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Antonio Mauran, a registered voter in Precinct No. 0325A of Barangay 92 Zone 8 in Tondo, Manila, filed a petition to exclude 8 registered voters from the precinct's voter list. Mauran claims the voters are non-existent, fictitious, or non-residents of the area. He served notice of the petition by registered mail to the Election Registration Board and the 8 challenged voters. The court is requested to resolve the petition on September 10, 2010.
Antonio Mauran, a registered voter in Precinct No. 0325A of Barangay 92 Zone 8 in Tondo, Manila, filed a petition to exclude 8 registered voters from the precinct's voter list. Mauran claims the voters are non-existent, fictitious, or non-residents of the area. He served notice of the petition by registered mail to the Election Registration Board and the 8 challenged voters. The court is requested to resolve the petition on September 10, 2010.
Antonio Mauran, a registered voter in Precinct No. 0325A of Barangay 92 Zone 8 in Tondo, Manila, filed a petition to exclude 8 registered voters from the precinct's voter list. Mauran claims the voters are non-existent, fictitious, or non-residents of the area. He served notice of the petition by registered mail to the Election Registration Board and the 8 challenged voters. The court is requested to resolve the petition on September 10, 2010.
NATIONAL CAPITAL JUDICIAL REGION BRANCH _____, Manila 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 Petitioner, Election Case. No. ___________ - versus - For: EXCLUSION OF VOTERS 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 Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x PETITION COMES NOW petitioner, for himself and on his own behalf, and to this Honorable Court, respectfully alleges that: PREFATORY STATEMENT This Petition for Exclusion fled by petitioner is not a witch-hunt carried out to harass or molest the registered voters and the candidates whom they are supporting on the pretext of exercising a right provided for by law. It is not also a reckless and indiscriminate exercise to eliminate them from the voters list, thus precluding them the right to sufrage come October 25, 2010 elections. 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 fle 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 ffteen (15) days from its fling. 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 LUCHE 403 D. Navarro st., Tondo, Manila RALPH CASEY MALAYA GALICIA 412 Navarro st., Tondo, Manila GUMERCINDA MATEO MANALASTAS 375 Cabangis st., Tondo, Manila MICHELLE MATEO MANALASTAS 375 Cabangis st., Tondo, Manila ARIEL SAPO PENAFLORIDA 1885 C. Cabangis st., Tondo, Manila ARNOLD SAPO PENAFLORIDA 1885 C. Cabangis st., Tondo, 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/fctitious 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 fve (5) days thereof to this Honorable Court. IN WITNESS WHEREOF, I have hereunto afx 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, Afant exhibiting to me his VOTERs 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 Ofcer District 1, City of Manila Commission on Elections Arroceros Street, Manila Copy Furnished by registered mail: NAME OF RESPONDENT VOTER REGISTRY RECEIPT NO./Post Ofce/ 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 VOTER REGISTRY RECEIPT NO. 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 31 st day of August, 2010. ANTONIO MAURAT SUBSCRIBED AND SWORN to before me this 31st day of August, 2010 in the City of Manila, Afant exhibiting to me his VOTERs ID CARD NO 3901-0325A-J0952AFM10001-4 bearing his photograph and signature. Doc. No. ____; Page No. ____; Book No.____; NOTARY PUBLIC Series of 2010.