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Disqualification complaint filed vs Nelly Villafuerte

Disqualification complaint filed vs Nelly Villafuerte

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Published by Zak Yuson
Filed by Leni Robredo (raw document)
Filed by Leni Robredo (raw document)

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Categories:Types, Business/Law
Published by: Zak Yuson on May 11, 2013
Copyright:Attribution Non-commercial


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Plaintiff Special Action No. __________ -VS- For:
underSec. 68 of the OmnibusElection Code
DefendantX -------------------------------------------- X
now, the plaintiff through the undersigned counsel and tothis Honorable Office most respectfully states:1. That plaintiff is of legal age, widow, Filipino citizen, a resident of Bulusan St. Dayangdang, Naga City and registered voter of Precinct 0248A,Barangay Tabuco, Naga City. She may be served with notices, orders,decisions and pleadings at the address of the undersigned counsel;2. That defendant is likewise of legal age, married and a resident of Cor. Magsaysay Avenue and Basilica Road, Balatas, Naga City where shemay be served with summons and other notices, orders, decisions, andpleadings;3. That on October 3, 2012, defendant filed her certificate of candidacy for Representative of the Third Congressional District of Camarines Sur, for the national and local elections on May 13, 2013;4. That defendant committed acts amounting to vote buying undersection 261 paragraph A in relation to Section 68 of the Omnibus ElectionCode committed under the following circumstances:a.) Sometime in the early part of May 2013, the barangay leaders of the defendant in various barangays of Naga City went around the area andrecruited people to join the National People’s Coalition with a promise thatthose who will join will receive gifts/rewards from the defendant;b.) The Barangay Leader distributed application forms containing apledge to support Nelly Villafuerte, Cho Roco and all their candidates forcouncilors in Naga City;c.) The names of those who were included in a list were advised to goto the residence of the defendant at Basilica Road, Balatas, Naga City onMay 7 and 8, 2013. The Application form given was made to serve as a passto the respondents’ residence;d.) Blank identification cards were given at the gate of the compoundof the defendant which the “applicants” were required to fill out. Thesignatories of said ID cards were Cho Roco and Nelly Villafuerte. Their
names were printed in the same style as that with the ballot with shadedcircle;e.) Thereafter sample ballots bearing the names of defendant’scandidates for Naga City including their flyers were given the “applicants”;f.) “Applicants” found not to be Naga City registered voters were senthome empty handed while those in the List of Registered Voters were led toan alleged seminar room. Inside said room, no seminar was conducted butinstead the “applicants” were told to vote for Nelly Villafuerte, Cho Roco andthe candidates under their ticket;g.) After which, the “applicants” were asked to line up in front of Spouses Luis and Nelly Villafuerte where they were given brown envelopeswith the amount of P300.00 inside. As they leave the place, Nelly Villafuerteuttered the statement:
“Oh remember to vote for me” 
;6. That said act of giving money was intended to influence, induce orcorrupt the voters, and make them vote for respondent Nelly Villafuerte;7. That their actuations are violations of Section 261, paragraph A, aswell Section 68 of the Omnibus Election Code and constitute a ground fordisqualification under said legal provision;8. The affidavits of two (2) recipients of the defendant’s money arehereto attached as Annexes “A” and “B” including their respective annexesand made integral parts hereof;9. There are recorded videos taken during the conduct of vote buyinginside the compound of the defendant in Basilica Road, Barangay Balatas,Naga City. A copy of the CD containing the videos is hereto attached asAnnex “C” and made integral part hereof;10. The herein plaintiff has already filed a criminal complaint in theProsecution’s Office of Naga City, the said act of vote-buying being anelection offense punishable under section 264 of the Omnibus ElectionCode. A copy of the criminal complaint/sworn statement is hereto attachedas Annex D and made an integral part hereof;11. Section 264 of the Omnibus Election Code states… “Sec.264.Penalties. - Any person found guilty of any election offense under thisCode shall be punished with imprisonment of not less than one year but notmore than six years and shall not be subject to probation. In addition, theguilty party shall be sentenced to suffer disqualification to hold public officeand deprivation of the right of suffrage. If he is a foreigner, he shall besentenced to deportation which shall be enforced after the prison term hasbeen served. Any political party found guilty shall be sentenced to pay a fineof not less than ten thousand pesos, which shall be imposed upon suchparty after criminal action has been instituted in which their correspondingofficials have been found guilty.In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in Section 261, paragraph(n) of this Code, the director of prisons, provincial warden, keeper of the jailor prison, or persons who are required by law to keep said prisoner in theircustody shall, if convicted by a competent court, be sentenced to suffer thepenalty of prision mayor in its maximum period if the prisoner or prisonersso illegally released commit any act of intimidation, terrorism of interferencein the election. 
Any person found guilty of the offense of failure to register or failure tovote shall, upon conviction, be fined one hundred pesos. In addition, heshall suffer disqualification to run for public office in the next succeedingelection following his convction or be appointed to a public office for aperiod of one year following his conviction.” 12. Based on the attendant facts, circumstances and applicable law, thedefendant is truly guilty and may rightly be rendered criminally liable forvote-buying under section 261-A in relation to 264 of the Omnibus ElectionCode;
premises considered, plaintiff respectfully prays that judgment be rendered by the Commission en Banc, after due notice andsummary hearing:1. Finding defendant to have given money to influence, induce or corruptthe voters to vote for him in blatant violation of Section 261, paragraph Aand Section 68 of the Omnibus Election Code;2. Declaring defendant disqualified to run or from continuing as a candidatefor Representative for the Third Congressional District of Camarines Sur inthe May 13, 2013 elections;3. Directing the Board of Canvassers not to include her name in theCertificate of Canvass and considering all votes cast for her as stray votes;4. Directing the Board of Canvassers, after finding that the evidence of guiltis strong and decision has not yet been rendered with finality, to suspendproclamation if defendant appears to be winning;5. Directing the Board of Canvassers if the judgment of disqualificationbecomes final and executory before election day, to proclaim the candidategarnering the highest number of votes without defendant; andPlaintiff further prays for other reliefs which to this Honorable Officemay appear just and equitable in the premises.Naga City for Manila. May 10, 2013.
Counsel for Plaintiff Narra St., Mariano Village SubdivisionRoll No. 37910IBP No. 06920, Lifetime MemberPTR No. 099265; January 4, 2013MCLE No. 40007778, September 12, 2012

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