REPUBLIC OF THE PHILPPINES

REGIONAL TRIAL COURT

BRANCH 25
CITY of MANILA

IN THE MATTER OF THE

PETITION TO APPROVE THE
HOLOGRAPHIC WILL OFF PEDRO
DELA CRUZ JUAN DELA CRUZ
Petitioner,

-versus- SP.
PROC. CASE NO. 123
LUCAS DELA CRUZ
Oppositor,
x-------------------------------------------------x

NOTICE OF APPEAL

PETITIONER JUAN DELA CRUZ, by counsel and unto this Honorable

Court, most respectfully gives notice that he is appealing the Decision of
this Honorable Court dated March 19, 2018 and the Order dated October
1, 2018, on questions of fact and law, to the Honorable Court of Appeals.

Petitioner received the Order dated October 1, 2018 on October 9,

2018. Under Section 3, Rule 41 of the Rules, Petitioner has fifteen (15)
days from notice of the judgement or final order appealed from until
October 24,2018.

Attached hereto is the Official Receipt for the payment of the Appeal
Fee.

Makati City for Manila. October 18, 2018

Counsel for the Petitioner

3 Stall Jolly- Jeep, Legaspi Street,
rd

Legaspi Village, Makati City

By:

Pedro Magtanggol
PTR No. 1234567- Makati-1/3/2018
IBP No.12345-Makati – 1/5/2018
MCLE Compliance No. V- 1234567 – 4/11/18
Roll No. 66633
Republic of the Philippines
COMMISION ON ELECTIONS
Intramuro’s, manila
EUGENE ECHALAR and
CONSTANCE SIPIN
Complainant
Docket No.________________
For: Violation of Section 261(a)Complainant
in relation to Section 262 of the
-versus - Omnibus Election Code (Vote
Buying and Vote Selling)

JOSEFINO MIRANDA
Respondent

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

COMPLAINT

The Complainants. Eugene Echalar,45 years old, resident of

Barangay Bigbigan. Santiago, Ilocos Sur and Constante Sipin. (age and
address) accuse Respondent Josefino Miranda (“Respondent” for
brevity). resident of Barangay Poblascion Sur. Santiago, Ilocos Sur, for
violation of Section 261 (a) in relation to section 262 of the Omnibus
election Code, in connection with May 13,2019 Midterm Election. And
avers THAT;
1. On May 6,2019. Respondent was seen to have been handling
cash of ₱500 and ₱1000 pesos, in Philippines currency, to this
constituents at his residence at Barangay Poblascion Sur,Santiago.
Ilocos Sur, as shown by the sworn Affidavit of Roderick Gaota Arquillo
hereto attached as Annex ”--“.
2. On May 11,2019. Respondent was again seen to have
handling cash of ₱500 pesos. In Philippines currency, to his
constituents at his residence at Barangay Poblacion Sur. Santiago,
Ilocos Sur; whereby taking of pictures is strictly prohibited and only
fifteen (15) person are allowed at a time inside the house. as shown by
the affidavit of Rowena Maglente De Leon hereto attached as
Annex”---“.
3. On May 14,2019. I reported the foregoing incident of massive
vote- buying involving the Respondent to the Santiago Municipal Police
station, as shown by the police report hereto attached as Annex””.
 Republic of the Philippines
SUPREME COURT OF THE PHILIPPINES
Fourth Judicial Region
MUNICIPAL TRIAL COURT
SABAYAN, OCCIDENTAL MINDORO
 JANETTE ACOSTA DE SARXATE
Protestant;

-versus- For: ELECTION PROTEST

NOEMER FERNANDEZ SONIO

Protestee

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,
Provence of Occidental Mindoro, the toyal 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.

PTRCINT NUMBER 83 84 85 86 87 DRAND

TOTAL
PUNONG BARANGAY

Saezate,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

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, Municipal of
Sablayan, Provence of Occidental Mindoro.
4. That the Protestant contest the election of the said respondent
on the following grounds.
5. 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.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-0387 marked as
ANNEX ”A”, A-1A-2-,A-3,A-4,A-5,A-6 and A-7’)
6. B. that said order of Dismissal from Service was imposed
upon the protestee by the DILG-NAPOLCOM through a letter of 188
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 1’ INDORSEMENT DATED 13 July 2017
marked as ANNEX “b”

7. That the Protestant is willing to give a band, as this Honorable

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

THE RELIEFS PRAYER 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. 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 this 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 FERNADEZ 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, attorney fees and appearance fees
incurred in these proceedings be assessed against the Protestee.
Sablayan Occidental Mindoro. Philippines, this 22 day of May 2018.
 ATTY. MELVIE E. SILVERIO
Counsel for the Petitioner
1261 Claudio Salgado Street, Buenaveista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8278984, Occ. Mimdoro
MCLE No. Exempt
Email at bhem 197896@gmail .com
Copy furnished;
NOEMER F. SONIO
Barangay, San Francisco
Municipality of Sablayan
Province of Occidental Mindoro

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. hat we further state that;
a.) That we have not there to fore commenced any action of
any claim involving the same issues in nay 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 afore
said complaint or initiatory pleading has been filed.

IN WITHNESS WHEREOF, I have here unto set my hands this

22 of May,2018.

JANETTE ACOSTA DE SARZATE

Affiant
SUBCRIBED AND SWORN to me, before this 22 of May, 2018 in
the Municipality of Sablayan, Provence of Occidental Mindoro.
NAME I.D No. Place/Date Issued

____________ ____________ ____________

____________ ____________ ____________

Who have satisfactorily proven their identity to me through their

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

ATTY. MELVEN E. SILVERIO COUNSEL FOR THE Petitioner 1261

Claudio Sablayan, Street, Buenavista Occidental Mindoro
Roll of Attorney No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
 MCLE No.Exempt;
Email at bhem197896@gmail.com

REPUBLIC OF THE PHILIPPINES

SENATE ELECTORAL TRIBUNAL
ELECTORAL TRIBUNAL BUILDING
COMMOMWEALTH AVENUE QUEZON CITY

AQUILINO L. PIMENTEL III

Protestant,

SET Case No._____________

-versus-

JUAN MIQUEL P. ZUBIRI

Protestee,
x- - - - - - - - - - - - - - - - - - -x
 ELECTION PROTEST
(Ex Abundante Ad Cautelam )
Protestant, AQUILINO L. PIMENTEL III (“Pimentel“). By
Counsel respectfully states;

NATURE OF PETITION
1.1. This is an election protest lodged pursuant to rule 14 of the
Revised Rule of the Senate Electoral Tribute in relation to Section 17;
Article VI of the 1987 constitution, against the supposed election and
proclamation of protest. Juan Miguel F. Zubiri (*Zubiri*) as the twelfth
(12) placer and the last winner in the 14 may 2007 senatorial
elections.
1.2. Pimentel assails from impugns, disputes and controverts the
purported election results from forty-four (44) municipalities of seven
provinces. Consisting of a total of two thousand six hundred fifty-eight
(2.658) precincts, principally on the ground that said results as
officially canvassed by the commission on elections.
Sitting as the National Board of Canvassers (“Comelec- NBC”) are
manufactured, padded, fraudulent, altered, distorted and illegal vote
totals, which are not reflective of the true results of voting and
counting in the protested precincts.
1.3. THIS Election Protest is filed and Cautelam, on account of the
pendency of a petition for certiorari and mandamus. G. R. No.178413.
filed by Pimentel (hereafter, “Pimentel’s SC Petition”) which.
Inter alla, seeks to nullity or set aside the proceedings and acts of
Comelec-NBC and its deputy. The Special Provincial Board of
Canvassers (”SPBOC”) of Maguindanao in including in the national
canvass of votes for Senators the results from the province of
Maguindanao base on highly dubious and questionable copies of the
Municipal Certificates of Canvass of votes (“MCOCs”). Mostly copy 2 or
copy for the wall, whose origins, authenticity or due execution were
never duly established. Pimentel’s SC Petition is pending resolution.
1.4. A grant of Pimentel’s SC Petition would mean a remand to
the Comelec-NBC in order to give Pimentel his day court to prove or
substantiate his claim of manufactured results in the various MCOCs of
the component municipalities of the province of Maguindanao. The
number of purported “vote” in Maguindanao is substantial and will
material affect the results of the senatorial election for the 12 and last
seat.
1.5 On the other hand, should Pimentel’s SC petition be
dismissed, the issue of whether or not the purported official results in
Maguindanao. Which is part of the instant election Protest. Are truly
reflective of the true and genuine will of the electorate. Will necessarily
came to fore.
1.6. Except in the case of one )1) municipality where a mere re-
tabulation of pertinent canvass documents is sought, a recount,
revision and appreciation of ballots. And review or examination of
election documents, principally, election returns, from the protested
precincts/ municipalities will have to be conducted in order to uncover
and expose the massive manipulation, alteration, distortion. Padding
and shaving fabrication and manufacturing of voice totals in the
canvassed results reflected in the MCOCs with supporting statements
of Votes by Precinct (*SOVPs”) and Summary of Statements of Votes
(*SSOVs). Which led to the illegal and undeserved proclamation of
Zubiri as the 12” placer in the senatorial position.

II
THE PARTIES
2.1. Protestant Pimentel is a Filipino citizen, of legal age married
and a duly registered voter of
Cagayan de Oro City. He was a bone fide candidate for the position of
Senator of the Republic of the Philippines and was duly voted upon as
such in the just concluded 14 May 2007 elections. Hereto attached as
annexes “A” and “A-) are certified true copies of Pimentel’s Certificate
of candidacy for Senator; with the accompanying Certificate of
Nomination and Acceptances.
2.1.1 Pimentel may be served with notices, orders and processes
of the Honorable Tribunal and copies of pleadings and other papers
through his lead counsel. DE LIMA LAW FIRM at 131 Panay Avenue.
South Triangle 1103 Quezon City.
2.2. Protestee Zubiri was also a candidate for the position of
Senator of the Republic of the Philippines and was similarly voted upon
during the same 14 May 2007 elections Hereto attached as Annexes
“B” 1 are certified true copies of Zubiri’s Certificate of Candidacy. With
the accompanying Certificate of nomination. Zubiri was the one
proclaimed by the Comelec-NBC as the 12 and last winner in the
senatorial elections.
2.2.1. Zubiri may be served with summons and processes of the
Honorable Tribunal at his office at Room 502 Senate Building. Pasay
City. Metro Manila. Philippines.

III
AVERMENT OF JURISDICTIONAL FACTS
 TIMELINESS OF THE ELECTION PROTEST

3.1. As officially announced and reported by the Comelec-NBC in

its Resolution No. NBC 07-67 promulgated on 14 July 2007 which was
based on the Senatorial Canvass Report No. 30 (by rank) are hereto
attached as Annexes C” and D”. respectively.
3.2 As admitted by the Comelec-NBC, not all precincts have been
accounted for in its canvas as of the date of Zubiri’s proclamation.
Attached as Annex “E” is the List of Municipalities/Provinces and the
Corresponding No. of Registered voters that included in Canvas Report
No. 30 of the National Tally Sheet for Sebatorial. May 14, 2007 National
and Local Elections” issued by Ester L. Villaflor- Roxas, Director IV-
ERSD, which is summarizes below’

No. of No. of
Precincts Registered Voters
Tandubas, Tawi-Tawi 1 270
Bogo, Cebu 0 893
Bacolod, Lanao del Norte 3 (clustered) 449
Kauswagan, Lanao del Norte 2 (clustered) 579
Maigo, Lanao del Norte 3 (clustered 709
Pantar, Lanao del Norte 46 9,286
TOTAL UNCANVASSED VOTES 12,186

3.3 But since the remaining uncanvassed COCs would allegedly

no longer materially affect the standing of Zubiri and Pimentel as the
holder of the 12th and 13th slots, respectively, as reflected in Senatorial
Canvass Report No. 14 July 2007 by the Comelec-NBC as the 12 th and
last winner in the sebatorial elections, as evidenced by Resolution No.
NBC 07-67 (Annex “c” hereof).
3.4 This Election Protest is thus timely filed, i.e. within the fifteen
(15)-day reglementary period prescribed in the Rules.

IV.
THE PROTESTED AREAS
4.1 Subject to, and anchored on, the presentation and discussions
under the heading V. THE FACTS AND DATA GROUNDS FOR THE
PROSTEST. Pimentel assails, impugns, disputes and controverts the
alleged official results for senatorial elections as canvassed by the
Comelec-NBC in the following 44 Municipalities from 7 provinces, with
the corresponding number of precincts, viz;
Province Municipality No. of Protested Precincts
Maguindnao Ampatuan 54
(ali 22 Buluan municipalities 53
Datu Abdullah Sangki 42
Datu Anggal Mitimbang 26
Datu Paglas 62
Datu Piang 104
Datu Saudi Ampatuan 62
Datu Unsay 50
Gen S.K Pendatun 56
Guindulungan 24
Mamasapano 53
Mangidadatu 23
Pagagawan 64
Pagalungan 19 (total of 57 precincts)
Paglat 28
Pandag 23
Rajaj Buayan 38
Shariff Aguak 141
South Upi 63
Sultan Sa Barongis 42
Talayan 31
Total in Maguindanao 1,078

Sultan Naga Dimaporo 147

Salvador 89
Tangcal 34
Poona Piagapo 62
Munai 69
Matunggao 40
Nunungan 55
Total in Lanao del Norte 496

Province Municipality No. of Protested

Precincts
Shariff Kabunsuan
Datu Blah Sinsuat 42
Kabuntalan 51
Sultan Kudaratan 196

Total in Shariff Kabunsuan 291

Basilan
Tipo Tipo 46
Lantawan 88

Total in Basilan 134

Sultan Kudarat
Palimbang 149
Lutayan 133

Total in Sultan Kudarat: 282

Lanao del Sur

Picong 29
Calanogas 25
Madalum 41
Tamparan 66

Total in Lanao del Sur 161

Sulu
Tapul 31
Luuk 128
Kalingalan Caluang 57
Patikul ---

Total in Sulu: 216

GRAND TOTAL of Prosted Precincts: 2,658

4.2 In the case of the municipality of Patikul, province of Sulu, no

recount or revision of ballots is prayed for, but only a re-tabulation of
the SSOV and pertinent SOVP’s from said municipality. Hence there is
no indication of the number of protested precincts for said municipality
in the above list.
4.3 In the case of Paqalungan Province of Maguindanao, only
nineteen (19) precincts out of the fifty-seven (57) which function, are
included in this Election Protest. These are Precs. Nos, BA, BC/9(A,
10A/11A, 12A, 13A, 13A/14B, 15A, 16A 17A/1BA, 19A/21A, 20A,
22A/23A, 42C/43A, 44, 45A and 46A/47A.

4.4 Except therefore, in the cases of the aforesaid municipalities

of Patikul, Sulu and Pagalungan, Maguindanao, all the precincts which
functioned in each of the above municipalities are involved in this
Election Protest. Certified true copies of the Statistical Data Report or
Projects of Precincts showing the number od precincts and
corresponding precinct numbers which functiones during the 14 May
2007 elections in the above protested municipalities are hereto
attached as Annexes “F” to “F-43” inclusive.
 V.
THE FACTS AND DATA
GROUNDS FOR THE PROTEST

5.1. Protestant Pimentel and Protesttee Zubiri were among the

thirty seven (37) duly registered candidates who vied for the twelve
(12)-slot position of Senator of the Republic of the Philippines in the
just concluded 14 May 2007 elections.

5.2 As mandated by law, the Comelec En Banc sitting as NBC

formally canvassed the votes credited to, and obtained by, the various
candidates for senator, based on the Provincial as well as City and
District Certificates of Canvas (“COCs”) with supporting SOVs and
SSOVs (by Municipality/ City or Precinct, as the case may be) and also
covering the overseas and Local Absentee Voting.