Republic of the Philippines

5th JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 8
Rawis, Legazpi City

FAMILY COURT

PEOPLE OF THE PHILIPPINES,

Complainant,
CRIM. CASE NO. FC-14-1479
-versus- For: Violation of Sec. 5(b) RA 7610

JOSE WOODY MORAL ,

Accused.
x------------------------------------------------x
PEOPLE OF THE PHILIPPINES,
Complainanat,
CRIM. CASE NO. FC-18-2530
-versus- For: Attempted Murder

KIRK REY FRANCISCO ,

Accused.
x-------------------------------------------------x

MOTION TO ALLOW ACCUSED

TO VOTE ON MAY 13, 2019 ELECTION
ACCUSED Jose Woody Moral (MORAL) and Kirk Rey Francisco
(FRANCISCO), as represented by the Public Attorney’s Office, through the
undersigned counsel, unto this Honorable Court, respectfully aver:

1. They are presently detained at Bureau of Jail Management and Penology –

Camalig, Albay (BJMP - Camalig);

2. They are intending to exercise their right of suffrage in the upcoming

election on May 13, 2019. Attached herewith as ANNEX 1 is the letter
from SJO4 Alvin S. Orlain, Officer-in-Charge of BJMP – Camalig;

3. Accused MORAL is a registered voter of Brgy. 7 (Poblacion), Camalig,

Albay with Voter Identification No. 0502-0032B-E0472JNM10000-2. He is
registered to vote at Camalig North Central School, Brgy. Salugan,
Camalig, Albay under Precinct No. 0032B;

4. Accused FRANCISCO is a registered voter of Brgy. 7 (Poblacion), Camalig

Albay with Voter Identification No. 0502-0032A-C0896KLF10000-1. He is
registered to vote at Camalig North Central School, Brgy. Salugan,
Camalig, Albay under Precinct No. 0032A;

5. Pursuant to Sec. 1, Rule 7 of COMELEC Resolution No. 9371 (Rules and

Regulation on Detainee Registration and Voting in Connection with the May 13,
2013 National and Local Elections and Subsequent Elections Thereafter),
Escorted Detainee Voting is allowed for detainee voters in detention
centers/jails where no special polling places are established, to wit:
 RULE 7
ESCORTED DETAINEE VOTING

SECTION 1. Escorted Detainee Voters - The following shall avail

of the escorted voting:

1. Detainee voters who are residents/ registered voters of

municipalities/cities other than the town/city of detention;
and

2. Detainee voters in detention centers/ jails where no

special polling places are established.

Provided: that said detainee voters obtained court orders allowing

them to vote in the polling place where they are registered.

Provided further: that it is logistically feasible on the part of the

jail/prison administration to escort the detainee voter to the polling
place where he is registered.

Provided, finally: that reasonable measures shall be undertaken by

the jail/prison administration to secure the safety of detainee
voters, prevent their escape and ensure public safety.

6. After conferring with the authorities of BJMP – Camalig, it was confirmed

that no special polling place is to be established inside said jail because the
number of qualified detainee voters therein are less than fifty (50) as
prescribed under Sec. 1, Rule 3 of COMELEC Resolution No. 9371. Thus,
registered detainee voters inside BJMP – Camalig are qualified to avail of
the Escorted Detainee Voting under Sec. 1, Rule 7 of COMELEC
Resolution No. 9371;

7. Furthermore, it is logistically feasible on the part of BJMP – Camalig to

escort both Accused to the polling places where they are registered;

8. Thus, Accused MORAL and FRANCISCO respectfully pray that they be

allowed to vote at their designated voting precinct at Camalig North
Central School, Brgy. Salugan, Camalig, Albay.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that:

1. Accused JOSE WOODY MORAL be allowed to vote on May 13, 2019 and
for this purpose be escorted to precinct No. 0032B at Camalig North
Central School, Brgy. Salugan, Camalig, Albay on said date at the earliest
possible time;

2. Accused KIRK REY FRANCISCO be allowed to vote on May 13, 2019 and
for this purpose be escorted to precinct No. 0032A at Camalig North
Central School, Brgy. Salugan, Camalig, Albay on said date at the earliest
possible time;
 3. Reasonable measures be undertaken by the jail guards who will escort
both Accused to secure their safety, prevent their escape and ensure
public safety.

Other reliefs just and equitable are likewise prayed for.

Legazpi City, April 29, 2019.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Legazpi City District Office II
Penaranda Park, Legazpi City

By:

GEORGEANNA RAINBOW S. RAYCO-ANDES

Public Attorney II

REQUEST/NOTICE OF HEARING

Atty. Rosalita Barola-Barcelona

Clerk of Court – Br. 8

Pros. Shella L. Abellano

Pros. Esmeralda H. Paco

Madam:

Please submit the foregoing motion for the consideration of the Honorable
Court on MAY 3, 2019 at 8:30 o’clock in the morning.

Thank you.

Georgeanna Rainbow S. Rayco-Andes

Copy Furnished:

PROS. SHELLA L. ABELLANO

Office of the Provincial Prosecutor of Albay
Rawis, Legazpi City

PROS. ESMERALDA H. PACO

Office of the Provincial Prosecutor of Albay
Rawis, Legazpi City