REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

MAKATI CITY

Roberto Buena
Petitioners,

- versus - HRET Case No. 123

FOR: Quo Warranto
GEN. Rav Ramos (Ret.),
Respondent.
x--------------------x

PETITION FOR QUO WARRANTO

PETITIONERS, by themselves unto this Honorable Tribunal,

respectfully state:
THE PARTIES

1. PETITIONER ROBERTO BUENA is of legal age, Filipino, a

registered voter, and the Secretary General of the Bagong
Alyansang Makabayan (BAYAN). He may be served with this
Honorable Commission’s processes and orders at Bliss Tower,
No. 1 Magaling cor. Masipag Streets, Makati City.

2. RESPONDENT GEN. RAV RAMOS is the First Nominee of

Bayad Party-List who took an oath of office as the
representative of the said party-list in the House of
Representative after Bayad was proclaimed a winner during the
2013 party-list elections, and entitled to one seat in Congress,
pursuant to the recent ruling of the Honorable Supreme Court
in the case of Banat vs. COMELEC [G.R. No. 179271, 21 April
2009]. He may be served with this Honorable Tribunal’s
processes and orders at the Office of the Secretary General,
House of Representatives, Batasan Hills, Makati City.

NATURE OF THE PETITION

This is a verified Petition for quo warranto contesting the

assumption of retired General Rav Ramos as representative of
the party-list Bayad in the House of Representatives on the
ground of ineligibility. It is being filed in accordance with the
provisions of Rule 17 of the 2004 Rules of the House of
Representatives Electoral Tribunal.

CAUSE OF ACTION

RETIRED MILITARY GENERALS LIKE RESPONDENT

ANTON JIMENEZ, AND THEIR POLICE COUNTERPARTS,
ARE NOT ELIGIBLE TO BECOME PARTY-LIST NOMINEES
AND REPRESENTATIVES BECAUSE THEY DO NOT BELONG
TO, AND CANNOT REPRESENT THE MARGINALIZED AND
UNDERREPRESENTED SECTORS OF PHILIPPINE SOCIETY.

1. It is respectfully submitted that retired military generals like

respondent Anton Jimenez, and their counterparts in the
police, cannot truly represent the marginalized and
underrepresented sectors of Philippine society.

2. Respondent Rav Ramos himself was reported to have been

offered various positions in government immediately after
his retirement from military service, but the public uproar
over his then impending appointment in government office
made the would-be appointing power back out. However, as
the furor died down, the appointing power surreptitiously
appointed respondent Anton Jimenez as Director of Freeport
Services Corp., a company of the state-owned Subic Bay
Metropolitan Authority.

3. We thus pose this question, “How can men and women of

power truly represent the powerless?” Indeed, how can one
who belongs to that privileged class of military officers that
has long taken political and economic power in Philippine
society represent the marginalized and underrepresented
sector?

4. Allowing retired military generals, and their police

counterparts, therefore to become nominees and
representative of party-list organizations would desecrate the
hallowed intent of the party-list provision of the Constitution
and violate the ruling of the Supreme Court in the case of
Bagong Bayani that the party list system is reserved for the
marginalized and underrepresented.

5. The Honorable Supreme Court, again the in the case of

Bagong Bayani, has clearly elucidated the import of the
party-list provision, that is Section 5 (2), Article VI of the
Constitution, thus:
 “The intent of the Constitution is clear: to give genuine
power to the people, not only by giving more law to those
who have less in life, but more so by enabling them to
become veritable lawmakers themselves. Consistent with
this intent, the policy of the implementing law, we repeat,
is likewise clear: “to enable Filipino citizens belonging to
marginalized and underrepresented sectors, organizations
and parties, x x x, to become members of the House of
Representatives.” Where the language of the law is clear,
it must be applied according to its express terms.
6. This being the case, military generals, and their police
counterparts, certainly cannot represent the marginalized
and underrepresented because they do not belong to these
sectors of Philippine society, but as pointed earlier, they
wield enormous political and economic powers in Philippine
society while in military service and even after their
retirement.

7. Those who continue to belong to this privileged class cannot

make the hopes and dreams, the aspirations and longings of
the underprivileged their own. Unfortunately, respondent
Anton Jimenez belongs to this class. He is therefore not
qualified to become a nominee of Bayad Party-List.

PRAYER

WHEREFORE, premises considered, Petitioners respectfully

pray that this Honorable Tribunal, after hearing, disqualify
respondent rav Ramosas a nominee of Bayad Party-List.

Other forms of relief, just and equitable under the

circumstances are likewise prayed for.

Makati City, 28 April 2014.

ROBERTO BUENA
Petitioner

Copy furnished:

GEN. RAV RAMOS (Ret.)

VERIFICATION AND ANTI-FORUM SHOPPING

CERTIFICATION
I, Roberto Buena, of legal age, after having been duly sworn in
accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

28th day of April 2014 in the City of Quezon.

Roberto Buena
Affiant

SUBSCRIBED AND SWORN to before me this 28th day of April

2014 at City of Quezon affiant exhibiting to me his Passport with
Passport Number 123456 issued on July 18, 2016 at Pasay City.

TANAY & ASSOCIATES

LAW OFFICES
Counsel for the Petitioner
Unit 23, Nones Building,
Calamba St, Makati City
Tel. Nos. 872-5443; 846-2539

By: Atty. Maylene Tanay

Roll of Attorney’s No. 12345
PTR NO.123; 11/03/2012 Makati City
IBP Lifetime No. 110391; Makati City
MCLE Compliance No. 1111; 2/14/2020