Professional Documents
Culture Documents
IN THE MATTER OF
PETITION FOR WRIT OF
HABEAS CORPUS
COMES NOW the petitioner by the undersigned counsel, and unto this
Honorable Court, respectfully avers:
Respectfully Submitted.
Lucena City, June 13, 2011
I, SUSAN DELA CRUZ, of legal age, Filipino, and a resident of 456 Balba
St. Lucban, Quezon, after being duly sworn to in accordance with law, depose and
says:
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
Doc. No. 1 ;
Page No. 2 ;
Book No. 3 :
Series of 2011.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 54
MAKATI CITY
IN THE MATTER OF :
WRIT OF KALIKASAN WITH
PRAYER FOR TEMPORARY
ENVIRONMENTAL PROTECTION
ORDER
versus –
PETITION FOR
WRIT OF KALIKASAN
COMES NOW the petitioners by the undersigned counsel, and unto this
Honorable Court, respectfully avers:
16. The Petitioners are existing residents and inhabitants of Barangay 183
and Magallanes Village. Some of them have likewise established their
respective businesses and livelihood therein.
17. On 13 July 2009, without the prior authority from and approval by
Respondent Barangay Council of Barangay 183, Zone 20, Villamor Air
Base, Pasay City (hereinafter referred to as “Respondent Barangay
Council”) and without the prior consultation with the constituents of the
barangay, Respondent Barangay Chairman Cesar S. Toledanes
(hereinafter referred to as “Respondent Toledanes”) issued a Barangay
Working Permit Clearance “for the installation of 115 KV sub-
transmission lines and poles at the10th and 12th Streets of Barangay
183.”[2]
19. Also, despite the close proximity of the installation of the high tension
wires and poles to the nearby Magallanes Village in Makati City, the
residents and inhabitants of the same were not notified or consulted
with respect to such plans.
20. Thus, sometime in August 2010, Respondent MERALCO began
erecting towering posts along the 10th, 12th and 27th streets of
Barangay 183 and lining the perimeter wall between Barangay 183
andMagallanes Village.[4] The thirty (30) foot-high poles will hold the
transmission lines that will supply more or less one hundred fifteen
(115) Kilovolts (KV) of electricity to the Ninoy Aquino International
Airport III (NAIA 3).
21. Petitioners were not informed that Respondent MERALCO was going
to erect such posts in Barangay 183 either by Respondent MERALCO,
Respondent MIAA, who administers and operates the Ninoy Aquino
International Airport III (NAIA 3), and Respondents Toledanes, Ruth
Cortez, Ricardo Dimaano, Leonardo Abad, Normita Castillo and
Amante C. Cacacho, who are the barangay officials of Barangay 183.
As such, Petitioners were surprised to find out Respondent MERALCO
had already begun erecting the said posts without their knowledge and
without public discussion.
22. The high tension transmission lines shall traverse the entire 10th and
12th streets of Bgy. 183, and shall pass along the concrete wall
separating Barangay 183 of Pasay City and Magallanes Village of
Makati City.
24. The alarming presence of the towering posts being erected in close
proximity to–that is, as near as one (1) meter from–the respective
properties of Petitioners-Residents of Bgy. 183 and less than ten (10)
meters from the respective properties of Petitioners-Residents of
Magallanes Village, and the hazardous effects of the high tension wires
to their health and safety, bring Petitioners to seek the intervention of
this Honorable Court.
26. That the petitioner through counsel has exhausted all efforts
available at law, and that he has no other pain, speedy, and
adequate remedy to protect his personal rights except by his
application for a Writ of Kalikasan and to issue a Temporary
Environmental Protection Order (TEPO), which is a feature
introduced by the new Rules of Procedure for Environmental
Cases (AM No. 09-6-8-SC), under which their petition was filed.
A TEPO will prohibit the further installation of new poles and
transmission lines while the case is pending with the court.
Petitioners also pray for such other reliefs as are just and equitable under
the premises.
Respectfully Submitted.
By:
H. HARRY L ROQUE, JR.
Roll No. 36976
PTR No. 2115877, 01.13.10, Makati City
IBP No. 499912, Makati City, Lifetime Member
MCLE Exemption No. III-001000, 04.26.10
DEXTER DONNE B. DIZON
Roll No. 54013
PTR No. 2115880, 01.13.10, Makati City
IBP No. 811903, 01.12.10, Laguna
MCLE Compliance No. III-0013474, 04.21.10
Copy furnished:
MANILA ELECTRIC COMPANY (MERALCO)
MERALCO Building
Ortigas Avenue, Pasig City
BARANGAY CHAIRMAN CESAR S. TOLEDANES
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
BARANGAY COUNCIL OF BARANGAY 183
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RUTH M. CORTEZ
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RICARDO R. DIMAANO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
LEONARDO A. ABAD
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
NORMITA CASTILLO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
AMANTE C. CACACHO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA)
MIAA Administration Building
NAIA Complex Pasay City
EXPLANATION ON SERVICE BY REGISTERED MAIL
Due to distance, time constraints and lack of messengerial services, this Petition
for Writ of Kalikasan is being served on the Respondents by registered mail.
I, JUAN DELA CRUZ, of legal age, Filipino, and a resident of 456 Balba St.
Lucban, Quezon, representing the petitioners, after being duly sworn to in
accordance with law, depose and says:
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
Doc. No. 1;
Page No. 2;
Book No. 3:
Series of 2010.
COMES NOW the petitioner by the undersigned counsel, and unto this
Honorable Court, respectfully avers:
31. The lives, liberty and security of Petitioner and her uncle and
family have been threatened by the abductors and kidnappers of
Petitioner and are in real danger and imminent threat; The
distance of the travel and the sounds heard by Petitioner in the
place Where the Petitioner and the two men were brought as well
as the buildings are described by Petitioner places inside Fort
Magsaysay;
33. The initial reports tallied with the same patterns of abduction
and kidnapping done by military forces to commit the crime with
impunity and brazenly done Which CAN be done only by people
who authorities are;
34. The police and military authorities and the Office of the
President have not done anything to investigate their personnel
in the commission of this dastardly crime and if any investigation
was made, the investigation was shallow and pro-forma without
any intention of really solving the crime;
35. The Petitioner has been declared by those who abducted her as
being in the Order of Battle (OB) and has been investigated to be
a member of the NPA - without the presence of counsel despite
persistent demand for one. The labeling and listing her in the OB
is a violation of her privacy rights and list and label THESE
MUST BE expunged from all records taken during the said
tactical interrogation;
36. A camera containing a memory card, the iPod, the laptop and
the journal, contain materials Which private to the petitioner,
which were taken from her be returned including the
sphygmomanometer, stethoscope, the medicine, the P 15,000.00
cash robbed from her;
37. That Petitioner has exhausted all efforts legally available and that
there is no other plain, speedy, and adequate remedy except by
this application for a writ of habeas data.
ENRIQUE DE SILVA
PTR 5441971, 1/07/12, Prov. Cebu
Lifetime MEMBER NO. 01032, Cebu
Second Flr., Erythrina Bldg.,
corner Matatag sts., Stable Barangay
Central, Quezon City
Roll 37453, Page 491, Book XV
MCLE Compliance II 001709, 12/3/2009
VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING FOR PETITION
FOR WRIT OF HABEAS DATA
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
MELISSA C. ROXAS
Doc. No. 1 ;
Page No. 2 ;
Book No. III :
Series of 2012.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
BRANCH IV
LUCENA CITY
The Petitioner, through the undersigned counsel, and unto this Honorable
Court, most respectfully alleges:
43. That Bart Dizon, is a businessman and was insured (Accidental Death,
with SUNLIFE ASSURANCE CO. OF CANADA, a foreign corporation
with office address at 7th Floor, Interbank building Paseo de Roxas St.,
Makati Metro Manila, under Policy Insurance No. 9146393. Photocopy of
the Insurance Policy is hereto attached and marked as Annex “C” and
made an integral part hereof;
46.That, however, when Bart Dizon was brought to the hospital, he was
declared Dead on Arrival due to the Serious Physical Injuries he sustained.
Photocopy of Certificate of Death is hereto attached and marked as Annex
“D”, and made an integral part hereof;
47. That due to the accident causing the death of Bart Dizon, the petitioner is
instituting this present petition for the purpose of making a claim to the
insurance proceeds of her late husband amounting to FIVE HUNDRED
THOUSAND PESOS (P500,000), from SUNLIFE ASSURANCE CO.
OF CANADA. Photocopy of Claimant ‘s Statement (Death Benefit) Form
B, is hereto attached and marked as Annex “E” and made an integral part
hereof;
PRAYER
WHEREFORE, premise considered, it is respectfully prayed after due
notice and hearing, petitioner be appointed as LEGAL GUARDIAN of her minor
children to claim the insurance proceeds and other benefits that may due him
and that corresponding Letters of Guardianship be issued in favor of LISA
SIMPSON-DIZON.
ATTY. JOSE REYES
Counsel for the Petitioner
Until December 31, 2012
PTR NO. 001/01-01-01/Lucena City
IBP NO. 002/02-02-02/Quezon Province
Roll No. 49606
VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
______________________
LISA SIMPSON-DIZON
x---------------------------------------------x
COME NOW the petitioner by the undersigned attorney, and unto this
Honorable Court, respectfully avers:
That the petitioner , having all the legal qualifications and being of
sound and disposing mind and memory, and not acting under undue
influence, violence, fraud, or intimidation of whatever kind, did execute
such will in accordance with the requirements and formalities of law--- a
copy of which is attached as Annex “A” and made an integral part of this
petition.
54. For the purpose of rendering this Last Will and Testament
effective thru the proper proceeding in court, I hereby
designate and constitute BELLA T. PAEZ, to be the
executor of my Last Will and Testament, and in her default or
incapacity to act, I hereby name her sister as her substitute
ANGELINA S. TORRES;
55. I hereby direct that the executor named herein or her lawful
substitute should serve without bond;
4. That the petitioner disposes by his will properties real and personal,
approximately ONE MILLION PESOS (P1,000,000.00).
5. That there are 5 copies, duly signed and executed, of this will and
said copies are in the custody of the following persons: ANGELO
MIGUEL TORRES, BELLA T. PAEZ and ANGELINA S. TORRES.
ATTESTATION CLAUSE
____________________________
CLAIRE F. MENDEZ No. 22 Maderal St., Lucban, Quezon
Witness
____________________________
IMELDA C. BALA Patricio St., Fabie Heights, Lucban, Quezon
Witness
_____________________________
IRENE A. MIRANDA No. 39 Rizal Ave., Lucban, Quezon
Witness
REPUBLIC OF THE PHILIPPINES
PROVINCE OF QUEZON }
MUNICIPALITY OF LUCBAN } S.S.
All know to me to be the same persons who signed the foregoing Will, the
first as testator and the last three as instrumental witnesses, and they respectively
acknowledged to me that they signed the same as their own free act and deed.
This Will consists of three (3) pages, including the page on which this
acknowledgment is written, and has been signed on the left margin of each and
every page thereof by the testator and his witnesses, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above-written.
Doc. No. 1 ;
Page No. 2 ;
Book No. III ;
Series of 2012.
VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
______________________
ENRIQUE TORRES
Petitioners,
x--------------------------------------------x
COME NOW the petitioners by the undersigned attorney, and unto this
Honorable Court, respectfully avers:
1. That the petitioners are husband and wife, both of age, and residents of
12 A. J.V. Eleazar St., Lucban,Quezon;
3. That the father of said minor is now dead, and only her mother, named
HONORARIA REYES, is alive;
5. That the petitioners are qualified to adopt the said minor, and will be
able financially and morally, to bring up and educate said minor, properly and
adequately.
Copy Furnished:
58. That I caused the preparation of the foregoing petition and I read the
allegations therein and certify that the same are true and correct of my
personal knowledge;
59. I further certify that I have not commenced any other action involving
the same issues before the Supreme Court, Court of Appeals or any
tribunal or agency; to the best of my knowledge no such action is
pending before Supreme Court, Court of Appeals or any tribunal or
agency; and
60.That in the event that that any action involving the same should be
known, I hereby bind myself to report to the same within five (5) days
(5) days from knowledge thereof to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of June
2007, at Lucena City.
_____________________
MARIA DELA CRUZ
Doc. No. 1 ;
Page NO. 2 ;
Book No. 3 ;
Series of 2012.
REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 20
Lucena City
61. versus -
COMES NOW, the petitioner, through the undersigned counsel, and unto
this Honorable Court, most respectfully avers:
That , likewise, in entry No. 4, there appears an entry that reads MALE
which purports to be the gender of the petitioner;
That from the aforementioned premises, it is but proper and lawful for
the petitioner to seek the intervention of this Honorable Court to order
the necessary corrections in the Certificate of Live Birth of herein
petitioner for convenience and avoidance of future confusion ;
Respectfully Submitted.
That I am the petitioner in the above-entitled case, that I have caused the
preparation of the preparation of the foregoing petition and understood the
contents thereof, and I hereby declare that all the allegations contained therein
are true and correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed a
similar case involving the same issues in the Supreme Court, Court of Appeals or
any tribunal or agency, I shall inform the Court, tribunal or agency of such fact
within five (5) days thereof.
______________________
BENNY RACELIS PALENZUELA
Affiant
GREETINGS!
Please submit the foregoing Petition upon receipt hereof for the kind
consideration and resolution of this Honorable Court.
Copy Furnished:
Copies of the Petition with its annexes here furnished to the Office of the
Solicitor General, Provincial Prosecutor, Local Civil Registrar of Lucban, Quezon,
Civil Registrar-General, by registered mail due to lack of manpower and distance
separating the parties.
VERIFICATION
I, JUAN DELA CRUZ, the petitioner, hereby certify that the allegations herein
are true and correct to the best of my knowledge and belief.
Doc. No. 1 ;
Page. No. 2 ;
Book. No. 3 ;
Series of 2010.
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For C/MCR use only
ACTION TAKEN BY THE C/MCR
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AFFIRMED IMPUGNED
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PETITION
6. Petitioner has paid his membership fee with the Integrated Bar of
the Philippines as per IBP Official Receipt No. 12345 dated January 1, 2010, a
photocopy of which is attached hereto as Annex “B”. He has also paid the
Professional Tax Receipt due his as evidenced by PTR No. 123456 dated January
1, 2010 a photocopy of which is also attached herewith as Annex “C”.
7. The true impression of Petitioner’s notarial seal is attached to this
Petition together with the three specimens of his signature as Annexes “D” and
“E” respectively.
PRAYER
Respectfully submitted.
NAME
PTR No. 12345-03-04/7-28-10/Makati
City
IBP No. 12345-09/4-28-10/Quezon City
VERIFICATION
I, JUAN DELA CRUZ, of legal age with address at 1234 AYALA AVENUE,
MAKATI CITY, depose and state:
3. I certify that I have read and understood the contents thereof and
verify that the facts stated therein are true and correct based on my
personal knowledge and authentic records.
Doc. No.
Page No.
Book No.
Series of 2010.