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PPPPPPPPPPRepublic of the Philippines

6th Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
Branch 2
Roxas City

DELIANDRE C. ILISAN vs.


RODULF AMANE AGNAS,
et al. ELECTION CASE NO. 07-01
x------------------x

DECISION

In consonance with R.A. 8189 (Voters Registration Act of 1996)


in relation to Comelec Resolution No. 8257, promulgated on 24 July
2007, this Petition for Exclusion of Registered Voters was filed
seasonably at the 11th hour, by a registered voter of Barangay 6, Roxas
City for the exclusion of voters in Precinct 0029-A of the same
Barangay on the ground of non residence. Pursuant to the said law,
notice of the place, date and time of the hearing of the Petition was
served upon the members of the Board and each of the challenged
voters personally by the Process Servers and Sheriffs of this Court and
of the Clerk of Court, MTCC Roxas City. Considering the nature and
urgency of this case, summary hearings in the morning and afternoon
sessions of this Court were held affording all parties the opportunity
to present evidence.

Petitioner thru counsel Atty. Miguel B. Albar marked and


presented the following evidence:

Exh. A- Return of Service of Notice of Hearing;


Exh. B Notice of Hearing with the signatures of
respondents;
Exh. C- Joint Affidavit of five (5) Barangay Kagawads of
Barangay 6, one of whom is the petitioner Deliandre C. Ilisan;
Exh. D- The Petition with Annexes A- List of New
Registrants and B- List of old challenged voters in the permanent
list.

Petitioner and the other four (4) Kagawads indentified their


respective signatures (Exhs. C-1, C-2, C-3, C-4, and C-5),
confirmed and affirmed their Joint Affidavit (Exh. C) collectively
alleging that all the respondents do not have the required six (6)
Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 2

months residence in Barangay 6, except for respondents Padernal,


Lindy Pineda and Uonce, Ma. Elena Frianela, whom they know as
bona fide residents of Barangay 6 and should not have been included
in the Petition in the first place.

On the other hand, most of the respondents appeared in Court


without counsel and were unable to file an Answer as they did not
know any better, being unschooled and without resources. Atty.
Genalyn Jimenez, COMELEC Election Officer of Roxas City entered
her appearance for respondent Board of Election Inspectors. With a
view to giving respondents (challenged voters) due process as
required by law, the Court appointed Atty. Genalyn Jimenez counsel
de officio for all respondents. Atty. Jimenez was later joined by Atty.
Romeo Fernandez, a retired Provincial Fiscal of the Province of Capiz,
who volunteered his services and took up the cudgels for all the
respondents.

Without any formal written Answer, respondents were allowed


to controvert the Petition and given their day in Court at the
marathon hearing.

Testifying on the witness stand, respondent Bando, Lenie


Jasareno, 28 years of age, averred that she lives in the house of her
Aunt Helen Arches at Rizal Street, Barangay 6, Roxas City for the last
five (5) years; that she works as Admitting Clerk at the Roxas
Memorial Provincial Hospital, Arnaldo Boulevard, Roxas City, and
that she is the common law wife of Lloyd Arches who also resides in
the said Arches compound, Barangay 6, Roxas City.

To abbreviate the proceedings without need of calling each and


every respondent present to take the witness stand, the Court called
on an amicus curiae in the person of Noel F. Agapito, incumbent
Barangay Chairman (Captain) of Brgy. 6, Roxas City, who happened
to be outside the Courtroom. Barangay Captain Noel F. Agapito, 59
years of age, resident of Zamora-Aglipay Streets, has been serving the
Barangay for thirteen (13) years now, testified:

1. that Agnas, Rodulf Amane is known to him as a


resident in the boarding house of Sally Juson at Eloisa
St., Brgy. 6 for over a year now as they are neighbors;
2. Bando, Lenie Jasareno is known to him five (5) years
ago; has been staing in the house of her Aunt Helen

Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 3

Arches inside Arches compound along Rizal Street;


often sees her there;
3. Bueno, Maryvic Padasas is known to him since 2002
up to the present; stays in the boarding house of Lolita
Entoque, a BHW of Brgy. 6;
4. Dialane, Enuely Masicampo is not known to him;
neither is she known in Brgy. 6;
5. Mabitad, Edchel Villaser is known to him to be living at
Rizal St., at the dental clinic of Pol de la Cruz, a dental
technician who prepares false teeth; a bona fide
resident of Brgy. 6, Roxas City;
6. Macadat, Brigette Aguiron is known to him; present in
Court; she stays in the house of Arches at Rizal St.,
Brgy. 6; been there since last year;
7. Malaramas, Julius Villanueva is not known to him;
neither is he known in Brgy. 6;
8. Amable, Alvin Nato is known to him having been
residing in the house of Vasquez in Washington St.,
Brgy. 6 since 2002; the nephew of CVO Chief of Brgy.
6;
9. Azoro, Anthony Nato is known to him who is also
residing at Washington St., inside Dinglasan
compound since 2002 and the son of CVO Chief of
Brgy. 6;
10. Balbino, Gary Arrolado is known to him being his
schoolboy and is presently attending classes; about 21
years old; he is his relative; spends for his schooling;
stays at his house at Aglipay St., Brgy. 6;
11. Balbino, Joel Didulo is know to him being the brother
of Gary; stays at his house for five (5) years already;
also his schoolboy;
12. Balbino, John Mark Arrollado is known to him being
the brother also of Gary; stays at his house for five (5)
years already; and also his schoolboy;
13. Batan, Sr. Eugene Talayon is known to him who has a
three (3) year old son; married a Villanueva, resident
of Brgy. 6 and his neighbot at Brgy. 6;
14. Begalan, Gary Diangco is not known to him, neither is
he known in Brgy. 6;
15. Berdugo, Maria Riza dela Cruz is known to him being
a resident of Lope Jaena St.,; stays there for about
three (3) years already; in the house of Baby Arnaldo
near Jos Manokan at Brgy. 6;

Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 4

16. Borres, Vergie Flores is known to him and is his


neighbor; staying in the house of Jacob in Brgy. 6 for
more than a year already;
17. Borres, Anamae Padasas is known to him being the
sister of CVOs Noe and Zaldy Bueno; stays at Aglipay
St., for five (5) years already; about five (5) houses
away from his;
18. Bueno, Clara Lisao is known to him being the
sister-in-law of Anamae; wife of CVO Zaldy Bueno;
known her for five (5) years already; resides at Aglipay
St., but temporarily staying at the riverside of BLTC
because their house is being repaired for five (5)
months now; has a stall at BLTC selling charcoal, etc.;
will go back to Brgy. 6 after house there is repaired;
19. Bias, Lowell Villaruz is not known to him, neither is
he known in Brgy. 6;
20. dela Pieza, Marlapaz Delfin is known to him;
resides at Opanto residence at Zamora St., an
ambulant Julies bread peddler for more than seven (7)
months;
21. Golez, Brando Agnas is known to him being a resident
at Sally Jusons residence for more than one (1) year;
Jusons house is along Eloisa St., Brgy. 6;
22. Golez, Kimberly Agnas is known to him; she has a
class at present; resides in the house of Sally Juson at
Eloisa St., Brgy. 6; known her for almost a year; often
see her at the house of Sally Juson;
23. Guanizo, Roger Espinilya is known to him as one of
his neighbors; residing at Zamora St., with Marlapaz
dela Pieza, but they are not husband and wife;
24. Malelosio, Robert Entero is known to him and is his
neighbor for seven (7) months; a relative of deceased
neighbor Jacob who died about two (2) years ago;
25. Odiada, Ruel Duga is known to him and a security
guard who resides in the boarding house of Nilo
Amoroso at Washington St., Brgy. 6; known him for
five (5) to seven (7) years now;
26. Padernal, Lindy Pineda is known to him being his
neighbor; stays in the house of her mother-in-law
Lucia Jacob for about three (3) years now;

Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 5

27. Tedes, Andiolena Baling is not known to him,


neither is she known in Brgy. 6; but knows a certain
Teves, Andiolena who resides at Rizal St., Brgy. 6;
28. Uonce, Maria Elena Frianela is known to him to be a
bonafide resident of Brgy. 6;
29. Balbino, Rolando Fernandez is known to him as old
registrant appearing in the Permanent List of Voters
and bona fide resident of Brgy. 6;
30. Balbino, Lodrego Bastian is known to him as old
registrant appearing in the Permanent List of Voters
and bona fide resident of Brgy. 6;
31. Balbino, Salvacion Fernandez is known to him as
old registrant appearing in the Permanent List of
Voters and bona fide resident of Brgy. 6;
32. Bergantinos, Roy Jomilla is known to him as old
registrant appearing in the Permanent List of Voters
and bona fide resident of Brgy. 6;

The Petition suffers from an infirmity as regards these last four


(4) respondents in that the Petition is not accompanied by proof of
notice to them and therefore a denial of due process which is fatal.
Sec. 35 of R.A. 8189 provides:

Sec. 35. Petition for Exclusion of Voters from the List.


Any registered voters, representative of a political party
or the Election Officer, may file with the court a sworn
petition for the exclusion of a voter from the permanent
list of voters giving the name, address and the precinct of
the challenged voter at any time except one hundred
(100) days from a regular election or sixty-five (65) days
before a special election. The petition shall be
accompanied by proof of notice to the Board and to the
challenged voter and shall be decided within ten (10)
days from its filing.

Under existing rules governing the Barangay election on


October 2007, the following are the qualifications of a voter:
1. citizen of the Philippines;
2. eighteen (18) years of age or over, on election day;
and
3. a resident of the Philippines for at least one (1) year
nd actually residing in the barangay wherein he/she
Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 6

4. proposes to vote for at least six (6) months


immediately preceding the election.

From the evidence submitted, it is very clear that the following


are non-residents of Barangay 6, Roxas City, and therefore, should
not be allowed to vote in this coming Barangay Elections, to wit:

1. Dialane, Enuely Masicampo


2. Malaramas, Julius Villanueva
3. Begalan, Gary Diangco
4. Bias, Lowell Villaruz
5. Guanizo, Roger Espinilya; and
6. Tedes, Andiolena Baling

There is, however, a Teves, Andiolena Baling residing at Rizal


St., Roxas City but the petition cites Tedes, Andiolena Baling which is
apparently a different person, or a misspelling of the family name
which is another matter.

The right of suffrage is guaranteed by the Constitution and must


not be withheld except in highly meritorious and legal grounds. The
evidence of non-residence against most of the respondents has not
demonstrated with convincing certainty their lack of this qualification
as to justifiably prevent them from exercising the right to vote in this
Barangay Elections. It is a basic rule in election cases that should
there be doubt; the same must be resolved in favor of the right to
vote.

WHEREFORE, judgment is hereby rendered directing the


Board of Election Inspectors of Barangay 6, Roxas City to delete the
names of and exclude from the list of qualified electors of
Precinct No. 0029-A the following:

1. Dialane, Enuely Masicampo


2. Malaramas, Julius Villanueva
3. Begalan, Gary Diangco
4. Bias, Lowell Villaruz
5. Guanizo, Roger Espinilya; and
6. Tedes, Andiolena Baling

The Petition is hereby DISMISSED for lack of merit with


respect to the rest of the respondents.

Decision
Election Case No. 07-01
Precinct No. 0029-A, Brgy. 6, Roxas City
Page 7

Furnish copy hereof the Board of Election Inspectors,


COMELEC Officer at City Hall, Roxas City, Atty. Miguel B. Albar for
petitioner and Atty. Romeo Fernandez for respondents.

SO ORDERED.

Roxas City, 31 August, 2007.

ELIAS A. CONLU
Presiding Judge

eden