Republic of the Philippines Quezon City
) ) S.S. COMPLAINT
We, the undersigned complainants, all of legal age, Filipinos, and with office address at the National Headquarters of ACT Teachers Party-List (Block 26 Lot 5, J.P. Rizal Street, New Capitol Estates 1, Batasan Hills, Quezon City), hereby accuse the Respondents named below, and any official and employee under their orders who are responsible for the acts complained herein or similar thereto, of (1) partisan political activity or intervention of public officers and employees and (2) use of public funds and equipment and facilities for an election campaign in violation of Article 261 (i) and (o) of the Omnibus Election Code, both of which are election offenses, committed as follows: 1. Respondents are national, provincial, city, and municipal officials of the Philippine National Police in the following capacities: Oscar D. Albayalde PNP Chief PCSUPT Dionardo B. Carlos Director, Police Regional Office 8 PSSUPT Rolando V. Bade Provincial Director, Leyte Police Provincial Office PSSUPT Nelson DC. Eucogco Provincial Director, Southern Leyte Police Provincial Office PSSUPT Dante P. Novicio Provincial Director, Samar Police Provincial Office PSSUPT Reynaldo B. Dela Cruz Provincial Director, Northern Samar Police Provincial Office PSSUPT Jose Ceasar B. Biso City Director, Ormoc City Police Office PCI Miguelito N. Bocade Officer in Charge, Isabel Municipal Police Station PCI Allan T. Novales Officer in Charge, Bato Municipal Police Station PCINSP Joemen P. Collado Acting Chief, Palo Municipal Police Station 1
PSI Sherwin Amando L. Machete Acting Chief, Southern Leyte Municipal Police Station PINSP Oscar Leonido Cobacha Officer in Charge, Ormoc City Police Station Police Station 3 PSI Bobby Bolo Montaño Chief, Jiabong Municipal Police Station PSI Romualdo Perez Doncillo Chief, Talalora Municipal Police Station PCINSP Arnoldo P. Gomba, Jr. Officer in Charge, Palapag Municipal Police Station PSI Elias P. Ero Officer in Charge, Rosario Municipal Police Station Police Chief Inspector Erwin Naelga Chief, Catarman Municipal Police Station 2. These Respondents who are the heads of their provincial, city, and municipal police stations which caused the posting in and circulation through the official Facebook pages and accounts of their respective stations of publication materials (e-posters and memes) that (1) campaign against ACT Teachers Party-List and (2) tag Complainants and ACT Teachers Party-List as “terrorists,” alleging them as “legal fronts” of the Communist Party of the Philippines-New People’s Army. 3. Also subject of the PNP’s illegal posts are the other progressive party-lists which comprise the militant Makabayan bloc in the House of Representatives, Makabayan Coalition’s senatorial candidate Atty. Neri Colmenares, and progressive mass organizations such as Bagong Alyansang Makabayan and its member-organizations including the Alliance of Concerned Teachers.
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4. Respondents also claim that ACT Teachers Party-List and the other Makabayan Party-Lists give funds to the NPA (“Ang pangunahing pinagkukunan ng pondo ng Teroristang NPA ay nanggagaling sa PDAF ng MAKABAYAN Bloc Partylists!” meme of the Bato PNP). This is a blatantly malicious and baseless post. ACT Teachers specifically, and the Makabayan bloc as a whole, have never given any funds whatsoever, whether private or public, including the Priority Development Assistance Fund (PDAF), to the NPA. Official records of the House of Representatives bear that the Makabayan Party-Lists have no pork barrel since it was declared unconstitutional in 2013. We were also among the parties who questioned the pork barrel system in the HOR and the Supreme Court, which led to PDAF and DAP being declared unconstitutional in the first place. 5. The Respondents through these malicious posts also urge the public not to vote for ACT Teachers Party-List, other Makabayan PartyLists, and Atty. Neri Colmenares, on the false basis that these candidates are “terrorists” and “legal fronts” of the CPP-NPA. One post shared by the Bato PNP urged the public to “VOTE RIGHT, NOT LEFT!!” with the logos of ACT Teachers and the other Makabayan Party-Lists crossed out. 6. The Bato, Jiabong, Anawahan, and Palapag Municipal Stations, on February 21, circulated on Facebook an e-poster saying “ZERO VOTE ANG ACT TEACHERS SA HALALAN,” with a photo of incumbent Representative and Complainant Antonio L. Tinio; a crossed-out logo of ACT Teachers; the official logos of the PNP, PNP Region 8, and Jiabong PNP; and the hotline numbers of Jiabong PNP. The e-poster states “SA TAGAL NIYANG NAGING KONGRESISTA, BUKOD SA PAGTATAAS NG KAMAO SA LANSANGAN AT PAGSUSUOT NG MAMAHALING BARONG NA MINARKAHAN NG GALIT SA BAYAN, ANONG PANUKALA KAYA ANG NAIPASA NIYA PARA SA MGA MAESTRO AT MAESTRA? PAPAYAG KA PA BA NA MASAYANG ANG BUWIS NG BAYAN SA WALANG KATUTURANG SIGAWAN SA LANSANGAN?” 7. On March 1, the Laoang PNP shared a post of another account of a meme bearing among other pictures, the mug shots of ACT Teachers Party-List incumbent Representative and First Nominee France Castro and former Bayan Muna Representative Satur Ocampo when they were illegally arrested and detained during the Talaingod 18 incident late 2018. The post also warned the public to “BEWARE” of the personalities, party-lists, and organizations in the meme. 8. On February 27, the Catarman PNP shared a post of another account of a meme bearing the pictures of ACT Teachers Party-List Second Nominee Benjamin Valbuena, Atty. Neri Colmenares, and Kabataan PartyList incumbent Representative Sarah Elago and the words “WAG MAGPALOKO SA MGA SALOT NG BAYAN! WAG IBOTO!!!”
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9. The officials of these PNP units are blatantly campaigning against ACT Teachers Party-List by circulating online pernicious lies and misrepresentations against ACT Teachers Party-List and its Representatives and Nominees. Everything distorted by the PNP as “galit sa bayan,” waste of taxes, and “walang katuturan,” are legitimate and constitutionally protected forms of expression and protest for government to redress the people’s grievances. The PNP misrepresented an old barong hand-painted by volunteer artists in the 2013 State of the Nation Address to highlight the people’s demand for the abolition of the pork barrel system. 10. As heavily implied by a February 21 post of the Isabel PNP and similar posts the Respondents also intend that the public report anyone related to ACT Teachers and the other Makabayan Party-Lists as “terrorists” or “CPP NPA,” an alarming act especially during the campaign period that hinders our campaigning activities on the ground and, at worst, threatens the safety of our campaign personnel. 11. Aside from the sabotage of the campaign of ACT Teachers, the totality of the effect of these posts is the maligning of the legitimate advocacies and work of ACT Teachers Party-List and its militant stance in national and sectoral issues. They also brand rallies, protests, strikes and other constitutionally guaranteed collective actions as wrong and illegal. 12. Lastly, by vilifying ACT Teachers Party-List as “rebels” and “terrorists,” they also endanger the lives and safety of our officials, members, campaign personnel, and the sector we represent, by painting us and anyone affiliated with us as valid targets of police and the military in the government’s counter-insurgency activities. 13. These malicious posts are still posted and being disseminated online by Respondents as of this filing. Their posting and dissemination are therefore acts fully owned by Respondents, having been made to circulate online for months now, without any action on their part to cause their cessation or discontinuance. Neither did any of the Respondents, officially or otherwise, correct, disown, retract, or publicly apologize for these posts. 14. Screencaps of these publication materials are attached to this Complaint. They may also be viewed by the Honorable Commission in the course of its investigation. 15. The above acts are blatant violations of Section 261 of the Omnibus Election Code: (i) Intervention of public officers and employees. - Any officer or employee in the civil service x x x or any police force, x x x who, directly or indirectly, intervenes in any election campaign or engages in any
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partisan political activity, except to vote or to preserve public order, if he is a peace officer. (o) Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign. - Any person who uses under any guise whatsoever, directly or indirectly, (1) public funds x x x or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies x x x for any election campaign or for any partisan political activity. 16. It should be noted that, since they were posted under and shared via the official accounts of Respondents, the posting and continuous circulation of the above malicious posts could only have been made possible, and amplified further, through the use of public funds, facilities, resources, personnel, and authority. 17. Complainants execute this Affidavit of Complaint to attest to the truth of the allegations herein and to cause the investigation into Respondents’ acts and the filing of appropriate charges therefor. We request that, in the course of its investigation and in the interest of the complete resolution of this complaint, the Honorable Commission look into the accounts and pages complained herein as well as those of other units of the PNP, especially under Region VIII.
12 March 2019, Quezon City.
REP. ANTONIO L. TINIO President, ACT Teachers Party-List Incumbent Representative, 17th Congress
REP. FRANCE L. CASTRO Vice Chairperson, ACT Teachers Party-List Incumbent Representative, 17th Congress
BENJAMIN VALBUENA Secretary General, ACT Teachers Party-List 5
SUBSCRIBED AND SWORN to before me today, 11 March 2019 by affiants who exhibited to me the following as their competent evidence of identity: REP. ANTONIO L. TINIO __________________ REP. FRANCE L. CASTRO __________________ BENJAMIN VALBUENA __________________ 12 March 2019, Quezon City.
NOTARY PUBLIC
Doc No. ____; Page No. ____; Book No. ____; Series of 2019.
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VERIFICATION
REPUBLIC OF THE PHILIPPINES QUEZON CITY
) S.S. )
We, the undersigned, all of legal age, Filipinos, and with office address at Block 26 Lot 5, J.P. Rizal Street, New Capitol Estates 1, Batasan Hills, Quezon City, hereby aver: 1. We are the Complainants in the above-entitled case. 2. We have caused the above Affidavit of Complaint to be prepared and have read and know the contents thereof. 3. The allegations therein are true of our own knowledge and official records. 12 March 2019, Quezon City.
REP. ANTONIO L. TINIO President, ACT Teachers Party-List Incumbent Representative, 17th Congress
REP. FRANCE L. CASTRO Vice Chairperson, ACT Teachers Party-List Incumbent Representative, 17th Congress
BENJAMIN VALBUENA Secretary General, ACT Teachers Party-List
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SUBSCRIBED AND SWORN to before me today, 12 March 2019 by affiants who exhibited to me the following as their competent evidence of identity: REP. ANTONIO L. TINIO __________________ REP. FRANCE L. CASTRO __________________ BENJAMIN VALBUENA __________________
NOTARY PUBLIC Doc No. ____; Page No. ____; Book No. ____; Series of 2019.
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Palapag Municipal Police Station, Palapag Northern Samar Facebook Account: Palapag Mps URL: https://www.facebook.com/palapag.m ps
Posted on February 21, 2019
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Posted on February 21, 2019
Isabel Municipal Police Station, Isabel Leyte FB Account: Isabel Pulis URL: https://www.facebook.com/isabel.mps
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Posted on February 21, 2019
Anahawan Municipal Police Station, Anahawan Southern Leyte FB Account: Pulis Anahawan SouthernLeyte URL: https://www.facebook.com/anahawan. soleyte
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Posted on February 21, 2019
Jiabong Municipal Police Station, Jiabong Samar FB Account: Jiabong Pulis URL: https://www.facebook.com/profile.ph p?id=100006380349359
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Shared on January 25, 2019
Bato Police Station, Bato Leyte FB Acocunt: Bato Pnp URL: https://www.facebook.com/profile.ph p?id=100012712300987
Shared on January 25, 2019
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Posted on February 21, 2019
Shared on January 25, 2019
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Talalora Municipal Police Station, Talora Western Samar FB Account: Talalora Mps URL: https://www.facebook.com/talpnp
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Posted on February 21, 2019
Palo Police Station, Palo Leyte FB Account: Palo Pnp URL: https://www.facebook.com/profile.ph p?id=100009727636549
Posted on December 22, 2018
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Posted on January 25, 2019
Ormoc City Police Station III FB Account: Linao Pcr PS III URL: https://www.facebook.com/profile.p hp?id=100008384174345
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Rosario MPS, Rosario Northern Samar FB Account: Rosario Mps URL: https://www.facebook.com/rosario. ps.92
Posted on January 25, 2019
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Laoang Municipal Police Station FB Account: Laoang Mps URL: https://www.facebook.com/laoang. mps
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Javier Municipal Police Station FB Account: Javier Pnp URL: https://www.facebook.com/javierpu lis
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Catarman Municipal Police Station FB Account: Catarman Mps URL: https://www.facebook.com/catarma n.mps.7
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