Motion For Special Raffle

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3
At a glance
Powered by AI
The petitioner is filing a Very Urgent Motion for Special Raffle before the Commission on Elections regarding a case involving an Order of Execution, Writ of Execution, Notice of Finality, and Certificate of Finality issued by a Regional Trial Court.

The petitioner is assailing the Order of Execution, Writ of Execution, Notice of Finality, and Certificate of Finality, ALL dated 16 December 2020 which were issued by the public respondent Regional Trial Court.

The petitioner is requesting the Commission to immediately conduct a special raffle of the subject petition to alleviate the predicament of the petitioner.

Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

xxx,
Petitioner, xxCASE NOxxx

-versus-

xxx.
Respondents.
x---------------------------
- - -x

VERY URGENT MOTION FOR SPECIAL RAFFLE

Petitioner xxx (“xxx”), through the undersigned counsel, unto this


Honorable Commission on Elections, most respectfully alleges the following

1. On 22 December 2020, herein petitioner caused the filing of


her Petition for Certiorari and Prohibition with Extremely Urgent Prayer
for Issuance of Temporary Restraining Order (TRO) and/or Status Quo Ante
Order and/or Preliminary Injunction and/or Prohibitory Injunction before
this Honorable Commission pursuant to Section 1 and 2, Rule 28 of the
COMELEC Rules of Procedures in relation to Rule 65 of the Rules of
Court, as amended by A.M. No. 07-7-12-SC.

2. The aforementioned petition assailed the Order of Execution,


Writ of Execution, Notice of Finality, and Certificate of Finality, ALL dated
16 December 2020 which were issued by the public respondent Regional
Trial Court, xxx City, presided by Designated Judge xxx.

3. As mentioned in the aforesaid petition, the circumstances


obtaining in this case call for the immediate intervention of this Honorable
Commission since public respondent acted with grave abuse of discretion
amounting to lack or excess of jurisdiction and violated the constitutional
right of the petitioner to due process of law in issuing the challenged Order
of Execution, Writ of Execution, Notice of Finality, and Certificate of
Finality, ALL dated 16 December 2020 which are contrary to law, existing
jurisprudence and evidence on record.
4. Consequently, herein petitioner-movant would like to beg the
kind indulgence of this Honorable Commission to immediately conduct a
special raffle of the subject petition to alleviate the predicament of the
petitioner.

5. This is in line with the prevailing mandate for the speedy and
expeditious resolution of election cases.

PRAYER

ACCORDINGLY, it is most respectfully prayed of this Honorable


Commission to GRANT the instant Very Urgent Motion for Special Raffle
of the above-entitled case.

Petitioner prays for such other relief and remedies just and equitable
under the premises.

Quezon City, for City of Manila, Philippines, 04 January 2021.

xxx LAW OFFICE


xxx

By:

xxx

Copies furnished:

HON. xxxx
Designated Judge
REGIONAL TRIAL COURT
xxx

ATTY. xxx
Counsel for Private Respondent
xxx

EXPLANATION
x---------------------------------------------------------------------------------x

Very Urgent Motion for Special Raffle


2|Page
[Pursuant to Rule 12 of the COMELEC Rules of Procedure in relation to Rule 13 of the Revised
Rules of Civil Procedure, as amended by A.M. No. 19-10-20-SC]

Copies of the foregoing Very Urgent Motion for Special Raffle were
served to the above-mentioned parties by registered mail, personal service
being impractical due to distance, time and manpower constraints.

xxx

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

Very Urgent Motion for Special Raffle


3|Page

You might also like