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Republic of the Philippines COMMISSION ON ELECTIONS Manila

FR. JOE DIZON, Complainant, - versus ANG KASANGGA PARTY-LIST and TEODORICO T. HARESCO, Defendants.
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Case No. _______

COMPLAINT FOR THE REMOVAL AND/OR CANCELLATION OF REGISTRATION OF ANG KASANGGA PARTY-LIST UNDER THE PARTY-LIST SYSTEM WITH PETITION TO DENY DUE COURSE THE CERTIFICATE OF NOMINATION

COMPLAINANT, unto this Honorable Commission, most respectfully states that:

PREFATORY STATEMENT

In the end, the role of the Comelec is to see to it that only those Filipinos who are marginalized and underrepresented become members of Congress under the party-list system, Filipino-style. xxx This Court, therefore, cannot allow the party-list system to be sullied and prostituted by those who are neither marginalized nor underrepresented. It cannot let that flicker of hope be snuffed out. The clear state policy must permeate every discussion of the qualification of political parties and other organizations under the party-list system. (Ang Bagong Bayani-OFW Labor Party v. Ang Bagong Bayani-OFW Labor Party Go! Go! Philippines, G.R. No. 147589, June 26, 2001) (Bayan Muna v. COMELEC, G.R. No. 147613, June 26, 2001)

2 THE PARTIES

1.

Complainant Fr. Joe Dizon is of legal age, Filipino, and a member of the election

watchdog group KONTRA DAYA. Processes of this Honorable Commission may be served upon him at Erythrina Building, Maaralin corner Matatag Streets, Central District, Quezon City. 2. Complainant is filing this Complaint on her own behalf as citizen, tax payer and member

of KONTRA DAYA interested in the legal and the constitutional mandate of the Honorable Commission to ensure that the party-list system in the country serves only the marginalized and underrepresented sectors. 3. Defendant ANG KASANGGA PARTY-LIST (KASANGGA hereafter) is a party-list group

registered with this Honorable Commission as a sectoral organization representing the microentrepreneurs. It may be served with notices, orders and other legal processes through its principal office at 46A Kamias Road, Quezon City. 4. Defendant Teodorico Haresco is of legal age, Filipino, married, and with office address at

Room S-612, House of Representatives, Batasan Hills, Quezon City. He is currently a Congressman and the first nominee of KASANGGA for the 2013 elections under the party-list system of representation.

NATURE OF THE COMPLAINT 5. This is a complaint for the removal removal or cancellation of registration of

KASANGGA under the party-list system of elections pursuant to Section 3, Rule 2 of the Honorable Commissions Resolution No. 9366 (February 21, 2012), to wit: SEC. 3, RULE 2. Removal and/or cancellation of registration; Grounds. The Commission may motu proprio or upon a verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. Any party whose registration has been removed or cancelled shall not be allowed to participate in the party-list system, or from being proclaimed if the evidence is strong."

THE FACTS

6.

KASANGGA is a party-list registered with this Honorable Commission as a sectoral

organization allegedly representing the micro-entrepreneurs. 7. KASANGGA participated in the 2007 party-list list elections and won one seat in

Congress. Maria Lourdes Arroyo is its representative from 2007 to 2010 or the 14th Congress. 8. KASANGGA again participated in the 2010 party-list elections and won one seat.

Defendant Haresco is its current representative in the 15th Congress. 9. For the 2013 party-list elections KASANGGA has manifested its intent to participate

therein, listing the following personalities as its nominees: First: Teodorico T. Haresco, Jr. Second: Atty. Gwendolyn Pimentel Third: Rene U. Villa Jr. Fourth: Jose Ciceron Lorenzo A. Haresco Fifth: Jan Christine D. Echiverri

10.

From the time that KASANGGA entered the party-list system, it has been heavily

involved in controversy with groups claiming that it is a fake party-list who does not have a bona fide intention of representing the marginalized and underrepresented sectors, but a creation of, and existing only to serve its principal, former President Gloria Macapagal-Arroyo. 11. With the renewed interest and dedication of this Honorable Commission to cleanse the

party-list system from groups that abuse and take advantage of the system for personal gains to the detriment of the marginalized and underrepresented sectors, Complainant hopes that this attempt to forever remove KASANGGA from the party-list system will not be in futility.

CAUSES OF ACTION

I. THE REGISTRATION OF ANG KASANGGA PARTY-LIST SHOULD BE CANCELLED KASANGGA failed to show any track record of representation of the marginalized and underrepresented sectors.
12. KASANGGA is a sectoral party-list allegedly representing the micro-entrepreneurs.

However this claim is unsupported by actual track record of service and genuine advocacy for the rights and welfare of this sector. 13. In its seven years of existence as a party-list, and in its two terms in Congress, it has failed

to show any genuine representation of the marginalized and underrepresented sector of the microentrepreneurs. 14. Maria Lourdes Arroyo, sister to First Gentleman Juan Miguel Arroyo, was the

representative of KASANGGA during the 14th Congress. She was also one of the richest party-list representatives of that Congress with P88.6 million reported net worth. 15. In her three years as the representative of KASANGGA, she failed to become a veritable

lawmaker serving the interest of the marginalized and underrepresented sector she claims to represent. 16. Indeed, Rep. Arroyo and KASANGGA proved to have used the party-list system to the

prejudice and detriment of the poor, downtrodden and the oppressed, in order to promote the interest of the Arroyo family. 17. Its current representative is no better. A known staunch ally and appointee of Gloria

Macapagal-Arroyo, Defendant Haresco also failed to serve the interests of the marginalized and underrepresented sectors. Instead his legislative track record prove that his time and efforts were devoted to filing bills and resolutions to help the big business and other sectors which are not marginalized and underrepresented. 18. Clearly, these facts would show lack of track record of KASANGGA party-list serving

the interests of the marginalized and underrepresented sectors, specifically the micro-entrepreneurs. These facts belie the self-serving assertions of KASANGGA (in its websites, press releases, etc.) that it is

5 the party-list for the marginalized and underrepresented micro-entrepreneurs. Its seven years of existence as a registered party-list and five years in the House of Representatives were devoted to promoting its representatives self-interest, as well as the interest of Gloria Macapagal-Arroyo in Congress. 19. The foregoing proves that KASANGGA is a fake party-list without bona fide intention of

representing the marginalized and underrepresented sectors, and organized solely to benefit Gloria Macapagal-Arroyo and her allies.

KASANGGA violates the guidelines of the Supreme Court in Ang Bagong Bayani case.
20. The representatives of KASANGGA in Congress Arroyo and Haresco do not belong to

the marginalized and underrepresented sectors. 21. The need for a nominee of the party-list to belong to the marginalized and

underrepresented sector was explained and emphasized by the Supreme Court in the Ang Bagong Bayani case, thus: The declared policy of RA 7941 contravenes the position of the Office of the Solicitor General (OSG). We stress that the party-list system seeks to enable certain Filipino citizens specifically those belonging to marginalized and underrepresented sectors, organizations and parties to be elected to the House of Representatives. The assertion of the OSG that the party-list system is not exclusive to the marginalized and underrepresented disregards the clear statutory policy. Its claim that even the super-rich and overrepresented can participate desecrates the spirit of the party-list system. Indeed, the law crafted to address the peculiar disadvantages of Payatas hovel dwellers cannot be appropriated by the mansion owners of Forbes Park. The interests of these two sectors are manifestly disparate; hence, the OSGs position to treat them similarly defies reason and common sense. In contrast, and with admirable candor, Atty. Lorna Patajo-Kapunan admitted during the Oral Argument that a group of bankers, industrialists and sugar planters could not join the party-list system as representatives of their respective sectors. While the business moguls and the mega-rich are, numerically speaking, a tiny minority, they are neither marginalized nor underrepresented, for the stark reality is that their economic clout engenders political power more awesome than their numerical limitation. Traditionally, political power does not necessarily emanate from the size of ones constituency; indeed, it is likely to arise more directly from the number and amount of ones bank accounts. It is ironic, therefore, that the marginalized and underrepresented in our midst are the majority who wallow in poverty, destitution and infirmity. It

6 was for them that the party-list system was enacted -- to give them not only genuine hope, but genuine power; to give them the opportunity to be elected and to represent the specific concerns of their constituencies; and simply to give them a direct voice in Congress and in the larger affairs of the State. In its noblest sense, the party-list system truly empowers the masses and ushers a new hope for genuine change. Verily, it invites those marginalized and underrepresented in the past the farm hands, the fisher folk, the urban poor, even those in the underground movement to come out and participate, as indeed many of them came out and participated during the last elections. The State cannot now disappoint and frustrate them by disabling and desecrating this social justice vehicle. Because the marginalized and underrepresented had not been able to win in the congressional district elections normally dominated by traditional politicians and vested groups, 20 percent of the seats in the House of Representatives were set aside for the party-list system. In arguing that even those sectors who normally controlled 80 percent of the seats in the House could participate in the party-list elections for the remaining 20 percent, the OSG and the Comelec disregard the fundamental difference between the congressional district elections and the party-list elections. As earlier noted, the purpose of the party-list provision was to open up the system, in order to enhance the chance of sectoral groups and organizations to gain representation in the House of Representatives through the simplest scheme possible. Logic shows that the system has been opened to those who have never gotten a foothold within it -- those who cannot otherwise win in regular elections and who therefore need the simplest scheme possible to do so. Conversely, it would be illogical to open the system to those who have long been within it -- those privileged sectors that have long dominated the congressional district elections. 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. Verily, allowing the non-marginalized and overrepresented to vie for the remaining seats under the party-list system would not only dilute, but also prejudice the chance of the marginalized and underrepresented, contrary to the intention of the law to enhance it. The party-list system is a tool for the benefit of the underprivileged; the law could not have given the same tool to others, to the prejudice of the intended beneficiaries. This Court, therefore, cannot allow the party-list system to be sullied and prostituted by those who are neither marginalized nor underrepresented. It cannot let that flicker of hope be snuffed out. The clear state policy must permeate every discussion of the qualification of political parties and other organizations under the party-list system. 22. Various groups have ceaselessly and tirelessly pointed out that KASANGGA personalities,

especially Arroyo and Haresco, do not belong to the marginalized and underrepresented sectors. Neither

7 do they belong to the micro-entrepreneur sector that KASANGGA claims to represent. ARROYO AND HARESCO ARE MULTI-MILLIONAIRES! 23. enterprise as: "SEC. 3. Micro, Small and Medium Enterprises (MSMEs) as Beneficiaries. - MSMEs shall be defined as any business activity or enterprise engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, must have value falling under the following categories: micro: not more than P3,000,0001 24. Arroyo has a reported net worth of P88.6 million, while Haresco has a reported net worth Under the law, the Magna Carta for Micro, Small and Medium Enterprises defines micro-

of P92.8 million. Clearly, these figures would not qualify these persons as marginalized. 25. Haresco is a big businessman. He is not a micro-entrepreneur. He is incorporator,

stockholder and officer of several corporations with huge capitalizations: (a) Winace Holdings Philippines, Inc.: P100 million capitalization, with P100 million paid up capital. Haresco is the President and Chairman. He owns up to P40 million shares in this corporation.2 (b) Winsource Solutions Phils. Inc.: P50 million capitalization, with P50 million paid up capital. Haresco is the Chairman. He owns up to P19.9 million shares in this corporation. Additionally, his other corporation Winace Holdings, is the majority stockholder of Winsource, with paid shares of P30 million.3 (c) Winserve Trading Inc.: P1 million capitalization. In its 2011 General Information Sheet4, Winace Holdings Phils. Inc. holds the majority share, with P222,000 subscribed shares. (d) Eco-Coral Corporation: P20 million capitalization. Winace Holdings Phils. Inc. is the majority shareholder, holding 50% of the entire stockholding. 26. This enumeration plainly show that Haresco is clearly not in the same league as the balut

vendors and other small entrepreneurs whom KASANGGA claims to represent. His financial profile cannot in any way fit the description of a micro-entrepreneur. The profile of these corporations cannot also in any way fall under the legal definition of a micro-enterprise. 27. Winace Holdings Philippines Inc. has several subsidiaries listed in its website. 5 It includes

(a) Seventh High, (b) Technostrat, (c) Eco-Coral, (d) One White Beach, (e) Chaikofi, (f) Integritas, (g) Winace Security, and (h) Winprinting. On the other hand, Winsource Solutions Inc., a business process
1 2 3 4 5

Republic Act No. 9510, amending Republic Act No. 6977 Attached as ANNEX A the General Information Sheet for the Year 2008 Attached as ANNEX B is the General Information Sheet for the Year 2010 ANNEX C http://www.winace.com.ph/subsidiaries.html, last sighted September 26, 2012

8 outsourcing company employs, hundreds of employees. 28. This profile really shows that Haresco is not a micro-entrepreneur and does not belong to

that sector. Neither are his businesses considered as micro-enterprises. 29. Other nominees, past and present, also fail to measure to the requirements of a party-list

nominee. This fact shows KASANGGAs track record of violating the party-list law and only proves that it is a fake party-list without bona fide intention to represent the marginalized and underrepresented sectors. 30. Eugenio Jose Lacson, second nominee of KASANGGA for the 2010 elections, is neither

marginalized nor underrepresented. He is also not a micro-entrepreneur. Rather, he is a three-term Mayor of San Carlos City, Negros Occidental and member of the Nationalist Peoples Coalition United Negros Alliance, a local chapter of NPC and Lakas-Kampi in Negros Occidental. 31. Lacson belongs to the Lacson clan in Negros, who are big landlords and politicians. He

and his family are neither marginalized financially, nor underrepresented politically. 32. Another nominee of KASANGGA for 2013 is Gwendolyn Pimentel, a former senatorial

candidate who ran under a major political party, Nationalista Party. Having ran and lost in an immediately previous election, she is not qualified to become a nominee of a party-list group for 2013. Moreover, Pimentel is neither marginalized nor underrepresented, for she belongs to an established political family. 33. Third nominee for 2013 elections is Rene U. Villa Jr. He has held high positions in the

past and present administrations. He was the former Secretary of the Department of Agrarian Reform. Presently, he heads the Local Water Utilities Administration. 34. Fourth nominee Jose Ciceron Lorenzo A. Haresco is the son of Defendant Haresco. Like

his father, Jose Ciceron is incorporator, stockholder and officer of his fathers corporations: (a) Winace Holdings Philippines Inc. He is the Director. He also holds P28 million of the entire stockholdings of said corporation.6 (b) Winserve Trading Inc.7 (c) Eco-Coral Corporation8 35. Echiverri.
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Fifth nominee Jan Christine Echiverri is the daughter of the Mayor of Caloocan, Enrico

Attached as ANNEX D is the General Information Sheet for the Year 2012 Attached as ANNEX E is the General Information Sheet for the Year 2011 Attached as ANNEX F is the General Information Sheet for the Year 2012

9 36. Recent news9 says that first nominee for 2013 elections Defendant Haresco will be

replaced with incumbent Aklan governor Carlito Marquez. This replacement will not benefit KASANGGA because Marquez does not belong to the marginalized and underrepresented sector which is required under the party-list system. 37. Marquez is three-term governor of Aklan, from 2004 to present. Clearly he is not

underrepresented. He can win in the regular elections. Neither is he marginalized nor a microentrepreneur. He is merely using the party-list system as a way to enter the halls of Congress. 38. For three consecutive national elections, KASANGGA continuously violate the provisions

of the party-list law, by failing to nominate persons who belong to the marginalized and underrepresented sectors. Its track record is not that of service and advocacy to the marginalized and underrepresented, but rather track record of violation of laws. Hence, its registration must be cancelled. 39. Worse, the recent developments further strengthen the claim that KASANGGA is not a

bona fide party-list for the poor and the oppressed, but rather one that accommodates politicians and a medium for the politicians to enter the backdoor of Congress through the party-list system. This activity is highly reprehensible and must be curtailed by this Honorable Commission.

KASANGGA is an adjunct of, or a project or an entity funded or assisted by, the government of then President Gloria Macapagal-Arroyo.
40. 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)
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Boy Ryan Zabal, No more showdown between Marquez and Maming September 22, 2012, http://aklanforum.blogspot.com/

10 41. Similarly, the Comelec Resolution No. 9366 prohibits entities funded or assisted by the

government from joining the party-list system Rule 2, Sec. 3. Removal and/or cancellation of registration; Grounds. The Commission may motu propio or upon a verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. Any party whose registration has been removed or cancelled shall not be allowed to participate in the party-list system or from being proclaimed if the evidence is strong. Rule 2, Sec 2. Grounds for opposition to a petition for registration. The Commission may deny due course to the petition motu propio or upon verified opposition of any interested party, after due notice and hearing, on any of the following grounds: xxx c. That it is an adjunct of, or a project or an entity funded or assisted by, the government. 42. KASANGGA was created and organized solely to benefit Gloria Macapagal-Arroyo

(GMA hereafter). 43. Initially, KASANGGA was named Kasangga ni Gloria or KD which group worked as a

campaign machinery of GMA. 44. In a document10, Defendant Haresco, named Founder and Chairman, issued a

Memorandum to KG District Organizers regarding the support of INC to PGMA. The Memorandum states: According to inside information, we were informed that Iglesia ni Cristo has printed sample ballot supporting PGMA. Please validate this in your districts. We still have to work hard to avoid chaos in the streets which the opposition wants to create in Metro Manila. Please make sure that theres a company of support through print media for PGMA. Well be sending you 5,000 each solely for purposes of communication. Remember our bonus of 100,000 per district if the return is 60% GMA vote of actual voters. Best regards. TEODORICO T. HARESCO 45. In another document11 entitled KASANGGA NI GLORIA Fact Sheet it was stated that

Kasangga ni Gloria (KG) is a non-stock, non profit civic organization working for the election of President Gloria Macapagal-Arroyo on May 10, 2004. It is composed of professionals, businessmen and
10 11

Attached as ANNEX G herein Attached as ANNEX H herein

11 multi-sectoral groups who strongly believe in the leadership qualities of PGMA. 46. Moreover, in a Press Release12 dated 22 April 2004 entitled Multi-sectoral support for

President Gloria snowballs (KG now a strong movement with increasing corps of advocates) Defendant Haresco is named therein as the Founder of KG. 47. In 2005 KASANGGA, now known as Kasangga at Gabay Foundation Inc. even made a

statement13 on GMAs apology regarding the Hello, Garci scandal. 48. In 2009 in an article by the Philippine Center for Investigative Journalism entitled

Arroyos run a horde of foundations, Kasangga and Gabay Foundation Inc/Kasangga sa Kaunlaran Inc. was listed as a foundation identified with the Arroyos and/or allies of the Arroyos. 49. The foregoing pieces of facts show that KASANGGA, defendant herein, and Kasangga ni

Gloria, and Kasangga and Gabay Foundation Inc./Kasangga sa Kaunlaran Inc. are one and the same. 50. These also show KASANGGAs history of being an organization that is an adjunct of,

funded and supported by, then President GMA. Clearly therefore, KASANGGAs registration as a partylist should be cancelled.

KASANGGAs projects are highly anomalous and irregular because it dealt with corporations which are owned by Haresco.
51. Haresco, other than the current representative of KASANGGA, is more famously known

for his involvement in the highly anomalous Presidents Bridge Program. This project, the brain child of Haresco and to which project he was highly influential as to the choice of suppliers, cost the Filipino taxpayer huge sums of money. 52. In December 2005, British newspaper The Guardian ran an article14 about a British firm

accused of making excessive profits in an aid project, by building what their critics call bridges to nowhere. The Guardian cited Haresco as the Philippine contact of the British firm. The article reads: A little-known family who became one of the richest in Britain have been accused of making excessive profits in an aid project, by building what their
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Attached as ANNEX I herein Attached as ANNEX J herein. Also available at http://dir.groups.yahoo.com/group/moonglowplanet/message/501, last sighted September 26, 2012 http://www.guardian.co.uk/politics/2005/dec/20/uk.freedomofinformation, last sighted September 26, 2012

12 critics call "bridges to nowhere". A Guardian investigation has discovered that steel bridges costing more than 400m have been sold to the Philippines by the Mabey family, all secured with UK government-backed loans and grants. But many of the crossings, which were supposed to open up the flood-prone jungle terrain, have no roads to go with them. The British construction company, Mabey & Johnson, owned by the Mabey family, has been handed virtually all the supply contracts for the bridges, despite being more expensive than its competitors. Accusations of corruption and overcharging are now being made in the Philippines. Mabey denies any impropriety, saying the allegations are made by rivals or are politically motivated. Four hours' drive north of Manila lies the hamlet of San Roque, where poor rice farmers spread their harvest on the ground to dry, and water buffalo are a common sight in the swampy fields. Here the new British-made, two-lane highway bridge has been thrown across an irrigation channel. But there is no highway. On one side is a narrow dirt track leading to the village road. On the far side there is nothing but a field. "You see, it's just a bridge to nowhere," says Ricky Ileto, who is on the staff of opposition senator "Ping" Lacson. Mr Lacson's aides have inspected more than 200 bridges, many in remote jungle districts, and allege they have found at least 44 which lead to dead ends, span dried-up streams, merely provide a pathway for water-buffalo, or are otherwise unsuitable. "We are squandering the foreign loan," says Mr Lacson, a former police chief who ran unsuccessfully against Gloria Arroyo in last year's presidential election. His team have complained to the Philippines ombudsman, a presidential appointee. On August 9, they also wrote to the British ambassador in Manila, Peter Beckingham, calling for the programme to be suspended because of the "indiscriminate installation" of bridges and "our country's worsening debt". But they never received a response. According to documents released to the Guardian under the Freedom of Information Act, the firm's chairman, David Mabey, visited the ambassador on August 18. The embassy commercial officer's note says: "The Mabey team were in no doubt that the allegations of graft ... brought by members of the opposition, were part of an ongoing campaign to discredit President Arroyo ... M&J were vigorous in their assurances that they have acted above board ... Neither the ambassador nor I have any reason to doubt Mabey's assurances ... It was up to the local authorities to construct approach roads." On August 30, David Mabey got the UK government's signature on a further 90m loan guarantee, to provide bridges and flyovers on credit. This was the sixth successive big contract M&J had been handed by the Philippine president's office - in each case without competitive bidding. The Guardian has established that Mabey is charging substantially more than its rivals. Its steel superstructures cost about 4,800 a metre, according to Philippines highways department internal figures. Records show an Austrian firm, Waagner-Biro, gained one small contract from the

13 Philippines highways department to supply comparable superstructures for only 3,138. A UK consortium, Balfour-Cleveland, is quoting 2,899. When Whitehall's export credits guarantee department signed off the latest Mabey loan, an official note to the trade minister Ian Pearson warned on September 8 that anti-corruption groups "will seek to argue that ECGD is acting irresponsibly ... and claim this demonstrates ECGD does not take bribery and corruption seriously". Susan Hawley, of the anti-corruption campaign group Corner House, said yesterday: "Given these allegations, it is extraordinary that ECGD have decided to give further support to Mabey & Johnson." The company denies all wrongdoing. In June David Mabey published a code of ethics, saying Mabey had "a policy not to offer, give or accept bribes". In a statement, Mabey & Johnson said: "We fully reject any suggestion of impropriety regarding our work in the Philippines." The company's bridges provided access to markets, goods and services to thousands living in poor rural communities. "Local political envy and sniping ... is very likely to have been the motive behind these allegations ... We have never said our bridges are the cheapest, but they do represent, we believe, the best value for money in terms of design, supply, delivery and speed of installation." Mabey & Johnson had no knowledge of any approaches for payments, it said. Analysis of M&J's accounts show that the Philippine contracts have returned an exceptionally high rate of profit and turned the Mabey family into Britain's 141st richest. They have the former Conservative trade minister John Redwood on their payroll as an investment adviser, and donate to the Conservative party. In Manila, the company is even better connected politically. Mabey would not name its agent, to whom it has passed millions of pounds in commission. However, he is a businessman, Teodorico Haresco, who is close to President Arroyo. Mr Haresco told the Guardian he had never "attempted to exert any improper influences". The president's bridge programme was rigorously evaluated at a variety of levels in government. 53. In 2010 blog entry15 of Defendant Haresco, he reported that KASANGGA signed

memoranda of agreement (MOA). The first MOA was with Albay Province and Eco-Coral Corporation for the purpose of environmental protection and conservation projects in the Albay Province. It must be emphasized that as discussed previously, Eco-Coral Corporation is owned by Haresco. 54. The second MOA was with Aklan Governor Carlito Marquez aiming to promote coral reef

management and rehabilitation of Geo-Marine Aqua Park in Aklan. Governor Marquez is rumored to

15

Print out of said blog entry is attached herein as ANNEX K. Article also available at http://tedharesco.wordpress.com/2010/03/15/ang-kasangga-inks-4-deals-for-micro-entrepreneurs/, last sighted September 26, 2012

14 replace Haresco as the first nominee of KASANGGA for the 2013 elections. 55. The third MOA was for the salary loan program of KASANGGA members and

employees, signed by Winace Holdings another corporation owned by Haresco. 56. The fourth MOA was for KASANGGA members to have an opportunity to create

additional source of living. This was signed with Winsource Solutions, Inc., another corporation owned by Haresco. 57. These transactions are highly irregular and anomalous. KASANGGA and Haresco are

siphoning taxpayers money for their own personal gains.

II. THE CERTIFICATE OF NOMINATION OF THE NOMINEES OF ANG KASANGGA PARTY-LIST, PARTICULARLY THAT OF TEODORICO T. HARESCO, SHOULD BE DENIED DUE COURSE AND / OR CANCELLED.
58. Complainant hereby adopt the discussions above regarding the fact that Defendant

Haresco cannot be considered as marginalized and underrepresented and therefore, his certificate of nomination should not be given due course, or if ever that it was already given due course, should be CANCELLED outright.

P RAY E R

WHEREFORE, premises considered, Complainant respectfully prays for: A. The immediate removal and/or cancellation of ANG KASANGGA Party-lists registration; B. The denial of due course and/or cancellation of the certificate of nomination of TEODORICO T. HARESCO; and

15 C. That upon the removal and cancelation of ANG KASANGGA PARTY-LIST under the party-list system of representation, all its nominees be disqualified by operation of law for having no partylist to represent in the House of Representatives.

Complainant further prays for such other reliefs as are just and equitable in the premises.

Respectfully submitted. Quezon City for Manila; 26 September 2012.

FR. JOE DIZON Erythrina Building, Maaralin corner Matatag Streets Central District, Quezon City Copy Furnished: Registered mail ANG KASANGGA PARTY-LIST 46A Kamias Road, Quezon City TEODORICO T. HARESCO Room 612, House of Representatives, Batasan Hills, Quezon City

EXPLANATION OF SERVICE OF PETITION THROUGH REGISTERED MAIL The service of copies of the foregoing Complaint has been made through registered mail due to distance and lack of available personnel to personally serve the same.

FR. JOE DIZON

16 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, FR. JOE DIZON, of legal age, Filipino, after having been duly sworn to depose and say: 1. I am the Complainant in the above-entitled case. 2. I have caused the preparation and filing of this Complaint. 3. All the allegations contained therein are true and correct of my own knowledge and as per authentic records. 4. I certify that we have not commenced any other action or proceeding involving the issues raised in the Complaint, in the Supreme Court, the Court of Appeals or different divisions thereof or any tribunal or agency. To the best of my knowledge, no such action or proceedings is pending in the Supreme Court, the Court of Appeals, or any division thereof or any other tribunal or agency. 5. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or different divisions thereof or any other tribunal or agency, I undertake to report the fact within five (5) days therefrom to this Honorable Office and shall cause the dismissal of said action or proceeding. IN WITNESS HEREOF, I have hereunto set my hand this 26th day of September 2012 in Quezon City.

FR. JOE DIZON


Affiant

SUBSCRIBED AND SWORN to before me, in Quezon City, this __ day of August 2012 the affiant exhibiting his valid ID: NOTARY PUBLIC Doc.No. ____; Page No. ____; Book No. ____; Series of 2012.

17 AFFIDAVIT OF SERVICE

I, FR. JOE DIZON, after having been sworn to in accordance with law, hereby depose and say that : 1. On 26 September 2012, I served a copy of the foregoing Complaint by registered Mail in accordance with Section 3 and 5 in relation to Section 10 of Rule 13 of the Rules of Court due to lack of messengerial services. 2. I served said Complaint by depositing a copy in the post office in a sealed envelope, plainly addressed to the parties, with postage fully prepaid, as evidenced by the attached Registry Receipt with Registry Receipt Numbers appearing opposite their respective names: a. b. ANG KASANGGAP ARTY-LIST 46A Kamias Road Quezon City TEODORICO T. HARESCO Room 612 House of Representatives Quezon City

AFFIANT FURTHER SAYETH NAUGHT. FR. JOE DIZON Affiant SUBSCRIBED AND SWORN to before me this __th day of September 2012 with affiant exhibiting to me his ID No: ________________________________ as competent evidence of his identity. Doc No. Page No. Book No. Series of 2012. ; ; ;

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