FOR: THRU: DATE: RE:

The Commission on Elections Hon. Sixto Brillantes Chairman, Commission on Elections 8 October 2012 AUTOMATIC REVIEW OF PENDING PETITIONS FOR REGISTRATION OF PARTY-LIST GROUPS AND SUMMARY EVIDENTIARY HEARINGS FOR ACCREDITED PARTY-LIST GROUPS INTENDING TO PARTICIPATE IN THE 2013 NATIONAL AND LOCAL ELECTIONS

Dear Chairman Brilliantes, Good day! We are concerned citizens and individual members of peoples organizations and non-governmental organizations interested in the protection and defense of the Partylist System from the entry and continuing registration and accreditation of parties or organizations or coalition which do not represent marginalized and underrepresented sectors.

Summons and legal processes may be sent at our office at National Union of Students of the Philippines c/o UP Office of the Student Regent, Vinzons Hall Basement, UP Diliman, Quezon City. On 2 August 2012, this Honorable Commission issued Resolution No. 9513 which seeks to conduct automatic review by the Commission En Banc of pending petitions for registration of party-list groups, and setting for hearing the accredited party-list groups organizations which are existing and which have filed Manifestations of Intent to Participate in the 2013 National and Local Elections.

In line with this, we are writing a letter to ask for the removal and cancellation of registration of Akbayan Citizens Party, a national political party currently represented in the House of Representatives, as a registered and accredited party-list organization, based on R.A. 7941 or the Party-List System Act and relevant jurisprudence.

On October 1, 2012, President Benigno Simeon Aquino III, formally announced the senatorial candidates of the administration coalition at the Club FilIpino in San Juan. The administration coalition is composed of the following political parties the Liberal Party, Akbayan Citizens Party, the Nationalist Peoples Coaltion, the Nacionalista Party, Laban ng Demokratikong Pilipino and the National Unity Party.

On October 5, 2012, Akbayan Citizens Party member and senatorial candidate Ana Theresisa Risa Hontiveros filed her certificate of candidacy at the Commission on Elections office in Intramuros, Manila.

GROUNDS FOR OPPOSITION AND/OR REMOVAL AND/OR CANCELLATION OF REGISTRATION OF AKBAYAN

THE AKBAYAN CITIZENS PARTY IS NOT A MARGINALIZED AND UNDERREPRESENTED PARTY AS REQUIRED UNDER R.A. 7941 AND RELEVANT JURISPRUDENCE

a. THE

AKBAYAN

CITIZENS

PARTY

SHALL

BE

PARTICIPATING IN THE SENATORIAL ELECTIONS b. THE AKBAYAN CITIZENS PARTY IS PART OF THE ADMINISTRATION COALITION c. THE MEMBERS AND OFFICIALS OF THE AKBAYAN CITIZENS PARTY OCCUPY HIGH GOVERNMENT

POSITIONS IN THE GOVERNMENT

1.

Republic Act. No. 7941, or the Party-List System Act provides the

state policy in the enactment of an enabling law for the constitutional mandate for party-list representation in Congress, to wit

Sec. 2. Declaration of Policy. - The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to the sectors, lack marginalized organizations well-defined and and

underrepresented parties, and

who

political

constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible. (Emphasis supplied.)

2.

Thus, the foregoing provision mandates a state policy of promoting

proportional representation by means of the Filipino-style party-list system, which will "enable" the election to the House of Representatives of Filipino citizens:

1. who belong to marginalized and underrepresented sectors, organizations and parties; and 2. who lack well-defined constituencies; but 3. who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.1

3.

By fielding a candidate for the Philippine Senate in the 2013

National Elections, the Akbayan Citizens Party cannot now be considered a

BAYAN MUNA vs. COMELEC, G.R. No. 147613, June 26, 2001.

marginalized and underrepresented party eligible for participation in the PartyList elections.

4.

By fielding a candidate for the Senate, it is admitting that it is now

capable of participating in the elections regularly within the province of major political parties senatorial elections, and by implication, district congressional elections.

5.

In fact, the Akbayan Citizens Party is a major coalition partner of

the administration coalition under the leadership of President Benigno Simeon Aquino III for the purpose of participating in the 2013 National Elections.

6.

By becoming a major coalition partner of the administration

coalition composed of major and traditional political parties - Liberal Party, Nationalist Peoples Coaltion, Nacionalista Party, Laban ng Demokratikong Pilipino and the National Unity Party it has essentially rejected the nature of its political party as marginalized and underrepresented.

7.

By participating as a major coalition partner of the administration

coalition participating in the senatorial elections, the Akbayan Citizens Party should now be considered and declared as a major political party or nonmarginalized and underrepresented political party, instead of continuing to represent itself as a marginalized and underrepresented political party.

8.

Correspondingly, if the respondent is indeed now found to be a

major political party or a non-marginalized or underrepresented political party, it should immediately be disqualified from participation in the 2013 Party-list elections, and its registration and accreditation as a political party eligible for participation in the Party-list elections be removed and canceled.

9.

To further substantiate the allegation that the Akbayan Citizens

Party has now ceased to be a marginalized underrepresented political party, the following members, personalities and officials of the respondent party currently occupy high appointive positions in the Aquino government:

a. Ronald Llamas, former AKBAYAN president, is the Presidential Political Affairs Adviser of President Aquino; b. Loretta Ann Rosales, former AKBAYAN president and representative, is currently the Chairperson of the Commission on Human Rights, and appointee of President Aquino; c. Joel Rocamora, former AKBAYAN president, is currently theChairperson of National Anti-Poverty Commission, and appointee of President Aquino; d. Mario Agujo, former AKBAYAN representative, is currently a member of the GSIS Board of Trustees, and appointee of President Aquino; e. Percival Cendena, former AKBAYAN chairperson, is currently the National Youth Commission commissioner-at-large, appointee of President Aquino;

10. Furthermore, the nominees of AKBAYAN for the 2013 party-list elections currently hold high appointive positions in the Aquino administration: a. Ibarra M. Gutierrez III, AKBAYANs 2nd nominee isan Undersecretary for Political Affairs, and appointee of President Aquino; b. Angelina Ludovice-Katoh, AKBAYANs 3rd nominee is a Commissioner in the Presidential Commission for the Urban Poor.

11. Surely, the presidential appointments are indicia of AKBAYANs present status as a non-marginalized and underrepresented political party.

12. The appointments in high government offices is proof that AKBAYAN is now well-entrenched in government and well-connected to the appointing power. 13. Furthermore, by being a major partner in the administration coalition, the resources available to major political parties under the administration coalition shall be available for its disposal as well, not only for its lone senatorial candidate, but also for its candidacy in the party-list elections.

14. The availment of such resources of major political parties under the administration coalition would most definitely put the respondent party at an unfair and undue advantage in the party-list elections in which the participating party-lists have only meager resources relative to major political parties.

15. With

such

awesome

powers,

connections

and

resources,

AKBAYAN has now ceased to be a marginalized and underrepresented political party eligible for participation in the 2013 Party-list Elections.

The foregoing premises considered, we respectfully pray that the Honorable Commission REMOVE AND/OR CANCEL THE REGISTRATION AND ACCREDITATION of the AKBAYAN CITIZENS PARTY, and DECLARE the respondent party INELIGIBLE TO PARTICIPATE in the 2013 Party-list Elections.

Sincerely,

ISABELLE BAGUISI

EINSTEIN RECEDES

MAI UICHANCO

RAFAEL ANTON DULCE

ELMER LABOG