Masaya po naming ibinabalita sa inyo na ganap na nating naiwasto at naibalik ang demokrasya sa ating Kabayan Party List.
Noong February 13, 2017 nagkaroon ng special congress ang mga tunay na miyembro ng Kabayan Party List. Hinanap ng inyong Executive Committee ang mga lehitimo, legal at orihinal na officers at members ng Kabayan batay sa mga dokumentong unang nai-submit sa Comelec noong 2009.
Itinaguyod ng ating Executive Committee at lahat ng mga dumalo ang resolusyon na itiwalag sa Kabayan Party List sina Ron Salo, Pedro Parrocho, Joshua Sebastian at Vic Caguimbal.
Ayon sa Executive Committee, lantaran na nilabag nina Salo ang konstitusyon ng Kabayan nang gumawa sila ng isang “Board of Trustees.” Wala po sa konstitusyon ng Kabayan na maaaring maglikha ng “Board of Trustees.” Ang tanging kinikilala ng konstitusyon ng kabayan na maaaring gumawa ng polisiya at importanteng desisyon ay ang kongreso ng Kabayan. Pero sa halip na hanapin at ipatawag ang kongreso, nag-imbento sila ng “Board of Trustees.”
Pinawalang bisa ng special congress ang itinayong “Board of Trustees” at ang desisyon nito na tanggalin bilang miyembro at kinatawan si Congressman Harry Roque.
Malinaw na pinapahalagahan ng konstitusyon ng Kabayan ang demokrasya sa organisasyon. Inimbento lamang ng mga tiniwalag na miyembro ang “Board of Trustees” upang magawa nila ang kanilang gusto nang walang konsultasyon sa totoong miyembro. Maraming sa mga dumalo sa special congress ang nagulat nang malaman lumikha ng “Board of Trustees” sina Salo nang walang konsultasyon sa kanila.
Section 1 of Article IV of the Kabayan Party-list Constitution and By-Laws states that the party Congress is the highest policy-making body of the party.”
Hindi po tunay na kinatawan ng kabayan si G. Ron Salo.
“We expect Salo to undermine the legitimacy of this special congress but he cannot dispute the fact that we are composed of people who are the original officers, members and signatories of Kabayan Party List, as registered in Comelec. Kabayan has not held a Party Congress ever. All decisions of the party, including the one expelling the first nominee, was made without any resolution submitted to and approved by the Congress,” Navarro said.
Navarro said that unlike Salo who arbitrarily created the illegal board of trustees, “the Executive Committee took pains to locate all of the party-list’s legitimate members all over the country. It was not easy to locate and assemble all of them but we did so because they are the original officers and members as registered in documents submitted to Comelec. This is a democracy. They deserve to have a voice.”
“The Special Party Congress recognizes and affirms the leadership of Rep. H. Harry L. Roque, Jr. over the party as its duly elected Representative to the House of Representatives of the 17thCongress, with special appreciation for being the public face of the Party-List, catapulting it to unparalleled heights since its founding in 2009,” the delegates declared.
For the record
Kabayan’s Constitution and By-Laws lists 43 Comelec-registered voting delegates to the Party Congress, consisting of members of the National Executive Committee, Provincial Council Heads and officers of 12 affiliate organizations.
Of the 43, records show that four have already passed away, including Kabayan’s founding chairman, trimming the number of voting delegates to 39.
While the second nominee was busy engaging in black propaganda against Rep. Harry Roque, the party’s first nominee, Kabayan’s Executive Committee had been quietly locating the original Comelec-registered members of Kabayan Party List. Of the remaining 39 active Comelec-registered voting delegates, a total of 30 (77 percent) attended the Special Congress on Saturday.
The Supreme Court has ruled in similar cases in the past that leadership disputes must be reserved through a Party Congress of the party-list group pursuant to its Constitution and By-Laws. In its most recent decision on the issue, handed down in 2013 in the case of the ABAKADA Guro Party-List leadership controversy (G.R. No. 203646, April 16, 2013), the High Court held that:
“Political parties are generally free to conduct its internal affairs pursuant to its constitutionally-protected right to free association.”
“This includes the determination of the individuals who shall constitute the association and the officials who shall lead the party in attaining its goals. The political parties, through their members, are free to adopt their own constitution and by-laws that contain the terms governing the group in pursuing its goals. These terms, include the terms in choosing its leaders and members, among others. To the group belongs the power to adopt a constitution; to them likewise belongs the power to amend, modify or altogether scrap it.”
In this case, the High Court said that because the party-list group has not held a Party Congress since its founding, a call to hold one in accordance with its own Constitution and By-Laws to resolve leadership issues is legal and proper.
The Special Party Congress also said that Salo and his cohorts usurped the authority of the Executive Committee Arbiter, which has the power to arbitrate internal disputes of the party, including between individual parties (Sec. 11, Art. 7, Kabayan Party-List Constitution and By-Laws).
Salo, according to the Special Party Congress, usurped the powers of the jury, which is tasked to gather evidence, hear witnesses and analyze evidences and hand-out the verdict to the immediate higher party unit concerned who would then implement the penalty or sanction. (Sec. 4, Art. XIII, Kabayan Party-List Constitution and By-Laws).
It has “the power to elect the officers of the party, formally impeach National or Regional Officers recommended by the Executive Committee, approve the party program and platform, and ratify and/or amend the party’s Constitution and By-Laws.” #