Sei sulla pagina 1di 5

Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES


Fourth Judicial Region
MUNICIPAL TRIAL COURT
SABLAYAN, OCCIDENTAL MINDORO

JANETTE ACOSTA DE SARZATE


Protestant,

----versus---- For:
ELECTION PROTEST

NOEMER FERNANDEZ SONIO


Protestee.

x----------------------------------------------x

PROTEST
PROTESTANT through counsel unto this Honorable Court, most
respectfully avers:

1. That he is a qualified voter and was one of the registered


candidates voted for in the general election held on Barangay
San Francisco, Municipality of Sablayan, in the Province of
Occidental Mindoro, Philippines, within the jurisdiction of the
court;

2. That according to the certificate of canvass of the Barangay


Board of Canvassers of the Barangay San Francisco,
Sablayan, Province of Occidental Mindoro, the total votes for
the office of the Punong Barangay for the said Barangay was
1,197 the Protestee appearing to have received 599 votes, the
Protestant 485 votes and the other registered candidate voted
for, as follows:

PRECINT 83 84 85 86 87 GRAND
NUMBER TOTAL
PUNONG BARANGAY
Sarzate, Janette A. 103 100 102 122 159 485
Sonio, Noemer F. 137 85 87 118 172 599
Vergara, Ernesto S. 21 12 26 21 33
Total: 1,197

1
3. That on May 14, 2018, the said Barangay Board of
Canvassers proclaimed the Protestee NOEMER FERNANDEZ
SONIO elected to the office of the Punong Barangay of
Barangay San Francisco, Municipality of Sablayan, Province of
Occidental Mindoro;

4. That the Protestant contests the election of the said


respondent on the following grounds:

4.a The Protestee was found GUILTY by the Ombudsman


of the offense of Grave Misconduct and Conduct Prejudicial
to the Best Interest of the Service in the case titled Janette
Acosta De Sarzate, et al vs Noemer Fernandez Sonio,
docketed as OMB-L-A-16-0387, wherein he was meted the
administrative penalty of DISMISSAL FROM THE SERVICE,
with cancellation of eligibility, forfeiture of retirement
benefits, perpetual disqualification from holding public
office and bar from taking civil service examinations
pursuant to Section 10, Rule 111, Administrative Order No. 7,
as amended by Administrative Order No. 17, in relation to
Section 25 of Republic Act No. 6770. (For the consumption of
the Honorable Court, herein attached is the copy of Decision of
the Ombudsman in OMB-L-A-16-0387 marked as ANNEX “A,
A-1, A-2, A-3, A-4, A-5, A-6 and A-7”)

4.b That said order of Dismissal from Service was


imposed upon the Protestee by the DILG-NAPOLCOM through
a letter of 1st Indorsement dated July 13, 2017 and received by
the Municipal Mayor on July 31, 2017. (For the consumption
of the Honorable Court, herein attached is the copy of letter of
1st INDORSEMENT dated 13 July, 2017 marked as ANNEX
“B”

5. That the Protestant is willing to give a bond, as this


Honorable Court may determine to cover all reasonable
expenses and costs and damages, incidental to these
proceedings;

THE RELIEFS PRAYED FOR

WHEREFORE, it is respectfully prayed:

1. That upon service of summons in accordance


with law, a day be set for the hearing of the protest;

2
2. That an order be issued to the Municipal
Treasurer of the Municipality of Sablayan to bring and present
before the Honorable Court on or before the day of the hearing
of this protest the ballot boxes, copies of the registry list, the
election statements, the voter’s affidavits, and other
documents used in the said election in said municipalities, in
order that this Honorable Court may re-examine and revise
the same;

3. That after due proceedings, the election of the


Protestee, NOEMER FERNANDEZ SONIO for the office of
Punong Barangay of San Francisco, Municipality of Sablayan,
Province of Occidental Mindoro be annulled and that the
Protestant be declared duly elected instead;

4. That the expenses, costs, attorneys fees and


appearance fees incurred in these proceedings be assessed
against the Protestee.

Sablayan, Occidental Mindoro, Philippines, this 22 nd day of


May 2018.

ATTY. MELVIE E. SILVERIO


Counsel for the Petitioner
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE No. Exempt
Email at bhem197896@gmail.com

Copy Furnished:

NOEMER F. SONIO
Barangay, San Francisco
Municipality of Sablayan
Province of Occidental Mindoro

3
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, JANETTE ACOSTA DE SARZATE, Filipino, of legal


age, married and with residence and postal address at
Barangay San Francisco, Municipality of Sablayan, Province of
Occidental Mindoro after being sworn in accordance with law,
do hereby deposes and states:

1. That I am the Protestant in the above mentioned case;

2. That I have caused the preparation and filing of this


case;

3. That I have read the contents thereof and that the


same are true and correct to the best of our knowledge or
based on authentic records;

4. That we further states that:

a) That we have not theretofore commenced any


action of any claim involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of my
knowledge, no such action or claim is pending therein;

b) If there is such other pending action or claim, a


complete statement of the present status thereof; and

c) If we should thereafter learn that the same or


similar action or claim has been filed or is pending, we shall
report the fact within five (5) days therefrom to the court
wherein our aforesaid complaint or initiatory pleading has
been filed.

IN WITNESS WHEREOF, I have hereunto set my hands


this 22nd of May, 2018,

JANETTE ACOSTA DE SARZATE


Affiant

SUBSCRIBED AND SWORN to me, before this 22 nd of May,


2018 in the Municipality of Sablayan, Province of Occidental
Mindoro.

4
Name I.D. No. Place/Date Issued
___________________ ________________ ___________________
___________________ ________________ ___________________
___________________ ________________ ___________________

who have satisfactorily proven their identity tp me through


their respective competent evidence of identification who are
the same persons who personally signed before me the
foregoing Verification and Certification Against Forum
Shopping and acknowledge that they executed the same.

ATTY. MELVIE E. SILVERIO


Counsel for the Petitioner
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE No. Exempt
Email at bhem197896@gmail.com

Doc. No. _________;


Page No. _________;
Book No. _________;
Series of 2018.