REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 1
Manila

JUAN DELA CRUZ,

Plaintiff,
CA-G.R. SCA No. 12345
For: Prohibition under
-versus- Rule 65 of the Rules of
Court

HON. PEDRO SANTOS

As Presiding Judge, Branch 01, Manila, and
MARIO LOPEZ,
Respondents.
x-----------------------------------------x

PETITION FOR PROHIBITION

Petitioner JUAN DELA CRUZ (hereinafter “Dela Cruz”); by counsel respectfully states:

I.
NATURE OF THE PETITION
This is a Petition for Certiorari under Rule 65 of the Rules of Court, respectively, seeking
the reversal of the Order rendered on 1 February 2016, denying the Motion to Dismiss for lack
of cause of action.

II.
TIMELINESS OF THE PETITION

1. On 3 February 2016, Dela Cruz received the Notice of Decision/Order/Resolution

Entered and the Decision dated 1 February 2016 of public respondent Hon. Pedro
Santos.
2. There is no appeal, or any plain and speedy remedy in the ordinary course of law other
than the instant petition, since petitioner will suffer irreparable damage by the continued
acts of respondent.
3. Under the foregoing circumstances, petitioner Dela Cruz is constrained to file this
Petition for Prohibition for the consideration of this Honorable Court.
4. From the foregoing, Dela Cruz has sixty (60) days from 1 February 2016 until 1 April
2016, within which to file the instant Petition for Prohibition.

III.
THE PARTIES

5. Petitioner Dela Cruz, of legal age, Filipino, with residence at 1 Recto Ave., Manila. He is
the defendant in Civil Case No. 12345, Branch 1, RTC Manila.
6. Dela Cruz may be served with notices, orders, resolutions and other processes of this
Honorable Court through the undersigned counsel at the address indicated below.
7. Public Respondent Honorable Judge Pedro Santos is the judge that issued the assailed
Decision.
8. Private respondent Mario Lopez is the plaintiff in Civil Case No. 12345. He may be
served with notices, orders, resolutions and other processes of this Honorable Court at
33 Recto Ave., Manila.
 IV.
STATEMENT OF THE FACTS

V.
GROUNDS FOR THE ALLOWANCE OF THE PETITION

WHEREFORE, premises considered, Petitioner respectfully prays that this

Honorable Court prohibits respondent judge from enforcing the Order requiring him to
answer the complaint and enter tria in Civil Case No. 12345 of said Court.

Other reliefs as may be just and equitable are likewise prayed for.

City of Manila, Philippines, February 20, 2016.

ATTY. JUANICO FRANCISCCO

Counsel for Defendant
Unit 1, X Building, Recto, Manila
IBP No. 123456; 01/10/10 – Manila
PTR No. 1234567; 01/10/10 – Manila
Roll No. 12345; 5/05/05
MCLE No. I – 001234; 9/09/09
MCLE No. II – 115678; 9/09/09

Copy furnished:
Name and Address of Counsel of the Other Parties

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

PROOF OF SERVICE