation of bogus party lists

By Queen Shawn Doc and Lollipop delos Reyes

MANILA, Philippines-The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) blamed on Tuesday the Commission on Election (Comelec) over the proliferation of bogus and fly –by-night party lists seeking congressional representations in the May 10, 2010 elections.

In a press statement, Pamalakaya national chair Fernando Hicap said the poll body allowed the all-out bastardization of the party list system by political syndicates allied with Malacanang, and Comelec, including commissioners and high ranking officials are largely to blame for subscribing to the game plan of a political mafia allied with the group of President Gloria Macapagal-Arroyo.

“The Comelec has been consistently informed about the grandiose plan of the Macapagal-Arroyo government to saturate the party list election with bogus party lists to prevent genuine party lists from representing the voice of the marginalized citizenry in the House of Representatives,” said Hicap.

The Pamalakaya leader said the call to delist fake party lists had been advocated since 2001 by the activist party list group Bayan Muna and was reiterated by the same party list group and allied party lists like Anakpawis, Gabriela and Kabataan party from 2002 up to the present, but Comelec officials did not give premium to legitimate, politically correct and lawful demands urging the poll body to drop bogus party lists from the roll and refrain from accepting dubious party lists allied with President Arroyo.

“Commissioner Jose Melo and the rest of the poll commissioners are not doing their assignment. The commissioners are afraid to rise above the occasion and come face-to-face with the appointing authority and political benefactors in Malacanang. If they will not correct this political prostitution of the party list system, Melo and company will continue to violate the 1987 Constitution and therefore should be sent to impeachment trial by the next administration,” added Hicap.

Pamalakaya said the nomination of Pampanga Rep. Juan Miguel “Mikey” Arroyo as first nominee, and Dennis Pineda, outgoing mayor of Lubao, Pampanga as second nominee of Ang Galing Pinoy party list should have compelled Comelec to immediately disqualify the party list. The group said upon learning the nominations of Arroyo and Pineda, the poll body should have declared the Arroyo-Pineda party list as fake and have both charged for violating the 1987 charter and the law on party list system.

“This is the politically correct way of weeding out the party list system of fake party lists. But Comelec did not address it that way. On the contrary, the poll body has become a witting partner in crime of syndicated party list groups like Ang Galing Pinoy and other Malacanang created party lists,” the militant group lamented.

Pamalakaya said aside Ang Galing Pinoy, other Palace backed party list groups that should be exposed, opposed and disqualified to run in the party list elections under the May 2010 elections include 1-UTAK transport group headed by outgoing energy secretary Angelo Reyes, Ang Kasangga party list headed by Maria Lourdes Arroyo, sister of First Gentleman Atty. Mike Arroyo, Bantay party list of Rep. Jovito Palparan, Agbiag Timpuyo Ilokano, Ahon Pinoy, Akbay Pinoy-OFW, Aangat Ating Kabuhayan-Filipinas (Anak), Babae Ka, Bigkis, Byaheng Pinoy Labor Association, Kalahi and League of Youth for Peace and Advancement (Lypad).

Pamalakaya said these groups are pseudo party lists which are backed or influenced by Malacanang and other political interests identified with President Arroyo. The militant group said there are other party lists which are believed to be funded or backed by the Office of the President which needed by to be exposed to Filipino voters.

The group said another list of bogus party lists rumored to have the backings of Malacanang and military officials and politicians allied with President Arroyo will be soon revealed to the public.

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International observers told: Watch AFP on partisan politics

By Pepsi La Loma and Billy Javier Reyes

MANILA, Philippines- The leaders of the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) urged on Sunday asked members of the international community observing the conduct of the May 2010 elections to monitor the possible involvement of the Armed Forces of the Philippines (AFP) identified with President Gloria Macapagal-Arroyo in partisan politics.

In a press statement, Pamalakaya national chair Fernando Hicap and Pamalakaya-Vice chairperson Salvador France noted the Western election observers have focused their attention on the preparations of the Commission on Elections (Comelec) and have missed one vital electoral issue, which is the partisan politics and electioneering conducted by pro-Arroyo officials in the AFP against candidates critical of the Arroyo administration that includes two progressive senatorial candidates and left-leaning party lists.

The Pamalakaya officials appealed to the US-based National Democratic Institute (NDI) to also monitor and entertain reports and cases against AFP officials and rank-and-file personnel accused of engaging in partisan politics and electioneering.

Hicap and France asked Jamie Metzl of NDI, Thomas Barry, deputy regional director of NDI for Asia, Sam Gejdenson, former member of US Congress, Nora Owen, former justice minister of Ireland and Sue Wood, former president of the New Zealand National Party to put premium on documented reports that the military are campaigning for pro-administration bets and on the other hand are campaigning against certain candidates and party lists highly critical of the Arroyo administration.

“The pro-GMA clique in the AFP is in command of all these dirty electoral campaign against progressive candidates and party lists. It is blatantly and brazenly violating provisions of the 1987 Constitution that illegalize any kind or form of military partisan politics and electioneering. We appeal to the members of the international community to give proper attention to this militarist agenda of the pro-Arroyo faction in the AFP,” the Pamalakaya leaders said.

Pamalakaya also asked members of the Western electoral watchdog to remain until June 30 to complete their observation and make an objective preliminary assessment of the May 2010 elections. The militant group said the March 12 to March 17 schedule of NDI electoral observers was short and will not give them even a comprehensive overview on how the Arroyo government and Comelec commence the 2010 elections under its stewardship.

The militant group had pressed Comelec chairman Jose Melo to invoke the constitutional provision banning all military officials and government troops from exercising partisan politics in lieu of reports that that some members of the AFP are engaged in campaigning against Makabayan senatorial candidates—Bayan Muna party list Rep. Satur Ocampo and Gabriela Rep. Liza Maza and activist party lists Bayan Muna, Gabriela and Anakpawis.

‘The commissioners of Comelec headed by Chairman Melo should impose an iron hand policy against officials and members of the AFP engaged in partisan politics. The military is violating the 1987 Constitution pertaining to partisan politics and this political-military adventure sanctioned by the ruling party in Malacanang must be put to an end,” the group said.

Leaders and members of Pamalakaya in Sorsogon said the military in the province are conducting house-to-house campaign in the province calling on all voters not to vote for militant party lists like Bayan Muna, Anakpawis, Gabriela, Kabataan Party and Act Teachers party list. The party lists formed Makabayan coalition party that includes Katribu party list, a new party list representing indigenous people and national minority groups in the country.

On Feb.23, Army Major Arnal Manjares hurt one of the campaigners of Makabayan during a house-to-house sortie, while conducting house-to-house campaign for progressive party lists and senatorial candidates Ocampo and Maza.

Based on the report reaching the headquarters of Bayan Muna in Quezon City, Manjares slapped the face of the volunteer and threatened the victim and his companions that they would be killed and harmed if they come back again and campaign for leftwing party lists and candidates in the area.

Pamalakaya said in the last May 2007 elections, cases of partisan politics specifically against Bayan Muna, Anakpawis and Gabriela party lists were also documented Castilla Sorsogon, San Luis, Isabela, Nasugbu, Tanauan and Taysan in Batangas, Dasmarinas, Cavite, Cordon, and Cauayan, and San Luis Roxas, Isabela, Tuburan, Iloilo, Tubod, Lanao Del Norte, Palimbang Sultan Kudarat, Baggao, Cagayan, Burgos, Ilocos Norte, Kolambugan and Tubod Lanao del Norte, Roxas, Mindoro Oriental, Masbate, Guimba, Nueva Ecija, New Bataan, Compostela Valley.

There were also documented cases of military partisan politics against progressive party lists in Gumaca, Lucena, Sariaya, Candelaria, Lucena, Pagbilao, Gen. Luna and Macalelon, all in Quezon province, Alangalang and Tacloban in Leyte, North Cotabato, Marikina City, Makati City, any parts of Camarines Norte, Sa. Rosa, Laguna, Lavenzares, North Samar, Abuyog, Cagayan Valley, Puerto Princesa, Palawan, Marawi City, many polling places in Lanao del Sur and many canvassing areas in Isabela.

Pamalakaya said the forms of military and police involvement include abductions and salvaging of progressive party list leaders and poll watchers, Illegal presence inside canvass areas or roaming around polling places and canvass areas, harassment of voters and forcing them not to vote militant party lists and instead vote for Palace backed party lists like Bantay of Rep. Jovito Palparan, transporting of ballot boxes in canvass areas, banning militant party list poll watchers inside the canvass areas and selecting only those they want to allow to enter, acting as bodyguards of candidates, presence of APC and 6×6 trucks near polling places and canvass areas, police counting the votes in precinct, the shooting and wounding of a Bayan Muna leader, the burning of school rooms, the Illegal arrest of poll watchers and the threatening Comelec official.

Pamalakaya also reiterated its call for Comelec to recall its previous decision allowing CAGGUs and other paramilitary units to carry fire arms during the election season. The militant group asserted that the long experience and track record of CAFGUs in partisan politics, acting as paid goons and private armies of powerful politicians, the poll body should have recalled its resolution and pursued the across-the-nation disbandment of special civilian armed forces.
Under Comelec resolution 8742 made effective last January 11, amending Resolution 8714, the CAFGU was exempted from gun ban along with members of the Presidential Security Group, Bureau of Fire Protection, Optical Media Board, the treasurers and deputy treasurers and members of the Internal Security Division of the Bureau of Treasury.
Prior to Comelec promulgation of Resolution 8714, Rear Admiral Alexander Pama, commander of the Naval Forces Western Mindanao opposed the disarming of CAAs because these paramilitary groups are tapped by fishing companies to secure their venture in the South. For his part, Lt. Gen. Ben Dolorfino, chief of Western Command said as far as the military is concerned, the CAFGUs are part of the military organization and not all CAFGUs are utilized by private companies operating in far flung areas. #

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Comelec told: Castigate AFP on partisan politics

By Mama Mila Liguasan and Akihira Tatchu

Manila, Philippines –

Pamalakaya took a brief respite after having their Feb.14 sortie in Baywalk, Manila Bay

The leaders of the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) urged on Sunday the officials of the Commission on Elections (Comelec) to castigate officials and rank-and-file members of the Armed Forces of the Philippines (AFP) involved in partisan politics.

In a joint press statement, Pamalakaya national chair Fernando Hicap and Vice chairperson Salvador France pressed Comelec chairman Jose Melo to invoke the constitutional provision banning all military officials and government troops from exercising partisan politics in lieu of reports that that some members of the AFP are engaged in campaigning against Makabayan senatorial candidates—Bayan Muna party list Rep. Satur Ocampo and Gabriela Rep. Liza Maza and activist party lists Bayan Muna, Gabriela and Anakpawis.

‘The commissioners of Comelec headed by Chairman Melo should impose an iron hand policy against officials and members of the AFP engaged in partisan politics. The military is violating the 1987 Constitution pertaining to partisan politics and this political-military adventure sanctioned by the ruling party in Malacanang must be put to an end,” the Pamalakaya leaders said.

Hicap and France who both came from Sorsogon learned that the military in the province are conducting house-to-house campaign in the province calling on all voters not to vote for militant party lists like Bayan Muna, Anakpawis, Gabriela, Kabataan Party and Act Teachers party list. The party lists formed Makabayan coalition party that includes Katribu party list, a new party list representing indigenous people and national minority groups in the country.

On Feb.23, Army Major Arnal Manjares hurt one of the campaigners of Makabayan during a house-to-house sortie, while conducting house-to-house campaign for progressive party lists and senatorial candidates Ocampo and Maza.

Based on the report reaching the headquarters of Bayan Muna in Quezon City, Manjares slapped the face of the volunteer and threatened the victim and his companions that they would be killed and harmed if they come back again and campaign for leftwing party lists and candidates in the area.

Pamalakaya said in the last May 2007 elections, cases of partisan politics specifically against Bayan Muna, Anakpawis and Gabriela party lists were also documented Castilla Sorsogon, San Luis, Isabela, Nasugbu, Tanauan and Taysan in Batangas, Dasmarinas, Cavite, Cordon, and Cauayan, and San Luis Roxas, Isabela, Tuburan, Iloilo, Tubod, Lanao Del Norte, Palimbang Sultan Kudarat, Baggao, Cagayan, Burgos, Ilocos Norte, Kolambugan and Tubod Lanao del Norte, Roxas, Mindoro Oriental, Masbate, Guimba, Nueva Ecija, New Bataan, Compostela Valley.

There were also documented cases of military partisan politics against progressive party lists in Gumaca, Lucena, Sariaya, Candelaria, Lucena, Pagbilao, Gen. Luna and Macalelon, all in Quezon province, Alangalang and Tacloban in Leyte, North Cotabato, Marikina City, Makati City, any parts of Camarines Norte, Sa. Rosa, Laguna, Lavenzares, North Samar, Abuyog, Cagayan Valley, Puerto Princesa, Palawan, Marawi City, many polling places in Lanao del Sur and many canvassing areas in Isabela.

Pamalakaya said the forms of military and police involvement include abductions and salvaging of progressive party list leaders and poll watchers, Illegal presence inside canvass areas or roaming around polling places and canvass areas, harassment of voters and forcing them not to vote militant party lists and instead vote for Palace backed party lists like Bantay of Rep. Jovito Palparan, transporting of ballot boxes in canvass areas, banning militant party list poll watchers inside the canvass areas and selecting only those they want to allow to enter, acting as bodyguards of candidates, presence of APC and 6×6 trucks near polling places and canvass areas, police counting the votes in precinct, the shooting and wounding of a Bayan Muna leader, the burning of school rooms, the Illegal arrest of poll watchers and the threatening Comelec official.

Pamalakaya also reiterated its call for Comelec to recall its previous decision allowing CAGGUs and other paramilitary units to carry fire arms during the election season. The militant group asserted that the long experience and track record of CAFGUs in partisan politics, acting as paid goons and private armies of powerful politicians, the poll body should have recalled its resolution and pursued the across-the-nation disbandment of special civilian armed forces.
Under Comelec resolution 8742 made effective last January 11, amending Resolution 8714, the CAFGU was exempted from gun ban along with members of the Presidential Security Group, Bureau of Fire Protection, Optical Media Board, the treasurers and deputy treasurers and members of the Internal Security Division of the Bureau of Treasury.
Prior to Comelec promulgation of Resolution 8714, Rear Admiral Alexander Pama, commander of the Naval Forces Western Mindanao opposed the disarming of CAAs because these paramilitary groups are tapped by fishing companies to secure their venture in the South. For his part, Lt. Gen. Ben Dolorfino, chief of Western Command said as far as the military is concerned, the CAFGUs are part of the military organization and not all CAFGUs are utilized by private companies operating in far flung areas. #

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Fishers file DQ case against Yap before Comelec

by Gerry Albert Corpuz, Billy Javier Reyes and Sugar Hicap

Manila, Philippines- Leaders of the activist fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) filed on Tuesday a disqualification case against former Agriculture Secretary Arthur Yap before the Commission on Elections (Comelec).

Fisherfolk activists gave OKs to Anakpawis party list and Satur Ocampo and Liza Maza for senate race


In their 4-page disqualification case against Yap, Pamalakaya national chairperson Fernando Hicap and Vice-chairperson Salvador France said the former agriculture secretary lacks qualification to run as congressman for the third district of Bohol because he is not a resident of province 3rd district. The Pamalakaya leaders said the position for which Yap filed a certificate of candidacy requires that a candidate be a resident of the district (3rd District of Bohol) for a period of not less than one year immediately preceding the May 10, 2010 elections.

Hicap and France asserted Secretary Yap failed to meet the qualification because the former agriculture secretary still live in Ortigas, Pasig City and there is no evidence or overt act that Yap abandoned his domicile of origin. Both fisherfolk leaders said their case against Yap is similar to the recently concluded case decided by the poll body against actor Richard Gomez who was barred by Comelec from running in Leyte over the question of domicile.

“More than the issue of residency is the stockpile of graft charges filed by against Secretary Yap before the Office of the Ombudsman regarding irregular and highly questionable use of taxpayers’ money by the agriculture department. This disqualification case pertaining to lack of qualification to run on the basis of residency is just part of the whole process to unearth the truth on controversies surrounding this controversial cabinet of President Gloria Macapagal-Arroyo,” the Pamalakaya leaders added.

Last January 6, Pamalakaya filed plunder and other criminal and administrative charges against Yap in connection with the P 455 million overpriced ice-making machines. Included in the charge sheet are President Arroyo and other officials of the National Agribusiness Council (Nabcor), an attached agency of DA. On top of the P 455 million ice making fund scam is the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

“We filed this case not to spoil the political ambition of Sec. Yap. We filed this case because we want truth and justice to prevail over the narrow interest of new breed of traditional and corrupt politician like Sec. Yap,” the fisherfolk alliance added.

Pamalakaya maintained Sec. Yap cannot even speak the language of Boholanos. The group also said the respondent and his family continue to stay in Metro Manila and that in the concept of domicile under election laws is at Alexandra Residence in Pasig City.

“How can he live and reside in Bohol when Sec. Yap practices his profession and conducts his business in Metro Manila? He continues to be a member of the Integrated Bar of the Philippines, Makati Chapter and likewise holds office in Quezon City. He cannot even speak the language of Boholanos and the people of Central Visayas verbally and by heart. It is really impossible” the group said.

The militant group asserted that Sec. Yap is not domiciled in Barangay, Buenavista in Loboc, Bohol or anywhere within the 3rd legislative district of Bohol. It said the respondent does not have real, substantial and material ties to the locality as to qualify him a resident of the said legislative district, adding that Sec. Yap spends much more time in Metro Manila than in Bohol.

“His visits in Bohol are infrequent, short and transient,” said Pamalakaya. #

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