REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
+++++++++Judicial Region
BRANCH _____, ____________
IN THE MATTER OF THE
PETITION FOR THE
EXCLUSION FROM THE LIST
OF VOTERS OF PRECINCT NO
______, BARANGAY
_____________.
+++++++++++++++++++++,
Petitioner,
Election Case. No. ___________
- versus - For: EXCLUSION OF VOTERS
_________________, registered
voter of PRECINCT NO ++++++
+++++B, BARANGAY
_______________ AND THE
ELECTION REGISTRATION
BOARD, ++++++++++++++
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PETITION FOR EXCLUSION
COMES NOW petitioner, for himself and on his own
behalf, and to this Honorable Court, respectfully alleges that:
PREFATORY STATEMENT
This Petition for Exclusion filed by petitioner is not a
witch-hunt carried out to harass or molest the
_____________________ on the pretext of exercising a right
provided for by law. It is not also a reckless and indiscriminate
exercise to eliminate him from the voter’s list, thus precluding
him the right to suffrage come MAY 09, 2022 NATIONAL AND
LOCAL ELECTIONS.
1. The instant petition is for the exclusion of registered
voters as provided for under Republic Act 8189 which reads,
viz:
“Sec. 18. Challenges to Right to Register. -
Any voter, candidate or representative of a
registered political party may challenge in
writing any application for registration,
stating the grounds therefor. The challenge
shall be under oath and be attached to the
application, together with the proof of notice
of hearing to the challenger and the
applicant.
Oppositions to contest a registrant's
application for inclusion in the voter's list
must, in all cases, be filed not later than the
second Monday of the month in which the
same is scheduled to be heard or processed
by the Election Registration Board. Should
the second Monday of the month fall on a
non-working holiday, oppositions may be
filed on the next following working day. The
hearing on the challenge shall be heard on
the third Monday of the month and the
decision shall be rendered before the end of
the month.”
2. Petitioner is a registered voter in _________________;
3. During the recently held registration of voters for the
MAY 09, 2022 NATIONAL AND LOCAL ELECTIONS, the
Election Registration Board of _____________, registered and
included the name of the __________________ under PRECINCT
NO. 0158B, a copy of which is hereto attached as Annex A:
4. Herein petitioner challenges the aforementioned
registration and inclusion in the list of voters on the ground
that ______________ is not a known resident of BARANGAY
________________ but publicly known to be resident of
__________________
5. Likewise ,it came to the knowledge of the petitioner that a
certification by Barangay _______________, through the Punong
Baranagay dated ________________, was issued, to wit:
“THIS IS TO CERTIFY that a person in the name of
_____________________, is not a known resident of this
Barangay. That further, the Barangay Government of
_________________ had no records on file or any prior
transaction with the above mentioned person which can
made (sic) as basis to attest to the fact that the
aforementioned person is residing in the jurisdiction of
Barangay San Nicolas, ______________.”
Xxx
SGD.
_________________
Punong Barangay
6. a copy of which is hereto attached as Annex B:
PRAYER
WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that the aforementioned
respondent be ordered excluded from the permanent list of
voters of precinct no. PRECINCT NO __________ of BARANGAY
_________________.
Such other reliefs and remedies just and equitable under
the premises are likewise prayed for.
______________City, April 12, 2021.
++++++++++++++++++
_____________________
VERIFICATION and CERTIFICATION
REPUBLIC OF THE PHILIPPINES )
C I T Y O F _____________ )SS.
I, ______________, after being duly sworn to in accordance
with law, depose and says:
1. That I am the petitioner in the above-
entitled case; That I have caused the preparation of
the foregoing Petition and have read and know the
contents thereof, and that all allegations therein
contained are true and correct of my own knowledge
and belief;
2. That I did not commence any other action or
proceeding involving the same issues in the
Supreme Court, Court of Appeals, or any other
court or administrative agency and to the best of my
knowledge, no such action or any proceeding
pending with the Supreme Court, Court of Appeals
or any other court or administrative agency;
3. That if there shall be one pending with said
tribunals, court or any other administrative agency,
I shall report the same within five (5) days thereof to
this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affix my
signature this _________________ in the City of
_________________.
_______________________
SUBSCRIBED AND SWORN to before me this
________________ in the City of _______________, Affiant
exhibiting to me his VOTER’s ID CARD NO
_______________________________ bearing his photograph and
signature.
Doc. No. ____;
Page No. ____;
Book No.____;
Series of 2021.
REQUEST
THE HONORABLE CLERK
Municipal Trial Court in Cities
Branch___, _____________
Greetings:
Kindly submit the foregoing Petition for hearing and resolution
of the Honorable Court on ___________________ or on such date
and time that it may deem convenient and reasonable with
service of notice thereof upon the parties.
_____________________
Copy Furnished by registered mail due to the fact that the
petitioner is already a senior citizen and an immunocompromised
individual who is in danger of being exposed to the pandemic known
as COVID 19.
Members of the Election Registration Board
c/o, Election Officer
Commission on Elections
__________________
Copy Furnished by registered mail due to the fact that the
petitioner is already a senior citizen and an immunocompromised
individual who is in danger of being exposed to the pandemic known
as COVID 19.
NAME OF RESPONDENT REGISTRY RECEIPT NO./Post
VOTER Office/ Date