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PRO AND ANTI CHARTER CHANGE MADE THEIR ARGUMENT BEFORE THE SC

Charter Change and Anti-Charter Change advocates presented their oral arguments yesterday September 26, 2006 before the fifteen (15) justices of the Supreme Court.

Presenting the case for the petitioners were Sigaw ng Bayan Spokesperson Atty. Raul L. Lambino, former Associate Justice and Comelec Chairman Bernardo Pardo and Solicitor  General Antonio Eduardo Nachura.

The petitioners anchored their arguments that the Supreme Court should recognize the Constitutional Rights of the 6.3 million registered voters to propose amendments to the Constitution, citing the provisions in Sec. 2, Art. XVII of the Constitution, Republic Act. No. 6735 and Comelec Resolution No. 2300.

The petitioners further submit that their instant petition is sufficient in form and substance and the Commission committed grave abuse of discretion when it dismissed their petition pursuant to the decision of the Supreme Court in the Landmark case of Santiago vs. Comelec in 1997.

During the interpellation, Justice Angeline Sandoval Gutierrez asked Solicitor General Nachura if he will entrust the faith of the country to people he does not know.  Nachura answered that he would because the processes has been followed and there are instances that it’s safer to trust one who does not know to one who knows. Gutierrez then asked why is he changing the system. Nachura said that he agreed to change because the presidential system is not satisfactory. Gutierrez left the question that how would there be any change if it would be the same people who would seat in the proposed parliamentary. 

Presenting for the respondents on the other hand is a battery of lawyers composed of Senator Joker Arroyo and Atty. Pacifico Agabin representing the Senate, Atty. Neri Colminares representing BAYAN, former Senator Rene Saguisag for Mabini, Atty. Jose Anselmo Cadiz representing the Integrated Bar of the Philippines, Dean Rufus Rodriguez representing ousted President Joseph Estrada, Atty. Alioden Dalaig for Comelec, Gov. Garcia and Atty. Aquilino “Koko” Pimentel III.

The counsel of the respondents argued that the instant petition of Sigaw ng Bayan has no legal foundation in view of the absence of an enabling law for its implementation pursuant to the decision of the High Court’s decision in the landmark case of Santiago vs. Comelec.

Atty. Lazaro cited that Atty. Lambino and Mr. Aumentado are the wrong parties to represent the people for not even one of the co-petitioners who signed in the signature sheets issued a special power of attorney to both. Sen. Rene Saguisag, on the other hand, averred that the people’s initiative is a collateral attack on what has already been thrice settled by the Supreme Court. Sen. Arroyo stated that the petitioners could have lobbied with the House of Representatives instead.

The counsel also claims that the legal requirement of at least 3% of the registered voters in every legislative district must be represented was not satisfied.  Atty. Pimentel said that uniform set of rules and transparency is lacking in the signature verification process. He had certifications from the Election Officers in the legislative districts of Davao stating that they did not issue a certificate of verified signatures.

Another argument raised by the anti-charter change advocates is that though there are only two articles to be amended, more than 100 sections in the Constitution shall be affected. Atty. Medina posed the question of whether this is an amendment or a revision. He said that since what is being proposed is a change of structure then clearly it is a revision.

Atty. Cadiz of the IBP said that COMELEC did not commit grave abuse of discretion because even if they did not come up with an advisory it does not mean there was grave abuse of discretion.  

During the interpellation, the opposition counsel questioned the validity of the signatures, claiming that the signatures were obtained without properly informing what the propositions are. The signature sheets used did not contain the actual text or proposition of the proposed amendments and what was written instead is some sort of a survey question.

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The COMELEC is the sole government agency Constitutionally charged with the implementation of all election laws and the administration of all elections, plebiscites, referenda, and recalls.

Discussion

6 Responses to “PRO AND ANTI CHARTER CHANGE MADE THEIR ARGUMENT BEFORE THE SC”

  1. Congressman Rufus Rodriguez is seeking re-election in his district of CDO, Cagayan de Oro, Philippines and a situation has been brought to our attention that we want to inform him of.

    Rufus Rodriguez owns a rental property in CDO that he rents out to a American expatriot of questionable agendas, records and past. I highly doubt Mr. Rodriguez knows of the kind of people his house is harboring so have decided to inform both him and the internet community in hopes of enlightening the situation during this campaigning period.

    The American national currently residing in the house is one Gordon Elletson who goes by Gordy and posts on many internet forums using the name TexKano. Gordon Elletson is of a deffective mental state and is a admitted child abuser and basher of the Filipino populace. Please see link below of how Gordy Elletson , using his TexKano nic, admitted to hitting Xavier Madlangbayan with a cane and then proceeding to call the boys grandfather, Dr. Severino Madlangbayan, (who is seeking a city council seat in Iligan City) a banana eating monkey. Is this kind of elitest American truly the sort of expatriot that a elected Congressman wants to be connected to? Well Gordon Elletson seems to think the congressman loves him and will washover any mess he gets himself into. I find it hard to believe a elected congressman will forsake his constituents , who elected him, in a effort to protect a abusive foreign national.

    The second expatriot, now deceased, is one Randall Chester Goings who goes by Bubba and posted on net under nic Bubbabobbaker. This fellow had a lengthy criminal record which included multiple drug charges. Randall Goings was brought to the Philippines by Gordon Elletson where he lived , together with Gordy, in the proprty owned by Congressman Rufus Rodriguez of CDO, Cagayan de Oro. This property is located on 69 bong bongon street CDO and even before Randall Goings moved to such property he was allready posting perverted things all over the internet. One example of his perversions took place on a internet dating site where he searched for a 4′ tall bi-sexual and stated in his ad “the smaller you are the more I will love you”. Evan smaller than 4′? Yikes, Was he looking for a dwarf or a underaged girl?

    Anyway, I hope this message reaches Congressman Rodriguez and he can see below link for proofs regarding the accutations of the kind of expatriot he is harboring and who states the Congressman is protecting him. I feel the congressman has the right to know the facts in below link.

    http://sexpatswallofshame.blogspot.com

    Posted by mike | 2 December 2009, 3:29 pm
  2. This email is interesting as it contains a header and in it Gordon ” TexKano ” Elletson , the child abuser of CDO Philippines, outrightly admits to bathing with small children in the Philippines.

    Pasted:

    ———- Forwarded message ———-
    From: TexKano
    Date: Thu, Apr 23, 2009 at 6:34 PM
    Subject: Re: My shit’s fucked up
    To: Mike Roy

    Been there, done that.
    That shift changing is fuckin’ up your sleep habits.
    Fucked up sleep habits lead to depression.

    Depression, (if you had it before the sleep pattern was messed up) is nothing to screw with.
    Damn near killed me.

    Take walks
    Eat and drink right.
    Try some chocolate once a week or so (sometimes that helps)

    We know you’re there. Stay in the back if you prefer. It’s okay.

    Yep, a group that on normal situations, would never happen. hahahahahaha

    You take care. Write me now and then if nothing else.
    I’m always here.

    oooops, lil girl just said “Tito Gordy, lets take a bath”
    she been doing that everyday all month
    hahahahahaha

    she washes my legs and my back
    I get to wash her hair.

    gordy dos 17dec07
    My Web-page
    http://gahig-ulo.com/ – NEW PAGES 15Apr09

    Posted by Stan G. | 20 December 2009, 2:59 pm
  3. I have something sinister to present which involves a British pimp named Michael Mountstephen who openly admits that he has political protection from various politicians in CDO Philippines.

    This is an election period and while I am not affiliated with any candidate my hope is to enlighten the voting populace as to these disgusting issues taking place in Cagayan de Oro City. I find it disturbing that these sickening things occur in CDO and hope truly that the politicians of that locality will address these issues as they without doubt are important to the constituents of this city.

    Please see link for the pimps confession regarding buying protection from politicians in Cagayan de Oro Philippines so that he may engage in human trafficking and white slavery with absolute impunity to Philippine law.

    If this pimp is lying and slandering the good politicians of CDO then he should face charges for his actions.

    Posted by Mike | 27 December 2009, 6:56 pm
  4. Hello Forum Readers,

    I am writing here to expose an abusive expat who not only earns a living by exploiting Filipinas but also brings great shame to the Philippines by illegally using the official seals of government agencies.

    The expat in question is a British national, named Michael Mountstephen, who owns Spooks bar and whorehouse in Cagayan de Oro Philippines.

    Michael Mountstephen claims to be accredited by DOT10 but he is not accredited as DOT doesn’t endorse brothels. Please see below link for evidence including a statement from DOT10 Director Chan.

    http://sexpatswallofshame.blogspot.com/2009/12/sexpats-whorehousesphilanthropists.html

    Posted by Jimbo | 2 January 2010, 9:55 am
  5. The site
    http://sexpatswallofshame.blogspot.com

    is alive and prospering.. Visit to read the latest and greatest in Cagayan De Oro

    Posted by philippinesexpat | 21 November 2010, 2:31 am
  6. same for this one

    http://evaniliadisinfo.blogspot.com/

    Posted by philippinesexpat | 21 November 2010, 2:34 am

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