The ProPinoy Project » Mikey Arroyo

Nothing New

Doy Santos aka The Cusp — Mon, 27 Jun 2011 07:44:06 +0000

Strange but true, the cat calls made by Mrs Arroyo and her allies have goaded the P-Noy administration to return fire.

Over the weekend, as the country suffered from the effects of yet another powerful cyclone, there was a different kind of disturbance inserted into twitterverse with Congresswoman Mitos Magsaysay and Deputy Presidential Spokesperson Abigail Valte quareling over the economic legacy of Mrs Arroyo.

The tempest in a teacup was over whether P-Noy was up to the task of maintaining the momentum. Today, the Cabinet’s chief ideologue, Budget Sec Butch Abad joined the fray. From the government’s official gazette, Abad was quoted as saying

It is amusing at the same time galling for Congresswoman Gloria Macapagal-Arroyo to lecture President Noynoy Aquino about building on the gains of her government. The first question that comes to mind is what gains? The people’s gains, or her gains? …Prudent expenditure took a back seat to political survival and political patronage during the previous administration.

It is worth noting that whenever the opposition bring up Mrs Arroyo’s glowing economic credentials, the administration can only point to the waste and alleged corruption in her government as a counterargument.

The irony is that contrary to their claim that good governance leads to growth, the administration in its first year has proven that actually cleaning up government can have the unintended consequence of lowering growth. The silver lining in all of this is that as Presidential Spokesman Edwin Lacierda claims the administration has completed its housecleaning, spending and growth can resume their normal pace.

Sensitive for a reason

In its second year, having made good on its promise to clean up processes for procurement, the government is now prepared to make good on its promise to bring about better economic outcomes. It is hoping to do this with an 8-12% boost to its budget in 2012 (after a nominal growth of 2% last year) and a re-alignment of physical infrastructure spending to social spending for the remainder of 2011 (having missed the chance to spend on the former during the dry season).

At this point, the administration seems vulnerable on two fronts, the first being that it has not delivered on its clean government completely having fallen victim to potential charges of cronyism, the so called KKK (kaibigan, kaklase, kabarilan). The second one has to do with the less than stellar employment and growth figures in its first year.

The real subtext of the opposition’s attack is that P-Noy’s government has been inept at delivering both good governance AND growth. With stiff economic headwinds from a souring world economy over the next twelve months resulting from austerity measures in Europe and the US, the government’s growth target of 5-6% may be difficult to attain given the weak first half of the year.

Key to the attainment of the government’s growth projections will be its ability to attract foreign direct investments as fund managers look to emerging markets to offset the bleak outlook in the West. The problem is that during the first three quarters of his presidency, investments from abroad have sunk. While the slack may have been made up for by domestic investors, the same cannot be expected to hold true in the future after domestic pent-up demand for new plant and equipment runs out.

Should the public private partnerships fail to gain traction in a timely fashion, it could spell the end for investment prospects in the latter part of the year. Having staked all its eggs in the PPP basket, the big risk is that the absence of an alternative economic strategy or Plan B could lead to a loss of public support for this government. Having refused to look at new taxes, the government’s revenues and spending capacity are totally dependent on the economy growing as expected.

Binary Choices

From psychology we have learnt that the mind can only distinguish things in contrast to others. That is why we can relate to stories that use binary opposites (good versus evil, light versus darkness). Our eyes are not trained to see a black strand when it is set against a black canvass. We need to see things in black and white.

The same goes for the narrative of this government. Its legitimacy came from distinguishing itself from the previous administration in terms of honesty and integrity. Its continuing popularity is based on its ability to make that contrast.

When it was in opposition, it claimed that Arroyo’s economic record was tarnished because it was not able to translate economic growth to the welfare of its citizens. It claimed it alone could do that through a good government agenda. Now that it is in government, it is finding that its own economic management is being called into question.

The nationalist legislator Teddy Casino, an ally of the president has stated that the main reason why the economic performance of the Aquino administration does not differ from the Arroyo regime is not because it has failed to address good governance, but because it has failed to set a different economic agenda. He may not be too far off the mark.

In the end, the tendency of governments to turn to patronage as a form of political survival is not due to their failure to bring about good governance, but because of their failure to make economic growth felt by the broader community. For this reason, the charge that P-Noy is doing nothing new, may be the most damaging of all.

Rising fortunes, falling taxes

Con Yap — Wed, 13 Apr 2011 05:56:44 +0000

THEY ARE EQUATIONS that are simple enough for anyone to follow: Anyone who acquires more properties and assets – net of liabilities – should have earned much more to be able to cover these investments.

Anyone who incurs huge loans should have been creditworthy to be trusted as capable of paying up.

Anyone who sells any properties should have earned from the deal, and paid the taxes due on such sale.

Anyone who receives a donation or inheritance has grown more in wealth, and both donor and donee, as well as the source of bequest, should have paid donor’s or estate taxes.

BIR files tax evasion case against Mikey Arroyo, and Wife

Cocoy — Thu, 07 Apr 2011 03:48:09 +0000

ANCAlerts tweeted that the BIR has filed tax evasion charges against Congressman Mikey Arroyo and his wife, Angela. According to @PeraNgBayan, the Arroyos are being asked to pay PHP 73.85 million, inclusive of surcharges and interests. BIR Chief Henares said, “we file cases based on evidence.”

January 1, 1970 8:00 am viaReply RetweetFavorite

if new arroyo assets were donations, shld have been so declared and taxes paid. if acquired, arroyos should report source of funds, BIR says

April 7, 2011 11:59 am via webReply RetweetFavorite

@PCIJdotOrg

PCIJ

January 1, 1970 8:00 am viaReply RetweetFavorite

More as the story develops.

Arroyo eschews use of gov’t vehicles on stump

Karen Ang — Mon, 03 May 2010 16:36:18 +0000

Arroyo eschews use of gov’t vehicles on stump
By Tonette Orejas
Central Luzon Desk

GUAGUA, PAMPANGA—No government-owned vehicle was seen in the two-hour motorcade of President Gloria Macapagal-Arroyo here on Saturday when she campaigned for the second district seat of Pampanga in Congress.

Still, 14 members of the Presidential Security Group (PSG) and eight policemen secured the President throughout the route starting from Barangay Pulong Masle in this town to her house beside St. Augustine Church in Lubao.

In the convoy of 15 vehicles, only two patrol cars of the Philippine National Police sported government plates. The PSG men and women, mostly clad in civilian clothes, rode in four private cars. Four bodyguards accompanied Ms Arroyo on the showboat.

In Barangay San Antonio here, where a larger and more eager crowd gathered by the roadside, three PSG men walked by Ms Arroyo’s vehicle to check well-wishers and shield her from rowdy supporters. Wearing a dark blue, long-sleeved shirt, she shook hands with local residents, waved and smiled.

In contrast, her opponents—independent candidates Filipinas Sampang and Feliciano Serrano and Liberal Party’s Adonis Simpao—campaigned in the same district without bodyguards.

Later that day, Ms Arroyo visited the farming village of Pulong Masle. Elderly women welcomed her with kisses when she arrived at 4:30 p.m.

An hour before that, the mobile sound system of Ang Galing Party (AGP), a party-list group representing security guards, blared her campaign songs.

The first ditty was based on Laura Branigan’s monster hit, “Gloria.” Apparently, those who composed the jingle did not realize that the 1980s hit was about a woman “always on the run” and described as “headed for a breakdown” in the pursuit of her lover.

True Kapampangan

The second tune took the beat of the old Kapampangan song, “Atin Ku Pung Singsing (I once had a ring).”

In both jingles, Ms Arroyo, the candidate, was described as intelligent and strong, a true Kapampangan and daughter of the late President Diosdado Macapagal.

AGP nominee, outgoing Lubao Mayor Dennis Pineda, joined Ms Arroyo on the showboat owned by gubernatorial candidate Lilia Pineda. Dennis is the son of Lilia Pineda.

Last week it was outgoing Pampanga Rep. Juan Miguel “Mikey” Arroyo, also an AGP nominee, who campaigned with his mother.

Vote for Among Panlilio

Meanwhile, reelectionist Pampanga Gov. Eddie Panlilio urged Kapampangan voters not to support the “Liliarroyo” tandem in Pampanga, referring to President Arroyo and Lilia Pineda.

“They are very close to each other. I feel they share a lot of controversies. [I would like to stop their team] because I am against patronage politics,” Panlilio said.

Yesterday, more than 1,000 Panlilio supporters joined a motorcade in the province’s second district, the bailiwick of Ms Arroyo and Pineda.

Along the streets, people braved the heat and shouted “Among” which is a term of respect for priests and flashed the “Laban” (fight) sign as Panlilio’s convoy passed by.

When the motorcade reached Lubao town, a mobile sound system on one of the campaign vehicles blared this message: “Don’t sell your votes because they are sacred.”

Administration lawmaker defends party-list group

Karen Ang — Fri, 30 Apr 2010 09:45:13 +0000

Administration lawmaker defends party-list group
By Delon Porcalla
The Philippine Star

MANILA, Philippines – A veteran administration lawmaker scored The STAR yesterday for labeling his party-list group as among those with “questionable goals.”

“This is already below the belt. This is even very selective. And it was not even arranged in alphabetical manner,” Alagad party-list Rep. Rodante Marcoleta complained to The STAR executives.

He was referring to the “Know your party-list” item that appeared in the daily’s front page yesterday. The item is a partial checklist of party-list groups aiming for House seats in the coming polls. The STAR aims to update the list daily, depending on records the groups submit to the Commission on Elections.

Groups tagged by civil society group Kontra Daya as having “questionable goals” are marked with asterisks in The STAR checklist.

“Why is The STAR allowing itself to be used by Kontra Daya which is a very dubious organization?” Marcoleta asked. “These kinds of groups have suddenly sprouted and we don’t even know who they are and who they are representing. They should come out,” he said.

“How can my goals be questionable? What’s questionable about my goals? Well, they will all be disappointed because I will be re-elected,” the two-term congressman, who is seeking re-election in the May 10 polls, said.

Marcoleta was the congressman who endorsed in 2005 the alleged bogus impeachment complaint of Marcos loyalist Oliver Lozano against President Arroyo, which prevented the filing of a stronger and more legitimate complaint. He has since denied this, however.

Last February, before the campaign season started, Marcoleta complained that Comelec had been showing its bias toward militant or left-leaning party-list organizations.

Marcoleta of Alagad, who represents the Iglesia ni Cristo bloc in the House, said even Comelec sample ballots – such as one posted on its website – included the names of leftist party-list groups like the Anakpawis.

“I’m asking why? Not once, not twice, not thrice, but four times. Is this not bias towards a particular group?” he stressed. He disclosed that this sample ballot can be seen in the Comelec’s website, which only gives other groups undue advantage over the rest of them.

Marcoleta also observed that the presidential candidates in the sample ballots are all members of the Aquino clan – Benigno Aquino Sr., Benigno Aquino Jr. and Corazon Aquino.

“Is this not obvious bias in favor of one candidate? And this can be seen everytime, or whenever people open the Comelec website,” the administration lawmaker pointed out. Liberal Party standard-bearer Sen. Benigno Aquino III has been a consistent survey topnotcher.

Resign

As many of the country’s 190 party-list groups scrounge for nominees, Rep. Teodoro Casiño of Bayan Muna said government officials who are party-list nominees have to resign or face disqualification, as stipulated in a recent Supreme Court ruling.

An ABS-CBN-Newsbreak report showed that there are at least 25 bureaucrats, aside from elective officials, who want to enter Congress through the backdoor – or through the party-list system.

Casiño also urged the Comelec to immediately disqualify nominees who are not fit to represent the groups they want to speak for in the legislature.

Bayan Muna and Akbayan have filed separate disqualification cases against presidential son and Pampanga Rep. Juan Miguel Arroyo, the first nominee of a party-list group called Ang Galing Pinoy (AGP), which is supposedly composed of security guards and tricycle drivers.

The Comelec has required Arroyo and other nominees to submit speeches or articles proving their advocacies for the groups they want to represent.

But according to Akbayan, Arroyo has failed to comply with the Comelec requirement.

Akbayan said it is not aware of any speech or article President Arroyo’s son has made to advance the welfare of security guards and tricycle drivers.

Other groups are seeking the disqualification of former Energy secretary Angelo Reyes, first nominee of the group 1-Utak (United Transport Koalisyon).

Meanwhile, Chief Presidential Legal Counsel Raoul Victorino clarified yesterday that he has withdrawn his nomination from a party-list group immediately after his appointment to the Palace “out of delicadeza.”

“The records in the Comelec will bear me out,” Victorino told The STAR. “I don’t want any misimpression to be created by this (Newsbreak) report,” he said.

Victorino said his name was included among the nominees of the party-list “Ama” when he was still “jobless” after his retirement as associate justice of the Sandiganbayan. – With Paolo Romero and Jess Diaz

'Poll watchers getting advance pay in GMA district'

Karen Ang — Tue, 27 Apr 2010 10:03:52 +0000

‘Poll watchers getting advance pay in GMA district’
By Ding Cervantes
The Philippine Star

LUBAO, Pampanga , Philippines - Liberal Party (LP) re-electionist Gov. Eddie Panlilio urged yesterday the Commission on Elections (Comelec) to investigate reports that his gubernatorial rival has been paying advance salaries ranging from P1,500 to P4,000 monthly to people who will act as poll watchers in the second district of Pampanga, where President Arroyo is the official congressional candidate of Lakas-Kampi-CMD.

“I urge the Comelec in Pampanga and Central Luzon to check out reports that my fellow gubernatorial candidate, Mrs. Lilia Pineda, and her campaigners at the Lakas-Kampi-CMD are doing a massive recruitment of poll watchers beyond what is allowed by election laws,” the Pampanga governor said in a statement yesterday.

Panlilio said that a “first batch of poll watchers have been designated as barangay coordinators” and have been required by the Pineda camp to recruit 10 poll watchers each.

“Election laws allow two poll watchers per party in every clustered precinct to work on alternate duty. When the precinct is small, the BEI can ask the poll watchers to leave. Only a representative of the Parish Pastoral Council for Responsible Voting will be allowed,” he noted.

Panlilio cited reports that barangay coordinators are already being paid P4,000 monthly while the recruited poll watchers were promised P1,500 per month.

“They are being given identification cards so they can regularly collect their allowance. This could be a form of vote buying. I pray that the Comelec check into this to be able to protect the sanctity of the election,” he said.

Mrs. Pineda and her campaign manager Rosve Henson did not respond to phone calls and text messages.

Mrs. Pineda, wife of Rodolfo “Bong” Pineda who was tagged as a big-time gambling lord during the Senate impeachment trial of former President Joseph Estrada, is a close friend of Mrs. Arroyo.

A cabal in Pampanga

More family members of the President and Mrs. Pineda are running in the May 10 elections.

President Arroyo’s rival in the second district, LP congressional candidate Adonis Simpao, noted that Mrs. Pineda’s son, outgoing Lubao Mayor Dennis Pineda, is the congressional nominee of the Ang Galing Pinoy party-list, together with presidential son Rep. Mikey Arroyo and outgoing Bacolor Mayor Buddy Dungca.

Simpao added that Mrs. Pineda’s youngest daughter, Mylene, is also running unopposed as administration candidate for mayor in Lubao where the President is a registered voter.

In Sta. Rita town, Dennis’ wife Yolanda is seeking re-election, also under the administration party. Only independent candidate Arthur Salalila, a former mayor and Sangguniang Panlalawigan member, is challenging her.

Lubao and Sta. Rita are within the second district where the President is running for Congress.

Simpao likened the looming Pineda dynasty in Pampanga to the buildup of the Ampatuan clan in Maguindanao.

The rise of the Pinedas’ political stock, according to him, was based on political patronage.

He added that the President’s support for the Pinedas was also reflected in the electoral case Mrs. Pineda filed against Panlilio.

Only recently, the Comelec’s Second Division ordered the ouster of Panlilio in favor of Mrs. Pineda after a recount of votes cast for governor in 2007 purportedly revealed the latter as the real winner.

The poll body has yet to decide on the petition for reconsideration filed by Panlilio, on top of another petition filed by Pineda to immediately assume the gubernatorial post.

Simpao said the buildup of the Pineda political dynasty could be part of a scenario to strengthen Mrs. Arroyo’s political base once she becomes House Speaker or even prime minister.

“There have been a lot of declarations and denials in the past years which have been later contradicted, such as the President’s announcement not to run in 2004 elections, then the denial by Malacañang that her frequent visits to the second district was politically motivated. It turns out she had wanted all along to run for Congress in the district,” he said.

Simpao also noted that despite similar denials by Mrs. Arroyo’s camp that her congressional bid had nothing to do with reports she is interested in being House Speaker or prime minister under a parliamentary form of government, her allies are now hinting otherwise.

Akbayan prods Comelec to disqualify Mikey

Karen Ang — Wed, 21 Apr 2010 16:44:38 +0000

Akbayan prods Comelec to disqualify Mikey
By Jess Diaz
The Philippine Star

MANILA, Philippines – The party-list group Akbayan prodded the Commission on Elections (Comelec) yesterday to disqualify presidential son Pampanga Rep. Juan Miguel “Mikey” Arroyo as a party-list nominee.

In a statement, Akbayan said the Comelec should enforce its Resolution 8807 containing its rules on the disqualification of party-list nominees by disqualifying Arroyo.

The group said Mikey failed to comply with the resolution, which requires a nominee to submit proof that he truly adheres to the advocacies of the organization he seeks to represent.

Under the resolution, such proof can include “prior declarations, speeches, written articles, and such other positive actions on the part of the nominee showing his or her adherence to the advocacies” of his or her party-list group.

Arroyo is the first nominee of Ang Galing Pinoy (AGP). He has given way to his mother, President Arroyo, who is seeking his seat as representative of Pampanga’s second district.

AGP’s second nominee is outgoing Mayor Dennis Pineda of Lubao, Mrs. Arroyo’s hometown. Pineda is the son of suspected jueteng lord Rodolfo “Bong” Pineda and gubernatorial candidate Lilia Pineda, a kumadre of Mrs. Arroyo.

The group’s third nominee is another town mayor in the second district, where it is obviously based. AGP claims to represent security guards and tricycle drivers.

Last April 6, Akbayan wrote the Comelec law department to request for copies of all documents AGP and its nominees have submitted in compliance with Resolution 8807.

However, on the same day, law department chief Ferdinand Rafanan responded that his office “cannot give said documents since Ang Galing Pinoy has not submitted any as required under Section 6 (a) to 6 (d) of Comelec Resolution No. 8807.”

In the wake of such non-compliance, Akbayan said the Comelec has no option but to disqualify Mikey and other AGP nominees.

It said it is not aware of any speech or written article the President’s son has made in support of security guards and tricycle drivers.

The Comelec has held one hearing on the disqualification case against Arroyo. During the hearing, the President’s son’s lawyer said the poll body does not possess the power to disqualify his client.

Aside from Arroyo, Akbayan is also seeking the disqualification of former Energy secretary Angelo Reyes as a nominee of the party-list group 1-Utak, which claims to be composed of transport operators and drivers.

Comelec denies accreditation

Meanwhile, the Comelec has disqualified 32 party-list organizations but their names were still included in the ballot due to their pending motion for reconsideration.

“The Commission has denied their application for accreditation, but they went to the Supreme Court to appeal our ruling, so their names were still included in the ballot,” Comelec Chairman Jose Melo explained.

“We are not saying that you should not vote for these 32 groups, but we are not going to tally the votes cast in their favor,” Melo added.

The Comelec did not accredit the 32 party-list groups due to lack of track record or because they do not have record of advocacy for the groups they are representing.

One or two of them were also not marginalized groups, according to the Comelec. – Mayen Jaymalin

Comelec asked to disqualify nominees of 49 party-list groups

Karen Ang — Sun, 18 Apr 2010 02:06:28 +0000

Comelec asked to disqualify nominees of 49 party-list groups
By Shiela Crisostomo
The Philippine Star

MANILA, Philippines – Electoral reform group Kontra Daya has asked the Commission on Elections (Comelec) to disqualify the nominees of 49 party-list groups they claim have “questionable” agenda.

Comelec has accredited 175 part-list organizations to participate in the May 10 elections.

Renato Reyes of Kontra Daya noted that the nominees of the 49 party-list groups do not come from the marginalized sectors for which the party-list system was created.

They are mostly administration allies, incumbent officials, retired military and police officials, and individuals belonging to wealthy and politically influential families

Kontra Daya wants the nominees of these party-list groups disqualified motu propio, or without a petition for disqualification.

The group complained that the P5,000 disqualification fee charged by the Comelec discourages the filing of complaints against party-list groups that allegedly abuse the system.

“If the Comelec will not do anything despite the reports watchdog groups give them, it is up to the public then to be more discerning and vote only for those groups with a proven track record of serving the marginalized,” Reyes said. “ But if Comelec does not act now, what can arrest the steady destruction of the party-list system?”

On top of the group’s list of party-list nominees they want disqualified are Pampanga Rep. and presidential son Juan Miguel “Mikey”Arroyo, the first nominee of Ang Galing Pinoy which claims to represent security guards.

Another is former Energy Secretary Angelo Reyes of 1-Utak, which supposedly represents the transport sector.

The brother of National Security Adviser Chavit Singson, Jose Singson Jr., is the second nominee of 1st Kabagis party-list, which promises to “widen the segments of economic development.”

The Alyansa ng Media at Showbiz, which claims to represent media practitioners, has celebrity cosmetic surgeon Dr. Manny Calayan as its second nominee.

Anak Party-list, which claims to represent the urban poor, has listed former Police Senior Superintendent Eduardo Octviano, Jr. as its first nominee and retired police general Eliseo de la Paz as its second nominee. De la Paz had been tagged in the so-called “euro generals” scandal in 2008.

Mikey, aunt may not win congressional seats – Casiño

Karen Ang — Sun, 11 Apr 2010 20:09:03 +0000

Mikey, aunt may not win congressional seats – Casiño
By Jess Diaz
The Philippine Star

MANILA, Philippines – Two Arroyos may not win congressional seats in the May 10 elections as party-list representatives, Bayan Muna Rep. Teodoro Casiño said yesterday.

He said he based his assessment on the March survey of Pulse Asia of public support for and awareness of the 187 party-list groups accredited by the Commission on Elections (Comelec).

“AGP or Ang Galing Party or Pinoy, and Ang Kasangga are not among the organizations enjoying enough public support to elect even one representative. In fact, they are not among the groups people are aware of,” he said.

Presidential son and Rep. Juan Miguel “Mikey” Arroyo of Pampanga’s second district is AGP’s first nominee, while aunt Maria Lourdes Tuason Arroyo is the incumbent representative and one of the nominees of Ang Kasangga.

Mikey has given way to his mother, President Arroyo, who is seeking to replace him in the House of Representatives.

AGP claims to represent security guards, while Ang Kasangga supposedly groups small entrepreneurs, including balut vendors.

To save the two Arroyos from losing their House seats, the ruling Lakas-Kampi has included their party-list groups in its nationwide campaign for votes.

Unlike the two Arroyos’ party-list groups, 1-Utak (United Transport Koalisyon) is enjoying enough support to send former Energy secretary Angelo Reyes to the House.

Reyes is 1-Utak’s first nominee. The group’s incumbent representative in Congress, lawyer Vigor Mendoza, has inexplicably given way to him.

Bayan Muna and other militant groups have filed disqualification cases against Mikey Arroyo and Reyes.

These organizations have blamed the Comelec and the Supreme Court for allowing dubious groups and administration fronts to “bastardize” and mock the party-list system.

According to Pulse Asia, only 10 of the 187 accredited party-list groups have sufficient voter following to elect two to three representatives.

These include Bayan Muna, Gabriela, Anakpawis, Akbayan, and An Waray.

The survey also showed that six in every 10 Filipinos are unaware of the party-list system.

Party list, quo vadis?

Karen Ang — Sat, 10 Apr 2010 20:54:40 +0000

Party list, quo vadis?
By Artemio V. Panganiban
Philippine Daily Inquirer

MANILA, Philippines—The Commission on Elections has been reckless in accrediting party-list candidates and their nominees. A few days ago, the Supreme Court reversed Comelec’s flimsy decision disqualifying Ang Ladlad. Now, it is inviting more public disenchantment by disqualifying the Disabled Pinoy Party, yet allowing Rep. Mikey Arroyo to be the first nominee of a party list of security guards and former Secretary Angelo Reyes to represent a party list of bus and jeepney drivers.

Only for the marginalized. Comelec’s job is simple: just follow existing jurisprudence. In Ang Bagong Bayani vs Comelec (June 26, 2001 and June 25, 2003), which I had the honor of writing, the high court clearly ruled that the party-list system was reserved only for those “(1) who belong to the marginalized and underrepresented sectors, organizations and parties; and (2) who lack well-defined constituencies but (3) who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.”

Thus, the party-list candidate must show— through its constitution, articles of incorporation, bylaws, history, platform of government and track record—that it represents and seeks to uplift marginalized and underrepresented sectors.

Ang Bagong Bayani likewise plainly held that “not only the candidate party or organization must represent marginalized and underrepresented sectors so must its nominees… who (must also) belong to marginalized and underrepresented sectors.”

To stress that both the party-list candidate and the nominees must be “marginalized,” the Court cited examples, “Surely the interest of the youth cannot be fully represented by a retiree; neither can those of the urban poor or working class, by an industrialist. To allow otherwise is to betray the State policy to give genuine representation to the marginalized and underrepresented.”

“In the end,” the Court concluded, 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.”

By the foregoing standards, Representative Arroyo, not being a security guard by occupation, cannot represent the security guard sector. Neither can Secretary Reyes be a nominee of a party list of drivers, for he is not a professional driver. The Comelec then should simply refuse to accredit them.

If Arroyo and Reyes think they can convince the Court to reverse its pro-poor decision in Ang Bagong Lipunan to accommodate them, let them try. Indeed, they may be emboldened to do so; after all, the Arroyo administration has shown its muscle in persuading the Court to reverse the half-century ban on midnight appointments.

Another dubious Supreme Court victory. And just the other day, the administration flexed its brawns again when it convinced the Court to legitimize legislative gerrymandering thereby assuring another GMA son, Rep. Dato Arroyo, of his continued stay in Congress.

Sec. 5(3) of Article VI of the Constitution states, “Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.” Straining this provision, the majority of nine in Aquino vs Comelec (April 7, 2010) upheld the creation of a new legislative district in Camarines Sur with a population of only 176,383, because “the 250,000 minimum population is only required for a city, but not for a province.”

However, the five dissenters (one jurist was on leave), led by Justices Antonio T. Carpio and Conchita Carpio Morales, complained that the majority conveniently ignored other parts of the Constitution mandating Congress to reapportion legislative districts pursuant to “(1) proportional representation; (2) minimum population of 250,000 per legislative district; (3) progressive ratio in the increase of legislative districts; and (4) uniformity in the apportionment of legislative districts in provinces, cities, and Metropolitan Manila area.”

Carpio disemboweled the majority’s skewed decision for it “marks a tectonic shift by tilting the balance in favor of entrenched interests, sacrificing the Constitution, and ultimately, the ideals of representative democracy, at the altar of political expediency.”

* * *

Mischievous petition. Last week, top lawyer Romulo Macalintal petitioned the Supreme Court to abolish the Presidential Electoral Tribunal (PET), which was created to decide contests relating to the presidency and the vice presidency.

Because Macalintal also lawyers for President Macapagal-Arroyo, critics immediately imputed Machiavellian motives to him. I disagree. The Constitution already provides, “The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice President…” Hence, even if his petition succeeds, the Court—not the PET—will hear presidential protests.

If at all, Macalintal merely created monstrous conflicts of interest, if not embarrassment, for the justices. You see, the PET is the respondent in the petition, is composed of all justices, and was created by the Court. Worse, the justices are given separate allowances and additional personnel as PET members.

Chief Justice Reynato S. Puno inhibited from the petition to compel the Judicial and Bar Council to nominate a midnight chief justice, due to his being JBC chair. Per his example, will all the justices recuse from hearing this petition? If they do, who will decide the case?

* * *

Comments are welcome at chiefjusticepanganiban@hotmail.com