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Diocese of Bacolod v Comelec Petition for Certiorari of Dean Ralph Samiento of La Salle Bacolod and Supreme Court TRO TRO (2013)

Diocese of Bacolod v Comelec Petition for Certiorari of Dean Ralph Samiento of La Salle Bacolod and Supreme Court TRO TRO (2013)

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Diocese of Bacolod, Bacolod, Commission on Elections, Comelec, Philippines, freedom of speech, free speech, election, election laws, freedom of religion, free exercise, constitution, ralph sarmiento, de la salle bacolod, la salle bacolod, supreme court, temporary restraining order, team patay, team buhay, team tatay, carlos celdran, offending religious feelings, time manner and place
Diocese of Bacolod, Bacolod, Commission on Elections, Comelec, Philippines, freedom of speech, free speech, election, election laws, freedom of religion, free exercise, constitution, ralph sarmiento, de la salle bacolod, la salle bacolod, supreme court, temporary restraining order, team patay, team buhay, team tatay, carlos celdran, offending religious feelings, time manner and place

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Published by: Facebook.com/OscarFranklinTan on Mar 13, 2013
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03/08/2015

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Republic of the Philippines
SUPREME COURT OF THE PHILIPPINES
Manila
THE DIOCESE OF BACOLOD,REPRESENTED BY THE MOST REV.BISHOP VICENTE M. NAVARRAAND THE BISHOP HIMSELF IN HISPERSONAL CAPACITY
,
 
Petitioners
,- versus -
COMMISSION ON ELECTIONS
 
AND THE ELECTION OFFICER OFBACOLOD CITY, ATTY. MAVIL V.MAJARUCON
,
Respondents
.x-------------------------------------------------x
URGENT PETITION
FOR CERTIORARI AND PROHIBITION
WITH APPLICATION FOR PRELIMINARY INJUNCTION ANDTEMPORARY RESTRAINING ORDERPETITIONERS,
through the undersigned counsel, unto thisHonorable Court, respectfully state that:
STATEMENT OF THE CASE
1. This petition is about the exercise of freedom of expression andthe principle of separation of Church and State;2. Petitioners seek to nullify the Notice/Order dated 22 February2013 that was issued by the Respondent Atty. Mavil V.Majarucon, Election Officer of Bacolod City, which orders
SC-G.R. SP. No. 205728
(Petition for Certiorari andProhibition withApplication for PreliminaryInjunction and TemporaryRestraining Order)
 
the Bacolod Cathedral (
hereinafter referred to as the “ 
TeamPatay Tarpaulin
” for brevity 
);3. Petitioners also seek to nullify the Order issued by theRespondent Commission on Elections (“COMELEC”) on 27February 2013 through its Law Department which orders theimmediate removal of the Team Patay Tarpaulin andthreatening the petitioner Bishop of Bacolod with the filing of anelection offense if he fails to cause its immediate removal;4. The prayer for the declaration of the said orders/directives of respondents as null and void is anchored upon
two maingrounds
:a. First, the questioned orders/directives are patentlyunconstitutional as they infringe on the fundamental rightto freedom of expression of the petitioners;b. Second, the questioned orders/directives areunconstitutional as they violate the principle of separationof Church and State;5. Respondents have committed grave abuse of discretionamounting to lack or excess of jurisdiction by the issuance of the said orders/directives;6. This petition is a special civil action for Certiorari andProhibition brought under Rule 65 of the Rules of Court;7. Petitioners have no other plain, speedy, and adequate remedyin the ordinary course of law which would promptly free thepetitioners from the injurious effects of the respondents’ acts onthe basic constitutional rights of the petitioners to freedom of expression and the principle of separation of Church and State;8. The seriousness of the constitutional questions raised in thispetition against the respondent Commission on Elections andthe grave repercussions of the questions orders/directives onthe basic right of the petitioners to freedom of expressionconstitute an exceptional and compelling reason to justify adirect resort to this Honorable Court in the first instance by wayof exception to the rule on hierarchy of courts.

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