REPUBLIC OF THE PHILIPPINES COMMISSION ON ELECTIONS MANILA

ARCHBISHOP OSCAR V. CRUZ, FR. JOSE P. DIZON, RENATO M. REYES, JR., SANTIAGO Y. DASMARIAS, JR., RODELSON C. MESA, PETER GONZALES, CRISTINA E. PALABAY, CLEVE KEVIN ROBERT ARGUELLES, ISSABELLE THERESE M. BAGUISI, and HENRI S. KHAN Complainants, -versusAKBAYAN CITIZENS ACTION PARTY, Defendant. x------------------------------------------------------x

COMPLAINT FOR THE REMOVAL AND/OR CANCELLATION OF REGISTRATION OF AKBAYAN CITIZENS ACTION PARTY

PREFATORY (T)he party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government. By the very nature of the party-list system, the party or organization must be a group of citizens, organized by citizens and operated by citizens. It must be independent of the government. The participation of the government or its officials in the affairs of a party-list candidate is not only illegal and unfair to other parties, but also deleterious to the objective of the law: to enable citizens belonging to marginalized and underrepresented sectors and organizations to be elected to the House of Representatives.1

Ang Bagong Bayani v. Comelec, G.R. No. 147589, June 26, 2001

COMPLAINANTS, unto this Honorable Commission, most respectfully state:

1.

This action is being filed against AKBAYAN CITIZENS ACTION

PARTY, pursuant to Section 3, Rule 2 of Comelec Resolution No. 9366, which allows the filing of a verified complaint for removal and/or cancellation of registration of a party-list group or organization.

PARTIES 2. Complainants are all Filipino, of legal age and members of their a. His Excellency Most Reverend Archbishop Oscar V. Cruz is the Archbishop of Lingayen-Dagupan, Pangasinan. b. Fr. Jose P. Dizon is one of the convenors of the election watchdog group KONTRA DAYA. c. Renato M. Reyes, Jr. is the Secretary General of Bagong Alyansang Makabayan (BAYAN). d. Santiago Y. Dasmarias is the Vice-President of Confederation for the Unity, Recognition and Advancement of Government Employees (COURAGE), an umbrella organization of public sector unions in the Philippines interested in the promotion of the rights and welfare of all government workers. e. Rodelson C. Mesa is the Secretary General of Unyon ng mga Manggagawa sa Agrikultura (UMA) and also the Chairperson of Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (AMBALA), both are peasant and farmers organizations. f. Peter Gonzales is the Chairman of Pamalakaya-Timog Katagalugan. g. Cristina E. Palabay is Secretary General of Alliance for the Advancement of Peoples Rights (KARAPATAN) h. Cleve Kevin Robert Arguelles is the current Student Regent of the University of the Philippines. i. Issabelle Therese M. Baguisi is the Secretary General of the National Union of Students of the Philippines (NUSP) j. Henri Kahn is a concerned citizen.
2

respective peoples organizations:

3.

Complainants are filing this Complaint on their own behalf as citizens

and taxpayers interested in the legal and constitutional mandate of the Honorable Commission to ensure that the party-list system remains to be for the marginalized and underrepresented sectors and parties. They may be served with processes of this Honorable Commission at 4F Erythrina Building, 1 Maaralin cor. Matatag Streets, Central District, Diliman, Quezon City 1101. 4. Defendant Akbayan Citizens Action Party (AKBAYAN hereafter) is a

national political party registered with this Honorable Commission and seeking to participate in the 2013 party-list system of elections. It may be served with notices, orders and other legal processes through its principal office at 36-B Madasalin St. Barangay Sikatuna, Diliman, Quezon City.

FACTS 5. Akbayan filed its Manifestation of Intent to Participate in the Party-

list System of Representation in the 2013 Elections. 6. In said Manifestation, Akbayan alleges that it is registered as a

Political Party with national constituency since October 28, 1997. However, in its website2 and other links found in the internet, it is stated that Akbayan was formally established in January of 1998 through its Founding National Congress. 7. Akbayan began participating in the party-list system of elections since

May 1998. It has also fielded and ran in local elections and won some seats therein. 8. follows: 11th Congress (1998-2001): 12th Congress (2001-2004): 13th Congress (2004-2007): 14th Congress (2007-2010): 15th Congress (2010-2013): Loretta Ann P. Rosales Loretta Ann P. Rosales and Mayong Aguja Loretta Ann P. Rosales, Mayong Aguja and Risa Hontiveros Risa Hontiveros and Walden Bello Walden Bello and Kaka Bag-ao Akbayans Representatives in the House of Representatives are as

Akbayan Party. Who we are. Brief History, at http://akbayan.org.ph/who-we-are/4-brief-history, last sighted October 21, 2012

9. Rosales. 10.

Its founding members, as stated in the Manifestation, are as follows:

Ricardo Reyes, Ronaldo Llamas, Walden Bello, Carmel Abao and Loretta Ann

Its nominees for the 2013 elections are: 1. Walden F. Bello 2. Ibarra M. Gutierrez 3. Angelina Ludovice Katoh 4. Sylvia Estrada Claudio 5. Francis Q. Isaac 6. Edwin A. Bustillos The following Akbayan officials, founders and nominees were

11.

appointed as high-ranking public officials in the present Aquino government: 1. Ronald Llamas, former AKBAYAN president, is the Presidential Political Affairs Adviser of President Aquino; 2. Loretta Ann Rosales, former AKBAYAN president and representative, is currently the Chairperson of the Commission on Human Rights, and appointee of President Aquino; 3. Joel Rocamora, former AKBAYAN president, is currently the Chairperson of National Anti-Poverty Commission, and appointee of President Aquino; 4. Mario Agujo, former AKBAYAN representative, is currently a member of the GSIS Board of Trustees, and appointee of President Aquino; 5. Percival Cendaa, former AKBAYAN chairperson, is currently the National Youth Commission commissioner-at-large, appointee of President Aquino; 6. Ibarra M. Gutierrez III, AKBAYANs 2nd nominee is an Undersecretary for Political Affairs, and appointee of President Aquino; 7. Angelina Ludovice-Katoh, AKBAYANs 3rd nominee is a Commissioner in the Presidential Commission for the Urban Poor. 8. Risa Hontiveros-Baraquel, Akbayan president and representative, is the Spokesperson of National Anti-Poverty Commission, and appointee of President Aquino. 9. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is now a commissioner of the Social Service System.

CAUSES OF ACTION A. Akbayan is not qualified to run in the party-list elections because it is no longer a marginalized and underrepresented political party; Akbayan nominees do not belong to the marginalized and underrepresented sectors that Akbayan claims to represent; and Akbayan enjoys government support and funding which gives it undue advantage over other party-list groups.

B. C.

ARGUMENTS/DISCUSSION AKBAYAN IS ALREADY OVERREPRESENTED IN THE AQUINO GOVERNMENT; AKBAYAN AS A PARTY IN POWER 12. Akbayan CEASED TO EXIST as a marginalized and underrepresented

PARTY. Akbayan is now considered as a PARTY IN POWER. With these characteristics, Akbayan is now overrepresented in government. 13. That Akbayan is overrepresented in government is evidenced by the

number of its members, personalities and officials who are occupying high appointive positions in the Aquino administration: 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 the Chairperson 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 Cendaa, former Akbayan chairperson, is currently the National Youth Commission commissioner-at-large, appointee of President Aquino; f. Ibarra M. Gutierrez III, Akbayans 2nd nominee is an Undersecretary for Political Affairs, and appointee of President Aquino; g. Angelina Ludovice-Katoh, Akbayans 3rd nominee is a Commissioner in the Presidential Commission for the Urban Poor.

h. Risa Hontiveros-Baraquel, Akbayan president and representative, is the Spokesperson of National Anti-Poverty Commission, and appointee of President Aquino. i. Daniel Edralin, chairperson of the Alliance of Progressive Labor, is now a Commissioner of the Social Service System. 14. The scenario wherein a party-list group has transitioned itself from

being a marginalized and underrepresented political party to one that is wellentrenched and well-connected to the present administration, is a new development in the Philippines party-list system. 15. The party-list system was included in the Constitution as a social

justice tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit them. It intends to make the marginalized and the underrepresented not merely passive recipients of the States benevolence, but active participants in the mainstream of representative democracy.3 16. But the history of the party-list system is replete with the entry, or

attempted entry, of groups who do not possess the characteristics of a party-list group as required by the party-list law, and as clarified by the Supreme Court in several cases. 17. For instance, the cases of Ang Bagong Bayani4, Veterans5, and Banat6

dealt with the issue of participation of major political parties in the party-list system of elections. a. In Ang Bagong Bayani (2001), the Supreme Court held that Political parties even the major ones may participate in the party-list elections. That political parties may participate in the party-list elections does not mean, however, that any political party or any organization or group for that matter may do so. The requisite character of these parties or organizations must be consistent

3 4

Justice Panganiban in the Ang Bagong Bayani case, G.R. No. 147589. June 26, 2001. Ibid 5 Veterans Federation Party v. Comelec, G.R. No. 136781. October 6, 2000 6 Barangay Association for National Advancement and Transparency (BANAT) v. Comelec, G.R. No. 179271 April 21, 2009

with the purpose of the party-list system, as laid down in the Constitution and RA 7941. b. In Veterans (2000) and in Banat (2009) cases, the Supreme Court explicitly prohibited the participation of major political parties in participating in the party-list elections: However, by a vote of 8-7, the Court decided to continue the ruling in Veterans disallowing major political parties from participating in the party-list elections, directly or indirectly. Those who voted to continue disallowing major political parties from the party-list elections joined Chief Justice Reynato S. Puno in his separate opinion. On the formula to allocate party-list seats, the Court is unanimous in concurring with this ponencia. WHEREFORE, we PARTIALLY GRANT the petition. We SET ASIDE the Resolution of the COMELEC dated 3 August 2007 in NBC No. 07-041 (PL) as well as the Resolution dated 9 July 2007 in NBC No. 07-60. We declare unconstitutional the two percent threshold in the distribution of additional party-list seats. The allocation of additional seats under the Party-List System shall be in accordance with the procedure used in Table 3 of this Decision. Major political parties are disallowed from participating in party-list elections. This Decision is immediately executory. No pronouncement as to costs. 18. Political dynasties, the rich and powerful, and cabinet officials also

tried to join, and were successful in joining, in the party-list elections by forming their own groups or having themselves become nominees of an already registered party-list group. 19. For instance, in the 2010 elections, much clamor has been made

protesting the participation of pro-Arroyo party-lists and nominees, such as Ang Galing Pinoy, 1-Utak, Ang Kasangga, ALE and BIDA. 20. In fact, Akbayan, the defendant herein, was one of the critics of the

participation of these groups who are tagged as pro-Arroyo party-lists. In its website7, Akbayan says: Pro-admin party-list groups, part of Arroyos desperate scheme to hold on to power post-May elections, says Akbayan
7

http://akbayan.org.ph/news/12-press-releases-press-releases/34-pro-admin-party-list-groups-part-of-arroyosdesperate-scheme-to-hold-on-to-power-post-may-elections-says-akbayan

Category: Press Releases Published on Wednesday, 17 February 2010 12:37 Akbayan today (Jan 22) exposes Mrs. Gloria Arroyos latest bid to create a sizeable camp of GMA lapdog loyalists in Congress post-May elections by populating the upcoming party-list elections with administration allies. Akbayan Chair Emeritus and three-term congresswoman Etta Rosales, reacting to the final list of accredited party-list groups released by the Commission on Elections, said, it is lamentable that the dubious list of party list groups exposed in 2007 as administration fronts are now bloating the long list of party list bets contesting the 2010 Polls. I recall in earlier conversation with the COMELEC that they would limit the list for 2010 to only around fifty or a little more. Yet, what we now have is three times this size 150! Rosales said against COMELECs expectations, packing the partylist contenders with Palace fronts can only be interpreted as a desperate effort by the Palace to fill up the next Congress with GMA lapdogs. Apparently, the fears of a new critical leadership with its newly elected district allies in Congress after May 2010 can only be countered by the backdoor election of GMA puppets disguised in emasculated party list robe. Already Exposed in 2007 It can be recalled that in the 2007 midterm elections, Akbayan launched the Bare the List campaign to force COMELEC to disclose the names of all nominees of all accredited party-list groups. Many of the accredited party list organizations for the 2010 race are the same as those which we challenged as administration-fielded bogus groups in the 2007 elections, Rosales continued. To prove this, Rosales encouraged the voting public to visit the campaign blog (http://barethelist.wordpress.com/ ) Akbayan mounted in 2007 listing the pseudo party-list groups. The list includes party-list groups accredited by COMELEC in 2010 elections and controversial incumbent groups such as Ang Kasangga, represented by the Presidents sister-in-law and Banat, represented by the general whose claim to fame lies in his reputation for leaving a trail of blood in every provincial assignment he is given. Rosales explained that in 2007 COMELEC refused to reveal the nominees of these fronts. Akbayan filed a petition before the Supreme Court asking for a full disclosure of the nominees which the High Court granted. Today, the
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COMELEC has passed a resolution that ensures the publication of all the party list nominees. Ngayon, madali nang malaman kung sino ang mga kaibigan ng administrasyon na tumatakbo sa party-list, Rosales added. (Emphasis supplied) 21. Rightly so, the participation of the pro-administration (pro-GMA at

that time) party-lists only creates what Akbayan calls as a sizeable camp of GMA lapdog loyalists in Congress and GMA puppets disguised in emasculated party list robe. This situation greatly is detrimental to the party-list system and to the prejudice of the marginalized and underrepresented sectors, considering that GMA was at that time already tagged as a President whose policies are anti-people and anti-poor. 22. But now, after 14 years of existence as a party-list group, the tides

have turned for Akbayan. Using the analogy of Justice Panganiban8, Akbayan is no longer an outsider given the context of this present administration: The import of the open party-list system may be more vividly understood when compared to a student dormitory open house, which by its nature allows outsiders to enter the facilities. Obviously, the open house is for the benefit of outsiders only, not the dormers themselves who can enter the dormitory even without such special privilege. In the same vein, the open party-list system is only for the outsiders who cannot get elected through regular elections otherwise; it is not for the non-marginalized or overrepresented who already fill the ranks of Congress. 23. When President Noynoy Aquino won in the presidential elections and

rose to power in 2010, numerous leaders and figureheads of Akbayan were appointed by him in various high ranking positions as enumerated above. 24. A study of Akbayans track record would reveal that it has become

what it previously detested and protested against: a lapdog loyalist and a puppet of the present Aquino administration. 25. In his blog9, one of the Complainants Renato M. Reyes, Jr. commented:

Ang Bagong Bayani case, ibid

Akbayan is a supporter of the reactionary, anti-people, and anti-national(ist) Aquino regime. It has a track record of subservience to this regime. It feigns disagreement with Aquino, only when the need arises, such as when their subservience is exposed in public. Has Akbayan at anytime, protested against Aquino? Can their track record boast of anything that would resemble a strong opposition to the anti-people policies of this regime? When Aquino defended the inclusion of online libel in the Cybercrime Law, all Akbayan could muster was a frown and a sense of extreme disappointment, perhaps the same kind that you feel when your team loses a basketball game. Did they protest against Aquino? Nope. They railed against Tito Sotto though, and some of them did a photo ops at the Mabuhay Rotonda. Were they present at the SC rally on Oct. 2 and 9? Nope. Did they file a petition vs the Cybercrime Law? Nope. Have they filed amendments to the law? None that we know of. The truth is, Akbayan has not protested against the Aquino regime on any issue. It contents itself with issuing press statements that take exception, express disappointment and whatever other clich they can come up with. Ever seen an Akbayan rally against Oil Deregulation? Ever watched an Akbayan barricade against demolition teams? Ever heard of an Akbayan rally against US military intervention under Aquino? Or extrajudicial killings of activists and journalists under Aquino? Or a rally against Palparan? As far as track record goes, Akbayan can pride itself with its record of subservience to the Aquino regime. It has partnered with the Aquino regime in further marginalizing the marginalized and underrepresented. Remember Akbayans spirited defense of Aquinos CCT program? As Aquino himself said during Akbayans Congress, I and Akbayan think alike.

26.

Without doubt, Akbayan is now well-entrenched in the Aquino

administration. It has a preferred status of being in the inner circle of Malacaang, compared to other party-list groups. That if Akbayan has any agenda, plans or projects in mind, it could go directly to the policy-makers and have these suggestions directly heard by those who will execute the policies. 27. Akbayan, with its many positions in the present administration, is no

longer marginalized and underrepresented. It is now a PARTY IN POWER,

9

Akbayans imagined marginalization and continuing deception published on October 17, 2012, at http://natoreyes.wordpress.com/2012/10/17/akbayans-imagined-marginalization-and-continuing-deception/, last sighted October 22, 2012

10

wielding considerable clout and resources. Hence, being overrepresented in government, it must no longer participate in the party-list system of elections. AKBAYAN NOMINEES DO NOT BELONG TO THE SECTORS IT IS CLAIMING TO REPRESENT 28. Akbayan nominees for the 2013 elections do not belong to the

marginalized and underrepresented sectors Akbayan claims to represent. Some of its nominees are even appointees of President Aquino to top positions. 29. The need for the nominee of a party-list to belong to the marginalized

and underrepresented sector was explained in the Ang Bagong Bayani case: Seventh, not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees. To repeat, under Section 2 of RA 7941, the nominees must be Filipino citizens who belong to marginalized and underrepresented sectors, organizations and parties. Surely, the interests of the youth cannot be fully represented by a retiree; neither can those of the urban poor or the working class, by an industrialist. To allow otherwise is to betray the State policy to give genuine representation to the marginalized and underrepresented. 30. Akbayans Constitution10 lists the sectors that it claims to represent

labor, peasant, women, youth, lesbians, gays, bisexuals and transgenders (LGBT), fisherfolk, urban poor and overseas Filipinos (OFs). Akbayan has confirmed this claim during the presentation of their witness during the summary evidentiary hearing conducted by this Honorable Commission on 22 August 2012. 31. Second and third nominees Gutierrez and Ludovice-Katoh are top

government appointees and therefore could not be considered by any stretch of the imagination as underrepresented or marginalized. They are Undersecretary for Political Affairs and Commissioner in the Presidential Commission for the Urban Poor, respectively. 32. Being presidential appointees in high ranking positions, they possess

awesome political power not possessed by the marginalized and underrepresented sectors of society.
10

AKBAYAN Party. Who we are. Constitution. http://akbayan.org.ph/who-we-are/11-constitution-and-by-laws, last sighted October 22, 2012

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33.

While Gutierrez indicated professor as his occupation in his

Certificate of Acceptance of Nomination (and despite the fact that at the time of accepting he was also the Undersecretary for Political Affairs) this would not qualify him as a nominee of Akbyan. This is precisely because professionals is not one of the sectors listed and claimed by Akbayan in its Constitution (and testimony during the summary hearings), as one of its represented sectors. 34. As for Walden Bello, he is not a laborer, peasant, woman, LGBT,

fisherman, urban poor, nor an overseas Filipino. He does not belong to any sector that Akbayan claims to represent, in accordance to their constitution. 35. During the same summary evidentiary hearing, the witness for

Akbayan claimed that Bello belongs to the sector of overseas Filipino. However, it must be pointed out that overseas Filipinos is not a marginalized and underrepresented sector, but rather overseas Filipino workers or migrant workers. To consider overseas Filipinos as a marginalized sector would be a misreading and a defeat of the party-list law, precisely because not all overseas Filipinos are poor and downtrodden, or marginalized. Some are millionaires, ambassadors, and businessmen. Clearly, this rich and powerful overseas Filipinos are not the ones intended to be represented by the party-list system. 36. In effect therefore, Walden Bello, first nominee and two-term of Akbayan, does not belong to any marginalized and

congressman

underrepresented sector that Akbayan claims and seeks to represent. 37. Clearly, these persons are disqualified to become nominees of Akbayan

and also buttresses the claim that Akbayan is run by high government officials. 38. In recent press statements, Gutierrez claims that he has already

resigned from his post as Undersecretary. This claim has no merit because the law11 and Supreme Court decision12 upholding the same, already consider government appointees ipso facto resigned at the time of the filing of certificates of candidacy.

11

Section 4(a) of Comelec Resolution No. 8678, Section 13 of Republic Act No. 9369, and (3) Section 66 of the Omnibus Election Code 12 Quinto v. Comelec, G.R. No. 189698, February 22, 2010

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His act of resignation could not make him holier than thou and negate the fact that he was a top ranking member of the Presidents cabinet.

AKBAYAN IS A GOVERNMENTSPONSORED OR SUPPORTED GROUP AND ENJOYS UNDUE ADVANTAGE OVER OTHER PARTY-LIST GROUPS

39.

The Supreme Court in the Ang Bagong Bayani case prohibited the

participation of any party or organization which gets assistance or funding from the government. The Supreme Court recognized that this kind of party-list is illegal and deleterious to the objective of the party-list law: Fifth, the party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government. By the very nature of the party-list system, the party or organization must be a group of citizens, organized by citizens and operated by citizens. It must be independent of the government. The participation of the government or its officials in the affairs of a party-list candidate is not only illegal and unfair to other parties, but also deleterious to the objective of the law: to enable citizens belonging to marginalized and underrepresented sectors and organizations to be elected to the House of Representatives. (Emphasis supplied) 40. In prohibiting government-assisted groups from joining the party-list

elections, the Supreme Court interpreted this to include participation of government officials. 41. The reason that they are disqualified from the party-list system is that

these kinds of groups possess influence and access to government resources, which give them undue advantage over other party-list groups and increases their ability to compete in the party-list system of elections, at the same time, it stifles the chances of the truly marginalized and underrepresented citizens to become elected to the House of Representatives. 42. For instance, the Commission on Human Rights, headed by Rosetta

Ann Rosales since 2010, has a budget of P925,278 million in 2011; P1,420,891 billion in 2012; and P2,782,101 billion in 2013.
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43.

The National Anti-Poverty Commission (NAPC), headed by Joel

Rocamora since 2010, has a budget of P73,189 million in 2011; P102,023 million in 2012; and P113,429 million in 2013. In the addition, the following members/officers of Akbayan became employees/consultants of NAPC: 1. Arnold Tarrobago - Office of the Secretary, Consultant for Community Participation Affiliation: Akbayan member Atty. Magistrado Mendoza Jr. - AFHRMS, Senior Policy Consultant Affiliation: Lawyer of FARM-Luisita, Executive Director of Kaisahan Inc., an NGO of Akbayan Jet Evangelista - Office of the Secretary, LGBT Organizer Affiliation: Office of Risa Hontiveros 2011 Edmund Landrito - Office of the Assistant Secretary Gina dela Cruz, "Informal Settlers" Affiliation: Member ng Alex Boncayao Brigade Maripaz Galang - AFHRMS, Management and HR Consultant Affiliation: Staff of PHILHDRRA (a peasant NGO of Akbayan) Alvic Padilla - PMO-Empowerment, Consultant Affiliation: Staff of Institute for Politics and Governance, founding NGO of Akbayan Marie Labajo - PMO-Empowerment, Senior Technical Advisor Affiliation: Secretary-General Akbayan 2002-2003

2.

3. 4.

5. 6.

7.

44.

Recently, there has also been a Commission on Audit report13 which

questioned the hiring of consultants by NAPC, as well as overpayment to its officials, which were in excess of the allowable limit set by law. Attached herein is the copy of the COA Report. 45. Meanwhile, the National Youth Commission, headed by Percival

Cendaa since 2011, has a budget of P60,741million in 2011; P64,452 million in 2012; and P74,497 million in 2013.

13

Available at the COA website, http://www.coa.gov.ph/2011_AAR/NGAs/ES/NAPC_ES2011.pdf, last sighted October 21, 2012

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46.

The Presidential Commission for the Urban Poor, headed by Angelina

Ludovice-Katoh, has a budget of P60,031 million in 2011; P77,684 million in 2012; and P93,089 million in 2013. 47. With these billions of pesos in the hands of the Akbayan leadership,

Akbayan could already have their agenda, projects and plans implemented through the agency of these offices. 48. An indicia of the success of this scenario in Akbayan being able to

benefit their members through access to government is the fact that most of Akbayan members are recipients of poverty reduction projects of the government, such as the KALAHI (Kapit-Bisig Laban sa Kapirapan: Link Hands in the Struggle Against Poverty) / CIDSS (Comprehensive and Integrated Delivery of Social Services) and the Conditional Cash Transfer program, implemented by the NAPC and DSWD respectively. 49. Another form of government support which Akbayan enjoys to the

exclusion of all other party-lists, is that they have not less than the Presidential Spokesperson Edwin Lacierda defend Akbayan from calls for its disqualification. 50. In response to Akbayan press statements defending itself,

Complainants herein are not questioning the claim that the marginalized sectors can never be overrepresented. What is the point of contention here is that Akbayan, its membership and officials, are overrepresented in the government. It is now a party in power with undue advantage over other party-lists. 51. As a political party, Akbayan can continue to run for other elective

offices. It can still continue to lobby for more government positions and offices for its officials and members, maintain alliance with the present administration and tow the party line. But Complainants are against Akbayan participating in the partylist system. 52. All told, being no longer marginalized and underrepresented, Akbayan

is no longer fit to participate in the party-list system of elections.

15

PRAYER WHEREFORE, premises considered, Complainants respectfully pray that this Honorable Commission Give due course to this Complaint and Immediately remove and/or cancel the registration of the AKBAYAN CITIZENS ACTION PARTY; Other reliefs as are just and equitable are likewise prayed for. Respectfully submitted. Quezon City for Manila; 23 October 2012.

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