REPLUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONMAKATI CITY, Branch

IN THE MATTER OF THE

VALIDITY OF
Ordinance No. 2345

INA API, Plaintif,

- versus
Civil Case No. 2468
THE CITY COUNCIL OF QUEZON CITY,
Defendant.
x --------------------------- x

PETITION FOR DECLARATORY RELIEF

COMPLAINT PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City;

defendant is the City Council of Quezon City, the duly-constituted legislative
body for Quezon City, its members may be served with notices at Quezon
City Hall.

2. On 1 August 1999, defendant City Council passed Ordinance No.

2345 making it unlawful to operate cellular phone units while inside a moving
vehicle and penalizing any violations with a fine of P1,000.00 for each offense
in addition to impounding of the cellular phone unit. The relevant portions of
the Ordinance are, as follows:

(Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered

discretion to the authorities to stop even urgent and important calls which
may be made only while the person is in transit. It fails to consider that, due
to the worsening traffic conditions in Metro Manila, majority of business is
conducted in transit and over cellular phones. Plaintiff is a lawyer who
frequently has to dictate important pleadings over the phone while in transit
due to the worsening traffic condition. The Ordinance appears to bar his
doing so but plaintiff is unaware of the limits of permissible action under the
Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and

irreparable injury because he is unsure of the instances when he may lawfully
use his cellular phone while in a moving vehicle and when such use may lead
to confiscation and a fine.

WHEREFORE, plaintiff respectfully prays that this Honorable Court

grant declaratory relief and declare plaintiffs rights and duties under the
Ordinance.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff
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