Republic of the Philippines
Quezon City
Branch 20
RYAN I SABUNGAN,
Plaintiff-Appellant,
Case. No. _____________
- versus For: Injunction with Application
for Preliminary Injunction and
Temporary Restraining Order
ALFONSO TAN Jr, In His
Capacity as Assistant Secretary
Of Land Transportation Office,
Defendant-Appellee,
x-----------------x
PETITION
Petitioner RYAN I SABUNGAN by counsel, respectfully states: undersigned
attorney, and unto this Honorable Court, respectfully avers:
THE PARTIES
1. That petitioner RYAN I SABUNGAN is of legal age, married and a resident of
Barangay Marulas, Valenzuela City, Philippines, while respondent ALFONSO
TAN Jr, in his capacity as Assistant Secretary of Land Transportation Office
is also of legal age and may be served with summons, writs and all orders of the
Honorable Court at his office address at East Avenue, Quezon City, Philippines.
2. That petitioner, RYAN I SABUNGAN, in whose behalf this application is being
made, was actually deprived of due process of law and restrained of his right to
property by the respondent ALFONSO TAN Jr in his capacity as Assistant
Secretary of Land Transportation Office.
AFFFIRMATIVE ALLEGATIONS
3. Petitioner owns a brand new 2015 Audi A4 which has been duly registered with
the Land and Transportation Office supported by documents issued by the said
agency though no plate has been issued yet (See attached as Annex A)
4. That sometime in the morning of 02 April 2015, petitioner car was taken into
custody by LTO enforcers and detained as a violation to the Memorandum
Circular No. AVT-2015-1927 dated 20 March 2015 popularly known as No
Plate, No Travel Policy the _____________ Police Station without any
criminal charges being filed against him before the proper judicial authorities
despite the lapse of ________ (______). Moreover, petitioner was taken by the
respondent not under any of the circumstances where a warrantless arrest is
allowed by the law or the Rules of Court;
4. That such restraint of liberty of the petitioner by the respondent is therefore
without any legal authority;
5. That the petitioner through counsel has exhausted all efforts available at law but
to no avail, and that he has no other plain, speedy, and adequate remedy to protect
his personal rights and secure his personal liberty except by his application for a
Writ of Habeas Corpus.
PRAYER
WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus
be issued by this Honorable Court, directed to the respondent _____________
commanding the latter to produce the body of _____________ before this Court at the
time and place therein specified, and to summon the respondent _____________ then and
there to appear and to show cause of the detention of said _____________; and that after
due proceedings, the said _____________ be restored of his liberty and forthwith
discharged from confinement .
_____________, Philippines, __Date__.
(COUNSEL)
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x
I, _____________, of legal age, Filipino, (single / married / widow), and a
resident of _____________, Philippines, after being sworn in accordance with law,
hereby depose and say:
That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That
I have caused the preparation of the above (Complaint / Petition) and I have read the
same and knows the contents thereof; That the allegations contained therein are true and
correct of my own personal knowledge.
That I further certify that: (a) I have not theretofore commenced any other action or
proceeding or filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is
pending therein; (c) if I should thereafter learn that the same or similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at
_____________, Philippines.
AFFIANT
SUBSCRIBED AND SWORN to before me, this _____________, by
_____________ who exhibited to me (his/her) Community Tax Certificate No.
_____________ issued at _____________, Philippines on _____________.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
