REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA En Banc Kilosbayan Foundation & Bantay Katarungan Foundation, Petitioners, - versus Executive

Secretary Eduardo R. Ermita & Sandiganbayan Justice Gregory S. Ong, Respondents. X---------------------------------------------------------------------------------------------------------X

G.R. No. 177721

Judge Florentino V. Floro, Jr.,
Petitioner-in-Intervention. X---------------------------------------------------------------------------------------------------------X

URGENT MOTION FOR CLARIFICATION
[Of The Decision]

With Urgent OMNIBUS MOTIONS I. For Partial Reconsideration, II. To Give duly appointed Supreme Court Associate Justice Gregory Santos Ong Just Time to File the Rule 108 Petition (to Comply with The Decision), To Treat the Devanedera Comment and Saguisag Manila Times Article “The Tree of Gregory” as

FULL COMPLIANCE
-with the Fallo / Ratio Decidendi of the Decision, III. To Follow the Justice Nazario Stare Decisis (For the President To Confirm the Appointment and Swear Ong Upon Finality of the Rule 108 Ong RTC Petition/Case to be Filed), and For Leave of Court To Admit These Appeal / Motions

The undersigned Intervenor, Judge FLORENTINO V. FLORO, JR., respectfully moves to CLARIFY and PARTIALLY RECONSIDER the Decision dated 3 July, 2007, manifests that he personally received the said Decision in this case on July 5, 2007 (and he also received by registered mail on July 16, 2007), hence the timeliness of these appeal/motions, and begs leave
to admit the filed Motion to Intervene, the Petition, the Supplement and this pleading. Intervenor respectfully submits the following GROUNDS to support

this pleading and states, that:
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With all due respect
1. Petitioners had wanted and prayed Justice ONG’s appointment to be

annulled. They did not get it. Thus, the appointment subsists to this date. The edifying decision ended on a high note for ONG with the following observation from highly respected Justice Adolfo S. Azcuna: “Those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching the age of majority shall be deemed natural-born citizens. (Art. IV, Sec. 2, in rel. to Sec. 1, par. [3]). “Gregory S. Ong claims to fall under this provision of the Constitution. He has to prove that his mother, Dy Guiok Santos, was a Filipino citizen prior to her marriage to Eugenio Ong Han Seng.” In the adversarial proceeding ONG must initiate (under the Fallo of the Decision), the Office of the Solicitor General (representing the Palace) sided with ONG, and cannot reverse its well-studied position now part of the ROLLO. As a matter of judicial course, ONG should win the RTC petition to “correct,” with or without any opposition from respondents (who proved their procedural point but cannot show, that the DOJ, the Immigration Authorities and the Judicial and Bar Council committed any error in fact regarding ONG’s natural citizenship issue. The problem is that since Justice ONG’s Filipina mother became an alien on marriage to a Chinese, it was understandable for him to be listed also as Chinese when born. The situation may be like that of a child born of unwed parents who then marry and “illegitimate” should be changed to “legitimate” in the birth certificate. Maybe, there should just be an annotation in obedience to a judicial order. If one was born Pedro and then in adult life, changed it to “Peter,” he would always be Pedro when born but some entry could be appended in the birth certificate to reflect the change, even as a marginal note.
2. There is no vacancy to fill as in the case of Justice Minita Viray Chico-

Nazario, whose deserved appointment was held back for months, well beyond 90 days in 2004. Sen. Joker P. Arroyo then said “that the transmittal of the Office of the President to the Chief Justice is the act
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that finalizes the appointment of an Associate Justice to the [Supreme] Court.” In her case, Joker even said that GMA could change her mind because her appointment had not been so sent. Here, it was so transmitted and published widely and supported by the Solicitor General in the Supreme Court. To stress the unnecessary, this Court in Justice ONG’s case did not grant petitioners’ prayer that “the writ of CERTIORARI be issued annulling the appointment issued to respondent GREGORY S. ONG as Associate Justice of the Supreme Court.” The dispositive portion instead said: “WHEREFORE, the petition is GRANTED as one of injunction directed against Gregory S. Ong who is hereby enjoined from accepting an appointment to the position of Associate Justice of the Supreme Court or assuming the position and discharging the functions of that office, until he shall have successfully completed all necessary steps, through the appropriate adversarial proceedings in court, to show that he is a natural-born Filipino citizen, and to correct the records of his birth and citizenship.” The ponente, Justice Azcuna, was also kind, gentle and edifying enough to attach as Appendix A The Tree of Gregory—reflecting our submission that Justice Greg is the apo sa talampakan de indios del barrio Santiago, Malolos, Bulacan—which may in time become as famous as the Tree of Porphyry we were taught in minor logic. So, is there anything to correct? The dispositive portion / fallo (read in conjunction with the ratio decidendi) is however utterly clear that the seat has been reserved for Justice Greg, subject to a condition precedent. As taxpayer and member of the bench and bar, undersigned is entitled to be CLARIFIED on this landmark and controversial case or proceeding and more specifically on the judicial interpretation of the FALLO of the Decision. [The Manila Times Article written by Justice ONG’s Counsel Rene A.V. Saguisag, “The Tree of Gregory” and the Wikipedia Autobiography of ONG are attached and made integral part hereof as ANNEXES “A”, “A-1”].
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At the time of the landmark and controversial PGMA appointments, Justice Minita Viray Chico-Nazario prayed to Our Lady of Perpetual Help, at Baclaran, while Justice Gregory Santos Ong was praying at the Pink Sisters Chapel at Tagaytay, what’s the difference? C.J. Puno said that God does not play dice with our destinies. 3. Considering that the President never recalled, suspended nor withdrew the already issued, made, given and in fact handed to ONG, constitutionally and legally, the Chief Executive and the Judicial and Bar Council are now BARRED by the 1987 fundamental law from again appointing and nominating, respectively, another candidate or nominee, since the Supreme Court Associate Justice post is no longer vacant. 4. Constitutionally, because of the confluence of events, the fallo of the Decision and the hiatus or vacuum seemingly present today, there are only 2 legal and constitutional ways to create a vacancy in the post: a) written resignation of ONG (or his death, incapacity) and b) impeachment by Senators-Judges.
5. The law of public officers and administrative law expressly provide

that once a presidential appointment had been made or issued and accepted, such cannot be withdrawn except by resignation of the appointee. 6. Intervenor has not yet received any ruling on his Motion to Reconsider the Denial of his Intervention, hence, this ultimate plea. A final word. God never played and does not know how to play DICE with our DESTINIES.

God hath truly destined ONG to be the 15th Supreme Court Associate Justice.
There can be no better spiritual proof, than, the CRITICAL data that he was at the PINK SISTERS convent, Tagaytay City, at the time pre-prophesied (per news reports) and it was barely a week before his MAY 25, 2007 natal day. It is / was a TOKEN as birthday GIFT by the SPIRIT that gives life from the
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AMEN, the Faithful and True, the WORD of GOD. I myself, YOUR HONORS, was asked by my ANGELS to have applied with the JBC on my natal day of November 5, 1997, and I was DONNED THE ROBES when ERAP appointed me on my birthday on November (4) 5, 1998, at the age of 45, the youngest RTC, NCJR Judge, ever (Br. 73, RTC, Malabon). At the time of the appointment of ONG, I was also 53 years OLD. As PROPHET with TWIN GIFTS of SPIRITUAL HEALING and DISCERNMENT,

your HONORS,
I beg all of you to co-sign his DESTINY, since it is the WILL of GOD. Petitioners’ CASE must perforce FALL because of the SPIRITUAL WEIGHT of ONG’s LIGHT, from GOD. THIS POST IS ESPECIALLY ENDOWED BY GOD TO ONG, AND IT IS MY HUMBLE SUBMISSION THAT PETITIONERS’ DESPERATE ATTEMPTS TO CONTRADICT GOD’S WILL DEFINITEL RESULT TO ANOTHER CURSE, WHICH IN TURN WOULD RESULT IN MORE EXTRA-JUDICIAL KILLINGS, DIRE PAINS AND SUFFERINGS IN THE JUDICIAL DEPARTMENT. LET GOD’S WILL BE DONE. THIS IS OUR RELIGIOUS FAITH. AMEN.

For his greater glory.

RELIEF
WHEREFORE, premises considered, the Intervenor, Judge FLORENTINO V. FLORO, JR., respectfully begs leave to intervene as petitioner-in-intervention in this case, and prays FOR LEAVE OF COURT that the instant MOTION FOR CLARIFICATION / MOTION TO PARTIALLY RECONSIDER, the Petition-in-intervention and SUPPLEMENT be duly noted, admitted, given due course, and GRANTED. Intervenor FLORO, JR. tenders payment of all docket / legal fees (if required), upon admission of this motion / Petition. Further, Intervenor Judge Floro respectfully prays this Court to GRANT the --Urgent OMNIBUS MOTIONS - To Give duly appointed Supreme Court Associate Justice Gregory Santos Ong Just Time to File the Rule 108 Petition (to Comply with The Decision), To Treat the Devanedera Comment and Saguisag Manila Times Article “The Tree of Gregory” as

FULL COMPLIANCE
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-with the Fallo / Ratio Decidendi of the Decision, To Follow the Justice Nazario Stare Decisis (For the President To Confirm the Appointment and Swear Ong Upon Finality of the Rule 108 Ong RTC Petition/Case to be Filed), and For Leave of Court To Admit These Appeal / Motions.
After considering the merits of this intervention and the pleadings of respondent Justice Ong, to render judgment: declaring respondent Justice Ong as the validly, legally and constitutionally appointed Supreme Court Associate Justice - successor of Justice Callejo, Sr., commanding him to take the directory Oath of Office and fully assume office and jurisdiction, forthwith.

Other reliefs and remedies are likewise prayed for. Malolos City, Bulacan, for Manila, July 17, 2007. Judge FLORENTINO V. FLORO, JR., Movant/Petitioner-in-intervention,
123 Dahlia, Alido, Malolos, 3000 BULACAN,
Tel/#(044) 662-82-03; (Presiding Judge, Branch 73, RTC, MALABON, NCJR, M.M.) [I.D. Number: RTCJ-317 / EDP Number: 38676300; ROLL OF ATTORNEY’S NO. 32800, Pg. No. 60, Book No. XIV (Note: Motion For Leave to Admit 4th Appeal to be reinstated is pending.] PTR No. 503411, dated 1-11-’07, Malolos, Bulacan.

NOTICE
TO: Atty. Ma. Luisa D. Villarama, Clerk of Court, En Banc, SUPREME COURT, MANILA

Please DOCKET and AGENDUM the foregoing pleading for the deliberation and Resolution of the Honorable Court, immediately upon receipt hereof, in view of the urgency of the matter. THANKS. UPON ADMISSION OF THIS PLEADING, PLEASE NOTIFY UNDERSIGNED, SO THAT HE WILL BE ABLE TO FORTHWITH PAY ALL THE REQUIRED DOCKET / LEGAL FEES. All RIGHTS reserved, none waived.

Judge FLORENTINO V. FLORO, JR., VERIFICATION & Affidavit of Service
Republic of the Philippines) Malolos City, BULACAN) S.S. I, JUDGE FLORENTINO V. FLORO, JR., under oath, depose and say, that: I am the Intervenor/movant in the above-entitled case and I read, caused the preparation of, and signed the foregoing pleading. And all the allegations/contents thereof/therein are true and correct of my own personal knowledge or based on authentic records. I CERTIFY that on July 17, 2007, I served copies of this Motion for Clarification and Motion to Partially Reconsider, etc. in this case G.R. No. 177721, “Kilosbayan Foundation & Bantay Katarungan Foundation v. Executive Secretary Eduardo R. Ermita, Office of the President & Sandiganbayan Justice Gregory S. Ong”, upon all petitioners and respondents/ counsels via registered mail with return card at their offices / addresses as hereunder indicated, in accordance with Secs. 3, 5, 7, 13 and 12 of Rule 13, Rules of Court, by depositing said copies at the Malolos Post Office, as evidenced by reg. receipts hereto attached, and pasted after their names, and indicated after the names of the addressees, and with instructions to the postmaster to return the mails to the sender after 10 days if undelivered.

IN WITNESS WHEREOF, I signed this affidavit, this 17th day July, 2007, at Malolos City, BULACAN.

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JUDGE FLORENTINO V. FLORO, JR., affiant.
SUBSCRIBED AND SWORN to before me, on this 17nd day of July, 2007, hereat Malolos City, Bulacan, affiant exhibited to me his CTC NO. CC12006 # 10333105, issued at Malolos, Bulacan, on 1-11, 2007.
DOC. NO. ______, PAGE NO. ____, BOOK NO. ____, SERIES OF 2007. BERNAR D. FAJARDO Notary Public, Until Jan.15, 2008, PTR NO. 2417109, 1- 3,’07, Atty.’s Roll No. 33633, IBP OR # 687744,n 1-5,’07 Malolos City, Bulacan.

COPY FURNISHED: Atty. Jovito R. Salonga, Counsel (and President of) Petitioners, Kilosbayan Foundation, & Bantay Katarungan Foundation, Kilosbayan House, 7 First Street, Acacia Lane, Mandaluyong City, Tel. Nos. 534-5868 and 534-5889, Executive Secretary Eduardo R. Ermita Public respondent, Office of the President, Malacanang Palace, Manila, M.M. Public Respondent, Atty. RENE A. V. SAGUISAG, 4045 Bigasan St., Palanan, Makati City, M.M., Counsel of Record for Respondent, Sandiganbayan Justice Gregory S. Ong, SANDIGANBAYAN, Centennial Building, Commonwealth Ave., Batasan Road, Quezon City, M. M., Tel. # 951-4521, and The Office of the Solicitor General, 124 Amorsolo st., Legaspi Village, Makati, Metro Manila, Counsel for Public Respondents. Explanation on Service by Registered Mail: Intervenor, in compliance with Secs. 7, 11, Rule 13,
1997 Rules of Civil Procedure, states that due to lack of time and messenger and impracticality, he served copies of these motion and attached petition and annexes to all petitioners and respondents by registered mail with return card with attached receipts, pasted after the names of respondents and petitioners.

JUDGE FLORENTINO V. FLORO, JR. 123 Dalia, Alido, Bulihan, Malolos City, 3000 Bulacan Republic of the Philippines) Malolos City, BULACAN ) S.S. AFFIDAVIT OF SERVICE
I, JUDGE FLORENTINO V. FLORO, JR., of 123 Dahlia, Alido, Malolos, 3000 Bulacan, under oath, depose and say, that: I CERTIFY that on July 17, 2007, I served copies of this Motion for Clarification and Partial Reconsideration, in this case G.R. No. 177721, “Kilosbayan Foundation & Bantay Katarungan v. Exec. Sec.

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E. Ermita, et al...” upon all petitioners / counsels and respondents / COUNSELS via registered mail with return card at their offices / addresses as hereunder indicated, in accordance with Secs. 3, 5, 7, 13 and 12 of Rule 13, Rules of Court, by depositing said copies at the Malolos Post Office, Bulacan, as evidenced by registry receipts hereto attached, hereunder, and indicated after the names of the addressees, and with instructions to the postmaster to return the mails to the sender after 10 days if undelivered:

COPY FURNISHED: NAMES & ADDRESSES OF ADDRESSEES Atty. Jovito R. Salonga, Counsel (and President of) Petitioners, Kilosbayan Foundation, & Bantay Katarungan Foundation, Kilosbayan House, 7 First Street, Acacia Lane, Mandaluyong City, Tel. Nos. 534-5868 and 534-5889, Executive Secretary Eduardo R. Ermita Public respondent, Office of the President, Malacanang Palace, Manila, M.M. Public Respondent, Atty. RENE A. V. SAGUISAG, 4045 Bigasan St., Palanan, Makati City, M.M., Counsel of Record for Respondent, Sandiganbayan Justice Gregory S. Ong, SANDIGANBAYAN, Centennial Building, Commonwealth Ave., Batasan Road, Quezon City, M. M., Tel. # 951-4521, and The Office of the Solicitor General, 124 Amorsolo st., Legaspi Village, Makati, Metro Manila, Counsel for Public Respondents. Explanation on Service by Registered Mail: Intervenor, in compliance with Secs. 7, 11, Rule 13,
1997 Rules of Civil Procedure, states that due to lack of time and messenger and impracticality, he served copies of these motion and attached petition and annexes to all petitioners and respondents by registered mail with return card with attached receipts, pasted after the names of respondents and petitioners.

REGISTRY RECEIPT

JUDGE FLORENTINO V. FLORO, JR. 123 Dalia, Alido, Bulihan, Malolos City, 3000 Bulacan IN WITNESS WHEREOF, I signed this affidavit, this 22nd day of June, 2007, at Malolos City, BULACAN. JUDGE FLORENTINO V. FLORO, JR., affiant.
SUBSCRIBED AND SWORN to before me, on this 17th day of July, 2007, hereat Malolos City, Bulacan, affiant exhibited to me his CTC NO. CC12006 # 10333105, issued at Malolos, Bulacan, on 1-11, 2007. DOC. NO. _____, PAGE NO. ____, BOOK NO. ____, SERIES OF 2007. BERNAR D. FAJARDO Notary Public, Until Jan.15, 2008, PTR NO. 2417109, 1- 3,’07, Atty.’s Roll No. 33633, IBP OR # 687744,n 1-5,’07

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Malolos, Bulacan.

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