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Anakpawis vs. Bistek Complaint Affidavit

Anakpawis vs. Bistek Complaint Affidavit

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Published by Rappler Philippines
Anakpawis vs. Bistek Complaint Affidavit
Anakpawis vs. Bistek Complaint Affidavit

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Published by: Rappler Philippines on Jul 03, 2013
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07/28/2013

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Republic of the Philippines
OFFICE OF THE OMBUDSMAN
Agham Road, Quezon City
ANAKPAWIS PARTYLIST,
Complainant,- versus -FOR: LIBEL
MAYOR HERBERT BAUTISTA,
Respondent.x - - - - - - - - - - - - - - - - - - - - - - - - - - x 
COMPLAINT-AFFIDAVIT
I,
RAFAEL V. MARIANO,
of legal age, Filipino, marriedand with office address at _______________________, afterhaving been duly sworn to in accordance with law, herebydepose and state that:1.I am a three term representative of AnakpawisPartylist (Anakpawis) to the House of Representative andpresently the Chairperson of Anakpawis.2.Anakpawis is a partylist organization thatrepresents farmers, workers, fisherfolks, indigenous peoplesand urban poor and committed to uplift their lives andlivelihood. It has sponsored several legislative measures thatdid not only benefit its constituents but the broad masses of the Filipino people as a whole’3.At present, Anakpawis has successfully obtainedenough votes in the recently concluded partylist electionssufficient to secure one seat at the House oRepresentatives;4.On 1 July 2013, however, Mayor Herbert Bautista of Quezon City, in his capacity as the city mayor thereof,maligned, and imputed to Anakpawis the commission of acrime, or an illegal or wrongful act sufficient to charge andconvict him of the crime of Libel as defined as penalizedunder Article 353 of the Revised Penal Code;5.On 1 July 2013, residents of Sitio San Roque,Barangay Pag-asa, North Triangle, Quezon City barricadedportion of Agham Road to protest the impending demolitionof their houses as a result of the Quezon City BusinessDistrict project of Ayala Land Incorporated;Page 1 of 4
 
6.As Anakpawis counts among its constituents theurban poor, some of the residents of Sitio San Roque who putup the barricade are its members;7.To break the barricade, the Quezon Citygovernment headed by Mayor Bautista sent policemen to thearea. As a result, a melee broke out as the barricadingresidents of Sitio San Roque resisted the attempt of thepolice dismantle their barricade;8.While the barricade was on-going, Mayor Bautistagranted live media interviews on the incident, among whichwas aired at QTV, a television network run by GMA 7, in theprogram News-To-Go hosted by Howie Severino.9.At the said interview by Howie Severino, MayorBautista stated and uttered the following words, to wit:
 Anakpawis lang iyanpingakakakitaannila iyan, pinagkakikitaan iyan ng Anakpawis,, ang ginagawa nila naniningil silang isang libong piso kada pamilya, na sila rawsupposed to be ang magtatrabaho para hindi maalis sila diyan,, I have intelligence report on that,,,
10.Mayor Bautista was expressly saying in the saidinterview that it was Anakpawis who instigated the barricade;that Anakpawis was collecting one thousand pesos(P1,000.00) from individual families in San Roque supposedlyas payment to Anakpawis so that their houses will not bedemolished;11.Aside from the interview by Howie Severino, MayorBautista was also interviewed by DZMM Anchors Noli DeCastro and Ted Failon wherein he uttered the samestatement that Anakpawis instigated the barricade andresulting the melee that broke out.12.Mayor Baustista was also interviewed by ABS-CBNNews Channel (ANC) in the program Mornings@ANC where heaccused Anakpawis of inciting the violence on Agham Road inQuezon City to prevent police from removing squattershanties of 2,000 informal settler families in the area. Hesaid therein that he he received an intelligence report that agroup is extorting P1,000 each from informal settler familiesin exchange for protection from relocation. He said the groupstarted the violence to protect their "rackets.
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13.The said statement of Mayor Baustista, which wasalso printed in newspapers
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, has no basis in fact. It wasmalicious and has put Anakpawis in a bad light.14.Anakpawis did not instigate the residents of SitioSan Roque to put up the barricade or to protest thedemolition of their houses. It did not order the residents toresist the policemen who were deployed to dismantle it,which resulted to scuffle between them and the policemen.More importantly, Anakpawis did not, and never will, collecta single cent from the residents of Sitio San Roque or fromany urban poor, “squatteror “informal settler” for thatmatter and give them false hopes and promises that theirhouses will not be demolished;15.Anakpawis has already proven itself to be true toits principle and commitment to help the poor, themarginalized, the underprivileged, and the oppressed. Itsrecords within and outside of the halls of Congress speak foritself. But while it is committed to help primarily itsconstituents, it has not committed any act that wouldendanger the lives and safety of its constituents or actswhich border on being criminal offenses especially that whichwas imputed to it by Mayor Bautista;16.The statement of Mayor Bautista which wasbroadcast live in a national TV and radio has caused damageto the reputation and integrity of Anakpawis. As such MayorBautista should be penalized for his irresponsible, reckless,malicious, and untruthful statements;17.Such statement of Mayor Bautista, broadcastedlive via TV and radio, constitute libel as defined andpenalized under Article 353 of the Revised Penal Code whichprovides:
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