Professional Documents
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Quo Warranto Petition Vs Palparan
Quo Warranto Petition Vs Palparan
Ang Bagong Bayani – OFW Labor Party vs. Ang Bagong Bayani – OFW Labor Party Go! Go!
1
Philippines, et al., G.R. No. 147589, 26 June 2001.
THE PARTIES
CAUSES OF ACTION
4
4. In several news reports, respondent Jovito Palparan has
been quoted as saying that his Bantay Party-List
purportedly represents victims of communist rebels,
Civilian Armed Forces Geographical Units (CAFGUs), former
rebels and security guards.
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10. Verily, the Honorable Supreme Court could not be clearer
as to the qualification of a party-list nominee, that is,
he/she must belong to the marginalized and
underrepresented sector he/she claims to represent.
7
Participants” enunciated by the Honorable Supreme
Court in the Bagong Bayani case, to wit:
9
20. Contrary to this, respondent Jovito Palparan is publicly
known to have nothing but sheer contempt for the
organizations of the marginalized and underrepresented,
and for progressive individuals, which he has publicly
declared must be stopped in their advocacies at any cost.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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22.Indeed, allowing respondent Jovito Palparan’s nomination
as a representative of Bantay is tantamount to the
“bastardization” of the party-list system.
II
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A great many of them are known to live in luxury and
comfort in exclusive villages and subdivisions.
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27. Respondent Jovito Palparan himself was reported to have
been offered various positions in government immediately
after his retirement from military service, but the public
uproar over his then impending appointment in
government office made the would-be appointing power
back out. However, as the furor died down, the appointing
power surreptitiously appointed respondent Jovito Palparan
as Director of Freeport Services Corp., a company of the
state-owned Subic Bay Metropolitan Authority.
28. We thus pose this question, “How can men and women of
power truly represent the powerless?” Indeed, how can one
who belongs to that privileged class of military officers that
has long taken political and economic power in Philippine
society represent the marginalized and underrepresented
sector?
29. Allowing retired military generals, and their police
counterparts, therefore to become nominees and
representative of party-list organizations would desecrate
the hallowed intent of the party-list provision of the
Constitution and violate the ruling of the Supreme Court in
the case of Bagong Bayani that the party list system is
reserved for the marginalized and underrepresented.
13
“The intent of the Constitution is clear: to give
genuine power to the people, not only by giving
more law to those who have less in life, but more
so by enabling them to become veritable
lawmakers themselves. Consistent with this intent,
the policy of the implementing law, we repeat, is
likewise clear: “to enable Filipino citizens
belonging to marginalized and
underrepresented sectors, organizations and
parties, x x x, to become members of the
House of Representatives.” Where the
language of the law is clear, it must be applied
according to its express terms.
31. This being the case, military generals, and their police
counterparts, certainly cannot represent the marginalized
and underrepresented because they do not belong to the
these sectors of Philippine society, but as pointed earlier,
they wield enormous political and economic powers in
Philippine society while in military service and even after
their retirement.
PRAYER
Petitioner Petitioner
Copy furnished:
GEN. JOVITO PALPARAN (Ret.)
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ANNEX “A”
Last update: April 23 2009, 11:56 PM
INQUIRER HEADLINES NATION
Palparan fitness for Congress questioned
Tonette Orejas / Central Luzon Desk
April 23, 2009
MANILA, Philippines—The most prominent “leftist” in the House of Representatives would rather
not be a seatmate of the “butcher.”
If he had his way, Bayan Muna partylist Rep. Satur Ocampo would not even let retired Army Maj.
Gen. Jovito Palparan Jr. take his seat.
Ocampo, a House minority leader, is readying legal actions to stop Palparan from assuming a
seat in the House as representative of the partylist group Bantay.
Militants have taken to calling Palparan a “berdugo (butcher)” for the strings of alleged
extrajudicial killings and other forms of human rights violations in Luzon and the Visayas where
he was assigned until he retired in September 2006.
It’s possible that Ocampo and Palparan would be sitting next to each other because seats are
alphabetically arranged in the House.
Despite the outcry from the Left, Palparan said he still preferred serving in the House to accepting
his appointment as director of Freeport Services Corp., a company of the stateowned Subic Bay
Metropolitan Authority.
“Of course, Congress,” Palparan said when asked what his choice was. “That has the people’s
mandate. Bantay was voted to Congress.”
Bantay has “every right” to sit in Congress because it “represents marginalized sectors engaged
in security and peace and order concerns,” he said.
“I have no fear of him. We (members of the socalled leftist bloc in Congress) sat side by side
with the Marcoses. But I don’t want to imagine myself sitting beside him,” Ocampo said in a
phone interview on Wednesday, a day after the Supreme Court increased the numbers of party
list representatives to 55.
But having Ocampo as a seatmate and colleague in the House is “OK” with Palparan.
“I’m not picky with people. If my enemies reform, I shall love them more,” he said.
Ocampo said he and his colleagues in Bayan Muna, Anakpawis and Gabriela would question
Palparan’s qualifications.
Ocampo has been Bayan Muna representative in the House since 2001. He is serving his last
threeyear term.
“What are they afraid of? These militants should be afraid of what they are doing. They’re
engaged in violence,” Palparan said in a phone interview.
Constituents
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Palparan said his sector includes “victims of communist rebels, Civilian Armed Forces
Geographical Units (CAFGUs), former rebels, security guards and others of similar occupations.”
Asked about laws he would sponsor, the retired general said: “I would focus on the welfare and
protection of those sectors, and improve their livelihood. The CAFGUs, for instance, live only on
small allowance and they have no benefits but their work is risky.”
Palparan said he also planned to continue organizing a “counterinsurgency civilian force”
throughout the country.
“There are such people. They are only working silently. If given the opportunities and capabilities
this time, I would push for that. I have been organizing people to resist communist rebels,” he
said.
On his human rights record, he said: “Nobody has proven I committed anything bad. Their
apprehension is really within their minds. I can’t provide an answer to those apprehensions.”
“My entry in Congress will provide the answer [if their apprehensions have bases],” he added.
Security firm, dog
Asked if he would divest his interest in the company 24Hour Security, which figured in two
mining disputes in the provinces of Bulacan and Zambales last year, Palparan denied owning the
firm.
Palparan expressed the hope that he can take along his dog Cloud, a Maltese, when reporting for
office in the House.
“If it’s not prohibited, I would take her along. Cloud always tags along with me,” he said.
Not marginalized
In Baguio City, the Cordillera Peoples Alliance (CPA) said Palparan and his partylist group had
no clear representation of marginalized sector.
Beverly Longid, CPA chair, said Palparan’s motive in forming Bantay was “not meant to represent
the poor and marginalized sectors of society but to commit more human rights abuses against
activists and leftleaning partylist groups.”
She said there should be a review of the antihuman rights programs of Bantay so Palparan’s
representation could be opposed.
The Supreme Court disqualified in 2001 major political parties from participating in the partylist
system because they did not represent marginalized and underrepresented sectors.
Man of power
“Palparan is not marginalized. He’s a man of power. He still exercises political influence,”
Ocampo said.
Another reason Palparan should not be allowed to join Congress was the Supreme Court
affirmation in 2008 of the Court of Appeals ruling that the retired general was “directly involved” in
the abduction of farmerbrothers Raymond and Reynaldo Manalo in Bulacan on suspicion of
being communist rebels, according to Ocampo. Palparan also drew fire from the Bagong
Alyansang Makabayan (Bayan).
Palace support
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“Palparan is gloating over the fact that he gets to sit in Congress and terrorize the public anew.
He owes his latest position to the support given by Malacañang and the AFP (military) for his
congressional bid in 2007. Can there be any question as to where his loyalties lie now?” Bayan
secretary general Renato Reyes said.
Executive Secretary Eduardo Ermita expressed support for Palparan, saying he could help the
House draft bills because of his long experience in counterinsurgency.
“He’ll be able to contribute a lot especially on possible laws on how to address our insurgency
problem, including secessionist movement, and other activities that have something to do with
breach of the law, security and peace and order,” Ermita said.
Wrong signal
The human rights group Karapatan, however, said Palparan could use the House as a venue for
his antiinsurgency campaign.
Palparan as a sectoral representative “sends a wrong signal to perpetrators that they can
continue committing human rights violations with impunity,” said Karapatan secretary general
Marie HilaoEnriquez in the statement. With reports from TJ Burgonio and Nikko Dizon in
Manila; Desiree Caluza, Inquirer Northern Luzon ©2009 www.inquirer.net all rights reserved
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ANNEX “B”
Villagers want TRO on mining firm lifted
Wednesday, August 20, 2008
http://www.manilatimes.net/national/2008/aug/20/yehey/prov/20080820pro2.html
DOÑA REMEDIOS TRINIDAD, Bulacan: Residents of Barangay Camachin, Doña Remedios Trinidad,
Bulacan are calling on Environment Secretary Lito Atienza to lift the suspension order issued by the
regional office preventing the legit operation of Ore Asia Mining and Development Corporation (OAMD)
causing some 7,000 families jobless.
Barangay Chairman Roberto Sembrano said Judge Rodolfo de Guzman of the Municipal Trial CourtDoña
Remedios Trinidad had already issued a mandatory injunction and temporary restraining order for OAMD
to reassume the mining operations from the Oro Development Corporation II allegedly financed by a
certain Go Kong Ket alias “Willy Keng” and being guarded by a security agency owned by Retired General
Jovito Palparan.
Immediately after the said court order, Palparan directed his guards from the 24hour Security Agency to
withdraw from area.
Despite the court order favoring OAMD, its mining operations remain paralyzed as a result of the
suspension order of Region 3Mines Geoscience Bureau Director Anselmo Abungan.
“Kung patuloy pa nilang sususpendehin ang operasyon ng minahan ay para na nilang pinatay sa gutom ang
mga residente, labag ito sa 10 pointagenda ni Pangulong Gloria Arroyo sa pamamagitan ng kanyang job
creation program dahil marami ang maaring makinabang sa pamumulot ng bato”. Sembrano said.
Recently, the affected families held a peaceful rally in front of the DENR building asking Atienza to lift the
suspension order so that they can return to work. But their pleas went to naught.
Palparan admitted that he ordered his men to withdraw from the premises because he could no longer bear
with the way Keng treated the situation.
In a press conference, Palparan said that he turned down Keng’s orders to burn the mining equipments
saying “hindi na ito makatao at labag sa aking konsensya,”
At the same time, Palparan warned mining financiers and DENR officials to be extra careful on Keng to
avoid being used for his personal interest.
Jefferson Antiporda
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ANNEX “C”
Palparan says Army general cleared soldiers who
stormed mining firm
http://www.malaya.com.ph/may03/metro4.htm
RETIRED Army Maj. Gen. Jovito Palparan yesterday said the deployment of 14 Army
soldiers involved in the "takeover" of the Consolidated Mines Inc. compound in
Masinloc, Zambales last April 29 was approved by 7th Infantry Division chief Brig.
Gen. Ralph Villanueva, commander of the Army in Central Luzon.
He said Villanueva cleared the deployment at the request of Faith Investment House
(FIH) which bought the mining firm CMI. He said this was according to FHI and the
PNP Criminal Investigation and Detection Group.
Palparan said his security agency, 24-Hour Security Provider, had been hired by FIH
to consolidate its property and that he only issued orders to his security guards and
not to the soldiers. He said the soldiers were backups who were supposed to serve as
blocking force outside the CMI compound while the CIDG flushed out the armed men
inside who were "identified with a businessman with dealings with CMI or Zambales
governor Amor Deloso."
He said the soldiers only entered the compound because they were open targets
where they were.
Palparan said Deloso’s group later arrived and took custody of at least 10 armed men
the CIDG had arrested. He said the governor asked his security guards to leave the
compound but he refused. Later, he said two teams from the police and the Army
assaulted the compound with clearance from Villanueva.
Reports later quoted Villanueva as saying that the 7th ID was deceived into deploying
soldiers to accompany the group of Palparan in taking over the mining firm. The AFP
last Wednesday ordered the soldiers involved in the assault restricted and
investigated but admitted it no longer has jurisdiction over the retired Palparan.
Palparan said there is nothing irregular with soldiers acting as backup. He said he is
willing to give a statement to Army investigators. "I did not commit any wrongdoing.
But I think Gen. Villanueva, Col. (Philip) Lapinid (the battalion commander) and the
provincial director (of the PNP) and the governor must be investigated also."
He said he feels the initial entry of the soldiers in the compound was legitimate but
he wants their actions inside the compound investigated since what they assaulted
was private property. – Victor Reyes
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ANNEX “D”
http://www.gmanews.tv/story/31867/JovitoSPalparanJr
Jovito S. Palparan, Jr.
02/23/2007 | 06:28 PM
PERSONAL INFORMATION
• Birthdate: September 11, 1950
• Birthplace: Cagayan de Oro City
• Wife: Ma. Evangelina Gamad Flores Palparan, dentist
• Children: Macy, JC, Martin, Bullet, Claude
ISSUES
• Alleged human rights violator. The International Peasant Solidarity Mission
found that there are "clear indications of military involvement" in the cases of
human rights violations in Central Luzon and Southern Tagalog. The group's
report noted that the military seems to have become more brazen (in committing
the human rights violations) under the command of MGen. Jovito Palparan, Jr..
Malacañang came to Palparan's defense, saying that the international group's
report linking the military to political killings is preposterous. In a press
conference, Executive Secretary Eduardo Ermita praised Palparan as an effective
component in the government's antiinsurgency campaign.
• Campaign against communist insurgency. In his brief stint as 8th Infantry
Division commander, Gen. Palparan was credited for reducing the insurgency
problem in Samar by 80 percent. Palparan however said he could have terminated
insurgency in the province had he been given a twomonth extension to
implement his "clearing operation".
In April 2006, Palparan gave a fivemonth deadline to wipe out the communist
insurgency in Central Luzon his area of responsibility as 7th Infantry Division
commander.The deadline coincides with his 56th birthday and date of retirement
from the AFP.
• In Malacañang's good graces. President Arroyo promoted Palparan twice: from
colonel to brigadier general (2003); and from brigadier general to major general
after serving as commander of the Philippine contingent in Iraq (2004). His
promotion to major general came within months of his previous promotion.
In her 2006 State of the Nation Address, President Arroyo acknowledged
Palparan for his offensives against rebel terrorists. In the same breath she also said
that she condemns political killings.
EDUCATION
• Masters in National Security Administration, National Defense College of the
Philippines (1999)
• Masters in Management, Philippine Christian University
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• Joint Services and Staff Course, Canberra, Australia
• Command and General Staff Course, Fort Bonifacio, Metro Manila (with honors)
• Infantry Officers Advanced Course, US Infantry School, Columbus, Georgia,
USA
• Field Officers Tactics III, Land Warfare Center, Canungra, Australia (excellent
rating)
• BS Business Administration, University of the East
• Cathedral High School, Cagayan de Oro City
CAREER
• Commanding General, 7th Infantry (Kaugnay) Division, Philippine Army
(September 21, 2005September 11, 2006)
• Commanding General, 8th Infantry Division, Catbalogan, Samar (2005)
• Chief of Staff, Philippine Army
• commander, Philippine Humanitarian Contingent in Iraq
• brigade commander,
204th Brigade, Mindoro and Romblon
• commander, Task Force Banahaw, CALABARZON
• Commanding Officer, Doctrine Center
• commander, AFP Rapid Deployment Force
• commander, 24th Infantry Battalion for 5 years
• lieutenant, served in Basilan and Sulu for eight years
• commissioned, called to active duty to the AFP in 1973
ACHIEVEMENTS
(as claimed in his official biodata)
• As company grade officer, his unit defeated the most notorious group of Moro
National Liberation Front in Paticul, Sulu; this led to the surrender of rebel Hakim
Sale a.k.a. Snake and 60 fullyarmed fighters
• As commander of the 24th Infantry Battalion, his unit was instrumental in
o clearing eight provinces in Central Luzon and Cordillera of insurgents;
o preventing the launching of coup d' etat between 1987 and 1989
o elimination/liquidation of the New People's Army / ABB in NCR, also
between 1987 and 1989
AWARDS
• Distinguished Service Stars
o Palparan received a distinguished service star in March 2006 for his
service as commander of the 8th Infantry Division the award was given
amid persistent allegations from militant groups that he is a human rights
violator.
• Gold Cross Medal
• Gawad sa Kaunlaran Medal
• Bronze Cross Medals
• Wounded Personnel Medals
o Palparan was wounded early on in his military career, during an encounter
with the Moro National Liberation Front.
• Military Merit Medals
• Campaign Medals
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Sources: Official Biodata, Office of the President website, GMA News, Sunday Inquirer
Magazine, Newsbreak, INQ7, Arkibongbayan.org
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