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Exclusion Manapa 0085B
Exclusion Manapa 0085B
ELIZABETH A. ENCENADA
AND MARILOU D. TALAMO
Petitioners,
PREFATORY STATEMENT
This Petition is filed in utmost good faith and for the sole purpose of
upholding the mandate of the Constitution that “Suffrage may be exercised by all
citizens of the Philippines not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines for at
least one year, and in the place wherein they propose to vote, for at
least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of
suffrage.”1
LEGAL BASIS
THE FACTS
7. During the recently held registration for the May 2, 2022 National and
Local Elections, Respondents, allegedly applied for registration to be
included in the book of voters of PRECINCT NO. 0085B, BARANGAY
MANAPA BUENAVISTA, AGUSAN DEL NORTE.
10. The non-apearance of any respondent on the day set for hearing of this
Petition will verily confirm the fact that he or she is fictitious.
Petitioners’ COMPLIANCE
WITH JURISDICTIONAL
REQUIREMENTS
The filing of this PETITION is NOT within 100 days prior to a regular
election nor within 65 days before a special election and is within the
February 28, 2022 deadline set by the COMELEC for filing petitions for
exclusion.
Petitioners’
EVIDENCE
12. Petitioners will take the witness stand. Their Joint Judicial Affidavit is
hereto attached and marked as ANNEX “D”.
13. Petitioner may present additional witnesses and herein reserves their
presentation as corroborating witnesses.
PRAYER
that Respondents be ordered EXCLUDED in the permanent list of voters of
PRECINCT NO. 0085B , BARANGAY MANAPA ,BUENAVISTA, AGUSAN DEL
NORTE.
Such other reliefs and remedies just and equitable under the premises are
likewise prayed for.
Butuan City for Buenavista, Agusan del Norte, Philippines, January 27,
2022 .
By:
We are the Petitioners in this case and we have caused this PETITION to
be prepared; that we read and understood its contents which are true and
correct of our own personal knowledge and/or based on authentic records; It is
not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; The claims,
defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or
reversing existing jurisprudence; The factual contentions have evidentiary
support or, if specifically so identified, will likely have evidentiary support after
availment of the modes of discovery under these rules; and The denials of
factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information. That we
have not commenced any action of proceeding involving the same issue in the
Supreme Court, the Court of Appeals or any other tribunal or; that to the best of
our knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any tribunal or agency, and that, if we should learn
thereafter that a similar action or proceeding has been filed or is pending before
these Courts of tribunal or agency, we undertake to report that the fact to the
Court within five (5) days therefrom.
IN WITNESS WHEREOF, we have hereunto set our hands this January 27, 2022
in Butuan City, Philippines.
SUBSCRIBED AND SWORN to before me this January 27, 2022 ,Butuan City,
Philippines, Philippines.
REQUEST FOR HEARING
Greetings:
Kindly submit the foregoing Petition for hearing and resolution of the
Honorable Court on January 31, 2022 at 8:30 am or on such date and time that
it may deem convenient and reasonable with service of notice thereof upon the
parties.
NOTICE OF HEARING
THE RESPONDENTS
OF THIS PETITION
Greetings:
Manapa,
CURATO, MARIE GRACE T. 2 Buenavista Cannot be located Personal service failed
Manapa,
GAVIOLA, GERUNDO JR P. 2 Buenavista Cannot be located Personal service failed
Manapa,
ALBERCA, JOSHUA C. 4 Buenavista Cannot be located Personal service failed
Manapa,
BAGAS, RAMEL R. 4 Buenavista Cannot be located Personal service failed
Manapa,
BALIAD, ROMEO W. 4 Buenavista Cannot be located Personal service failed
Manapa,
BANDRANG, SARIPODEN A. 4 Buenavista Cannot be located Personal service failed
Manapa,
BILLONES, AMINAH KENJI H. 4 Buenavista Cannot be located Personal service failed
Manapa,
BULLOS, AMY T. 4 Buenavista Cannot be located Personal service failed
Manapa,
BULLOS, CRECILIO M. 4 Buenavista Cannot be located Personal service failed
Manapa,
BULLOS, MARGAARITO M. 4 Buenavista Cannot be located Personal service failed
Manapa,
CAJURAO, ADONIS A. 4 Buenavista Cannot be located Personal service failed
Manapa,
CALIMPUSAN, MARJORIE B. 4 Buenavista Cannot be located Personal service failed
Manapa,
CANOY, JOHN NINO I. 4 Buenavista Cannot be located Personal service failed
Manapa,
COSME, CYRIL 4 Buenavista Cannot be located Personal service failed
Manapa,
MABATID, JEANELYN L. 4 Buenavista Cannot be located Personal service failed
Manapa,
MAYAHON, MICHAEL BAHIAN 4 Buenavista Cannot be located Personal service failed
Manapa,
ROBLES, GINO JASON G. 4 Buenavista Cannot be located Personal service failed
Manapa,
ROBLES, JONNA LEAH C. 4 Buenavista Cannot be located Personal service failed
Manapa,
SERGAS, SHIELA D. 4 Buenavista Cannot be located Personal service failed
Manapa,
ALIPAO, ARIAN A. 5 Buenavista Cannot be located Personal service failed
Manapa,
BUCALAS, JONAMAE L. 5 Buenavista Cannot be located Personal service failed
Manapa,
DOLERA, JAZTINE JANE S. 5 Buenavista Cannot be located Personal service failed
Manapa,
DUMAIT, DORENA O. 5 Buenavista Cannot be located Personal service failed
Manapa,
MENDOZA, MARCELA S. 5 Buenavista Cannot be located Personal service failed
Manapa,
MENDOZA, MARVIN S. 5 Buenavista Cannot be located Personal service failed
Manapa,
WAHING, ALBETO C. 5 Buenavista Cannot be located Personal service failed
Manapa,
WAHING, RONA G. 5 Buenavista Cannot be located Personal service failed
Manapa,
CACAL, BEN Q. 3A Buenavista Cannot be located Personal service failed
Manapa,
CANDAL, LILIBETH C 3A Buenavista Cannot be located Personal service failed
GABE, JACKYLYN E. 3A Manapa, Cannot be located Personal service failed
Buenavista
Manapa,
SALINDO, EMMANUEL B. 3A Buenavista Cannot be located Personal service failed
Manapa,
MILFLORES, ELMO B. 3B Buenavista Cannot be located Personal service failed
and also to -
PATRICIA PALARCA
Chairperson
TERESITA VALDEHUEZA
Member
JUVY M. REYES
Member
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) SS
AFFIDAVIT OF SERVICE
I, ISRAEL PILAPIL , Filipino, of legal age, and a resident of Los Angeles, Butuan City,
after having been sworn in accordance with the law, hereby depose and state that:
2. On for three instances, I attempted to serve a copy of the Petition entitled IN THE
MATTER OF THE PETITION FOR THE EXCLUSION FROM THE LIST OF VOTERS OF
PRECINCT NO. 0085B , BARANGAY MANAPA ,BUENAVISTA, AGUSAN DEL NORTE OF
CURATO, MARIE GRACE T., ET. AL., to each of the named private respondents in
said Petiotion, but personal service failed as said respondents were not known in the
addresses indicated in the Petition and cannot be located.
IN WITNESS WHEREOF, I have hereunto set my hand this January 27, 2022 ,Butuan
City, Philippines.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JOINT
JUDICIAL AFFIDAVIT
[ELIZABETH A. ENCENADA AND MARILOU D. TALAMO]
1. He is the petitioner.
2. Respondents do not possess the 6 month residency requirement to be
included permanent list of voters of PRECINCT NO. 0085B , BARANGAY MANAPA
,BUENAVISTA, AGUSAN DEL NORTE.
3. He filed this Petition for their exclusion is said list .
Witness will also testify on other allied and relevant matters;
Q4: Unsay rason nimo nganu ni-file ka ani nga Petition. (Now, what is your
purpose in filing this petition? )
Q5: What is your basis in saying that (Nganu maka sulti man ka ana? )
Q6: Paki Bisaya Unsa may pweba nimo ani tanan nimong gipanulti? (What is
your proof of all that you said here?)
Q7: Paki Bisaya Do you know that you can go to prison if you lie before this
Court?
Q8: Paki Bisaya How about your co-petitioners , do you know them?
A: Yes sir .
Q8: Why?
A: Paki Bisaya Because we live in the same barangay. I have known them for
more than a 7 months.
________________________
Affiant
ID No. ___________________________
Neither I nor any other person then present or assisting her coached her
regarding the latter’s answers.