Louis “Barok” Biraogo and the Justice Puno Exposé
January 13, 2009 by lisa
Filed under government & politics
Louis Biraogo, whom I have known since my undergraduate years in the University of the Philippines in Diliman, is now all over the news. He is currently involved in a HUGE controversy regarding alleged irregularities in the promulgation of a Supreme Court of the Philippines decision regarding a case before it with Congresswoman Jocelyn Sy Limkaichong, the Commission on Elections (COMELEC) and Louis Biraogo himself as litigants.
Also known as Barok, Louis and his best friend, Jeffrey Catotal, were both from Davao and they somehow looked like characters from the Flintstones, hence his nickname “Barok.” Personally, I have always called Louis by his last name “Biraogo.”
Researching Negros Oriental, for which I am creating a website, I came across news articles involving my old friend and decided to get inside information on the controversy from the “horse’s mouth.” Biraogo patiently explains his side of the story, in the simplest terms, so that folks coming in from the cold like myself could better understand the situation.
Now I know a whole lot more about the current scandal involving no less than the Chief Justice of the Supreme Court of the Philippines, Reynato S. Puno and this is simply too controversial not to write about.
There are other parties named involved here, too. As U.P Law student I also had the privilege of studying under both former UP Law Dean Pacifico Agabin (Administrative Law) as well as Associate Justice Antonio Carpio (Special Problems in Taxation), learning a lot from the latter on how to do “hidden wealth,” layer corporations, mergers and take advantage of international taxation laws. Of course, the First Gentleman,who always finds his name included in any controversy, is a cousin of my father’s.
Q & A: Louis Biraogo on the Supreme Court Controversy
What is this controversy all about?
It is about one Mrs. Jocelyn Sy Limkaichong, an alien who is currently sitting in the House of Representatives for the 2007-2010 term. Being an alien, she is disqualified from running for, much less, assuming a seat in the House of Representatives of the Congress of the Philippines. The first district of Negros Oriental is the congressional district involved, and Mrs. Limkaichong is with the Lakas party and is a staunch supporter of the administration of President Gloria Macapagal-Arroyo.
Why do you say that aliens are not allowed to hold congressional office?
The 1987 Constitution mandates that only natural-born citizens of the Philippines are qualified for membership in the House of Representatives.
Why do you say that Mrs. Limkaichong is an alien?
When Mrs. Limkaichong filed her certificate of candidacy in the summer of 2007, her opponents and several registered voters of the area sought her disqualification before the Commission on Elections (COMELEC) on the ground that she is an alien.
The records of that case reveal that on May 17, 2007, the second division of the COMELEC ruled that Mrs. Limkaichong is a Chinese national, and this ruling was upheld by the COMELEC en banc on June 29, 2007.
Mrs. Limkaichong failed to appeal that ruling to the Supreme Court within the five (5)-day period allowed her under the 1993 COMELEC Rules of Procedure. By reason of her failure to do so, and to borrow the language of the Office of the Solicitor General, she has been found to be an alien by final judgment rendered by competent authority.
Isn’t this a dispute exclusively between politicians in the first district of Negros Oriental?
My first impression was that the Limkaichong case concerns only politicians in the first district of Negros Oriental, and being so, I felt that they should paddle their own canoe without my help, so to speak. Later on, when I learned that Mrs. Limkaichong was to draw a salary and other financial benefits from public funds, I felt that I had to intervene to protect the public interest.
As a taxpayer who contributes to the public treasury, I have the legal right and personality to question the disbursement of public funds to pay for the salary and financial benefits of an alien like Mrs. Limkaichong. That is why I filed a petition in the Supreme Court for the purpose of enjoining the payment of public funds for the salary of an alien.
How do you feel about your fight with Mrs. Limkaichong?
I do not see my having filed a petition in the Supreme Court as a personal fight against Mrs. Limkaichong. Going to court to seek legal redress and to protect the public interest does not constitute a fight in my dictionary. Besides, I do not know Mrs. Limkaichong personally, and I believe she does not know me personally, either. If it were some other alien holding the office, I would still take legal action because public interest, not personality politics, is involved.
What is your petition in the Supreme Court all about?
As I said earlier, I filed my petition in the Supreme Court for the purpose of enjoining the payment of public funds for the salary of an alien in the person of Mrs. Limkaichong. Actually, there are four (4) petitions in the Supreme Court, all of which concern the citizenship issue against Mrs. Limkaichong, and they were consolidated.
The first petition is Limkaichong v. Comelec (G.R. Nos. 178831-32) where Mrs. Limkaichong sought to reverse the ruling of the COMELEC en banc declaring her an alien. Second in the list is my petition, Biraogo v. Nograles, et al. (G.R. No. 179120). The third petition is Vilando v. COMELEC (G.R. Nos. 179240-41) which is a suit brought by a group of registered voters from Negros Oriental. Fourth is Paras v. Nograles, et al. (G.R. Nos. 179132-133), the suit brought by the opponent of Mrs. Limkaichong.
Although these petitions raise different arguments, they essentially seek the same judicial relief, the ouster of Mrs. Limkaichong from the House of Representatives.
What happened to these petitions?
The bulk of the petitions were filed in the Supreme Court in February 2008. After the pertinent pleadings were filed by the parties, the consolidated cases were deemed submitted for decision sometime in June that year. In August 2008, the consolidated cases were heard in oral argument by the Supreme Court en banc. Thereafter, the consolidated cases were deemed submitted for decision a second time around.
Who are the lawyers representing the parties in the consolidated cases?
At the early stage of the legal controversy, Mrs. Limkaichong was represented by Atty. Pete Quirino Quadra. However, it was Atty. Pacifico Agabin, former dean of the U.P. College of Law, who argued her case during the oral arguments. I was represented by my longtime lawyer, Atty. Victor C. Avecilla, throughout the proceedings, while the other parties were represented by Attys. Roberto Abad, George Briones and Alfredo Villamor. The COMELEC was represented by the Office of the Solicitor General. Assistant Solicitor General Renan Ramos represented his office for the first time during the oral arguments.
How did the Supreme Court rule in these consolidated cases?
On July 15, 2008, the Supreme Court en banc decided the four (4) consolidated cases against Mrs. Limkaichong by upholding the ruling of the COMELEC to the effect that she is an alien.
The decision was actually unanimous, with Mr. Justice Ruben Reyes as ponente or writer of the opinion of the Court. The Justices were one in their conclusion that Mrs. Limkaichong is an alien disqualified from membership in the House of Representatives.
Unfortunately, the decision was not promulgated and a series of irregularities took place which derailed everything.
We just...
my opinion 2 tht is i hv full trust and confidence of SC besides f mr.barok o biraoga’s accusations were all reliable o true brilliant as some associate justices will never allow such allegations he mentioned at al…thats it…believe me d people of Negros Oriental love this amateur congresswomen whos integrity and status in d province not only but to the entire island of negros is unquestioned because they sy-limkaichong are not born politicians neither they relay much on politics they are bussinessmen …serving entirely,sacrificing for chnage….
Lisa, coming in the heels of the Alabang drug news, it couldn’t get more depressing. Here in the ‘pines, it’s not about right or wrong, it’s who one knows.
Welcome Poke,
I can believe her constituents like her. In Baguio, Jun Labo was well-loved and garnered the highest number of votes for mayor but he was disqualified from holding public office because he was found to be an Australian at that time. If your congresswoman is not an alien, despite the Comelec ruling, then the Supreme Court simply has to say so. But they have to say so with REGULARITY and FINALITY.
The issue being raised by Louis Biraogo is that he has evidence of an unpromulgated decision that she is an alien signed by 14 justices 5 months earlier, and the Supreme Court “changed its mind.” He is questioning this irregularity. This is important for the Filipino people. Our Supreme Court is the final authority. We Filipinos have to be assured that the gentlemen and ladies holding their esteemed positions cannot and will not be influenced by anything or anyone other than justice and the law. They must be above reproach!
Hi Resty,
I know! I was just at a meeting yesterday with a man who had a better and cheaper plan for garbage hauling but someone else got the contract. Seems the kickback now required is 50%!
This patronage is so feudal. We may no longer be tenants in the farms, toiling away for the landowners, but we are still treated like tenants (who are satisfied with owning little plots of land), toiling away to line the pockets of a few people in political power.
Honestly, considering who I know, that is still not the way I choose to do business.
Hi! I came across your interesting blog.
All I can say is that you have no idea of the evil that lurks within Jing Paras and his manipulative mind. please research more about him and his family and why they are so desperate to have Josy out of the picture. Jing gambles around 4 million pesos a day in the Casino as exposed by Tulfo. When he was congressman, he would blackmail corporations to give him money or else he would make a privilige speeches against them in the house floor. In the year 2000, his family lost around P150 million in the ASB bank scam as exposed by Boo Chanco of the Philippine Star (makes you wonder where they got the money knowing his family used to take public buses for transportation in the 80s). He is the brains behind all the killings of Josy’s supporters in the district. he knows he has no chance against Josy in 2010.
all of this brouhaha stems from papers he himself interpreted back in 1959 regarding the citizenship of Josy’s father in which no court has even questioned up til today. please read this:
http://osg.gov.ph/default.asp?id=1&mnu=1&ACT=5&content=156 directly from the Office of the Solicitor General.
jing and his family has been in politics in the last 20 years and has made enough connections in Manila to know how to get what they want. josy is a neophyte and has the purest heart. she is more Filipino than Jing Paras will ever be.
justice puno was doing right not to promulgate a draft that was very questionable. as exposed by marites vitug of abs-cbnnews and newsbreak, Why did Justice Reyes make a draft decision on june 12 when not any of the litigants (both parties) have submitted their arguments to the Supreme Court yet? Supreme court records show that the arguments for this case was submitted on June 15, 20 and 27. How did Justice Reyes come up with such an argument disqualifying Josy Limkaichong without even knowing what the case was about?
I just hope this will shed more light into your expose regarding the issue. God bless.
Hi Negrense,
The Supreme Court came up with a decision disqualifying her based on a COMELEC decision. It was a matter of affirming or rejecting it. The funny thing is that the COMELEC changed its position when a new lawyer was sent by the Office of the Solicitor General to represent it. This is why there were conflicting pleading put before the Supreme Court.
By the way I know all about Jing Paras, even how his moves to turn his hometown Guihulngan into a city was reversed recently by the Supreme Court for failing to meet the requirements for cityhood (just goes to show how he works). The case between his wife and Congresswoman Limkaichong is not the subject of this post. It is merely the case that sits before the Supreme Court which has started this new controversy.
It is the regularity of the behavior of the Supreme Court that Louis Biraogo is questioning and for which he is in danger of going to jail.
But we Filipinos must be assured that the Supreme Court is above the influence of any powerful persons, that their behavior is without question above reproach. It is bad enough that they have allowed themselves to reverse their decisions under certain circumstances. It is not a question of whether they can reverse themselves, honestly. It is a question of whether they should.
I am not comfortable with a Supreme Court that changes its mind.
Hi Lisa,
I respect your view of being “not comfortable” with a Supreme Court that changes its mind. But there is still no promulgation yet. So the draft by Justice Ruben Reyes is still a draft. So therefore, the Supreme Court never came out with an official promulgated decision yet for them “to change its mind.” And Justice Reyes himself admitted there is no wrong doing in what Chief Justice Puno did.
I know that Louis Biraogo is a friend of yours since your college days, but why is he so aggressive to reveal to the public through the press a confidential and unpromulgated decision (obviously favoring them) that holds no water? The Supreme Court still has not yet released its official promulgated decision. Maybe, after this is released then Mr. Biraogo could then accept the promulgation or file a motion for reconsideration.
There are legal and acceptable options to express retaliation to a decision. Out of respect and being a litigant and a privy to the case he should have just waited for the official decision to come out. But instead he went to the press releasing unpromulgated documents claiming a concerned SC employee sent to his house in Laguna.
There is really something fishy why Justice Reyes already had a penned decision without receiving any official documents regarding the case from both parties. Justice Reyes could surely give Madam Auring a run for her money. He is that clairvoyant that he can write decisions without reviewing the case first. Now that is scary. Hope to see Justice Reyes retire in Quiapo with the other fortune tellers since he is so good in predicting.
Hi Negrense,
Justice Reyes already wrote a decision based on pleadings submitted to the court. He was tasked by the other justices to do so, except that seven of them only agreed on the result not the rationale.
It was the irregularity of the OSG lawyer reversing a prior Comelec stand (as represented by a previous OSG lawyer) that prompted oral arguments after a decision was already up for promulgation, signed by all the justices except the chief justice. So one still has to ask, why did the OSG argue against its client?
I appreciate all this for the opportunities to show the inner workings of our Supreme Court and lawyers. That Biraogo is risking his freedom for this purpose, that’s the risk he is taking for reasons known to him.
Now, I feel that we have to know all sides of any issue, especially something that is so important as how the men and women who have a final say on questions of law behave. It is something I wish for folks to be aware of. A lot has been written about the issue as news and editorials, and I have included links to these articles for site visitors to check out, too.
If you will notice, I am not making any judgments as to whether or not Biraogo should be cited for contempt. But that I will publish his answers to my questions regarding the issue, I will — just as you are free to say in this forum anything you do not like about Jing Paras or love about Congresswoman Limkaichong.
It seems you are more concern with legalities being a lawyer. But can you give justice to the people of the first district of Negros Oriental by pursuing this path? What we need here is a representative that truly serves the people not plunder the wealth towards personal interest.
Hi Steven,
I am not a lawyer, although I know a lot about the law. And if you must know, I love Negros Oriental, and recently have been truly and passionately enamored of the place. My uncle, Tuting Perdices is mayor of Dumaguete City, and I have no fondness for Jing Paras.
I am actually in Dumaguete today, on my third long visit in two years. I was just talking to my cousin Lizza Perdices about it and she says, “No one in Negros Oriental cares about the issues, they just love Congresswoman Limkaichiong.” I said I can understand that but the issue before us now is not whether she is qualified to hold her seat in Congress. That’s just the case that started this whole thing.
I still insist, for the sake of the whole Philippines, and not just the places close to my heart, to have a Supreme Court that acts honorably, whose actions are above reproach.
Should Biraogo have preempted the decision with his expose? Let the courts of public opinion decide. Did he behave in a contemptuous manner? Well, the Supreme Court will decide that.
Should Lisa A. ventilate the issue because it concerns all Filipinos? YES.
YES !!!I strongly agree with you Liza !
Hi Meniong!
I just got back from Dumaguete (lovely, lovely place Negros Oriental is!) — and remember my cousin Tincho mentioning your name several times. Too bad I didn’t have the pleasure of meeting you, sir.
Thanks for dropping by and taking the time to place a comment.
sorry for breaking the thread, but I just cant help but ask about Jeffrey F. Catotal. I’m from UP Veterinary Medical Students’ Society (UP VetSoc) formerly known as UP Veterinary Medical Society (UP VMS) in UP Diliman. Can anyone give me any contact detail of Jeffrey F. Catotal, he is one of our founding fathers and we would be filled with much joy if we can get in touch with him..
Thanks and my sincerest apologies..
part mura man ka ug nasilawan ana kadato o kwarta ana mga insik. wala man nimo huna-hunaa gi unsa imo mga manghod. brod pagmata na kuno mobalik man siguro ka ug pagka sanguniang bayan member. mang hina-ot lang ko brod nga mo da-og ka nga dili naka magpa galong sama lang gihapon sa-una.