CIBAC versus MAD - GOTCHA by Jarius Bondoc

Just wondering. Would Miriam Defensor-Santiago accept it if the Supreme Court rules against her petition to declare as unconstitutional the warantless arrest of opposition leaders behind the Malacañang assault?

The question arises because of Santiago’s recent statements about the Tribunal. Only two weeks ago, she kept telling Joseph Estrada’s loyalists at EDSA Shrine that he’s still President. Hiding behind supposed campaign rhetoric, she insisted the justices erred when they twice ruled that Erap had virtually resigned on Jan. 20. It seems that Santiago, an ex-judge, accepts Court decisions only if they suit her.

* * *

If actor Richard Gomez is MAD, then CIBAC is out to get him.

The multisectoral Citizens’ Battle Against Corruption has asked the Comelec to disqualify both Gomez and Mamamayan Ayaw sa Droga from May 14’s party-list voting. CIBAC avers that Gomez is not a registered voter, and that MAD had lied about it in violation of election laws.

Gomez had stated in his Certificate of Acceptance as MAD nominee that he’s a registered voter of Precinct No. 5298-A, Barangay Horseshoe Village, Quezon City. He filed the CoA with Comelec last March 28. But CIBAC lawyer Jess Martinez checked this out, and discovered that Gomez is not in the precinct’s official List of Voters dated March 6, 2001. And there has been no new voter registration since January.

Upon learning of CIBAC’s petition, a Bulacan official told The STAR she thought all the while that Gomez was a voter of the province. This, because the actor had initially planned to run for governor there. Gomez, in response to the complaint, told newsmen that his name appears in a computerized list of voters. CIBAC immediately challenged him to explain why his name is in the computer but not in Comelec’s official list on which the encoding was based.

Seeking Gomez’s disqualification from election, Martinez cited Section 9 of Republic Act 7941, to wit: "Qualification of Party-List Nominees. No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election."

Also last March 28, MAD corporate secretary Constantino L. Navarro III submitted the party’s Certificate of Nomination, a document Comelec requires for registration. The CoN lists Gomez, of No. 8 Matipuno St., Horseshoe Village, QC, as the first of MAD’s three nominees and two alternates. Navarro swore in the CoN: "I hereby certify that the above nominees have all the qualifications and none of the disqualifications of party-list nominees; that they are not candidates for any other elective office, nor have anyone of them lost his/her bid for an elective office in the immediately preceding election."

Seeking MAD’s disqualification along with Gomez, CIBAC’s Martinez cited Section 6 of RA 7941: "Removal and/or Cancellation of Registration. The Comelec may motu propio or upon verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds: ... (6) It declares untruthful statements in its petitions."

Martinez said that in view of Gomez’s "ineligibility" and MAD’s "misrepre-sentation." votes cast for MAD on Monday must not be counted and be declared as invalid.

Other parties like Akbayan, Bayan Muna and Sanlakas had earlier petitioned Comelec to disqualify MAD for being a government association during the term of Joseph Estrada. They swore that MAD had received funds from Malacañang, which makes it ineligible for party-list voting.

* * *

CIBAC has also filed a disqualification case against Estrada crony Mark Jimenez, congressional candidate for Manila’s sixth district.

In its petition, CIBAC said that Jimenez was born as Mario Batacan Crespo on Dec. 31, 1946 at the Trinity Hospital in Sta. Ana, Manila to parents Ramon Salamat Crespo and Carmen Batacan Crespo. CIBAC said Jimenez abandoned his Manila domicile "when he left the country and resided in the United States for almost 20 years. In the US, he changed his name from Mario Batacan Crespo to Mark Batacan Jimenez. Moreover, he acquired a permanent residence visa therein."

CIBAC added that Jimenez returned to the Philippines on May 10, 1998 "by reason of his indictment by the US grand jury." It said that Jimenez, with his family, "acquired real property, and established not just residence but permanent domicile at No. 6 Intsia Road, South Forbes Park, Makati City."

Last February 27, Jimenez filed with Comelec his certificate of candidacy, stating among others the following:

• Residence (complete/exact address): #3445 Magistrado Torres, Bacood Sta. Mesa, Manila;

• Number of years of residence before May 14, 2001: 53 years in the Philippines, and eight years and six months in the constituency where I seek to be elected.

CIBAC said the entries are false. It cited a sworn affidavit that Jimenez filed on Aug. 16, 1999 in which he stated:

"I, Mark B. Jimenez, of legal age, married, and a resident of No. 6 Intsia Road, South Forbes Park, Makati City, after having been duly sworn to in accordance with law, hereby depose and state:

"I was born on December 31, 1946 at Trinity Hospital, Sta. Ana, Manila. My father was Ramon Salamat Crespo and my mother was Carmen Batacan Crespo, both of whom were natural-born citizens of the Philippines. My father is deceased but my mother is alive, and resides with my sister, Teresa C. Alsua, and ocassionally with me at my residence.

"I returned to the Philippines on May 10, 1998. Similarly, my wife and children have returned to the Philippines and reside with me at No. 6 Intsia Road, South Forbes Park, Makati City."

CIBAC said Jimenez not only failed to meet the residency rule but also filed false statements with Comelec. It cited Article VI, Section 6 of the Constitution which mandates members of the House of Representatives to be residents of their districts "for a period of not less than one year immediately preceding the day of election."

It also cited Section 78 of the Omnibus Election Code, which states: "Petition to deny due course or to cancel a certificate of candidacy. A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any person exclusively on the ground that any material representation contained therein as required under Section 74 is false."

* * *

You can e-mail comments to [email protected]