Republic of the Philippines

SUPREME COURT
Manila
RrsA HONTIVEROS-BARAQUEL,
Petitioner
-
v er sus -
NICODEMO T. FERRER, in his
capacity as Presiding
Commi ssi oner of the Second
Division of the COMELEC,
LUCENI TO N. TAGLE and
ELI AS R. YUSSOF i n t hei r
capaci t i es as
Commi ss i oner s of t he
Second Di v i si on of t he
COMELEC, and GLORI A
MACAPAGAL ARROYO,
Respondents
x- - - - - -
- - - - - - - - - x
G" R. No. L9O94l
For Cer t i or ar i
ENTRY OF APPEARANCE
(As Collaborating Counsel for Petitionerf
THtr UNDBRSIGNBD respectfully enters his appearance as
collaborating counsel lbr the Petitioner in the above-captioned case.
It is respectfully prayed that henceforth copies of all orders,
judgments
and other issuances of this Honorable Court be furnished to
the undersigned at the address indicated below.
Respectfully submitted.
Quezon
CiW for thy
/
I BP 791593, 3 Mar ch 2010,
Q. C.
Rol l No. 44224
MCLE No. 1I - OOO2793118 Jul y 2008
c/o Akbayan National Headquarters, 36-8 Madasalin Street, Sikatuna
Village,
Quezon
City
Phone: 433-6933
Fax:925-2936
E-mail : mithrand!@g4ailgo!0
M. R A
I
t
iB
EXPLANATION
(htrsuant to Section 1 7
,
Rtle 1 3 of the 1 997 Rtles of Ciuil Procedure)
This Entry of Appearance is being served to the Respondents by
regi stered mai l i n accordance wi th secti on 11, Rul e 13 of the Revi sed
Rul es of Court because of l ack of personnel to effect personal servi ce to
each and every one of them.
/ \
/ \ \
i \ n \
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rBARR4, M.
GJJTTERREZ
rlr
Cc:
AT"TY. ROMULO B
13 Cagavan Valley
Las Pi nas Ci ty
MACALINTAL
Street, Philamlife Village
OFFICB OF' fHE SOLICITOR GENERAL
134 Amorsol o Street, Legaspi Vi l l age
Makati City
REPUBLIC OF THE PHILIPPINES
QUEZON
CrTY, METRO MANILA
AFFIDAVIT OF SERVICE
I, KRISTINE M. MENDOZA, Filipino, of legal age, with postal address at
36-8 Madasalin Street, sikatuna Village,
Quezon
city, after being sworn in
accordance wi th l aw, hereby depose and state that:
1. I am a paral egal of the Akbayan! Ci ti zens Acti on Party;
2" I served copi es of the Entry of Appearance to the fol l owi ng by
means of regrstered mai l :
I
l s. s.
ATTY. ROMULO B.
MACALINTAL
13 Cagayan Valley Street,
Philamlife Village
Las Pi nas Ci ty
OFFICE OF THE SOLICITOR
GENERAL
134 Amorsol o Street, Legaspi
Village
Makati Ci tv
Registry Receipt No. 04670
University of the Philippines Post
Office
18 March 2OlO
Registry Receipt No. 04671
University of the Philippines Post
Office
18 Mar ch 2OI O
3. I am executing this affidavit to attest to the truth of the foregoing.
IN WITNBSS WHBREOF, I have hereunto affixed my hand, this 18fr day
of March 2010 at
Quezon
Ci t y.
me this
[1A|? 1 B ?O1O
SUBSCRI BED
affiant exhibiting to
i ssued on June 2OO2
Book No. F :
Page No.
W-' ,
Doc. No.
212;
Ser i es of 2010.
AND SWORN to before
me her University of the
in
Quezon
City.
Phi l i ppi nesI D No. 200206082
t
N' ) 1' ARY
PUBLI C
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NE M. MENDOZA
REPUBLI C OF THE PHI LI PPI NES
Supr eme Cour t
Mani l a
RISA HONTMROS-BARAQUEL,
Peti ti oner
-
v er s us-
NICODEMO T. FERRER, in his
capacity as Presiding
Commi ssi oner of the Second
Di vi si on of the COMELEC,
LUCENI TO N. TAGLE and
ELI AS R. YUSSOF i n t hei r
capac i t i es as
Commi s s i oner s of t he
Second Di v i si on of t he
COMELEC, and GLORI A
MACAPAGAL ARROYO,
Respondents
x- - - -
- - - - - x
G. R. No. 19O941
For Cer t i or ar i
MOTI ON FOR RECONSI DERATI ON
Of t he Res ol ut i on dat ed, 23 Febr uar y 2O1O
PtrTITIONtrR, by undersigned counsel, respectfully moves for
reconsideration of the Resolution of this Honorable Court (the "Assailed
Resolution") dated 23 February 2010, dismissing the above-captioned
petition. In support of this motion, petitioner alleges that
-
TIMELINESS OF THE MOTION
A copy of the Assailed Resolution was received by
4 March 2OlO, and thus this motion is being brought
(15) day period prescribed under the Rules of Court.
ARGUMENTS
Contrary to the
finding
in the
As s ailed Resolution, re sp ondent
COMELEC Commissioners acted with
grzue abuse of discretion in not
the petitioner on
within the fifteen
finding
that respondent Anogo is
prohibited
from
running under Article
VII, Section 4 of the Constitution.
1) Arti cl e VII of the 1987 Consti tuti on provi des that
-
The Presi dent and the Vi ce-Presi dent shal l be el ected by di rect vote
of the peopl e for a term of si x years whi ch shal l begi n at noon on
the thirtieth day of June next following the day of the election and
shal l end at noon of the same date, si x years thereafter. The
Presi dent shal l not be el i gi bl e for any re-el ecti on. No person who
has succeeded as Presi dent and has served as such for more than
four years shall be qualified for election to the same office at any
ti me.
The ori gi nal deci si on of respondent Commi ssi oners di smi ssi ng the
di squal i fi cati on case agai nst respondent Arroyo found that the
above-quoted provi si on was "so cl earl y and unequi vocal l y worded"
that i t "[di d] not see any cal l x x x to resort to i nterpretati on or
statutory constructi on." What thi s si mpl i sti c contenti on overl ooks,
however, i s that the provi si on provi des for two separate rul es: one
for the i ncumbent Presi dent, who "shal l not be el i gi bl e for an), re-
el ecti on;" and another for a "person who has succeeded as
President and has served as such for more than four years" who
shal l not "be qual i fi ed for el ecti on to the same offi ce at any ti me."
Peti ti oner submi ts that "re-el el ti on" under the fi rst rul e, whi ch
appl i es to a si tti ne Presi dent, shoul d be gi ven a di fferent meani ng
from "el ecti on to the same offi ce" under the second-rul e, whi ch
appl i es to a person who has served as Presi dent for more than four
years.
Whi l e a person who has previ ousl y served as Presi dent for more
than four years, wi thout necessari l y bei ng the i ncumbent, i s
specifically prohibited from seeking "election to the same office at
any ti me," an i ncumbent Presi dent i s subj ected to a broader ban
on
ure-el ecti on."
Re-el ecti on, i s commonl y and si mpl y defi ned as "to
2)
J '
4)
el ect agai n."r Its meani ng need not be restri cted to el ecti on
"to the
same posi ti on," beari ng i n mi nd, i n parti cul ar,
that Arti cl e VII,
Secti on 4 di sti ngui shed i ts use wi th reference to the prohi bi ti on
on
an i ncumbent Presi dent,
from "el ecti on to the same offi ce,, i rr
rel ' erence to the prohi bi ti on
on persons who have served as
Presi dent.
5) contrary to the respondents submi ssi on, therefore, the
,,cl ear
and
unequi vocal wordi ng" of the provi si on does not excl usi vel y l i mi r the
prohi bi ti on on an i ncumbent Presi dent to seek el ecti on to the same
offi ce, but i mposes a broader prohi bi ti on on bei ng
,,el ected.
agai n,,
to any post whi l e she/he i s the si tti ng
presi dent.
The broad constntction of the term
"re-election"
under the second
sentence of Article VlI, Section 4 is
consistent tuith the intention of the
prouision.
6) Reference to del i berati ons of the consti tuti onal commi ssi on,
readily reveal that the intention behind the adoption of the
prohi bi ti on under Arti cl e VII, secti on 4 i s to prevent a si tti ng
President from taking advantage of the broad and far-reaching
powers of her/hi s offi ce to i nfl uence the outcome of the el ecti ons.
Accordi ng to Commi ssi oner Franci sco A. Rodri go
*
The main reason we want to prdhibit a
president
from running for
reelection is that he might use his vast powers to assure his
reelection.2
7) If this is the irttent behind the provision, then crearly the
prohibition on "re-election" must be construed to refer not only to
election to the same position, i.e.
president,
but to any other
elective post while the person occupies the office of
president_
obviously the danger of abusing the vast powers of the
presidenc' ,,
'
www"thefreedictionary.com
' Reoords
of t he Consri t ut i onal Commi ssi on. Jul y 24" 1986.
page
20g.
e)
to assist the candidacy of a sitting President applies with even
greater force with respect to lower positions.
It must be noted that even the excerpt from the del i berati on of the
Consti tuti onal Commi ssi on ci ted by the respondent
Commi ssi oners supports thi s poi nt, to wi t
-
MR. REGALADO: May we i nqui re from Commi ssi oner Davi de why
he proposes that the Presi dent shal l be compl etel y i nel i gi bl e for
any future el ecti ve offi ce l ower than the presi dency?... Woul d i t not
be possi bl e that perhaps a former Presi dent may wi sh to share hi s
tal ents and experi ence wi th the peopl e runni ng for a l ower posi ti on
l i ke that of a Senator?
MR. DAVIDtr: He can. He i s onl y banned from reel ecti on, meani ng
to the same offi ce, but not from runni ng for any offi ce.
[emphasi s
suppl i edl
Very clearly, the intention was only to allow a former President to
seek election to a lower office, but not one who was still an
i ncumbent .
The danger of abusing the powers of
the Presidency to inJluence the
electoral bid of the incumbent is euen
more pronounce.d
for
lower positions.
t *
10) Article VII, Section 4 was intended as a safeguard against the
abuses of Presidential power experienced under the dictatorship.
More than being simply a formal prohibition, it was very clearly
directed towards avoiding the situation where a sitting President,
wielding the formidable powers of her/his office, would seek to use
the same for her/his own personal benefit, specifically in the
context of elections.
11) The restri cti ve readi ng of the provi si on adopted by respondent
Commi ssi oners, however, frustrates thi s obj ecti ve by al l owi ng the
opportunity for abuse to occur when an incumbent seeks election
to a l ower posi ti on.
12) The vast powers of the President to appoint public officials
(i ncl udi ng the members of the Commi ssi on on El ecti ons and
j udges
of tri al courts who under the l aw have
j uri sdi cti on
to try
certai n el ecti on rel ated controversi es), di rect publ i c spendi ng, and
command the mi l i tary and pol i ce forces grant her/hi m
unprecedented advantages as a candi date, not onl y for el ecti on to
the same oflice, but, arguably, more so for lower offices. The
intention behind the provision thus applies with far greater force in
these cases, and the provi si on must be construed accordi ngl y i f i ts
fundamental purpose i s to be preserved and achi eved.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this
Honorable Court:
l . RBVERStr and StrT ASIDB its Resolution dated 23 February 2OlO;
ISSUE a TEMPORARY RESTRAINING ORDER AND/OR PRtrLIMINARY
INJUNCTION against the Public Respondents to enjoin them from
printing the ballots with the name of Gloria Macapagal Arroyo as
candidate in-the second district of Pampanga,
ISSUE an ORDER to the Public Respondents to RtrMOVE the name of
Gloria Macapagal Arroyo as candidate in the second district of
Pampanga from the Certified List of Candidates in the 2010 Elections;
4. SBT ASIDE the Order of the Second Division of the COMELEC dated
January 28, 2010 and a Decision be handed down DISQUALIFYING
the respondent from continuing as a candidate for Member of the
House of Representatives representing the second legislative district of
o
a -
Pampanga i n the comi ng May 2010 el ecti ons and excl udi ng her name
from the official list of candidates and from the official ballots;
5. If ever el ected, DISQUALIFY respondent Arroyo from hol di ng offi ce.
other rel i efs j ust
and equi tabl e under the premi ses are l i kewi se
prayed for.
Quezon
Ci ty for the Ci ty of Mani l a, 17 March 201O.
ROSSELYNN JAYE G. DE LA CRUZ
I BP No. 780276
I
1-06-201O/ Quezon Ci t y
PTR No. 3212551 I -06-201Ol Quezon Ci t y
MCLB Compl i ance No. I I -OOI 5BO7l l -2O-2OOg
Roll No. 52826
c/o 368 Madasalin St., Sikatuna Village,
Quezon
City
Cel . No. 0917- 8388990
Tel ephone No. 433-6933
i ael aw@qmai l . com
ARLENE J. BAG-AO
I BP Li f et i me No. 04512
PIR No. 09878591 l-O7-2OO9l Cagayan de Oro City
MCLE Compl i ance No. I I -0013485
Roll No. 39169
c/o 36E} Madasalin Street., Sikatuna Village,
Quezon
City
Cel . No. 0908-8849546
Tel ephone No. 931-6575
I BP 791593, 3 Mar ch 2010,
Q, C.
Rol l No. 44224
MCLE No. 1I - OOO2793I 18 Jul y 2008
National Headquarters, 36-8 Madasalin Street, Sikatuna
Village,
Quezon
City
Phone: 433-6933
Fax:925-2936
E-mail: mithrandir@email. com
c/o Akbayan
EXPLANATION
(htrsuant to Section 77, Rule 13 of the1997 Rules of Ciuil Procedure)
Thts Motion
for
Reconsideration is being served to the Respondents
by regi stered mai l i n accordance wi th Secti on 11, Rul e 13 of the Revi sed
Rul es of Court because of l ack of personnel to effect personal servi ce to
each and everv one of them.
(
M.lquT{gRREz rrr IBAR
AT'|Y. ROMULO B. MACALINTAL
13 Cagayan Valley Street, Philamlife Village
Las Piiras City
OFFICE OF THD SOLICITOR GENERAL
134 Amorsol o Street, Legaspi Vi l l age
Makati Ci ty
REPUBLIC OF THE PHILIPPINES
}
QUEZON
CITY, METRO MANILA
I S.S.
AFFIDAVIT OF SERVICE
I, KRISTINE M. MENDOZA, Filipino, of legal age, with postal address at
36-8 Madasalin Street, Sikatuna Village,
Quezon
City, altei being sworn in
accordance with law, hereby depose and state that:
1. I am a paralegal
of the Akbayan! citizens Action
party;
2. tr served copies of the Motion for Reconsideration
to the following
by means of registered mail:
AT"IY" ROMULO B.
MACAI,INTAL
13 Cagayan Valley Street,
Philamlife Village
Las Pinas City
OFFICE OF' THE SOLICITOR
GENERAL
134 Amorsolo Street, Legaspi
Village
Makati Ciry
3. I am executing this affidavit to attest to the truth of the foregoing.
IN WITNtrSS WHEREOF, I have hereunto affixed my hand, this 18ti' day
of March 2010 at
Quezon
Ci ty.
M. MENDOZA
Affiant
SUBSCRIBED
affiant exhibiting to
i ssued on June 2OO2
-fil-
Book No. Jl { :
-7Ti-'
Page No.
Y{z
;
Doc No^' 4T;
t
AND SWORN to before
me her Universitv of the
in
Quezon
City.
me this
Phi l i ppi nes ID No. 200206082
t
t'{Ai.:
1 1l !iliij
Ui ' l Ti l . DECETqBFR l l , ; 010
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