Republic of the Philippines COMMISSION ON ELECTION Manila

Atty. Danilo A. Formoso Petitioner -VersusJoseph Erap Ejercito Estrada Respondent

Case No.: 12345-6 For: Disqualification

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

PETITION FOR DISQUALIFICATION COMES NOW the petitioner, by the undersigned counsel, and unto this Honorable Court, respectfully aver:

1.

That he is of legal age, married, Filipino citizen is hereby reserved summons and other court processes with address No. 1 San Marcelino, Manila whether preserve other summons. Respondent, Legal age, married, Filipino citizen and at present of this resident No. 234 Metro Manila where he may served summons and other office processes.

2.

Petitioner is filing this administrative case against respondent for disqualification as candidate City Mayor of Metro Manila. Petitioner alleges that sometimes last on division has convicted the respondent for the crimes of Plunder are such he was imposed the penalty of reclusion perpetua among others.

3.

That on October 25, 2007 the former President Gloria Macapagal-Arroyo has given him an executive clemency which reads as follows:

Whereas, this Administration has a policy of releasing inmates who have reached the age of seventy (70), Whereas, Joseph Ejercito Estrada has been under detention for six and a half years,

Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office, In view hereof and pursuant to the authority conferred upon me by the Constitution, I hereby grant executive clemency to Joseph Ejercito Estrada, convicted by the Sandigan bayan of plunder and imposed a penalty of reclusion perpetua. He is hereby restored to his civil and political rights.

The forfeitures imposed by the Sandigang Bayan remain in force and in full, including all writs and processes issued by the Sandigang Bayan in pursuance hereof, except for the bank account(s) he owned before his tenure as President.

4.

That despite surveying pardon of his being pardon of the crime as charge and his commitment that he no longer seek any other political office yet last May 11 2010, he run again as President for the Republic of the Philippines but the sort of it he was a strong second (2nd) placer in that Presidential Election that Benigno Noynoy Aquino III as namely elected President.

5.

That despite his conviction on September 12, 2007 subsequent pardon was granted an executive clemency by the President, continuously he openly go out in the city of Manila although not yet a campaign period but just that he wanted to be as such, being visible at all times to the People of Manila wooing them their support and him to become the new Mayor of Manila.

6.

That said Petitioner firmly believe that the respondent can be no longer be elected for any political positions in Manila or neither can he became another President on the following ground:

a. That his being grated an Executive Clemency for absolute Pardon by the former President Gloria Macapagal Arroyo, of which the dispositive portion of decisions. On this, array he cannot longer seeking any political position and yet to our surprise he run but lost as President to May 2010 Election against his pronouncement. b. With this provision this article is forfeited, the respondent cannot longer elected as the next City Mayor of Manila.

PRAYER WHEREFORE, it is there in prayed and moved that in the warrant of forgoing premises considered, that the respondent be sanctioned by the honorable commission from running City Mayor of Manila premise on the a foresighted offenses against our existing laws other just equitable, fair, adjudged.

WHEREFORE, it is respectfully prayed that upon due VERIFICATION Republic of the Philippines City of Manila I, Danilo A. Formoso, of legal age, under oath, after being duly sworn, depose and say that Im the petitioner in the above-entitled case; and that the allegations there in are true of my own knowledge. Danilo A. Formoso Plaintiff

CERTIFICATION OF NON-FORUM SHOPPING I, Danilo A. Formoso Certify that: a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different divisions thereof, or any tribunal or agency. b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different divisions thereof, or any tribunal or agency. c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any tribunal or agency. I hereby undertake to notify this Honorable court within five (5) days from such notice. Danilo A. Formoso Plaintiff

ACKNOWLEDGEMENT Republic of the Philippines) City of Manila) S.S BEFORE ME, a notary for and in the City of Manila, personally appeared: Name PASSPORT Number Issued 1234567890 1234567891 Date/Place

(Gabriela San Jose) Quezon City (Diego Navarro) Manila

January 15, 2012 / January 21, 2012 /

Known to me and to me known to be the same persons who executed the foregoing Deed of Assignment and transfer of Rights and acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL, I have hereunto set my hand and affixed my notarial seal, on the day, year, and place above written.

JENNYLYN B. ALBANO Notary Public for City of Manila Rm 567, Goodwill Bldg.. Forbes Vill., Manila Appointment No. 155 Until 19 January 2013 Roll No. 23456A PTR No. 23456C; 5 September, 2012 Manila IBP No. 23456B; 26 February, 2012 Manila On 02 February 2013 at City of Manila Doc. No. 12345-D; Page No. 23456-E; Book No. 345689; Series of 2013.