Pacquiao rapped before Ombudsman for being 'fake' barangay chairman
for being 'fake' barangay chairman
A criminal complaint for usurpation of the authority of a barangay chairman and an administrative case for gross misconduct have been filed against Rogelio "Roel" Dapidran Pacquiao because he admitted he claimed he abandoned his residence at the barangay where he ran and won as barangay chairman.
Mr. Pacquiao, the youngest brother of 8-division world champion and Senator Emmanuel "Manny" Pacquiao, was serving as barangay chairman of Barangay Apopong in General Santos City for the term of 2013 to 2016 when out of the blue he thought of running for congressman in Sarangani.
Sarangani is a separate congressional district compared to the First Congressional District of South Cotabato that included General Santos City.
Under the 1987 Constitution of the Philippines, no one can be elected as congressman if he lacks a residence of one year from the day of the election. In this year, 2016, the one-year residence must be reckoned backwards from 9 May 2016.
Despite the prohibition, it appeared that the younger brother of the world champion chose to be defiant and arrogant and Manny Pacman did not stop Roel from running for congressman despite the insulting act of desecrating the Constitution.
This lack of effort to stop the younger brother from defiance and arrogance reflects on the senator and on his claim that he has become a preacher of the Word of God. This will be a hot topic of a presidential or vice-presidential debate someday if Manny runs for president or vice-president.
So that Roel filed his letter of irrevocable resignation from the position of the barangay chairman of Barangay Apopong. The letter is dated 30 October 2015. That means that the longest time that can be possible for Roel Pacquiao to be a resident of Sarangani is six (6) months and eight (8) days on the day of the elections on 9 May 2016.
Beacuse of very obvious lack of residence of one year, two petitions for disqualification were filed against him: One that was filed by Elson Formoso and another that was filed by Megie "Jamby" Ramos-Orig.
In his response, Roel claimed in his verified answer that even while he was serving as the barangay chairman, he already abandoned his residence from Barangay Apopong and transferred the same to the Poblacion of Alabel, Sarangani since September 2014.
Because of this claim that he already transferred residence while serving as barangay chairman, Jamby Orig filed a complaint before the Ombudsman for usurpation of authority of the barangay chairman of Barangay Apopong because he lost his right and authority to serve as the barangay chairman when he lost his residence in the barangay.
If you wish to read the complaint, it is posted below:
--------------------------------------------------------------
Republic of the Philippines
Office of the
Ombudsman
Ombudman Bldg., Agham Road, Diliman, Quezon City
MEGIE “JAMBY” RAMOS-ORIG,
Complainant,
-versus- Administrative
Case No.: ___________________
Criminal
Case No.: _______________________
ROGELIO DAPIDRAN PACQUIAO
also known as “RUEL PACQUIAO”,
Respondent.
x------------------------------------------------x
Republic of the
Philippines )
City of Manila )Sc
Complaint-Affidavit
for Usurpation of Authority
and
for Grave Misconduct & Conduct Prejudicial to the Best Interest of
the Service
I, MEGIE
“JAMBY” RAMOS-ORIG, of legal age, Filipino, a registered voter at Precinct
0012A in the Poblacion of Kiamba, Municipality of Kiamba, Province of
Sarangani, after having been sworn to in accordance with law, do hereby depose
and state:
(1)
I am executing
this sworn complaint for the purpose of filing a criminal case of usurpation of
authority under Article 177 of the Revised Penal Code and at the same a
complaint for Grave Misconduct and Conduct Prejudicial to the Best Interest of
the Service against respondent ROGELIO DAPIDRAN PACQUIAO also known as RUEL
PACQUIAO;
(2)
ROGELIO D. PACQUIAO may be sent subpoenas or notices at the address he represented as Lot
24, Block 2, Alpha Village, Brgy. Poblacion, Alabel, Sarangani Province;
The Facts
(3)
On 12 October
2015, Mr. Pacquiao filed his Certificate of Candidacy for congressman
representing the lone district of Sarangani in the House of Representatives;
(4)
A copy of the
same Certificate of Candidacy is attached hereto as ANNEX “A”;
(5)
In the same
certificate, Mr. Pacquiao stated that he has been a resident of the Province of
Sarangani for One (1) year and Eight (8) months reckoned from 9 May 2016, the
election day;
(6)
Now, it is a fact
that cannot be denied by Mr. Pacquiao, himself, that he had been the barangay
chairman of Barangay Apopong, General Santos City since 2010;
(7)
It is also an
undisputed fact that Barangay Apopong and General Santos City belong to the 1st
congressional district of South Cotabato and separate from the congressional
district of Sarangani;
(8)
Now, the law
requires that for one to be a barangay chairman he must be a resident of the
barangay where he serves as the barangay chairman;
(9)
The law also
requires that any person can only have one residence for the purpose of getting
elected either as congressman or as barangay chairman and any person cannot
have two or more residences;
(10)
If this statement
of Mr. Pacquiao is true that he has been a resident of Sarangani for one year
and eight months on the election day on 9 May 2016, then it meant that since
September 2014 he was no longer a resident of Barangay Apopong since September
2014;
(11)
But it is also a
fact that Mr. Pacquiao filed his irrevocable resignation letter to resign from
the position of Barangay Chairman of Barangay Apopong and City Councilor of
General Santos City representing the Association of Barangay Chairman (ABC);
(12)
It is also
undisputed that the date of the irrevocable resignation letter is 30 October
2015 and the same was received in due course by the City Government of General
Santos City;
(13)
A copy of the
irrevocable resignation is attached hereto as ANNEX “B”;
(14)
At any rate, this
means that if the claim of Mr. Pacquiao is true that since September 2014 he
already transferred residence to Alabel, Sarangani, then Mr. Pacquiao committed
the acts of usurpation of authority in so far as the authority and official
functions of the barangay chairman of Barangay Apopong is concerned;
(15)
Now, I filed a
petition for disqualification against Mr. Pacquiao before the Commission on
Elections (Comelec) on the ground that he lacks residency of one year as
mandated by the Constitution;
(16)
In the same
petition for disqualification, it was false for Mr. Pacquiao to claim as
resident of Sarangani before 30 October 2015 because he can only be considered
as a resident of Sarangani only after he resigned on 30 October 2015 from being
the barangay chairman of Barangay Apopong in the City of General Santos;
(17)
If he transferred
residence on 1 November 2015, the length of residence of Mr. Pacquiao can only
be six months and nine (9) days on the election day on 9 May 2016;
(18)
My position for
the same petition is that it was out and out lie for Mr. Pacquiao to state in
his Sworn Certificate of Candidacy that he has resided in Sarangani for One (1)
Year and Eight (8) months;
(19)
I filed the same
petition under Section 3, Rule 25 of the COMELEC Rules of Procedure, where it
says that at any time before proclamation any petition for disqualification of
a candidate may be filed by any citizen or registered voter, who should be one
that is a voter in the district where the candidate sought to be disqualified
is running for election;
(20)
If the truth is
that it is only on 1 November 2015 that Mr. Pacquiao can possibly be a resident
of Sarangani, then he committed the acts of falsification in his attempt to
cover the fact that he lacks one year residency in the Province of Sarangani;
(21)
A copy of the
Petition for Disqualification that I filed against Mr. Pacquiao is attached
hereto as ANNEX “C” in series;
(22)
Mr. Pacquiao
filed his answer against the petition for disqualification and in it he claimed
that he already transferred residence from Barangay Apopong since September
2014 although he continuously acted as incumbent barangay chairman;
(23)
A copy of the
Verified Answer filed by Mr. Pacquiao against the petition for disqualification,
including the annexes thereto, is attached hereto as ANNEX “D” in series;
(24)
But for purposes
of clarity, convenience and propriety, it is requested that all notices
intended for me be addressed to my counsel, ATTY. BERTENI CATALUÑA CAUSING, CE,
at Unit 1, No. 2368 Leon Guinto St. corner JB Roxas St., Malate, Manila;
(25)
The Office of the
Ombudsman has jurisdiction over the instant case because he was already a
barangay chairman even before September 2014 and is now a public officer as a
congressman representing Sarangani;
(26)
For doing the
criminal acts of usurpation of authority while he was still having that color
of authority as the barangay chairman, Mr. Pacquiao is still within the
jurisdiction of the Office of the Ombudsman;
(27)
That is
notwithstanding the fact that the acts of crime and administrative violations
committed prior the election of Mr. Pacquiao can still be executed or
implemented even after his election as congressman and even during the time he
is serving as the congressman of the First District of Sarangani Province;
(28)
In addition to
the foregoing evidence, Mr. Pacquiao willingly accepted the election by
attending his proclamation as the winner in the election for congressman of
Sarangani as proved by a copy of the Motion to Declare the Nullity of his
proclamation, attached hereto as ANNEX
“E” series, including the photograph of the proclamation;
(29)
I also caused the
filing of the Motion to Suspend Proclamation and a copy thereof is attached
hereto a ANNEX “F” series;
(30)
The Provincial
Board of Canvassers of Sarangani Province denied the motion to suspend
proclamation and a copy of the “Decision” ruling the same is attached hereto as
ANNEX “G” series; and
(31)
Affiant sayeth
further naught;
IN WITNESS
WHEREOF, I sign this Complaint
Affidavit on 30 May 2016 in Manila.
MEGIE
“JAMBY” RAMOS-ORIG
Driver’s License ID No. LO4-06-005902
SUBSCRIBED
AND SWORN TO BEFORE ME on 30 May 2016
in Manila, affiant exhibiting her evidence of identity written above below her
name.
Doc.
No.: _____;
Page
No.: _____;
Book
No.: _____;
Series
of 2016.
Prepared by:
Causing Sabarre Castro Pelagio
Unit 1, 2368 JB
Roxas St. corner Leon Guinto St., Malate, Manila
By:
BERTENI
CATALUÑA CAUSING, CE
IBP No. 972694/
04-12-2015 / Manila IV
PTR No. 4889732 /
04-12-2015 / Manila
Roll No. 60944
MCLE No. IV – 0007338
issued 10 August 2012
(Valid from 15 April 2013 until 14 April
2016)
MCLE No. V – 0013036
issued 13 January 2016
(Valid from 15 April 2016 until 14 April 2019)
Cc:
RUEL D. PACQUIAO
Lot 24, Block 2,
Alpha Village,
Brgy. Poblacion,
Alabel, Sarangani Province
x-----------------------------------------------x
Republic of
the Philippines )
City of Manila )SC
VERIFICATION &
CERTIFICATION
I, MEGIE “JAMBY” RAMOS-ORIG, of legal age,
a resident of Poblacion Kiamba, Kiamba, Sarangani Province, a registered voter
at Precinct 0012A Poblacion Kiamba, after having been sworn to in accordance with
law, do hereby depose and stated:
1.
I caused the preparation of the foregoing Complaint for the Office of
the Ombudsman against Mr. Rogelio “Ruel” D. Pacquiao and I read the allegations
therein and these are true and correct of my personal knowledge and based on authentic
records;
2.
I certify that I have not filed in any other venue and jurisdiction any
case of the same facts, the same law and the same reliefs prayed for and should
I learn of any I will inform the Commission in five (5) days; and
3.
The other cases I filed in relation to this are the petition for
disqualification and the complaint for election offense.
IN WITNESS
WHEREOF, I
hereby sign this Verification and Certification of Non-Forum Shopping on 30 May
2016 in the City of Manila.
MEGIE
“JAMBY” RAMOS-ORIG
Driver’s License ID No. LO4-06-005902
SUBSCRIBED AND SWORN TO BEFORE ME on 30 May 2016 in
Manila, affiant exhibiting her evidence of identity written above below her
name.
Doc.
No.: _____;
Page
No.: _____;
Book
No.: _____;
Series
of 2016.
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