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SERENO, J.:
Before this Court is a Petition for Certiorari pursuant to
Rule 37, Section 1 of the Commission of Elections
(COMELEC) Rules of Procedure,1 in relation to Rules 64
and 65 of the Rules of Court, assailing the Resolutions
dated 26 October 2009 and 4 January 2010 issued by the
COMELEC in SPP Case No. 09073 (PP).2
On 2 July 2009, Petitioner Magdalo Para sa Pagbabago
(MAGDALO) filed its Petition for Registration with the
COMELEC, seeking its registration and/or accreditation as
a regional political party based in the National Capital
Region (NCR) for participation in the 10 May 2010
National and Local Elections.3 In the Petition, MAGDALO
was represented
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1 Section 1. Petition for Certiorari; and Time to File.—Unless
otherwise provided by law, or by any specific provisions in these Rules,
any decision, order or ruling of the Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty (30) days
from its promulgation.
2 Rollo, pp. 3144.
3 Petition for Certiorari (“Petition”), Rollo, p. 5; Petition for
Registration, Rollo, pp. 4551.
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4 Petition for Registration, p. 1; Rollo, p. 45.
5 Petition, Rollo, p. 5.
6 Id.
7 Id., at p. 6.
8 Id.
9 Id.
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personnel were held hostage. This and the fact that they were
in full battle gear at the time of the mutiny clearly show
their purpose in employing violence and using unlawful
means to achieve their goals in the process defying the
laws of organized societies. x x x
xxx xxx xxx
WHEREFORE, premises considered, this Petition is hereby
DENIED.
SO ORDERED.”10 (Emphasis supplied.)
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10 Resolution dated 26 October 2009 (“First Resolution”), Rollo, pp. 3336.
11 Petition, Rollo, p. 6.
12 Annex “H” of the Petition, Rollo, pp. 183184.
13 Annexes “H1” and “H2” of the Petition, Rollo, pp. 185187.
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14 Annex “I” of the Petition, Rollo, pp. 188189.
15 Rollo, pp. 3744.
16 Petition, Rollo, pp. 330.
17 Id., at pp. 2327.
18 Rollo, p. 190.
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19 Petition, Rollo, p. 9.
20 Comment dated 24 February 2010, Rollo, pp. 199211.
21 Id.
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22 Reply to Comment dated 14 March 2010, Rollo, pp. 213234.
23 Petition for Registration, Rollo, p. 49.
24 522 Phil. 705; 489 SCRA 160 (2006).
25 Id., at pp. 753754; pp. 213215.
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26 G.R. No. 191771, 6 May 2010, 620 SCRA 393.
27 Id., at pp. 424425.
28 Petition, Rollo, pp. 1113.
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29 Rule 129, Sec. 2.
30 Section 12. Rules of Evidence.—In a contested case:
(1) The agency may admit and give probative value to evidence
commonly accepted by reasonably prudent men in the conduct of their
affairs.
(2) Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request, the parties
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shall be given opportunity to compare the copy with the original. If the
original is in the official custody of a public officer, a certified copy thereof
may be accepted.
(3) Every party shall have the right to crossexamine witnesses
presented against him and to submit rebuttal evidence.
(4) The agency may take notice of judicially cognizable facts and of
generally cognizable technical or scientific facts within its specialized
knowledge. The parties shall be notified and afforded an opportunity to
contest the facts so noticed.
31 521 Phil. 585; 487 SCRA 462 (2006).
32 Id., at p. 604; p. 484.
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33 See Pimentel v. Romulo, 466 Phil. 482; 421 SCRA 656 (2004);
Navales v. Abaya, 484 Phil. 367; 441 SCRA 393 (2004); Gonzales v. Abaya,
530 Phil. 189; 498 SCRA 445 (2006).
34 Id.
35 Resolution dated 4 January 2010, p. 5; Rollo, p. 41.
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and (c) not a single shot was fired during the incident.36
These arguments present a very narrow interpretation of
the concepts of violence and unlawful means, and
downplays the threat of violence displayed by the soldiers
during the takeover.
Under Article IXC, Section 2(5) of the 1987
Constitution, parties, organizations and coalitions that
“seek to achieve their goals through violence or unlawful
means” shall be denied registration. This disqualification is
reiterated in Section 61 of B.P. 881, which provides that
“no political party which seeks to achieve its goal through
violence shall be entitled to accreditation.”
Violence is the unjust or unwarranted exercise of force,
usually with the accompaniment of vehemence, outrage or
fury.37 It also denotes physical force unlawfully exercised;
abuse of force; that force which is employed against
common right, against the laws, and against public
liberty.38 On the other hand, an unlawful act is one that is
contrary to law and need not be a crime, considering that
the latter must still unite with evil intent for it to exist.39
In the present case, the Oakwood incident was one that
was attended with violence. As publicly announced by the
leaders of MAGDALO during the siege, their objectives
were to express their dissatisfaction with the
administration of former President Arroyo, and to divulge
the alleged corruption in the military and the supposed
sale of arms to enemies of the state.40 Ultimately, they
wanted the President, her cabinet members, and the top
officials of the AFP and the
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36 Petition, Rollo, p. 19.
37 Black’s Law Dictionary, Sixth Ed., p. 1570.
38 Id.
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41 Id.
42 Petition, Rollo, pp. 1920.
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44 Id., at pp. 1215.
45 Cipriano v. Commission on Elections, 479 Phil. 677; 436 SCRA 45
(2004).
46 G.R. No. 169042, 5 October 2011, 658 SCRA 580.
47 Id., at pp. 611612.
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48 Miro v. Dosono, G.R. No. 170697, 30 April 2010, 619 SCRA 653, 660.
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49 Resolution dated 4 January 2010, pp. 45; Rollo, pp. 4041.
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50 395 Phil. 690; 341 SCRA 464 (2000), citing People v. Casido, 336
Phil. 344; 269 SCRA 360 (1997).
51 Id., at p. 699; p. 472.
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52 Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.
53 106 O.G. 7016 (Dec., 2010).
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54 107 O.G. 95 (Jan., 2011).
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