Republic of the Philippines
5th JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 8
Rawis, Legazpi City
FAMILY COURT
PEOPLE OF THE PHILIPPINES,
Complainant,
CRIM. CASE NO. FC-17-2346 to
-versus- 2350
FAUSTINO BALUNSO ,
Accused.
x------------------------------------------------x
ELWIN BARCELON , CRIM. CASE NO. FC-18-2562
Accused.
x-------------------------------------------------x
LORENZO BARRIOS , CRIM. CASE NO. FC-18-2617
Accused.
x-------------------------------------------------x
JEROME BESMONTE , CRIM. CASE NO. FC-16-2118
Accused.
x-------------------------------------------------x
REYNALDO FABRIGAR , CRIM. CASE NO. FC-15-1733 to
Accused. 1737
x-------------------------------------------------x
MOTION TO ALLOW ACCUSED
TO VOTE ON MAY 13, 2019 ELECTION
ACCUSED, as represented by the Public Attorney’s Office, through the
undersigned counsel, unto this Honorable Court, respectfully aver:
1. The above-named Accused are all presently detained at Sto. Domingo
District Jail, Sto. Domingo, Albay;
2. They are intending to exercise their right of suffrage in the upcoming
election on May 13, 2019. Attached herewith as ANNEX 1 is the letter
from SJO4 Juanito B. Rempillo, Officer-in-Charge Sto. Domingo District
Jail;
3. They are registered to vote at the following polling precincts located at
Sto. Domingo Central School, Sto. Domingo, Albay:
Name Polling Place Precinct Number
Faustino Balunso Sto. Domingo Central School 52-23B
Elwin Barcelon Sto. Domingo Central School 63-23B
Lorenzo Barrios Sto. Domingo Central School 65-23B
Jerome Besmonte Sto. Domingo Central School 68-23B
Reynaldo Fabrigar Sto. Domingo Central School 88-23B
4. Pursuant to Sec. 1, Rule 7 of COMELEC Resolution No. 9371 (Rules and
Regulation on Detainee Registration and Voting in Connection with the May 13,
2013 National and Local Elections and Subsequent Elections Thereafter),
Escorted Detainee Voting is allowed for detainee voters in detention
centers/jails where no special polling places are established, to wit:
RULE 7
ESCORTED DETAINEE VOTING
SECTION 1. Escorted Detainee Voters - The following shall avail
of the escorted voting:
1. Detainee voters who are residents/ registered voters of
municipalities/cities other than the town/city of detention;
and
2. Detainee voters in detention centers/ jails where no
special polling places are established.
Provided: that said detainee voters obtained court orders allowing
them to vote in the polling place where they are registered.
Provided further: that it is logistically feasible on the part of the
jail/prison administration to escort the detainee voter to the polling
place where he is registered.
Provided, finally: that reasonable measures shall be undertaken by
the jail/prison administration to secure the safety of detainee
voters, prevent their escape and ensure public safety.
6. No special polling place is to be established inside Sto. Domingo District
Jail since the number of qualified detainee voters therein are less than fifty
(50) as prescribed under Sec. 1, Rule 3 of COMELEC Resolution No. 9371.
Thus, registered detainee voters at Sto. Domingo District Jail are qualified
to avail of the Escorted Detainee Voting under Sec. 1, Rule 7 of COMELEC
Resolution No. 9371;
7. Furthermore, it is logistically feasible on the part of Sto. Domingo District
Jail to escort all the Accused since their polling precincts are all located in
one place – Sto. Domingo Central School, Sto. Domingo, Albay;
8. Thus, Accused respectfully pray that they be allowed to vote at their
designated polling precinct at Sto. Domingo Central School, Sto.
Domingo, Albay.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that:
1. Accused FAUSTINO BALUNSO be allowed to vote on May 13, 2019 and
for this purpose be escorted to precinct No. 52-23B at Sto. Domingo
Central School, Sto. Domingo, Albay on said date at the earliest possible
time;
2. Accused ELWIN BARCELON be allowed to vote on May 13, 2019 and for
this purpose be escorted to precinct No. 63-35B at Sto. Domingo Central
School, Sto. Domingo, Albay on said date at the earliest possible time;
3. Accused LORENZO BARRIOS be allowed to vote on May 13, 2019 and for
this purpose be escorted to precinct No. 65-23B at Sto. Domingo Central
School, Sto. Domingo, Albay on said date at the earliest possible time;
4. Accused JEROME BESMONTE be allowed to vote on May 13, 2019 and for
this purpose be escorted to precinct No. 68-23B at Sto. Domingo Central
School, Sto. Domingo, Albay on said date at the earliest possible time;
5. Accused REYNALDO FABRIGAR be allowed to vote on May 13, 2019 and
for this purpose be escorted to precinct No. 88-23B at Sto. Domingo
Central School, Sto. Domingo, Albay on said date at the earliest possible
time;
6. Reasonable measures be undertaken by the jail guards who will escort all
the Accused to secure their safety, prevent their escape and ensure public
safety.
Other reliefs just and equitable are likewise prayed for.
Legazpi City, April 29, 2019.
Department of Justice
PUBLIC ATTORNEY’S OFFICE
Legazpi City District Office II
Penaranda Park, Legazpi City
By:
GEORGEANNA RAINBOW S. RAYCO-ANDES
Public Attorney II
REQUEST/NOTICE OF HEARING
Atty. Rosalita Barola-Barcelona
Clerk of Court – Br. 8
Pros. Shella L. Abellano
Pros. Esmeralda H. Paco
Madam:
Please submit the foregoing motion for the consideration of the Honorable
Court on MAY 3, 2019 at 8:30 o’clock in the morning.
Thank you.
Georgeanna Rainbow S. Rayco-Andes
Copy Furnished:
PROS. SHELLA L. ABELLANO
Office of the Provincial Prosecutor of Albay
Rawis, Legazpi City
PROS. ESMERALDA H. PACO
Office of the Provincial Prosecutor of Albay
Rawis, Legazpi City
