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REPUBLIC OF THE PHILIPPINES

SUPREME COURT

City of Manila

FRUMENCIO E. PULGAR andHOBART DEVEZA DATOR, JR.,Petitioners, SC G.R SP. No.

________

-versus

-FOR: CERTIORARI, PROHIBITION,AND

INJUNCTION, WITHAPPLICATION FOR TEMPO-RARY RESTRAINING ORDER

SECRETARY EDUARDO R. ERMITA,in his capacity as the EXECUTIVESECRETARY, SECRETARY OF THEDEPARTMENT OF BUDGET, and theCOMMISSION ON ELECTIONS,Respondents. x-------------------------------------------------------x

PETITION

PETITIONERS

, by counsel, most respectfully state, THAT:

ITHE PARTIES

Petitioner

FRUMENCIO E. PULGAR

, is of legal age, married,with residence and postal address at Sitio Paang Bundok, Brgy. 5,Calauag, Quezon; whereas petitioner

HOBART DEVEZA DATOR,JR

., is of legal age, married, with residence and postal address atLucban, Quezon. Petitioners can be served with orders,resolutions, pleadings, writs and other processes through theundersigned counsel.

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On the other hand, respondents: a)

HONORABLEEXECUTIVE SECRETARY

EDUARDO R. ERMITA

, is being sued inhis capacity as Executive Secretary and as implementor of Republic Act No. 9495. He may be served with writs, summons,pleadings, orders, decision and other court processes at his officeat Room 234, Mabini Hall, Malacañang Palace, Manila; b)

SECRETARY OF THE DEPARTMENT OF BUDGET ANDMANAGEMENT

, is of legal age, married, with principal officeaddress at Department of Budget and Management, MalacañangPalace, Manila; c)

COMMISSION ON ELECTIONS

holds office atIntramuros, Manila, where all of them, in their indicatedrespective principal offices, may be served with summons, writsand other processes of this Honorable Court.

IINATURE OF THE PETITION

This is a

Petition for Certiorari

under

Rule 65

to declare theunconstitutionality of Republic Act No. 9495, and COMELECResolutions Nos. 8533, 8534, 8535, 8537, 8538 and 8539, alldated November 12, 2008; This is also a special civil action for

Prohibition

to enjoin,forbid, and prohibit the above-named respondents fromimplementing, enforcing, and effecting Republic Act No. 9495 andthe questioned COMELEC Resolutions, particularly:

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the respondent Executive Secretary fromprocessing the appointment of the interimgovernor, vice governor and members of the

Sanguniang Panglalawigan

of the

de facto

Quezon del Sur; and

ii.

the Secretary of Budget from disbursing publicmonies necessary for:a.the conduct of the plebiscite;

disbursing the salaries, allowances and otheremoluments of the interim local government officialsof the de facto Quezon del Sur; and theiiiCommission on Elections from initiating andconducting the plebiscite pursuant to Section 49 of R.A. 9495.Lastly, the provisional remedy of