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REPUBLIC OF THE PHILIPPINES COMMISSION ON ELECTIONS LAW DEPARTMENT INTRAMUROS, MANILA

ATTY. MA. LEONOR GERONA-ROBREDO Plaintiff Special Action No. __________ -VSFor: Disqualification under Sec. 68 of the Omnibus Election Code ATTY. NELLY F. VILLAFUERTE , Defendant X -------------------------------------------- X

COMPLAINT FOR DISQUALIFICATION

COMES now, the plaintiff through the undersigned counsel and to this Honorable Office most respectfully states: 1. That plaintiff is of legal age, widow, Filipino citizen, a resident of Bulusan St. Dayangdang, Naga City and registered voter of Precinct 0248A, Barangay Tabuco, Naga City. She may be served with notices, orders, decisions and pleadings at the address of the undersigned counsel; 2. That defendant is likewise of legal age, married and a resident of Cor. Magsaysay Avenue and Basilica Road, Balatas, Naga City where she may be served with summons and other notices, orders, decisions, and pleadings; 3. That on October 3, 2012, defendant filed her certificate of candidacy for Representative of the Third Congressional District of Camarines Sur, for the national and local elections on May 13, 2013; 4. That defendant committed acts amounting to vote buying under section 261 paragraph A in relation to Section 68 of the Omnibus Election Code committed under the following circumstances: a.) Sometime in the early part of May 2013, the barangay leaders of the defendant in various barangays of Naga City went around the area and recruited people to join the National Peoples Coalition with a promise that those who will join will receive gifts/rewards from the defendant; b.) The Barangay Leader distributed application forms containing a pledge to support Nelly Villafuerte, Cho Roco and all their candidates for councilors in Naga City; c.) The names of those who were included in a list were advised to go to the residence of the defendant at Basilica Road, Balatas, Naga City on May 7 and 8, 2013. The Application form given was made to serve as a pass to the respondents residence; d.) Blank identification cards were given at the gate of the compound of the defendant which the applicants were required to fill out. The signatories of said ID cards were Cho Roco and Nelly Villafuerte. Their

names were printed in the same style as that with the ballot with shaded circle; e.) Thereafter sample ballots bearing the names of defendants candidates for Naga City including their flyers were given the applicants; f.) Applicants found not to be Naga City registered voters were sent home empty handed while those in the List of Registered Voters were led to an alleged seminar room. Inside said room, no seminar was conducted but instead the applicants were told to vote for Nelly Villafuerte, Cho Roco and the candidates under their ticket; g.) After which, the applicants were asked to line up in front of Spouses Luis and Nelly Villafuerte where they were given brown envelopes with the amount of P300.00 inside. As they leave the place, Nelly Villafuerte uttered the statement: Oh remember to vote for me; 6. That said act of giving money was intended to influence, induce or corrupt the voters, and make them vote for respondent Nelly Villafuerte; 7. That their actuations are violations of Section 261, paragraph A, as well Section 68 of the Omnibus Election Code and constitute a ground for disqualification under said legal provision; 8. The affidavits of two (2) recipients of the defendants money are hereto attached as Annexes A and B including their respective annexes and made integral parts hereof; 9. There are recorded videos taken during the conduct of vote buying inside the compound of the defendant in Basilica Road, Barangay Balatas, Naga City. A copy of the CD containing the videos is hereto attached as Annex C and made integral part hereof; 10. The herein plaintiff has already filed a criminal complaint in the Prosecutions Office of Naga City, the said act of vote-buying being an election offense punishable under section 264 of the Omnibus Election Code. A copy of the criminal complaint/sworn statement is hereto attached as Annex D and made an integral part hereof; 11. Section 264 of the Omnibus Election Code states Sec. 264.Penalties. - Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty. In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in Section 261, paragraph (n) of this Code, the director of prisons, provincial warden, keeper of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, be sentenced to suffer the penalty of prision mayor in its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation, terrorism of interference in the election.

Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined one hundred pesos. In addition, he shall suffer disqualification to run for public office in the next succeeding election following his convction or be appointed to a public office for a period of one year following his conviction. 12. Based on the attendant facts, circumstances and applicable law, the defendant is truly guilty and may rightly be rendered criminally liable for vote-buying under section 261-A in relation to 264 of the Omnibus Election Code; PRAYER WHEREFORE, premises considered, plaintiff respectfully prays that judgment be rendered by the Commission en Banc, after due notice and summary hearing: 1. Finding defendant to have given money to influence, induce or corrupt the voters to vote for him in blatant violation of Section 261, paragraph A and Section 68 of the Omnibus Election Code; 2. Declaring defendant disqualified to run or from continuing as a candidate for Representative for the Third Congressional District of Camarines Sur in the May 13, 2013 elections; 3. Directing the Board of Canvassers not to include her name in the Certificate of Canvass and considering all votes cast for her as stray votes; 4. Directing the Board of Canvassers, after finding that the evidence of guilt is strong and decision has not yet been rendered with finality, to suspend proclamation if defendant appears to be winning; 5. Directing the Board of Canvassers if the judgment of disqualification becomes final and executory before election day, to proclaim the candidate garnering the highest number of votes without defendant; and Plaintiff further prays for other reliefs which to this Honorable Office may appear just and equitable in the premises. Naga City for Manila. May 10, 2013.

ATTY. FE ROSARIO P. BUELVA

Counsel for Plaintiff Narra St., Mariano Village Subdivision Roll No. 37910 IBP No. 06920, Lifetime Member PTR No. 099265; January 4, 2013 MCLE No. 40007778, September 12, 2012

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, MA. LEONOR G. ROBREDO of legal age and with residence at Bulusan Street, Dayangdang, Naga City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above-entitled complaint; 2. That I caused the preparation of said complaint; 3. That I read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 4. That I have not therefore commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein EXCEPT the criminal complaint I filed with the City Prosecutions Office of Naga under V-05-INV-13E0343 and if I should thereafter learn that the same or similar action has been filed or is pending, I shall report that fact within five (5) days therefrom. Witness my hand this 10th day of May 2013 at Naga City, Philippines.

MA. LEONOR GERONA-ROBREDO Affiant SUBSCRIBED AND SWORN to before me this 10th day of May 2013, at Naga City, Philippines, the affiant exhibiting to me his Drivers License No. EO4-83002716 issued which will expire on April 23, 2015.

ATTY. LILIA REYTA-TONDO Roll No. 48617, February 9, 2004 IBP No. 818050, Lifetime Member PTR NO. 099265; January 4, 2013 Until December 31, 2013 Doc. No. 619 Page No. 124 Book No. V Series of: 2013.