Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch No. 12
Quezon City

Juan Belosillo,
Plaintiff,
Civil Case No. ____
-versus- For: Petition for Declaratory Relief

THE CITY COUNCIL

OF QUEZON CITY,
Defendant.
x --------------------------- x

PETITION FOR DECLARATORY RELIEF

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may
be served with notices at Quezon City Hall.

2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to
operate cellular phone units while inside a moving vehicle and penalizing any violations with a
fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The
relevant portions of the Ordinance are, as follows: (Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the

authorities to stop even urgent and important calls which may be made only while the person is
in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila,
majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who
frequently has to dictate important pleadings over the phone while in transit due to the worsening
traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits
of permissible action under the Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because
he is unsure of the instances when he may lawfully use his cellular phone while in a moving
vehicle and when such use may lead to confiscation and a fine.
 WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory
relief and declare plaintiff’s rights and duties under the Ordinance.

Quezon City; 7 July 2007.

(Sgd.) Atty. Pedro P. Paler

Counsel for Plaintiff
Roll No. 27827
PTR No. 2782782, 1/1/2017
IBP No. 278278, 1/1/2017
MCLE Compliance IV-0000278-1/1/2017
Tel. No. (02) 278-2278
Email Address: flydragonfly@yahoo.com
Suite No. 278, 2nd Floor,
Lalangawin Condominium,
E. Rodrigues Ave., Pasig City, 1001

Republic of the Philippines

SUPREME COURT
Manila

WHITE LIGHT CORPORATION,

Plaintiff,

-versus- G.R. DOCKET NO. 868-SC-922-VI

FOR: Petition for Declaratory Relief
CITY OF MANILA, represented by
MAYOR ALFREDO S. LIM,
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION WITH LEAVE TO INTERVENE AND TO ADMIT

 ATTACHED COMPLAINT- IN- INTERVENTION

Movant-Intervenors, by counsel, to this Honorable Court respectfully states:

This is a Complaint for Declaratory Relief with Prayer for a Writ of Preliminary Injunction
and/or Temporary Restraining Order filed on January 2, 2014, to declare Ordinance 7774
prohibiting the admission of customers on a short- time basis or for a short- time rate invalid and
unconstitutional.
Herein movants are operators and proprietors of various business establishments in the City of
Manila whose main customers are local tourists and people from far- flung areas in the country
having their vacation in the Metro.

That the passage of the aforesaid Ordinance will adversely affect herein movant’s lawful
occupation and businesses, due to the fact that the establishments they operate are tourist- and
people-fueled, and the passage of the Ordinance in controversy may affect the patronage of the
movant’s customers.

The passage of the aforesaid Ordinance 7774 will adversely affect the business operation and
occupation of movants, to their detriment and prejudice.

WHEREFORE, it is respectfully prayed that an order be rendered admitting herein

Movants as Intervenors in the above- entitled case.

Imus City for City of Manila, 7 January 2014.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: LLawOffice@yahoo.com

by:
RICA KAYE O. LOMIBAO
IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice

HONORABLE SUPREME COURT

City of Manila

Greetings:
Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.
RICA KAYE O. LOMIBAO