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Republic of the Philippines

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Intramuros. Manila ll.E;

RISA HONTTVER.OS

Petitioner,

versus - spA (Dc) t {, /210(,)


GLORIA MACAPAGAL-ARROYO.

Respondent.

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PETITION TO DISQUALIFY GLORIA MACAPAGAL-ARROYO

AS CANDIDATE FOR MEMBER OF THE HOUSE OF REPRESENTATWES

TO REPRESENT THE SECOND LEGISLATTVE DISTRICT OF PAMPANGA

FOR POSSESSING GROUNDS FOR DISQUALIFICATION UNDER THE

CONSTITUTION

Petitioner, through counsel, respectfully states:

1. That pctitioner is a Filipino citizen, of legal age, and an incumbent Member of


the Ilouse of Representatives representing Akbayant Citizens Action Parrty, and
may be served with snmmons and legal processes through her counsel at the
address indicated below:

2. That respondent is a Filipino cittzen, of legal age, married, and the incumbent
President of the Republic of the Philippines, and may be served with summons
emd legal processes at Malacanang Palace,Jose P. Laurel St., Manila;

3. That on 1 December 2009, respondent filed her certificate of candidacy lbr the
position of Member of the House of Representatives to represent the seconcl
legislative district of Pampanga;

4. That respondent, being the incumbent President of the Republic of the


Philippines, is disqualified to be a candidate for the above-stated position under
the provisions of the first paragraph of Section 4 of Article VII of the
Constitution which reads as follows:
"Sec. 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shaJ.l begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date six years thereafter. The President shall not be
eligible for any reelection. No person who has succeeded as President and
has served as such for more than four years shall be qualified for election to
the same office at any time." (Emphasis supplied);

5. Moreover, the filing of candidacy by the incumbent President for an elective


position violates the equaJ protection clause of the Constitution that provides:

"No person shall be deprived of life, liberty, or property without


due process of law, nor shall any person be denied the equal
protection of the laws. (Article III Section 1,1987 Constitution)"

As current President, she has all the powers and resources as well as :rccess to
it that will definitely prejudice the chances of any opposing candidate 1n any

electoral competition against her.

That the purpose of this provision and the intent behind it is to prevent a sitting
President from using the vast powers at his/her command as Commander-in-

Chief, Chief Executive and Head of Government, and as Head of State as well as
dispensing the overwhelming resources at his/her disposal in order to obtain
undue advantage over his/her opponent(s) in an election for the same or any
other elective position where he/she may be a candidate, thereLry defeating the
spirit of a farr electoral contest on a level playing field;

7. That while the disqualification clearly applies to running for reelection for the

sarne position for President, for more reason it applies to other elective positions

lower than that of President. as intended bv the framers of the I9B7

Constitution:

B . That the wisdom of Section 4, Article VII of the Constitution as intended by the

framers of the Constitution is now best illustrated by the respondent's issuance


on 4 December 2OO9 of Proclamation No. 1959 proclaiming a state of martial
law in the province of Maguindanao, that, whether justified or not,

constitutional or not, has such intimidating and chilling effect even if not
proclaimed in the territory where she is running as a candidate in a local

electora-l contest, much more so if it were.

9 . Allowing a sitting President to run for office would open a veritable Pandora's
Box and, when interfaced with other existing laws and policies, present

fundamental questions of equity. For example, the Revised Administrative Code

allows the President the power to suspend expenditure of appropriations -


"Sec. 38. Suspension of Expenditure of Appropriations. Except ers
otherwise provided in the General Appropriations Act and whenever in his
judgment public interest so requires, the President, upon notice to the head
of office concerned, is authorized to suspend or otherwise stop further
expenditure of funds erllotted for any agency, or any other expenditure
authorized in the General Appropriations Act, except for persona,l services
appropriations used for permanent officials and employees."

1O. The mischief in this provision has manifested itself in the past, when a
President has used his or her power of impoundment to withhold allotments for
non-a,llies and grant Countryrvide Development Funds to those who remain loyal
to the administration.

11. It is argued that Presidential prerogatives on allocations and funds will be more
abused when a President is seeking lower office and can therefore wield such
powers against an opponent or for partisan purposes.

12. Moreover, allowing a sitting President to run for lower office would in effect
allow him or her to run even for local executive positions. Attention must then
be drawn to the fact that a sitting President exercises powers of supervision over
local government units, as mandated by the Local Government Code which
states that:

SEC. 25. National Supervision over Loca-l Government Units. - (a)

Consistent with the basic policy on local autonomy, the President shall
exercise general supervision over local government units to ensure that their
acts are within the scope of their prescribed powers and functions.

The President shall exercise supervisory authority directly over provinces,


highly urbanized cities, and independent component cities; through the
province with respect to component cities and municipalities; and through
the city and municipality with respect to barangays.

13. It is not therefore difficuit to contemplate a situation wherein a sitting President


allowed to run for lower office (for example, a local government position) wields
the vast power, arsenal and prerogatives of the State to bear down againsL an
incumbent whom she or he is running against.

Verily, the existing policy and legal framework of the system at present cannot
be reconciled with the notion of allowing a sitting President to run for lower
office.

14. It is therefore incumbent upon this Honorable Office to rule with dispatch and
decisivenesson the matter at hand, illumined by the clear mandate of the law
and principles of equity, and disqualify Mrs. Arroyo from seeking Congressronal
office.

WHEREFORE, it is most respectfully prayed of this Honorable Commission that,


after
due notice and hearing and summa-ry proceedings in accord.alce with Comelec
Resolution No. 8696 promulgated on 11 November 2009, a Decision be handed down
disqualifying the respondent from continuing as a candidate for Member of the House
of Representatives t the second legislative district of Pampanga in the coming 10 May
2010 election and excludingher narne from the officia-l list of candidates and fiom the
official ballots, and if ever elected, disqualifying her from holding the office.

Petitioner also respectfully prays for other and further relief that may be deemed just
and equitable under the premises.

Quezon City for Manila, 7rH day of December 2OO9.

Counsel for Petitioner:

',,_'ffi4dl
/-r
ARLEIE J. BAG-AO
IBP L1'fetimeNci:rb+st z
PTR No. 09878591 1-07-2OOglCagayanDe Oro
MCLE ComplianceNo. II-001348s
RollNo. 39169
368 Madasalin St. Sikatuna Village, euezon City
Cel. No. 0908-8849546
T e l e p h o n eN o . 9 3 1 - 6 5 7 S

ROSSELYNN JAYE G. DE LA CRUZ


IBP No. 77 6093I 1-15-2009/euezon City
PTR No. 12402671 |-2o-2o)gleuezon City
MCLE ComplianceNo. II-0015807/ I-2O-2OA9
Roll No. 52826
258 Matiyaga Street, Barangay Central, euezon City
Cel.No. 0917-8388990
TelephoneNo. 433-6933
jaelaw@gmail.com
CopyFurnished:

GloriaMacapagalArroYo Registry ^r. !:/!-?:L----


Receipt
President,Republicof the Philippines 0r, ?,fla1
VERIFICATION

Republic of the Philippines )


Quezon City l S.S.

I, RISA HONTMROS, Filipino citizen, of legal age and with office


address at Room S-514, South Wing Building, House of Representatives,
Quezon City, after first being duly sworn in accordance with law, hereby
depose and state:

i . That I am the petitioner in the above-entitled case;


2 . That I have caused the preparation of this petition;
3 . That I have read the contents of this Petition and affirm that
all the facts and allegations therein are true and correct to
the best of my own personal knowledge andf or based on
authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day


of December 2OO9 in Quezon City, Philippines.

Afrl^tdxw$- b.oxa4ul
RISA HONTIVEROS {/
Affiant

SUBSCRIBED AND SWORN TO before me this 7th day of December


2OO9,affiant showing to me her Diplomatic Passport No. DP 0000494,
issued at Citlr of Manila on August 7, 2007 with expiration date on
A u e u s t6 . 2 0 1 0 .

NOTARY PUBLIC
02
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REPUBLICOF THE PHILIPPINES)
qUEZON CITY ) S.S.

AFFIDAVIT

I, RISA HONTIVEROS, of legal age, Filipino, with office addressat Room S-


514, South Wing Building, House of Representatives,Quezon City, after being sworn
in accordancewith law, hereby deposeand statethat:

1. I am the petitioner in the caseversus respondent Gloria Macapagal-Arroyo,


President of the Republic of the Philippines, entitled "PETITION 'fO
DISQUALIFY GLORIA MACAPAGAL-ARROYO AS CANDIDATE FOR
MEMBER OF THE HOUSE OF REPRESENTATIVESTO REPRESENTTHIi
SECOND LEGISLATIVE DISTRICT OF PAMPANGA FOR POSSESSING
GROUNDSFOR DISQUALIFICATION UNDER THE CONSTITUTION:''

2. Due to the urgency and immediacy of the filing of this perition, the
unavailability of a messengerservice, and the obvious difficulty of serving
personally a copy thereof to the respondentwho is the sitting Presidentof the
Republic of the Philippines, resort had to be made through registeredmail fbr
the purposeof furnishing the said respondenta copy of the said perition;

3. I executethis affidavit to attest to the truth of the foregoing.

IN WITNESS WHEREOF, I have hereunto affixed my hand, this 7th dav of


December2009 at QIezon Citlu.

AJ*rr6,ttzrrt-AD<aA.</4*
RISAHONTIVEROS U
Affiant

SUBSCRIBEDAND SWORN TO beforeme this 7th dayof December2009,


affiant showing to me her Diplomatic PassportNo. DP 0000494,issuedat Citlr of
Manila on August 7, 2007 with expiration date on August 6, 2010.

NOTARYPUBLIC

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REPUBLIC OF THE PHILIPPINES )
QUEZON CrTY I s.s.

AFFIDAVIT OF SERVICE

I, IONA D. JALIJALI, of legal age, Filipino, single, with office


address at Room 5514 South Wing Building, House of Representatives,
Quezon City, after being sworn in accordance with law, hereby depose
and state that:

1. I am empioyed as an STAFF of the Office of the Petitioner in the


case entitled "PETITION TO DISQUALIFY GLORIA MACAPAGAL-
ARROYO AS CANDIDATE FOR MEMBER OF THE HOUSE OF
REPRESENTATIVES TO REPRESENTTHE SECOND LEGISLATIVE
DISTRICT OF PAMPANGA FOR POSSESSINGGROUNDS FOR
DISQUALIFICATION UNDERTHE CONSTITUTION;"

2. I caused to be furnished by means of registered mail a copy of the


said petition to the respondent on 7 December 2009 at the
following address:

Mrs. Gloria Macapagal-Arroyo


President
Republic of the Philippines
Malacanan Palace, J.P. Laurel Street,
San Miguel, Manila 1OO5

3. I execute this affidavit to attest to the truth of the foregoing.

IN WITNESS WHEREOF, I have hereunto affixed my hand, this 7th


day of December2OO9at Quezon City.
.ay'

\
.a// l ( /\ -
1 t))
IONA JALIJALI
E.
Affiant

SUBSCRIBBD AND SWORN to before me this 7tt Day of December


20009, affiant having exhibiting to me her Community Tax Certificate
Number 19884577 issued at Marikina City on January 6, 2009.

NOTARY PUBLIC
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