REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ___, Quezon City

ANDRES BONIFACIO
Petitioner,

- versus - SCA No. ______

For Prohibition with
prayer for
preliminary
injunction
SANGGUNIANG BARANGAY NG SOCORRO QUEZON
CITY
Respondent,
x-------------------------------------------x

PETITION FOR PROHIBITION

PETITIONER, thru counsel respectfully avers that:

1. ANDRES BONIFACIO, is Filipino, of legal age, and a
resident of Barangay Socorro, Quezon City.
2. EMILIO AGUINALDO, is Filipino, of legal age, and is
being sued in his official capacity as Punong Barangay
of Barangay Socorro, Quezon City.
(State the capacity and residence of the petitioner and
the respondent.)
3. On 14th of February 2017 Dangerous Drugs Board
issued Board Regulation No. 3 Series of 2017, herein
attached as Annex A. Under the regulation, a
Barangay Anti-Drug Abuse Council (BADAC) would be
formed with a Punong Barangay as the chairperson and
the Sangguniang Barangay as members. The council is
tasked to conduct an inventory of identified drug
personalities. The intelligence gathering of the list
comes from anonymous and unverified tips. Those
listed are tagged as drug personalities without final
conviction. Some listed persons are reported in the
news as having been summarily executed by unknown
assailants. On the 3rd of March 2017, the BADAC of
Barangay Socorro convened and announced though
public notices that with the Philippine National Police
they were going to conduct door-to-door summons of

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 the drug dependents/pushers/couriers in the barangay
to voluntarily surrender based on a partial list.
4. Petitioner is a recovering drug dependent for over a
year and has tested negative on a drug test last 1st of
March 2017, herein attached as Annex B. Petitioner
reported to the BADAC of his status on the 6th of March
2017 to prevent his name his name from being
included on the watch list. Petitioner is exercising his
constitutional right to be presumed innocent until
proven guilty from being violated by the respondent
without or in excess of his jurisdiction. Petitioner also
fears for his life and his family. (State the facts and
circumstances under which the respondent [tribunal,
board, or officer exercising judicial, quasi-judicial or
ministerial functions] has acted without or in excess of
its jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.)
5. There is no other plain speedy, and adequate remedy in
the ordinary course of law. The DDB Regulation
provides no mechanism/process/procedure to remove
the name of one listed on the watch list.
6. That a certified true copy of the DDB Regulation No. 3
Series of 2017 herein sought to be reviewed is here
attached, together with copies of all documents
relevant and pertinent thereto.

WHEREFORE, it is respectfully prayed that pending the

proceedings in the action, a preliminary injunction be
granted ordering the respondent EMILIO AGUINALDO to
desist and refrain from further proceedings, and that after
due notice and hearing, a Writ of Prohibition be issued,
commanding said respondent to desist absolutely and
perpetually from further proceedings (in the action or matter
in question), with costs.

Incidental reliefs as law and justice may require are

likewise prayed for.

Quezon City, Philippines, this 13th day of March 2017.

JOSE RIZAL, Esq.

Counsel for Petitioner
Rizal Law, Kalayaan Street,
Barangay Socorro, Quezon City
Roll No. 19061861

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 IBP No. 30121896
PTR No. 12301896

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF QUEZON ) S.S.

I, ANDRES BONIFACIO, Filipino, of legal age residing

at Barangay Socorro, Quezon City, after being sworn to in
accordance with law, deposes and says that:
1. I am the Petitioner in the above-entitled case;
2. The facts stated in the above petition are true and
correct to the best of my knowledge and authentic
records;
3. 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 in them; and
4. If I should learn that the same or similar action or
claim has been filed or is pending after its filing, I shall
report that fact within five days from notice to the court
or where the petition has been filed.

Quezon City, Philippines, this 13th day of March 2017.

Andres Bonifacio
ANDRES BONIFACIO
Affiant

SUBSCRIBED and sworn to before me, this 13th day

of March 2017, in the City of Quezon by ANDRES
BONIFACIO with Passport No. 30111863 issued on 10th of
May 2016 at Department of Foreign Affairs - Ali Mall.

Doc. No. ______; NOTARY PUBLIC

Page No. ______; Commission Serial No.
______
Book No. ______; Until December 31, 2017
Series of 2017 Roll of Attorney ______
IBP No. _____/Date/Place of
Issue
PTR No. ____/Date/Place of
Issue

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Copy furnished though personal service:

Apolinario Mabini, Esq.

Counsel for the Respondent
Mabini Law, Kalayaan Street
Barangay Socorro, Quezon City