REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ___, Quezon City

ANDRES BONIFACIO
Petitioner,

- versus - SCA No. ______

For Prohibition with
prayer for preliminary
injunction

SANGGUNIANG BARANGAY NG SOCORRO QUEZON CITY

Respondent,
x-------------------------------------------x

PETITION FOR PROHIBITION

PETITIONER, thru counsel respectfully avers that:

1. PARTIES
(State capacity of petitioner and respondent/s, citizenship, status and
residence.)
1. ANDRES BONIFACIO, is Filipino, of legal age, and a resident of
Barangay Socorro, Quezon City.

2. EMILIO AGUINALDO, is Filipino, of legal age, and is being sued in his

official capacity as Punong Barangay of Barangay Socorro, Quezon City.
(State the capacity and residence of the petitioner and the respondent.)

2. MATERIAL DATA RULE

(If applicable, state the date on which copy of Decision was received
and/or Resolution on Motion for Reconsideration, if filed, denied).

3. FACTS AND CIRCUMSTANCES

(State briefly the facts and circumstances under which the
respondent/s whether exercising judicial or ministerial functions acted
without, or in excess of, jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.)

3. On 14th of February 2017 XXXXXXXXXXX

4. ENTITLEMENT TO INJUNCTION/ TRO (THE REQUISITES).

(State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a
clear, legal right, [b] which is threatened by an act or omission of
respondents, [c] and that, unless restrained, will cause grave and
irreparable injury to petitioner. Allege also that petitioner is ready to
post a bond in an amount to be fixed by the Court conditioned upon
the payment to respondents of any damages suffered arising from the
writ should petitioner be found not to be entitled to the writ.)

Petitioner is a recovering drug dependent for over a year and has tested
negative on a drug test last XXXXXXXX

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 Petitioner is exercising his constitutional right to be presumed innocent
until proven guilty from being violated by the respondent without or in
excess of his jurisdiction. Petitioner also fears for his life and his family.

(State the facts and circumstances under which the respondent

[tribunal, board, or officer exercising judicial, quasi-judicial or
ministerial functions] has acted without or in excess of its jurisdiction
or with grave abuse of discretion amounting to lack or excess of
jurisdiction.)

5. No other plain speedy, and adequate remedy

5. Considering that the MR of the assailed decision is still pending before the
Office of the Ombudsman, the petitioners have no other plain speedy, and
adequate remedy in the ordinary course of law.

Petitioners are willing to post a bond for the issuance of the TRO and/or WPI
to answer any damage which respondents may suffer by reason of such
issuance.

6. That a certified true copy of the DDB Regulation No. 3 Series of 2017 herein
sought to be reviewed is here attached, together with copies of all
documents relevant and pertinent thereto.

‘6. PRAYER

WHEREFORE, it is respectfully prayed that an injunction or TRO be

issued directing respondent/s to desist and refrain from further
proceedings in the premises, and that after due notice and hearing, a writ of
prohibition issue directing respondent/s to desist absolute and perpetually
from further proceedings (in the said action or matter).

Quezon City, Philippines, this 13th day of March 2017.

JOSE RIZAL, Esq.

Counsel for Petitioner
Rizal Law, Kalayaan Street,
Barangay Socorro, Quezon City
Roll No. 19061861
IBP No. 30121896
PTR No. 12301896

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF QUEZON ) S.S.

I, ANDRES BONIFACIO, Filipino, of legal age residing at Barangay

Socorro, Quezon City, after being sworn to in accordance with law, deposes
and says that:
1. I am the Petitioner in the above-entitled case;
2. The facts stated in the above petition are true and correct to the best of
my knowledge and authentic records;
3. I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of
my knowledge, no such other action or claim is pending in them; and

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 4. If I should learn that the same or similar action or claim has been filed
or is pending after its filing, I shall report that fact within five days from
notice to the court or where the petition has been filed.

Quezon City, Philippines, this 13th day of March 2017.

Andres Bonifacio
ANDRES BONIFACIO
Affiant

SUBSCRIBED and sworn to before me, this 13th day of March 2017,
in the City of Quezon by ANDRES BONIFACIO with Passport No. 30111863
issued on 10th of May 2016 at Department of Foreign Affairs - Ali Mall.

Doc. No. ______; NOTARY PUBLIC

Page No. ______; Commission Serial No. ______
Book No. ______; Until December 31, 2017
Series of 2017 Roll of Attorney ______
IBP No. _____/Date/Place of Issue
PTR No. ____/Date/Place of Issue

Copy furnished though personal service:

Apolinario Mabini, Esq.

Counsel for the Respondent
Mabini Law, Kalayaan Street
Barangay Socorro, Quezon City