Plaintiff, "Petition For Declaration of Nullity of Election/Proclamation"

Republic of the Philippines The Electoral Tribunal Commission on Elections Manila, Philippines
Luz E. Rer Plaintiff, Petition for Declaration of Nullity of Election/Proclamation
Versus
Che R. Win Defendant, x-----------------------------x

COMES NOW petitioner through Counsel unto this Honorable Court respectfully avers:
Facts of the Case
Petitioner Luz E. Rer, Hercules C. Mayo and defendant Cher R. Win were rivals in the 2010 mayoralty elections in the City of Santiago, Province of Isabela. This is petitioners 4th try in Mayoralty elections after losing twice in the preceding gubernatorial races. During the campaign period, defendant succeeded in gaining the command votes of the 200 members of the Confederacion de Homo-Sexuality, a non-stock and non-profit organization primarily organized for the preservation and protection of homo-sexuals rights, after an agreement between their President, Vice Laswa, and Cher that the latter shall donate to the organization a five-story building located at Aurora, Isabela to serve as one of their chapter offices. Vice Laswa later on convened their members a week before the election compelling them to vote straight for Chers party, failure to abide will amount to abandonment of the
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organizations belief and cause a member to lose membership and forfeit any other benefits, such as maternity benefits of P100,000.00 for every delivery and free hospitalization among others, that will accrue to them as provided for in their by-laws. As a result, Cher was proclaimed Mayor of Echague after a landslide victory by only one (1) vote over Luz and 5 votes over Hercules.
Evidence of the Petitioner
Armando Caruso and Pearl Peras, top officers of the Confederacion who were present with Vice Laswa on all meetings with Cher, were petitioners ex-boyfriend and childhood best friend respectively. Bothered by their conscience for choosing to vote Cher instead of their beloved friend, Armando and Pearl came to Luz the night after Chers proclamation and revealed all the agreements between the latter and their organization. To make-up for their friendship, they appeared as witnesses and offered a videotape of their meetings with Cher, which they have prepared to document such agreement and run after Cher in case he defaults. In his opposition, defendant argued that the petition is baseless since petitioner did not proffer any evidence to show with reasonable certainty that all Confederacions members cast their votes during the election or in his favor. Petitioner however countered this opposition presenting duly certified election canvass showing that all the 5,000 registered voters of Santiago indeed cast their votes during the election including defendants uncle, Teddy Dee, who died a night before the election due to internal hemorrhage coupled with heart attack. Assuming arguendo that not all the voters of the Confederacion is proven to vote for Chers favor, still, the consistent and corroborated testimonies of Armando Caruso and Pearl Peras that have transpired during the Courts hearing on June 12, 2011, that they should have voted for their friend Luz if not for the pressure of their membership in the Confederacion should
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be given great weight. Considering this, Luz will obtain the highest number of votes and she should be proclaimed as the rightful winner in the 2010 Mayoralty elections. The evidences adduced by the petitioner demonstrates, as clear as crystal waters that the proclamation of Cher R. Win is null and void as the advance votes cast by the 200 voter/members of the Confederacion is employed after a vitiation of their free will and
intimidation and pressure placed upon them by their officers. It is a settled rule that an act done against ones will is not his act. It follows then that a vote cast against the voters will is not his vote and should thus be disregarded. This is not the essence of suffrage as one of our fundamental rights; this is not a valid exercise of democracy either, for their quintessence lies in the liberality of mind to choose a right of action without fear or favor from any source or means.
WHEREFORE, it is prayed unto this Honorable Court that relief be granted to herein petitioner by declaring all the 200 votes cast by Confederacion de Homo-Sexuality null and void, and petitioner Luz E. Rer be declared and proclaimed the lawful mayor of Santiago City, Isabela.
Prepared by:
Smith O. Valdez LLB 2, Legal Theory August 6, 2011 Submitted to:
Atty. Catherine D. Salucon Professor
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Republic of the Philippines The Electoral Tribunal Commission on Elections Manila, Philippines

Luz E. Rer Plaintiff, Petition for Declaration of Nullity of Election/Proclamation

Che R. Win Defendant, x-----------------------------x

Facts of the Case

Evidence of the Petitioner

Smith O. Valdez LLB 2, Legal Theory August 6, 2011 Submitted to:

Atty. Catherine D. Salucon Professor

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