REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
TENTH JUDICIAL REGION
Buenavista, Agusan del Norte
IN THE MATTER OF THE PETITION
FOR THE EXCLUSION FROM THE
LIST OF VOTERS OF PRECINCT
NO. ________, BARANGAY __
(________________) BUENAVISTA,
AGUSAN DEL NORTE
JUAN DELA CRUZ Election Case. No. ___
Petitioner,
- versus - For: “INCLUSION OF VOTERS IN
THE PERMANENT LIST OF
VOTERS”
THE ELECTION REGISTRATION BOARD
OF BUENAVISTA, AGUSAN DEL NORTE
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PETITION
“Bad officials are elected by
good citizens who don’t vote.”
George Jean Nathan,
American Drama Critic and Magazine Editor
COMES NOW petitioner, by undersigned counsel, and to this
Honorable Court, respectfully alleges that:
PREFATORY STATEMENT
This Petition is filed in utmost good faith and for no other
purpose, but to seek judicial redress in order that Petitioners may be
included in the precinct book of voters of PRECEINCT NO. ________,
BARANGAY __, (________________) BUENAVISTA, AGUSAN DEL
NORTE and exercise their rght to suffrage in the upcoming May ___
2022 National and Local Election.
This Petition is NOT filed to give undue advantage to any
candidate or political party
1. The instant petition is for the exclusion of registered voters as
provided for under Resolution No 9005 of the Commission on
Elections which reads, viz:
“Sec. 23. Petition for Exclusion of Voters from
the List. – Any registered voter, representative of a
political party or the EO, may file with the court a
sworn petition for the exclusion of a voter from the
permanent list of voters giving the name, address and
the precinct of the challenged voter at any time but
not later than August 31, 2010. The petition shall
be accompanied by proof of notice to the ERB and to
the challenged voter and shall be decided within
fifteen (15) days from its filing.”
2. Petitioner is a registered voter in Precint No. 0325A of
BARANGAY 92 ZONE 8, TONDO MANILA and with residence at 1865
Trinidad Rizal St, Herbosa st., Tondo, District 1, Manila;
3. During the recently held registration for the October 25, 2010
Barangay and Sangguniang Kabataan Elections, the Election
Registration Board of District 1, Manila, registered and included the
name of the following respondents in precinct no PRECINCT NO
0325A, herein attached as Annex “A” :
VIRGILIO CENIZAL 423 D. Navarro st., Tondo, Manila
ANNELYN ARROGANTE 403 D. Navarro st., Tondo, Manila
LUCHE
RALPH CASEY MALAYA 412 Navarro st., Tondo, Manila
GALICIA
GUMERCINDA MATEO 375 Cabangis st., Tondo, Manila
MANALASTAS
MICHELLE MATEO 375 Cabangis st., Tondo, Manila
MANALASTAS
1885 C. Cabangis st., Tondo,
ARIEL SAPO PENAFLORIDA
Manila
ARNOLD SAPO 1885 C. Cabangis st., Tondo,
PENAFLORIDA Manila
4. Herein petitioner challenges the aforementioned registration
and inclusion in the list of voters on the ground that the above
named voters are non-existent/fictitious or non-residents of
BARANGAY 92 ZONE 8, TONDO MANILA.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that the aforementioned respondents be
ordered excluded from the permanent list of voters of precinct no.
PRECINCT NO 0325A of BARANGAY 92 ZONE 8, TONDO MANILA.
Such other reliefs and remedies just and equitable under the
premises are likewise prayed for.
Manila, August 31, 2010.
ANTONIO MAURAT
1865 Trinidad Rizal St, Herbosa Tondo
District 1, Manila
VERIFICATION and CERTIFICATION
REPUBLIC OF THE PHILIPPINES )
C I T Y O F M A N I L A )SS.
I, ANTONIO MAURAT, 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
31st day of August, 2010 in the City of Manila.
ANTONIO MAURAT
SUBSCRIBED AND SWORN to before me this 31st day of
August, 2010 in the City of Manila, Affiant exhibiting to me his
VOTER’s ID CARD NO 3901-0325A-J0952AFM10001-4 bearing his
photograph and signature.
Doc. No. ____;
Page No. ____;
Book No.____; NOTARY PUBLIC
Series of 2010.
REQUEST
THE HONORABLE CLERK
Municipal Trial Court
Branch___, Manila
Greetings:
Kindly submit the foregoing Petition for hearing and resolution
of the Honorable Court on September 10, 2010 at 8:30am or on such
date and time that it may deem convenient and reasonable with
service of notice thereof upon the parties.
ANTONIO MAURAT
Copy Furnished by personal service:
Atty. Jovencio G. Balanquit, Mr. Felipe Saclamitao
And Ms. Rosario Francisco
Members of the Election Registration Board
c/o Atty. Jovencio G. Balanquit, Election Officer
District 1, City of Manila
Commission on Elections
Arroceros Street, Manila
Copy Furnished by registered mail:
NAME OF RESPONDENT REGISTRY RECEIPT NO./Post
VOTER Office/ Date
VIRGILIO CENIZAL
ANNELYN ARROGANTE
LUCHE
RALPH CASEY MALAYA
GALICIA
GUMERCINDA MATEO
MANALASTAS
MICHELLE MATEO
MANALASTAS
ARIEL SAPO PENAFLORIDA
ARNOLD SAPO PENAFLORIDA
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) SS
AFFIDAVIT OF SERVICE
I, ANTONIO MAURAT, Filipino, of legal age, and a resident of
1865 Trinidad Rizal St, Herbosa Tondo, District 1, Manila, after
having been sworn in accordance with the law, hereby depose and
state that:
1. I am the petitioner in the instant petition for exclusion;
2. On August 31, 2010, I served a copy of the Petition entitled
IN THE MATTER OF THE PETITION FOR THE EXCLUSION
FROM THE LIST OF VOTERS OF PRECINCT NO 0325A,
BARANGAY 92 ZONE 8, TONDO MANILA, BARANGAY
CHAIRMAN ANTONIO MAURAN vs. VIRGILIO CENIZAL,
ANNELYN ARROGANTE LUCHE, RALPH CASEY MALAYA
GALICIA, GUMERCINDA MATEO MANALASTAS, MICHELLE
MATEO MANALASTAS, ARIEL SAPO PENAFLORIDA, ARNOLD
SAPO PENAFLORIDA, registered voters of PRECINCT NO
0325A, BARANGAY 92 ZONE 8, TONDO MANILA AND THE
ELECTION REGISTRATION BOARD, DISTRICT 1, MANILA,
upon the following, by registered mail with return card,
to wit:
NAME OF RESPONDENT REGISTRY RECEIPT NO.
VOTER
VIRGILIO CENIZAL
ANNELYN ARROGANTE
LUCHE
RALPH CASEY MALAYA
GALICIA
GUMERCINDA MATEO
MANALASTAS
MICHELLE MATEO
MANALASTAS
ARIEL SAPO PENAFLORIDA
ARNOLD SAPO PENAFLORIDA
AFFIANT FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have hereunto set my hand this
st
31 day of August, 2010.
ANTONIO MAURAT
SUBSCRIBED AND SWORN to before me this 31st day of
August, 2010 in the City of Manila, Affiant exhibiting to me his
VOTER’s ID CARD NO 3901-0325A-J0952AFM10001-4 bearing his
photograph and signature.
Doc. No. ____;
Page No. ____;
Book No.____; NOTARY PUBLIC
Series of 2010.
