I am publishing the following complaint-affidavit of Alan F. Paguia against former Commission on Elections Commissioner Virgilio Garcillano and President Gloria Macapagal-Arroyo so that the public may know about the continuing crusade of Mr. Paguia in uncovering the truth, or should I say - in emphasizing the obvious truth about the electoral system of the Philippines.

SO THE PEOPLE MAY KNOW

Republic of the Philippines

COMMISSION ON ELECTIONS

Law Department

Manila

ALAN F. PAGUIA, EO Case No. __________________

Complainant, For: Investigation under Section 2, Article IX-C of the 1987 Philippine Constitution/Rule 34 (Comelec Rules of Procedure)

-versus-

VIRGILIO GARCILLANO

and GLORIA MACAPAGAL ARROYO,

Respondents.

x———————————————————————————————————x

COMPLAINT-AFFIDAVIT

COMPLAINANT

1. I, ALAN F. PAGUIA, of legal age, married, Filipino, lawyer, with residential address at 17 Dr. Lazcano Street, Quezon City, under oath, hereby state that:

RESPONDENTS

2. Respondent VIRGILIO GARCILLANO, of legal age, married, Filipino, with residence at Bukidnon, whose specific address is within the quasi-judicial notice of the Honorable Commission, is impleaded in this complaint for acts he had committed in his capacity as COMELEC Commissioner before, during and after the May 2004 presidential elections.

3. Respondent GLORIA MACAPAGAL ARROYO, of legal age, married, Filipino, with residential address at Malacañang Palace, Manila where she may be duly served with legal process, is impleaded in this complaint in her capacity as the apologetic Chief Executive and answering respondent in the complaint for impeachment filed against her by Atty. Oliver O. Lozano before the House of Representatives in 2005.

NATURE OF ACTION

4. This complaint seeks the Honorable Commission’s official investigation of the respondents for violation of election laws, including acts or omissions constituting election frauds, offenses, and malpractices under Article IX-C, Section 2, sub-par. 6, second clause (“The Commission on Elections shall exercise the following powers and functions: … investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.”) in relation to Section 3, Rule 34 of the Comelec Rules of Procedure.

MATERIAL FACTS

5. On June 8, 2005, Rep. Francis Escudero delivered a privilege speech before the House of Representatives citing recorded telephone conversations between respondent Garcillano and Gloria Macapagal Arroyo, wherein the two (2) communicants talked about and agreed to ensure the electoral victory of Mrs. Arroyo by at least one million (1,000,000) votes over her closest rival, Fernando Poe, Jr. (FPJ). A copy of the privilege speech is submitted herewith as Exhibit “A”.

6. On June 27, 2005, the recorded telephone conversations were publicly admitted and apologized for by Mrs. Arroyo in a speech aired over national radio and television, the complete text of which is submitted herewith as Exhibit “B”. On the same date, a complaint for impeachment against Mrs. Arroyo was filed with the House of Representatives by Atty. Oliver O. Lozano, a copy of which is submitted herewith as Exhibit “C”.

7. On June 28, 2005, Atty. Lozano filed with the House of Representatives his Supplemental Complaint for Impeachment versus Mrs. Arroyo, a copy of which is submitted herewith as Exhibit “D”. Congressional records show Atty. Lozano’s complaint (Exhibit “C”) and supplemental complaint (Exhibit “D”) were endorsed by Rep. Rodante D. Marcoleta by way of an undated one-page Resolution of Endorsement, a copy of which is submitted herewith as Exhibit “E”, and another one-page verification of his endorsement subscribed and sworn to on June 29, 2005, a copy of which is submitted herewith as Exhibit “F”.

8. On June 30, 2005, the joint committee hearing of the House of Representatives (Committees on Public Information, on Public Order and Safety, on National Defense and Security, on Information Communications Technology, and on Suffrage and Electoral Reforms) officially played the compact disc (CD) of herein complainant which contained the recording of the aforementioned telephone conversations between respondents Garcillano and Mrs. Arroyo. A copy of the said recorded telephone conversation made by herein complainant is submitted herewith as Exhibit “G”.

9. On July 4, 2005, complainant received a subpoena duces tecum, dated June 30, 2005, submitted herewith as Exhibit “H”, and a letter of invitation from the Committee on Public Information of the House of Representatives, dated July 4, 2004, submitted herewith as Exhibit “I”, which required complainant to testify and provide inputs to the joint committee hearings.

10. On July 18, 2005, Mrs. Arroyo duly filed her verified 13-page ANSWER EX ABUNDANTE AD CAUTELAM with the House of Representatives, with the following prayer for specific remedies:

“WHEREFORE, it is respectfully prayed that the Complaint for Impeachment dated 27 June 2005 and the Supplemental Complaint for Impeachment dated 28 June 2005 filed by Atty. Oliver O. Lozano, and endorsed by Rep. Rodante D. Marcoleta of the Alagad Party List in his Resolution of Endorsement dated 29 June 2005, be dismissed.

Other reliefs just and equitable under the premises are likewise prayed for.”

11. The recorded voice of respondent Garcillano was positively identified: (a) by Rep. Jun Macarambon during the official House proceedings where he admitted having had telephone conversations during the same material period with respondent Garcillano whom he referred to several times as “Commissioner Garci”; and (b) by respondent Mrs. Arroyo herself who referred to Commissioner Garcillano as “Garci” in Exhibit “G”.

12. The recorded voice of respondent Mrs. Arroyo and her recorded conversation with respondent Garcillano was admitted by her in Exhibits “B” and “J”.

13. The voices of both respondents are matters of public knowledge.

14. The voice of respondent Garcillano is personally known to his former co-Commissioners in the Comelec. It is within the mandatory quasi-judicial or judicial notice of the Honorable Commission.

SOLE ISSUE

15. WHETHER THE COMMISSION ON ELECTIONS, ON THE BASES OF EXHIBITS “A” TO “J”, SHOULD INVESTIGATE THE RESPONDENTS FOR ELECTION FRAUDS, OFFENSES AND MALPRACTICES IN ACCORDANCE WITH ITS DUTY UNDER SECTION 2, ARTICLE IX-C OF THE 1987 PHILIPPINE CONSTITUTION?

COMPLAINANT’S LEGAL POSITION

16. Complainant respectfully submits the issue should be resolved in the AFFIRMATIVE.

ARGUMENTS

17. When the respondents came to an agreement and decided to ensure the electoral victory of Mrs. Arroyo by at least one million (1,000,000) votes over her closest rival presidential candidate, they conspired by misrepresenting the final result of the elections in her favor.

18. Mrs. Arroyo has publicly admitted the existence of the issue of the tape recordings (Exhibit “G”).

19. She has officially admitted the public deserves an explanation from her (Exhibit “B”, second par.).

20. She has admitted having telephone conversations during the election canvassing process with Comelec official Garcillano whom she referred to in the recorded conversations as “Garci”.

21. Mrs. Arroyo has not denied it was her voice which was recorded conversing with respondent Garcillano in Exhibit “G”, in spite of so much opportunity to do so.

22. Her defense - to the effect that it was not her intent to influence the outcome of the election – is immaterial. Election offenses are covered by special laws which are mala prohibita. It is elementary in law that in mala prohibita offenses, intent is not an element.

23. Mrs. Arroyo has publicly admitted having committed the wrongful act of making a telephone call to respondent Comelec official Garcillano and discussing with him the protection of her votes and ensuring her margin by at least one million (1,000,000) votes over FPJ. She characterized her wrongful act as “a lapse in judgment” and publicly apologized as follows:

“Nagagambala ako. Maliwanag na may kakulangan sa wastong pagpapasya ang nangyaring pagtawag sa telepono. Pinagsisisihan ko ito ng lubos. Pinananagutan ko nang lubusan ang aking mga ginawa at humihingi ako ng tawad sa inyo, sa lahat ng mga butihing mamamayan na nabawasan ng tiwala dahil sa mga pangyayaring ito. …”

24. The verified answer (Exhibit “J”) was signed jointly by Mrs. Arroyo and her legal counsel, Atty. Pedro Ferrer. In other words, she had:

(a) publicly joined issues with Atty. Lozano’s complaint/supplemental complaint; and

(b) voluntarily submitted herself to the jurisdiction of the House of Representatives.

She has thereby waived any legal immunity from investigation; and is further estopped from invoking any such immunity.

25. The playing of Exhibit “G”, or the recorded telephone conversation between the respondents, in Congress constitutes an official act of the legislature, which is within the mandatory quasi-judicial notice of the Honorable Commission.

26. The public interest over the subject recorded telephone conversations necessarily prevails over any private interest.

PRAYER

PREMISES CONSIDERED, it is respectfully prayed that the Honorable Commission investigate the respondents in accordance with its duty under Section 2, Article IX-C of the 1987 Philippine Constitution and Rule 34, Comelec Rules of Procedure.

Complainant prays for other proper or just reliefs.

March 6, 2007.

(signed)

ALAN F. PAGUIA

Complainant

17 Dr. Lazcano Street, Quezon City

Roll of Attys. No. 32673

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I hereby certify that: I am the complainant in the foregoing complaint; I prepared the said complaint; I have read and understood its contents; and the same are true and correct of my own personal knowledge and based on authentic documents.

I further certify that I have not commenced any similar action involving the same parties, facts and issues, nor is there any similar proceeding pending, before any court or administrative agency. Should I learn of any such pending proceeding, I undertake to report the same and its status before this Honorable Commission within five (5) days therefrom.

(signed)

ALAN F. PAGUIA

Complainant

Republic of the Philippines)

Quezon City, Metro Manila) s. s.

Subscribed and sworn to before me this 6^th day of March 2007 by Alan F. Paguia with CTC No. 0755739, issued at Q.C. on January 19, 2007.

Doc. No. ____311_______;

Page No. _____64_______;

Book No. ______6_______;

Series of 2007.

LIST OF EXHIBITS

A - Rep. Francis Escudero’s privilege speech, dated June 8, 2005

B - GMA’s “I am sorry” speech, dated June 27, 2005

C - Atty. Lozano’s complaint, dated June 27, 2005

D - Supplemental Complaint, dated June 28, 2005

E - Resolution of Endorsement, undated

F - Verification of Endorsement, dated June 29, 2005

G - “Hello Garci” CD, 36-minute recording

H - Subpoena duces tecum, dated June 30, 2005

I - Letter of Invitation, dated July 4, 2005

J - GMA’s answer ex abundante ad cautelam, dated July 18, 2005