Karen Kate C.

Pascual

Republic of the Philippines COURT OF APPEALS Far Far Away SHREK DOGRE FIONA DOGRE Petitioners,

CA-G.R. SP. NO. 123456 (Petition for Certiorari with Application for Preliminary Mandatory Injunction and Temporary Restraining Order)

-versus-

JUDGE JULIE ANDREWS, Honorable Judge of the Regional Trial Court of the Swamps, Respondent. x------------------------------------------x PETITION FOR CERTIORARI WITH APPLICATION FOR PRELIMINARY MANDATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER Petitioners, through the undersigned counsel, unto this Honorable Court, respectfully state that: PREFATORY STATEMENT

The right of suffrage lies at the center of our constitutional democracy. The right of every Filipino to choose the people who will lead the country and participate, to the fullest extent possible, in every national and local election is so zealously guarded by the fundamental law that it devoted an entire article solely therefor: ARTICLE V SUFFRAGE SECTION 1. Suffrage may be exercised by all citizens of the

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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. NAMES OF PETITIONER AND RESPONDENT 1. Petitioners, Spouses Shrek DOgre and Fiona DOgre, are Filipino citizens, of legal age, married and with residence at No. 9 Faraway Land St., Duloc, Far Far Away. 2. The Petitioners may be served with summons and other legal processes through their counsel of record, Atty. Karen Kate Pascual at Unit 902aN North Joya Rockwell Drive, Makati City. 3. Respondent Honorable Judge Julie Andrews of Regional Trial Court of the Swamps, who has issued the questioned order on 17 December 2012, with office address at Swamps Muunicipal Hall, Duloc, Far Far Away where it may be served notices, orders, resolutions, judgment and other court processes. GROUNDS RELIED UPON/ STATEMENT OF THE CASE 4. This Petition is about the exercise of a fundamental right upon which the fabric of any democracy is founded-- the right of suffrage. Petitioners seek to temporarily restrain the Respondent Honorable Judge Julie Andrews of the Regional Trial Court of the Swamps from enforcing her order to the

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Electoral Registration Board to exclude the names of the Petitioners from the list of Voters of the municipality of Duloc, Far Far Away. 5. The judgment was issued by the respondent Judge with grave abuse of discretion amounting to lack or excess of jurisdiction and such authority was practiced in a whimsical, capricious and despotic manner, without regard to the basic right of the petitioners to suffrage. 6. The issuance of its decision resolving all the motions together with the denial of the appeal of the Petitioner was a patent violation of this Constitutional right. 7. The judgment was ordered without taking into consideration the factual findings of the Election Registration Board, who after having received evidence on the matter, issued an order finding that the Petitioners substantially complied with the requirements of the law. 8. The prayer for the reversal of the decision of Respondent judge is anchored on (2) two crucial grounds, first it was issued with grave abuse of discretion amounting to lack or excess of jurisdiction, and second, it is a patent violation of the Constitutional right to Suffrage of the petitioners who stand to be disenfranchised by the said order in the upcoming 2013 elections. 9. The respondent judge acted with grave abuse of discretion amounting to lack of jurisdiction in denying the appeal and ordering the exclusion of Spouses Shrek DOgre and Fiona DOgre from the list of voters of Du loc, Far Far Away by merely relying on private respondents mere allegations in the petition for exclusion without taking into consideration that petitioners possess all the qualifications and none of the disqualifications of a voter according to law.

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10. This Petition is a special civil action for Certiorari and Mandamus brought under Rule 65 of the Rules of Court. Under the circumstances obtaining in this case, herein Petitioners have no plain, speedy, and adequate remedy in the ordinary course of law which will promptly and immediately relieve herein Petitioners from the injurious effects of the unconstitutional acts of the respondent in the issuance and implementation of the assailed decision. 11. At the core of the issues raised in the instant Petition is a precious and cherished right imbued with public interest the right of suffrage. 12. It should be noted further that the issue at hand has been previously dealt with by the Supreme Court in the case of Jalosjos v. COMELEC 1 , with regard to the 2010 election. In that case, Jalosjos applied with the ERB of Ipil, Zamboanga for the transfer of his voters registration record from Tampilisan, Zamboanga del Norte to a precinct in Ipil. After the ERB granted his application, a petition for exclusion of Jalosjos n ame was filed before the Municipal Circuit Trial Court of Ipil. The petition was given due course on the ground that Jalosjos did not satisfy the residency requirement because he did not abandon his domicile in Tampilisan. Jalosjos appealed to the RTC which affirmed the MCTC decision. Jalosjos elevated the matter to the Court of Appeals through a petition for Certiorari with an application for the issuance of a writ of preliminary injunction. The CA granted his application and enjoined the courts from enforcing their decisions. His name was reinstated in the Voters List of Ipil, where he was also elected as the Representative of the Second District of Zamboanga Sibugay. 13. Noteworthy in that case was the fact that when Jalosjos filed his petition for
1

Jalosjos v. Commision on Elections, G.R. Nos. 192474, 192704, 193566, June 26, 2012.

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registration as a voter in Ipil, he was still serving as Mayor in Tampilisan, Zamboanga del Norte. Still, the Court gave credence to the fact that previous to his application for transfer of voters registration, Jalosjos bought a residential house and lot in Ipil where he desired to be a voter and that he also occupied that house after further renovations and furnishing. RELIEF 14. Petitioners thus humbly pray that the Honorable Court issue a judgment: a. Enjoining Honorable Judge Julie Andrews of the RTC of Duloc, Far Far Away from enforcing its order issued on 17 December 2012 dismissing the appeal of the Petitioners and; b. Ordering the Election Registration Board to include the names of the petitioners to the List of Voters of Duloc, Far Far Away, and reinstate their Registration Records from the corresponding Book of Voters and to thereafter place the records in the active file, for complying with all the qualifications and possessing none of the disqualifications required by law. Furthermore: 15. The petitioners are likewise praying for the issuance of a temporary restraining order due to the seriousness and extreme urgency of the matters involved, as well as the grave and irreparable injuries that will be sustained by Petitioners due to Respondent Judge Julie Andrews s order to exclude the names of the petitioners from the voters list, a patent violation and denial of the right of suffrage of the petitioners. 16. The prayer for a temporary restraining order on the questioned order of

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exclusion of respondent Judge is anchored on the crucial ground that it violates and neglects the fundamental right of the petitioners to suffrage. 17. Grave and irreparable injury shall result to petitioners if they cannot be accommodated on the list of voters for purposes of exercising their right of suffrage on the scheduled May 2013 elections. 18. The decision of Respondent Judge Julie Andrews to order the exclusion of the petitioners names from the list of voters would work injustice to the petitioners who will thereby be prevented from taking part in the upcoming 2013 elections. In other words, it would cause the disenfranchisement of the petitioners as voters. 19. That respondent Judge Julie Andrews is very adamant in its denial of the petitioners appeal despite repeated motions to Inhibit and to transfer venue and to Defer proceedings pending the resolution of these aforesaid motions, in order to give the petitioners due process to be heard via the dispositions of such motions. Thus, there is a necessity for a temporary restraining order in order not to render the judgment ineffectual. 20. There is no other plain, speedy, and adequate remedy to address these inevitable injuries to the Petitioners who run the risk of not being able to exercise their right to vote for the purposes of the May 2013 elections, before this Petition could be heard by the Honorable Court. 21. Hence, based on the foregoing allegations, Petitioners are entitled to the issuance of a Preliminary Mandatory Injunction or temporary restraining order to require Respondent Judge to order the reinstatement of the names of Petitioners to the list of voters in the Municipality of Duloc, Far Far Away. STATEMENT OF MATERIAL DATES

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22. Petitioners spouses DOgre filed their application for registration as voters of the Municipality of Duloc, Far Far Away on 19 March 2012. An opposition/ comment to the petitioners application was then filed on the ground that the spouses were not qualified to register because they lacked the residency requirement. On 28 September 2012, after hearing and receiving of testimonial and documentary evidence, he ERB of the Municipality of Duloc, Far Far Away issued an Order finding that the spouses DOgre have substantially complied with the requirements of the law and gave due course to their applications for registration as voters of the municipality. 23. On 5 October 2012, a Petition for Exclusion was filed before the Municipal Circuit Trial Court of the Swamps, Far Far Away against spouses DOgre. On 12 October 2012, the spouses DOgre filed their Answer arguing that they possess all the qualifications and none of the disqualifications to be eligible registered voters of Duloc at the time they filed their respective applications; that spouses DOgre have been in actual and physical residence in Duloc, Far Far Away and evidence on this point was submitted to the ERB; that the Resolution dated 28 September 2012 of the Election Registration Board should be accorded respect and finality most especially if based on substantial evidence; and finally that Petition for exclusion is nothing but a futile exercise to harass and deprive spouses DOgre of their fundamental right of suffrage, which right they can validly exercise as registered voters of Duloc, Far Far Away. 24. On 15 October 2012, spouses DOgre filed an Urgent Omnibus Motion with the following prayer: (1) To Inhibit the Honorable Presiding Judge Lord

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Farquaad; (2) To Defer / Reset the Hearing on 16 October 2012; (3) To ReRaffle and Assign the Case to Another Presiding Judge. Likewise, spouses DOgres collaborating counsel filed an Urgent Motion to Dismiss . On 16 October 2012, the Honorable Lord Farquaad, voluntarily inhibited himself from sitting on the case. An Urgent Motion for Reconsideration was then filed following the Order of Inhibition issued on 16 October 2012. On Even date, the Respondent Judge Julie Andrews issued an Order granting said urgent motion for reconsideration. As a consequence, Petitioner spouses then filed their Comment to the Urgent Motion for reconsideration. The MCTC of the Swamps issued an order on 10 October 2012 considering the Order of Inhibition dated 16 October 2012 ineffective. 25. Subsequently, on 19 October 2012, the lower Court issued an Order denying the urgent omnibus motion to inhibit the Honorable Presiding Judge Lord Farquaad and Re-Raffle and Assign Case to Another Presiding Judge. On 23 October 2012, Petitioner spouses DOgres counsel filed a Motion for Reconsideration (to the Orders dated 17 and 19 October 2012). On even date, the Honorable Court denied in open court the said motion. Evidence was received and thereafter, the parties were directed to submit their respective position papers on 24 October 2012; 26. On 25 October 2012, or one day after the parties were directed to submit their respective position papers, a decision excluding the names of Shrek DOgre and Fiona DOgre from the list of voters of Duloc, Far Far Away was issued and the same was received by the spouses DOgre last 29 October 2012.

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27. Petitioners then filed an appeal shortly after on November 3 2012; Pending the resolution of the petitioners appeal, said petitioners also filed a Motion to Inhibit and to Transfer Venue on 9 November and 12 November 2012; Likewise another Omnibus Motion to Inhibit and to Defer Proceedings Pending Resolution of the Motion to Inhibit and to Transfer Venue and Supplemental Motion Thereto and to Issue Status Quo Order was filed by petitioners on 27 October 2012; petitioner received a copy of the order denying the appeal and resolving all the motions on 19 December 2012; 28. The instant petition is filed within 60 days from the receipt of said order.

PRAYER WHEREFORE, premises considered, Petitioners most respectfully pray of the Honorable Court the following:

1. That this petition be given due course; 2. That the respondent Honorable Judge Julie Andrews of the RTC of the Swamps be enjoined from enforcing the decision dismissing the appeal of the Petitioners; 3. That a Preliminary Mandatory Injunction and/or temporary restraining order be issued ordering the Election Registration Board to include the names of the petitioners to the List of Voters of Duloc, Far Far Away, and reinstate their Registration Records from the corresponding Book of Voters and to thereafter place the records in the active file, for complying with all the qualifications and possessing none of the disqualifications required by law. Petitioners likewise pray for such other reliefs as are just and equitable under

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the circumstances. RESPECTFULLY SUBITTED. Far Far Away, 29 January 2013.

KAREN KATE PASCUAL Counsel for the Petitioners Unit 902aN North Joya, Rockwell, Makati Appointment No. 123, Until December 2013 Roll of Attorney No. 70124 P.T.R. No. 8985654, 01/05/2012, Makati City I.B.P. Lifetime Member No. 10020, Makati Chapter M.C.L.E. Compliance No. III-0011385, 4/12/12

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING We, SHREK DOGRE and FIONA DOGRE, Filipino citizens, of legal age, do hereby state that: We are the petitioners in the case filed for Petition for Certiorari with Application for Preliminary Mandatory Injunction and Temporary Restraining Order. We have read its contents and affirm that they are true and correct to the best of our own personal knowledge; We hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should We learn of such a case, We shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, We have signed this instrument on 29 January 2013. SHREK DOGRE Affiant

FIONA DOGRE Affiant

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ACKNOWLEDGMENT SUBSCRIBED AND SWORN to before me this 29th day of January 2013, in the Land of Far Far Away, affiant exhibiting her Community Tax Certificate No. 123456-789, issued at Far Far Away on 01 July 2012.

KARLA MARGARITA HERRERA Notary Public for The Swamps Unit 902 Batac St. Duloc, Far Far Away Appointment No. 122, Until December 2013 Roll of Attorney No. 70123 P.T.R. No. 8985655, 01/05/2012, Far Far Away I.B.P. Lifetime Member No. 10020, Far Far Away Chapter M.C.L.E. Compliance No. III-0011385, 4/12/12