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Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT


Dimataling-Pitogo-Tabina
9TH JUDICIAL REGION

_____________________

ELECTION CASE NO. ____________

Petitioner,
For:
-versusANDAL, POTLI I.
ARAHAM, AYAM MONDALIS
ASNOL, ELOL ASERI
BALIOS, MICHAEL ROMO
BANDAHALA, RIKIT MALALI
BILLIE, KIMAO DRIS
BITOCA, FAUSTINA ADAZA
BONGA, CAMIZA ABDUL
BONGA, OMIE BUTTO
BURONG, JEMAL S.
BURONG, LABIYAW M.
CAPAPAS, NILFA LAPINIG
DAGADAS, ATA BONGA
DAMANG, GAMDASEL SALI
DAMANG, JARATI S.
DAMANG, PAYANG S.
DAMANG, ROWENA S.
DAMANG, VINA BANDAHALA
EBRAHIM, ZAMHASHARIE EBRAHIM
EDANG, MONERA SALUD
ELIAN, MANNY GUIDO
ESMAEL, NARAINA TULA
ESTODILLO, VIRGINIA FACULTAD
GEROMO, SAMUEL ESPADILLA
GUIDO, HAILA SOLAIMAN
HAMZA, DAUD UBPON
HARRID, LINANG DRIS
INIDAL, RASUL BANTAS
JULIETA, MANGLICMOT AVENTURA
LAGUTIN, AMELIA DAI
MAGUNTO, KADAPI KIRAM
MALAY, MILAN NAWI

EXCLUSION

AS

REGISTERED VOTER IN
PRECINCT NO. 001A of
BARANGAY
BACAYAWAN,
DIMATALING,
ZAMBOANGA DEL SUR

MALLAY, EBNIE B.
MARIGA, BASER BUDAS
MIDAL, MARIAM EBRAHIM
MIDAL, OMAR PENDACAN
MILLAMA, JORELYN BALASONG
MOHAMMAD, JOHAN M.
MONDALIS, AIDA LANGKONGAN
ODIN, NORMA NAWI
ODIN, ROY N.
ONES, JAY LANZADO
PAGHUBASAN, JOSEPHINA
PAITAN, NILDA CORPIN
PAITAN, QUIRINO JR. ALBON
PAITAN, RYAN JUNIL GAVIOLA
PAITAN, YUNICE JUNIL GAVIOLA
PARASAN, KASAN GUIAMEL
PULAYAGAN, EBRAHIM BONGA
SALA, ABDULTAIB M.
SALA, MINYANG B.
SALA, NAP B.
SALEM, ANABAY DUMATO
SALEM, FAUDZIA BONGA
SAMAR, HILDA AVENTURA
TAALA, FRELYN MORIENTE
TAHA, OTTO ASNOL
UBAS, JOSEPHINE AVENTURA
USMAN, BABAY BUTO
Respondents.
x---------------------x

PETITION
COMES NOW, the petitioners through the undersigned counsel unto this
Honorable Court respectfully state, THAT:
1. Petitioners are bonafide residents of the Municipality of Dimataling,
Zamboanga del Sur, with office address at Brgy. Sumpot, Dimataling,
and Barangay Balanagan, Dinmataling, Zamboanga del Sur where they
may be served with summons and other court processes;
2. Private Respondents are allegedly residents of Poblacion, Municipality of
Dimataling, Zamboanga del Sur as their names appeared in the
COMELEC List of Registered Voters, where they may likewise be served
with summons and other court processes. The COMELEC list of

registered voters and the registration form signed by the applicants are
considered public records, the same being in the custody of the
COMELEC;
3. The Election Registration Board (ERB) has allowed the registration of the
herein private respondents despite said respondents not having satisfied
the requirement under Section 9 of the Voters Registration Act of 1996
that the applicants for registration shall have resided in the Philippines
for at least one (1) year, and in the place wherein they propose to vote, for
at least six (6) months immediately preceding the election;
4. The herein private respondents are non-residents of the said barangay
where they were unlawfully registered as voters;
5. Per certification from the Office of the Provincial Assessor (Annex A),
herein private respondents do not have any real property registered
under their respective names in the said barangay or in the municipality
where they were illegally registered as voters;
6. In their joint affidavit (Annex B), __________ and ____________, state
that they have not seen herein private respondents in their barangay and
that they own no house or any structure in the said barangay which
would show their intent to establish a residence therein.
7. Petitioners were not aware of the date of application and registration of
herein respondents nor were they cognizant of any notice and hearing set
by the Election Registration Board (ERB) pertaining to the application for
registration of herein private respondents so that they were not able to
seasonably interpose their opposition thereto;
8. Petitioners, in filing this petition, despite not having raised the matter
before the ERB which proceeding pertains only to new registrations,
invokes the original and exclusive jurisdiction of the Municipal and
Metropolitan Trial Courts over all cases of inclusion and exclusion of
voters in their respective cities or municipalities on grounds provided by
law, pursuant to Section 33 of the Voters Registration Act of 1996 and
Section 49 of the Omnibus Election Code of the Philippines;
9. Unless the name of the herein private respondents be deleted from the
Computerized Voters List (CVL) of Poblacion, Dimataling, Zamboanga del
Sur, herein respondents who claim to be residents thereof will cause
irreparable damage and mockery to justice and that there will be a
danger that this will be used as a precedent for other illegal purposes.

PRAYER
WHEREFORE, petitioners respectfully prays that this petition be
given due course and, after hearing, an order be issued directing the
ERB or the concerned Election Officer to remove herein private
respondents registration record from the corresponding book of voters
and that their names be deleted from the Computerized Voters List.
All other reliefs just and equitable under the premises are likewise
prayed for.
_______, ______________, Zamboanga del Sur, Philippines.

Petitioner

Petitioner

REPUBLIC OF THE PHILIPPINES )


Province of Zamboanga del Sur
) S.S.
Municipality of Dimataling
)
x----------------------------------------x

VERIFICATION & CERTIFICATION AGAINST NON-FORUM


SHOPPING
We, _______________ and ________________, Filipino, of legal age, registered
voters for the 2016 National Elections, and a resident of Brgy. Poblacion,
Dimataling, Zamboanga del Sur, after having been duly sworn to in accordance
with law, do hereby depose and state THAT:
1. We are the Petitioners in the above-entitled Petition for Exclusion of
Voters;
2. We have caused the preparation of the foregoing Petition and that we
have read all the allegations contained herein, that all the allegations
contained therein are true and correct based on my personal knowledge
and/or on authentic records and documents;
3. We have not commenced any action with the same or similar issues as in
this case before the Supreme Court, the Court of Appeals, agency, office
or tribunal nor is such action pending before the same Courts, agency,
office or tribunal. That if I learn of the filing or pendency of any such
action before the Supreme Court, the Courts of appeals or any other
Court, agency, office or Tribunal, we undertake to inform this Honorable

Court within a period of five (5) days from our knowledge or notice
thereof;
IN WITNESS WHEREOF, We have hereunto set our hands this 29th day
of January 2016 at Pagadian City, Zamboanga del Sur, Philippines.

______________________

__________________________

Petitioner

Petitioner

SUBSCRIBED AND SWORN TO BEFORE ME this 29th day of January


2016 at Pagadian City, Philippines.
Doc. No.:_____;
Page No.:_____;
Book No._____;
Series of 2016.

NOTICE OF HEARING
The Clerk of Court
Municipal Trial Court
____________, Zamboanga del Sur
ERB, Dimataling, Zamboanga del Sur
Sir/Madam:
G R E E T I N G S.
Please be informed that the undersigned has set the foregoing petition for
hearing on _____________________ at ______ oclock in the _________ for
consideration of the Honorable Court or soon thereafter as parties may be
heard.

___________________________
Petitioner

Copy furnished by Personal Service


Election Registration Board

Received By: ______________________;

Signature over printed name


Date: _______________________;

COMELEC, Dimataling, ZDS

Copy furnished by RegisteredMail


FATIMA SAMEN BUTONGKAY
Brgy. Bacayawan,
Dimataling, ZDS

Reg. Receipt No. __________________;


Date: _____________________;

EXPLANATION
In compliance with the Rules on the Service of Pleadings, a copy of this
Petition was furnished to the Election Registration Board through personal
service and to Private Respondent FATIMA SAMEN BUTONGKAY via registered
mail with return card due to distance and time constraints (See Affidavit of
Service attached).

____________________________
Petitioner
REPUBLIC OF THE PHILIPPINES )
Province of Zamboanga del Sur
) S.S.
Municipality of Dimataling
)
x - - - - - -- - - - - - - - - - - - - - - - x

AFFIDAVIT OF SERVICE
I, EDMAR EISMA, of legal age, Filipino citizen, single and a resident of
Tiguma, Pagadian City, Philippines, under oath and aver:
1. On this day, I filed before the ____ MCTC via Personal Service and to
Board of Election Inspectors and to respondents by register mail;
IN WITNESS HEREOF, I hereunto set my hand this 29th day of January
2016 at Pagadian City, Zamboanga del Sur, Philippines.

EDMAR EISMA
Affiant
SUBSCRIBED AND SWORN to before me this 29th day of January 2016
affiant personally appeared known to me to be the same person.