Republic of the SUPREME COURT

En Banc

Bagong Alyansang (BAYAN) Secretary General RENATO M. REYES, JR., BAYAN Chairperson MARIA CAROLINA P. ARAULLO, Movement Against Tyranny Convenor GUILLERMINA “SISTER MARY JOHN” G.R. No. 252733 MANANZAN, OSB, et. al., For: Certiorari with Petitioners, Prohibition with Prayer for Status Quo Ante Order or Temporary Restraining - versus - Order and/or Writ of Preliminary Injunction

H.E. RODRIGO R. DUTERTE, et. al., Respondents. x------x

COMPLIANCE AND MANIFESTATION

PETITIONERS, through counsel and unto this Honorable Court, respectfully state that:

1. On November 10, 2020, the undersigned counsel received via electronic mail a copy of the Notice dated November 5, 2020 requiring petitioners to move in the premises within a non-extendible period of five (5) working days from receipt thereof. Reckoned from the date of receipt, excluding the two-day work suspension declared by this Honorable Court last week due to typhoon Ulysses, this Compliance and Manifestation is being filed within the prescribed period.

2. The premises stated in Petitioners’ Manifestation with Omnibus Motion dated October 26, 2020 enabled by the effectivity of RA 11479 or “The Anti-Terrorism Act of 2020” continue to exist and assail the people’s basic rights and freedoms, such as the right to due process, right against illegal arrests and arbitrary searches and seizures, freedom of speech and expression, freedom of association, and the right to peaceably assemble and petition the government for redress of grievances.

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3. Petitioners are now informing the Honorable Court of the available details of the first publicly known direct injury case of the Anti- Terrorism Act, which happened to take place even prior to the issuance of the Implementing Rules and Regulations (IRR).

4. On August 21, 2020, a group of Aetas were making their way down the mountain in Sitio Lumibao, Brgy. Buhawen, San Marcelino, Zambales. Rosalyn Urbano, a minor, her uncle Manuel Ramos and brother Junior Ramos, husband Jay Garung, and Kiray Serrano, also a minor, were accosted by elements of the 7th Infantry Division of the Philippine Army and falsely accused of being members of the New People’s Army (NPA).1 Firearms and explosives were also planted on the victims, who were evacuating due to intense military operations and continued bombings in their ancestral lands. They are all civilians.

5. Some of the victims were tortured, fed with human feces and were later charged with violation of Section 4(a) of RA 11479, among other crimes. Since their arrest, they have been detained at the Olongapo City Jail. A copy of the Information filed against Garung, Ramos and other John Does before the Regional Trial Court (RTC) of Olongapo City, Branch 97 is attached hereto as Annex “A.”

6. Threats of impending prosecution, designation, proscription, surveillance, and other sanctioned invasions of rights and liberties under RA 11479 have worsened since Petitioners filed their Manifestation last October 26, 2020.

7. In their Manifestation, Petitioners cited the issuance of the IRR of RA 11479 on October 14, 2020, and its publication in two (2) newspapers of general circulation on October 17, 2020. The IRR adopted the same unconstitutional and objectionable provisions of the Anti-Terrorism Act and expanded its scope and application. It even introduced provisos not in the law itself.

8. Days after the issuance of the IRR, Lt. Gen. Antonio Parlade, spokesperson of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and chief of the Armed Forces of the Philippines (AFP) Southern Luzon command, revealed in his media interviews that Atty. , himself a petitioner and counsel in similar pending petitions against the Anti-Terrorism Act, and members of the Makabayang Koalisyon ng Mamamayan (Makabayan) bloc at the House of Representatives are under

1 See the press statement “After torture and illegal detention; Aytas first ‘terrorists’ charged under Anti-Terror” published by the Sandugo - Movement of Moro and Indigenous Peoples for Self- Determination Law, https://www.facebook.com/SandugoNatMin/posts/after-torture-and-illegal- detentionaytas-first-terrorists-charged-under-anti-ter/1295823857438310/, last accessed November 18, 2020.

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surveillance for allegedly being members of the Communist Party of the Philippines (CPP). 2

9. When asked why Colmenares and other members of are under surveillance, Parlade said in an interview with the ABS-CBN News Channel’s (ANC) Karen Davila on October 26, 2020 that: “…because we have this anti-terror law now, it’s actually in effect and we have to do our job to make sure that we are focusing on the right persons and we are properly implementing the law and part of that is to make sure that we have a strong case against people, against organizations, who by the way has been declared as terrorist organization pursuant to Presidential Proclamation 374, series of 2017 declaring the CPP NPA NDF as a terrorist organization. So now we have the IRR out there…and we have to make sure that we do our assignment well.”3

10. A quick review of the Presidential Proclamation No. 374, however, shows that it only pertained to the Communist Party of the Philippines (CPP) and the NPA as designated/identified terrorist organizations under Republic Act No. 10168, or the “Terrorism Financing Prevention and Suppression Act of 2012.” The Makabayan Bloc was not mentioned in the proclamation.4

11. Asked again what evidence they have against Colmenares, Parlade failed to cite any proof and just continued to engage in unsubstantiated and groundless red-tagging. He reiterated that the surveillance was to “make sure that we have enough of this piece of evidence because the people are clamoring, why these people have not been charged despite the fact that they’ve been involved in so many terrorist organizations, despite the fact that the CPP NPA links are very pronounced.” 5 How those links are supposedly pronounced, Parlade failed to demonstrate in this interview.

12. Parlade also admitted that the military has been engaged in surveillance even before the enactment of Anti-Terrorism Act. When asked if they sought a judicial order to conduct surveillance pursuant to Section 17 of the Anti-Terrorism Act, Parlade then insisted that the AFP’s so-called “intelligence surveillance” differs from “legal surveillance” under RA 11479. How different “intelligence surveillance” is from “legal surveillance” again escapes us.

2 Christia Marie Ramos, “Parlade: Colmenares, Makabayan bloc members under surveillance”, Inquirer.net, October 26, 2020, at https://newsinfo.inquirer.net/1352525/colmenares-makabayan- bloc-members-under-surveillance-says-parlade, last accessed November 14, 2020. 3ANC 24/7, “PH anti-communist task force puts Bayan Muna members under surveillance”, October 26, 2020, at https://www.youtube.com/watch?v=SiCrYCne9Jo, last accessed November 15, 2020. 4 Proclamation No. 374, s. 2017, https://www.officialgazette.gov.ph/downloads/2017/12dec/20171205-PROC-374-RRD.pdf. 5 Supra note 2.

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13. A day earlier, over dzBB’s Teleradyo, Parlade stated that: “Neri Colmenares, he’s under surveillance. Let me tell you, now that we have the Anti-Terror Law, it won’t take long. Once the proscription of these organizations comes out...the judiciary will be designating them as terrorist organizations.”6

14. Parlade vowed to continue his vilification, saying:

This is not my opinion. This is the NTF-ELCAC position on these issues. It just so happens I'm the one speaking right now. I'm just one of the spokespersons. This is beyond me. Our chairman is the President. Will I stop what I'm doing? Of course not.7

15. Parlade had been criticized for his warning against actress Liza Soberano after the latter spoke in a forum on the rights of women and girls organized by GABRIELA Youth.8 He similarly warned Miss Universe 2018 Catriona Gray and actress Angel Locsin for associating with progressive groups.

16. Particularly, Parlade has been adamant in pressing Locsin as he baselessly accused the latter’s sister Ella Colmenares of being a CPP member on account of her former membership in youth organization League of Filipino Students (LFS).9

17. The recurrent and systematic red-tagging by members of the NTF-ELCAC led to the filing of Senate Resolution 559 by Senator Panfilo Lacson to exercise Senate “oversight authority on the issue of red tagging/red-baiting of certain celebrities, personalities, institutions, and organizations.”

18. During the Senate Committee on National Defense and Security, Peace, Unification and Reconciliation’s hearing on red- tagging on November 3, 2020, members of the NTF-ELCAC revealed that they have been targeting progressive party-lists and non- governmental organizations for allegedly being “legal fronts” of the CPP.

19. For example, NICA Director General Alex Paul Monteagudo said that they have created a “watch list of funding

6 Franco Luna, “’I won’t stop’: Parlade red-tags Colmenares anew”, Philstar.com, October 25, 2020, https://www.philstar.com/headlines/2020/10/25/2052197/i-wont-stop-parlade-red-tags- colmenares-anew, last accessed November 14, 2020. 7 Id. 8 Rambo Talabong, “Parlade warns Liza Soberano on supporting Gabriela: ‘You will suffer the same fate’ of those killed”, Rappler.com, October 22, 2020, at https://www.rappler.com/nation/parlade- warns-liza-soberano-supporting-gabriela-youth, last accessed November 15, 2020. 9 Supra note 4.

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sources” of the CPP-NPA. Monteagudo discussed the interventions done by the government’s security sector in trying to cut off funding to alleged legal front organizations, such as submitting reports to the European Union and other funding agencies and accusing NGOs without any proof as being engaged in “triple funding” and funneling funds to the CPP.10 A copy of the Transcript of Stenographic Notes (TSN) taken during this Senate hearing is attached hereto as Annex “B.”

20. In the same Senate hearing, the NTF-ELCAC presented alleged former members of the CPP including Jeffrey Celiz, who calls himself “Ka Eric”, Joy James Saguino or “Ka Amihan,” Lady Miranda, and Rey Christian Sabado. These government witnesses alleged that when they were still cadres of the CPP and NPA, they encountered former and current representatives of Makabayan bloc partylists and members of legitimate organizations in the underground movement.

21. Here, Celiz and Parlade continued to attack Ella Colmenares throughout the hearing. At one point, Parlade explained that he did not say that Locsin is an NPA member but then added that he hoped Locsin admits that her sister is an NPA member. Without an iota of evidence, Parlade insisted that Locsin knows her sister Ella is an NPA member:

MR. PARLADE. Yes, sir. At sana hindi na siya magsinungaling na si Ella Colmenares ay hindi NPA dahil talagang NPA si Ella Colmenares.

THE CHAIRPERSON. Or she may not know that. I am not trying to defend her pero she may not know that and you wouldn’t know that for a fact na hindi niya alam or alam niya, hindi ba?

MR. PARLADE. I know that she knows.

THE CHAIRPERSON. Okay. I’ll leave it to you.11

22. What was clear in the Senate hearing is the admissions of these agencies, its officials, and its key witness that they do not have evidence that can prove their accusations in court. This is apparent in Celiz’s statement that:

And then ngayon, hindi sila haharap dito sa amin para magkonprontohan dahil iniiwas nila

10 TSN of the Senate Committee on National Defense and Security, Peace, Unification and Reconciliation hearing on November 3, 2020, 171-172. 11 Id. at 260.

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ang issue. Dalhin na lang daw sa korte. Sa korte, iba ang rules of evidence. Dito sa Senate, as a public opinion, ito ang tamang korte pertaining to this kind of modus operandi. And we’re thankful for this opportunity not only for you Senator Ping and Senate President but this is for the people na lantaran na ito.12

23. Celiz also tried to excuse the lack of evidence by saying that:

Mr. Chair, that is one aspect that the government finds it very hard to file cases legally in court because there is the nature of compartmentalization, strict code system, and once you asked questions pertaining to violations doon sa security protocols, you will be suspected as a spy kaya iniiwasan po namin iyan. If you are not entitled and allowed to hold documents, pagdududahan ka po kapag nagkuha ka ng dokumento.”13

24. Asked about any documentary or object evidence about the supposed manipulation of party-list groups by CPP, Celiz failed to present any claiming that he needed “clearance”:

THE CHAIRPERSON. And the security sector has not gotten hold of any similar document?

MR. CELIZ. Related to this testimony?

THE CHAIRPERSON. Yes. Iyong sinasabi niyang dokumento na memong ibinababa, because that is material and that is material evidence. If you don’t have that, then you don’t have any evidence, hindi ba? Aside, of course, from testimonies or testimonial evidence. Pero kung iyong testimonial evidence will be supported by the documentary evidence, meaning, probably iyong memo na ibinababa if you have not gotten hold of that document, then you cannot prove—at least, you cannot convince the court na mayroon talagang link between the party-list groups and the CPP.

12 Id. at 201. 13 Id. at 235-236.

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MR. CELIZ. In that note, Mr. Chair, Mr. Senator Ping Lacson, and Mr. Senate President, we have documents. I think hindi lang kayang i- present dito. I will give a hint.

THE CHAIRPERSON. What kind of documents?

MR. CELIZ. Central committee document order related to the campaign for implementation of party-list. Yes.

THE CHAIRPERSON. You have that?

MR. CELIZ. Yes. Captured enemy materials set off during encounters with the--

THE CHAIRPERSON. Why can’t you share that with the Committee? Why can’t you discuss it openly? Why?

MR. CELIZ. It needs clearance, Mr. Chair.

THE CHAIRPERSON. Clearance from whom?

MR. CELIZ. Security clearance from the Armed Forces, because they have to process that first. If you will ask me the document--

THE CHAIRPERSON. It is a vital piece of evidence, why keep it from, you know--

MR. MONTEAGUDO. Mr. Chairman, actually we have declassified a lot of documents. Maybe for this one we can also do the same.

THE CHAIRPERSON. I am just wondering why you will treat that as a classified document. Why not put it into good use?

MR. MONTEAGUDO. That was actually a--

THE CHAIRPERSON. That could actually convince us—the Senate President, myself and the other senators—that what you are saying all along totoo, hindi ba?

MR. MONTEAGUDO. Yes, sir.

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THE CHAIRPERSON. Kasi as of now, talagang puro words iyong naririnig natin, testimonies. Of course, I am not saying that we are doubting them because galing sila sa loob. Pero, hindi ba, what more could convince us kung mayroong document that could buttress, hindi ba, iyong testimonies na pinapahayag dito?

MR. MONTEAGUDO. Yes, sir.

MR. ESPERON. Mr. Chairman.

MR. MONTEAGUDO. We have the document.

THE CHAIRPERSON. And even maski in the form of submission to the Committee. Anyway, ang security clearance namin mataas, kaming mga senador.

MR. ESPERON. We will discuss that and I am sure the outcome would be we will submit it to you if required. We will submit the document if required.

THE CHAIRPERSON. Kasi nga ang challenge as contained in the letter and even in media, ang challenge, prove. You provide the evidence that would show that iyong mga party-list, iyong mga legal fronts ay talagang affiliated or under ng CPP, at least.14

25. It also appears that the supposed evidence they would be presenting to the Senate are fruits of the poisonous tree:

THE CHAIRPERSON. How about the chain of custody, well-established?

MR. MONTEAGUDO. That is one actually of the problem, sir, on the legal aspect, on the chain of custody because…

THE CHAIRPERSON. Baka naman illegally obtained, filler na lang iyan.

14 Id. at 238-240.

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MR. MONTEAGUDO. …some of the procedures were not followed before. Some of the documents—

THE CHAIRPERSON. Baka illegally obtained iyan, Alex? Baka hinack (hack) ninyo lang so kayo pa ang makasuhan under the RA—

MR. MONTEAGUDO. It’s really a challenge, sir, between the investigation and intelligence.

THE CHAIRPERSON. Yes, kung recovered in a raid covered by search warrant, well that is evidence, hindi ba?

MR. MONTEAGUDO. Yes, sir.

THE CHAIRPERSON. Covered ng search warrant or kung nakuha ninyo by virtue of a court authorization applied by any of the units ng Armed Forces or the PNP, then it is valid unless ongoing pa iyong monitoring ninyo na covered ng court authorization.

MR. MONTEAGUDO. Some are through special projects which, of course, will put the access agent in jeopardy if we reveal. So that is why there are still some information that we may not produce, sir.15

26. Apparent from the above excerpts is that the government’s task force and its member agencies have been engaging in vilification and harassment of civil society workers, human rights defenders, activists and opposition figures because they cannot precisely prove their accusations in court.

27. These baseless attacks by public officers against human rights defenders, civil society members, opposition figures, and even media organizations have continued amid the natural disasters experienced by the country in the past weeks.

28. After the onslaught of Typhoon Ulyses, another NTF- ELCAC member baselessly and erroneously tagged herein petitioner and former Bayan Muna Party-list representative Teddy Casiño as a member of the CPP-NPA-NDF.

15 Id. at 242.

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29. On November 13, 2020, Usec. Lorraine Marie T. Badoy of the Presidential Communications Operations Office publicly posted her letter to the parents of Grade 12 students of La Salle Greenhills in social media platform Facebook:

Teddy Casiño's co-parent in La Salle Greenhills sent me a screenshot of Ka Teddy's panawagan for donations and asked my opinion that he could share with their group. So here goes—

Dear parents of Grade 12 LSGH,

Teddy Casiño is a high ranking party member of the CPP NPA NDF Central Committee- a group that is a declared terrorist group by virtue of Proc 374 series 2017.

He was, at one time, a Representative of the Makabayan Bloc in Congress. And has gone on record to defend the terrorist New People's Army (the armed component of the CPP NPA NDF) calling them “a group we RECOGNIZE AND RESPECT... as a revolutionary movement of the oppressed peoples and classes.”

What all these mean is that Teddy Casiño is one of this terrorist group's hardliners- someone Joma Sison (another declared terrorist) handpicked to sit in Congress because he can be counted on to make sure the CPP NPA NDF's one main goal is met and this is the weakening of government to the point of destruction so our democracy can be replaced with .

Teddy Casiño, bec he is hardline CPP NPA NDF, is one of its most expert deceivers, adept at hiding behind masks and quite good at looking decent and respectable.

He is an expert with word play so that words he uses are the very opposite of what it means.

In other words, Teddy Casiño is a liar.

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He pretends to be awash with noble advocacies like social justice and human rights but in fact, enables the horrific abuse of these.

He exploits the good hearts and nobility of people like you because this is the ethos of the terrorist CPP NPA NDF. And they do it to fund and support terrorism in our country.

Calamities such as Yolanda, the Taal Volcano eruption and this typhoon is nothing more than an opportunity for these violent extremists to shore up their dwindling resources.

So if I were you, I would steer clear of Teddy Casiño.

And for chrissakes, don't let any of your children near him or any of his associates.

Teddy Casiño and the CPP NPA NDF are thieves who first steal our children's brave dreams from them and then their bright futures and then their lives.

DO NOT, I repeat, DO NOT under any circumstance, let Teddy Casiño near your children.

Your children might not live to see the day you regret it.16

30. On the same date, Badoy baselessly vilified CNN Philippines for reposting the call for donations of LFS.17 Badoy posted the following in Facebook:

CNN tweeting and retweeting the call for donations of LFS- a known front of the terrorist CPP NPA NDF. Wassup, CNN?? Is it true there is a LFS/CEGP cell inside CNN?  (Emojis removed)18

16 https://www.facebook.com/745389833/posts/10158749642934834/?d=n, last accessed November 18, 2020. 17 Aika Rey, “Red-tagging Badoy does it again, this time with CNN Philippines”, CNN Philippines, November 15, 2020, https://www.rappler.com/nation/red-tagger-badoy-does-it-again-cnn- philippines, last accessed November 15, 2020. 18 See https://www.facebook.com/745389833/posts/10158748796904834/?d=n, last accessed November 15, 2020.

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31. CNN Philippines issued a statement “strongly object(ing) to this misplaced and baseless allusion.” It stated: “We believe the back- to-back storms that ravaged our country serve as an opportunity to rise up from the ruins and practice the Filipino spirit of ‘Bayanihan’ in whatever capacity we can, rather than foray into red-tagging that will only sow disunity.”19

32. Most recently, Badoy called Colmenares, concurrently the chairperson of the undersigned counsels’ law group, a “high ranking party member of the CPP NPA NDF Central Committee” and the “worst and most noxious human rights offender in this country,” in reaction to the 2020 IBA Award for Outstanding Contribution to Human Rights awarded by the International Bar Association (IBA) to Atty. Colmenares. On November 17, 2020, she reposted in Facebook a poster published by the Integrated Bar of the Philippines (IBP) congratulating Atty. Colmenares for the “well-deserved recognition.”20 She said:

The Integrated (sic) Bar Association gave an award to high ranking party member of the CPP NPA NDF Central Committee member, Neri Colmenares, for his “outstanding contribution to human rights.”

This man who is part of the National Front Commission of the CPP NPA NDF responsible, basically, for creating masks via their fronts and party lists and broad alliances so that the CPP NPA NDF can freely move around, stealing our children under our noses (via fronts)- a vast number of them minors.

The training of child warriors.

The massacres of tribal leaders.

The theft of their ancestral domains.

The heartless abuse and exploitation of our indigenous brothers and sisters

On and on and on.

19 CNN Philippines’ official statement on the social media remarks of PCOO Undersecretary for New Media Lorraine Marie T. Badoy, https://twitter.com/cnnphilippines/status/1327598933762207744, last accessed November 15, 2020. 20 https://www.facebook.com/lorraine.badoy/posts/10158758067849834, last accessed November 18, 2020.

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This man is one of the chief implementers of grief and destruction of our country.

One of the worst and most noxious human rights offender in this country.

Has been given an award for his contribution to human rights.

What kind of animal is this Integrated Bar Association?

33. These baseless, blatant, and damaging vilification and red- tagging by those who are key components of the Anti-Terrorism Council have escalated the petitioners’ well-founded fear that RA 11479 and its unbridled power of designation will be used arbitrarily, without recognition of the principles of due process, presumption of innocence and basic rules of evidence.

34. In view of these incidents, petitioners reiterate their prayers for injunctive reliefs and the nullification of the Anti-Terrorism Act as well as its Implementing Rules and Regulations, which have all become even more urgent and imperative.

PRAYER

WHEREFORE, the foregoing premises considered, the petitioners most respectfully pray that this Compliance and Manifestation be NOTED.

Other just and equitable reliefs are likewise prayed for.

Quezon City for the City of Manila, November 18, 2020.

NATIONAL UNION OF PEOPLES’ LAWYERS (NUPL) Counsel for Petitioners BAYAN Secretary General Renato Reyes, et. al. 3/F Erythrina Building, 1 Maaralin corner Matatag Streets, Barangay Central, 1100 Telefax no.: (632) 8920-6660 Email address: [email protected]

By:

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EDRE U. OLALIA Roll of Attorneys No. 36971 IBP No.111865; 01/22/2020; RSM PTR No. 9400708C; 01/09/2020; Quezon City MCLE Compliance No. VI-0022918; 03/29/2019

EPHRAIM B. CORTEZ Roll of Attorneys No. 41366 IBP No.111864; 01/22/2020; Isabela PTR No. 9400710C; 01/09/2020; Quezon City MCLE Compliance No. VI-0024265; 04/08/2019

RENE C. ESTOCAPIO Roll of Attorney No. 56433 PTR No.6928927; 01/03/20/Iloilo City IBP No. (paid/receipt is not yet available); 01/03/20; Iloilo Chapter MCLE Compliance No.VI-0015253 valid until April 14, 2022

ANGELO KARLO T. GUILLEN Roll of Attorneys No. 62919, May 6, 2014 IBP Lifetime No. 1067693; 01/10/2017; Iloilo City PTR No. 6928962; 01/03/2020; Iloilo City MCLE Compliance No. VI-0010294; 06/18/2018

JOSALEE S. DEINLA Roll of Attorneys No. 64967 IBP No. 111869; 01/22/20; Quezon City PTR No. 9400711C; 01/09/20; Quezon City MCLE Compliance No. VI-0022839; 03/29/2019

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FRANK LLOYD B. TIONGSON Roll of Attorneys No. 64966 IBP No. 112783; 01/10/2020; Quezon City PTR No. 9343528C; 01/06/20; Quezon City MCLE Compliance No. VI-0022976; 03/29/19

KATHERINE A. PANGUBAN Roll of Attorneys No. 65486 IBP No.111868; 01/22/2020; RSM PTR No. 9400712C; 01/09/20; Quezon City MCLE Compliance No. VI-0022926; 03/29/2019

MELANIE Y. PINLAC Roll of Attorneys No. 73607 IBP No.101200; 01/06/2020; Manila PTR No. 9463051C; 01/14/20; Quezon City MCLE Compliance not yet required (admitted to the Bar 2019)

HILTON A. LAZO Roll of Attorneys No. 73449 IBP No. 101202; 01/06/2020; Ilocos Sur PTR No. 9157643; 01/14/20; Manila MCLE Compliance not yet required (admitted to the Bar 2019)

Copy furnished:

THE SOLICITOR GENERAL Office of the Solicitor General 134 Amorsolo Street, Legaspi Village 1229 Makati City [email protected]

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EXPLANATION OF SERVICE AND FILING BY ELECTRONIC MAIL

This pleading is being served and filed via electronic means pursuant to Rule 13 of A.M. 19-10-20-SC with the concerned parties being amenable to such mode of service.

EPHRAIM B. CORTEZ