1 May 6, 2013

Atty. Jose Nick A. Mendros

Regional Election Director COMELEC CAR COMELEC Compound Gov. Pack Rd. Baguio City

CC: Presidential Management Staff

3/F New Executive Building (NEB) Malacanang Compound, Manila

Atty. Jose Nick Mendros:

May I respectfully submit to your honorable office this Letter Complaint and attached Affidavit Complaint against the Timpuyog ti Baguio political party / Mayor Mauricio Domogan / Cong. Bernardo Vergara / Irisan Barangay Captain Thomas Dumalti and the 73 Barangay Captains who signed a Manifesto in support of the political party Timpuyog ti Baguio for violation of Philippine Election Codes. It is respectfully prayed of your honorable office that after investigation, a judgment be rendered immediately for the respondents Bernardo M. Vergara and Mauricio G. Domogan as official candidates for Congressman and Mayor of Baguio City for violation of the prohibition against vote-buying under the Omnibus Election Code, Timpuyog ti Baguio political party for use of public funds/facilities, Barangay Captain Dumalti and the Barangay Captains who signed a Manifesto in support of a political party, the Timpuyog ti Baguio, be held liable for criminal and or other related offenses violated.

Attached to this Letter Complaint are the following:

1. is the Complaint Affidavit mailed to COMELEC Intramuros Manila on April 24, 2013 containing Annexes A (Video of the BMV MGD Educational Financial Assistance Program at the Baguio Convention Center on March 17, 2013), B (Transcript of the Video CD in Ilocano dialect and its translation into Tagalog) and C (Related photos of the Timpuyog ti Baguio headquarters located inside the Burnham Park Reservation, a public property). May I add that likewise, in the said video recording, the respondents together with members of their political party are seen personally handing cash allowances to the alleged beneficiaries of their program. The admitted dole outs in the amount of P7,000.00 to the public coupled with a direct solicitation of votes committed during the political convention held at Baguio Convention Center clearly constitute vote-buying as defined under Section 261 (a) of the Omnibus Election Code, which states that:

ATTACHMENT 1

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense: a) Vote-buying and vote-selling. 1. Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. 2. Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.
This direct act of vote buying cannot be justified in the guise of scholarship payment because Section 104 of the Omnibus Election Code exempts expenditures of scholarships only when it is in the nature of periodic payments for legitimate scholarships and school contributions habitually made before the prohibited period.

2 In this case, the amount of P7,000.00 was clearly admitted as allowances of the alleged scholars which cannot be considered as periodic payment. On the other hand, even if an assumption is made that the money distributed was for periodic payment, the same should be paid directly to the school concerned and not to the individuals. As adverted earlier, the dole-outs were committed on March 17, 2013, which under Commission on Election Resolution No. 9385 dated April 3, 2012, was within the prohibited period between February 12, 2013 to May 13, 2013. Further, the Campaign Headquarters of the Timpuyog ti Baguio (a local political party), is situated inside the Burnham Park Reservation located at Kisad-Harrison Road, Baguio City. Burnham Park Reservation is a property of the government which cannot be used for election purposes by any candidate, as prohibited by Section 261 (O) of the Omnibus Election Code. The use of public property (Burnham Park Reservation) as campaign headquarters is a clear violation of Section 261 (0) of the Omnibus Election Code, which states that:

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense: 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 or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies; (2) any printing press, radio, or television station or audio-visual equipment operated by the Government or by its divisions, sub-divisions, agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government owned or controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity.
2.

ATTACHMENT 2

is a copy of Budgetary Requirements submitted by Irisan Barangay Captain Thomas Dumalti to the political party Timpuyog to Baguio (headed by current Mayor Mauricio Domogan and Baguio Congressman Bernardo Vergara), including the employment of Barangay Tanods, in favor of the said political party FOR CAMPAIGN PURPOSES. These are VERY clear violations of the Omnibus Election Code of the Philippines Sec. 261 particularly letters (a), (b), (d), (i), (j), (m) and (o).

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense: a) Vote-buying and vote-selling. 1. Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. 2. Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations. b) Conspiracy to bribe voters. Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it. d) Coercion of subordinates. 1. Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates. 2 .Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organization, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.

i)Intervention of public officers and employees. Any officer or employee in the civil servic except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer. j) Undue influence. It is unlawful for any person to promise any office or employment, public or private, or to make or offer to make an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association, corporation or entity, which may induce anyone or the public in general either to vote or withhold his vote, or to vote for or against any candidate in any election or any aspirant for the nomination or selection of an official candidate in a convention of a political party. It is likewise unlawful for any person, association, corporation or community, to solicit or receive, directly or indirectly, any expenditure or promise or any office, or employment, public or private, for any of the foregoing considerations. m) Appointment or use of special policemen, special agents, confidential agents or the like. During the campaign period, on the day before and on election day, any appointing authority who appoints or any person who utilizes the services of special policemen, special agents, confidential agents or persons performing similar functions; persons previously appointed as special policemen, special agents, confidential agents or persons performing similar functions who continue acting as such, and those who fail to turn over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the same. At the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing authority shall submit to the Commission a complete list of all special policemen, special agents, confidential agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may require. 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 or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies; (2) any printing press radio, or television station or audio-visual equipment operated by the Government or by its divisions, sub-divisions, agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government owned or controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity.
3.

ATTACHMENT 3
-

is the Video CD of the May 2, 2013 episode of ABS CBNs TV Patrol Northern Luzon which clearly contains the following in an interview: Brgy. Capt. Thomas Dumalti admitting

he received money from Timpuyog ti Baguio

Brgy. Capt. Thomas Dumalti admitting he is supporting the Timpuyog ti Baguio stating, ..sa akin deretsahan na siyempre ganun talaga, weather weather lang ang pagsuporta namin

*A Manifesto is likewise shown in the video containing the signatures of 73 Barangay Captains supporting the Timpuyog ti Baguio political party. May I request your honorable office to secure a copy and investigate said Manifesto which was clearly shown on the said TV episode. It is ordered by law that Barangay officials should remain apolitical during election periods. [Screen Shot (2 pages) of said Manifesto is attached as ATTACHMENT 3a.] THESE ACTS BY THESE BARANGAY CAPTAINS ARE IN VERY CLEAR VIOLATION OF SECTION 261 LETTERS (a), (b), (d), (e), (i), (j), (m), (o) and (v) OF THE OMNIBUS ELECTION CODE OF THE PHILIPPINES!

The admonition of the Supreme Courts in Nolasco vs. Comelec, G.R. No. 122250, 122258 dated July 21, 1997, against vote-buying is apt: Said the Court A final word. The dispute at bar involves more than the mayoralty of the municipality of Meycauyan, Bulacan. It concerns the right of suffrage which is the bedrock of republicanism. Suffrage is the means by which our people express their sovereign judgment. Its free exercise must be protected especially against the purchasing power of the peso. As we succinctly held in People v. San Juan, [16] "each time the enfranchised citizen goes to the polls to assert this sovereign will, that abiding credo of republicanism is translated into living reality. If that will must remain undefiled at the starting level of its expression and application, every assumption must be indulged in and every guarantee adopted to assure the unmolested exercise of the citizen's free choice. For to impede, without authority valid in law, the free and orderly exercise of the right of suffrage, is to inflict the ultimate indignity on the democratic process."
We are now under a cleaner government with our Presidents Daang Matuwid program. I fervently hope that your honorable office gives its much-needed attention and investigation to these issues in Baguio City. A culture of corruption and greed MUST NEVER be what we leave for the younger generations of Baguio. A fair election must finally happen in this city, a long-awaited fair and just elections. And not an election riddled with corruption!!

I pray you give this matter your most immediate attention.

Mabuhay!

Respectfully,

Mary Grace Bandoy Registered Voter of Precint 0261A Baguio City Address: #9 Hillside, Baguio City Mobile Number: 0928-385-5611 Email: grazerb@yahoo.com

SUBSCRIBED AND SWORN TO BEFORE ME this 6th day of May 2013 at Baguio City, and I further certify that I have personally examined the Complainant and fully convinced that she has freely and voluntarily executed the foregoing.

__________________________________________ Administering Officer