Republic of the Philippines

COMMISSION ON ELECTIONS
Taft, Eastern Samar
-o0o-

IN RE: PETITION TO DENY DUE Case No. ______________

COURSE AND/
OR TO CANCEL THE
CERTIFICATE OF CANDIDACY
OF SK CHAIRMAN
CANDIDATE PAUL ANGELO M.
LEBRILLA of BRGY.
BATIAWAN, TAFT, EASTERN
SAMAR.

JAYMAR DOCULAN,
Petitioner,

- versus -

PAUL ANGELO M. LEBRILLA,

Respondent.
x--------------------------------x

PETITION

PETITIONER most respectfully files this PETITION, pursuant

thereto most respectfully alleges the following in substantiation of
his Petition.

PARTIES

1. Petitioner is a natural born citizen of the Philippines, ____

years of age, able to read and write, a registered voter of Brgy.
Batiawan, Taft, Eastern Samar and is continuously a resident of the
said barangay for almost ____ years. He can be served with notices
and other processes of this Honorable Commission through the
above given address;

2. Respondent is also a Filipino, ____ years of age, and a

resident of Brgy. Batiawan, Taft, Eastern Samar where he may be
served with notices, orders and other processes;

3. The PARTIES have full legal capacities that they can sue
and be sued.

ANTECEDENT FACTS

4. On ___________Petitioner duly filed his Certificate of

Candidacy (COC) for the May 14, 2018 Barangay Sangguniang
Kabtaan Elections before the Commission on Election, Taft, Eastern
Samar and has declared/announced his candidacy for the position of
Chairperson, Sangguniang Kabataan of Brgy. Batiawan, Taft,
Eastern Samar where he is a duly registered voter;

5. Respondent likewise filed his COC for the same position as

that for which Petitioner duly filed his COC;

6. Respondent’s COC contains material representation when

he conformed to the statement in the COC that “I am not related
within the 2nd civil degree of consanguinity or affinity to any incumbent
elected national official, or to any incumbent elected regional,
provincial, city, municipal, or barangay official in the locality where I
seek to be elected to”;

7. However, the above quoted representation are blatant

FALSE and is intentionally made to MISLEAD this Honorable
Commission;

8. The truth of the matter is, Respondent is the brother of one

FRANCIS BRYAN M. LEBRILLA, an incumbent barangay official, he
being a member of the Sangguninag Barangay of Brgy. Batiawan,
Taft, Eastern Samar;
 9. Respondent continuously and deliberately lied that “I am
eligible for the Office I seek to be elected to”. Unfortunately, and to put
emphasize such representation is false and that respondent is not
eligible for the position for which he filed his COC because ________,
thus respondent doest not meet that qualification;

10. This Petition is filed within the reglamentary period to file

in accordance with the Commission on Elections Rules and
Procedures;

PRAYER

WHEREFORE, AS JUSTICE DICTATES and FAIRNESS

DEMANDS that the foregoing premises be considered, it is most
respectfully prayed of this Honorable Commission on Elections that:

1. After due hearing, it render a DECISION finding

the Respondent NOT ELIGIBLE to run for the
position of Chairperson of Sangguniang Kabataan
of Brgy. Batiawan, Taft, Eastern Samar;

2. In the event that this PETITION is not decided

before election day, petitioner prays that the
election official of Brgy. Batiawan, Taft, Eastern
Samar be directed forthwith to exclude the votes
received by respondent from counting;

3.ORDER respondent to pay Petitioner the following

damages, costs and attorney’s fees, including
exemplary or punitive damages to deter ineligible
people from running for office and wasting time,
money and effort of their opponents and of this
Honorable Commission in having them
disqualified;

4. Other relief just and equitable under the

premises are likewise prayed for.
 JAYMAR DOCULAN
Petitioner

Republic of the Philippines

__________________ } ss.

VERIFICATION/ CERTIFICATION
OF NON-FORUM SHOPPING

I, JAYMAR DOCULAN, of legal age, with

residence and postal address at Brgy. Batiawan, Taft,
Eastern Samar after having been sworn to oath hereby
declare: That I am the Petitioner in the above-entitled
Petition; That I have caused the above Petition to be
prepared and filed; That I have read and understood
the allegations contained therein AND the same ARE
true and correct of my personal knowledge and based
on authentic documents.

FURTHER, that after been duly sworn to in

accordance with law, hereby certify That: (1) prior
hereto, 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
therein; (2) there is no pending action or claim
involving the same issues in any court, tribunal or
quasi-judicial agency; and (3) if I should learn that the
same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days
therefrom to this Honorable Court.

FURTHER, Affiant sayeth not.

JAYMAR DOCULAN
Affiant
ID No. ___________________
 SUBSCRIBED and SWORN to before me this
____________ at _______________, affiants exhibiting to
me his identification cards above-indicated as
competent proof their identities.

Copy furnished:

PAUL ANGELO M. LEBRILLA RECEIVED:

Brgy. Batiawan __________________
Taft, Eastern Samar __________________

CERTIFICATION

THIS IS TO CERTIFY that a copy of the foregoing PETITION was

furnished the Respondent at his known address by personal service

JAYMAR DOCULAN
Petitioner