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REPUBLIC OF THE PHILIPPINES SUPREMECOURTi,i,:i,':i.; ,
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HON. PAQUITO N. OCHOA, Executive Secretary, HON. ENRIQUE T. ONA,
Secretary of the Department of Health, HON. ARMIN A. LUISTRO,
Secretary of the Department of Education, HON. CORAZON SOLIMAN,
Secretary of the Department of Social Welfare and Development, HON.
MANUEL A. ROXAS II, Secretary of the Department of Interior and
Local Government, HON. FLORENCIO B. ABAD, Secretary of Budget and
Management, HON. ARSENIO M. BALISACAN, Socio-Economic Planning
Secretary and NEDA Director-General, the PHILIPPINE COMMISSION ON
WOMEN, represented by its Chairperson Remedios Ignacio-Rikken, the
PHILIPPINE HEALTH INSURANCE CORPORATION, represented . by its
.President Eduardo Banzon, the LEAGUE OF PROVINCES OF THE
PHILIPPINES, represented by its President Alfonso Umali, the LEAGUE
OF CITIES OF THE PHILIPPINES, represented by its President Oscar
Rodriguez, and the LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
represented by its President Donato Marcos,
Respondents.
VERIFIED COMMENT with MOTION FOR EXCLUSION AS PARTY
Respondent LEAGUE OF CITIES OF THE PHILIPPINES, by counsel, into
the Honorable Court most respectfully moves that it be excluded as
party on the following grounds:
1. The League of Cities of the Philippines, hereinafter referred
to as the League, is an organization registered with the Securities
and Exchange Commission of all cities1 for the primary purpose of
ventilating, articulating and crystallizing issues affecting
city
1 A copy of the League's Certificate of Registration is hereto
attached as Annex "1".
2
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government administration, and securing, through proper and
legal means, solutions thereto.2 The highest policy-making body of
the League in between sessions of its General Assembly is its
National Board of Directors;
2. The League is not a part or an adjunct of the Executive and
has no power to execute or enforce laws but only such matters as
may have been validly resolved or agreed upon by its Assembly or
Board. No such resolution or agreement exists pertaining to
Republic Act (R.A.) 10354;
3 For the foregoing reasons, it is respectfully submitted that
the inclusion of herein League as respondent is erroneous and it is
thus prayed that the League be excluded as party-respondent.
RIGOROSO GALINDEZ and RABINO Law Offices
Room 901, 9th Floor, Fil Garcia Tower, Kalayaan Avenue, Quezon
City Tel.No. 924-8552/924-2396
By:
TEDDY ]:SFEBJ --\F:ruGOROSO &:PR.# 755097 o\~=13; Q.C.
IBP # 923300 01-09-13; Q.C. MCLE Compliance N . V-0008405;
10-03-12
Roll# 42240
.Copy Furnished:
ATTY. MARIA CONCEPCION S. NOCHE MCS NOCHE LAW OFFICE 91 Melchor
Street Loyola Heights, 1108 Quezon City
EXPLANATION
Copy of the foregoing Comment with motion for exclusion as party
was served to the other party by register d mail due to lack of
material time and personnel to effect semce.
\ 2 Section 499 of the Local Government Code of 1991, as
amended.
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VERIFICATION
I, Oscar S. Rodriguez, of legal age and with office address at
Unit J&K, ~h Floor, CyberOne Building, # 11 Eastwood Avenue,
Bagumbayan, Quezon City, after having been sworn to in accordance
with law, do hereby depose and state that:
I am the National President of the League of Cities of the
Philippines; I have caused the preparation of the foregoing Comment
with motion for exclusion as party; I have read the allegations
contained therein and the same are true and correct of my own
personal knowledge and based on authentic records.
~ (\ ~ 1t\\~N WITNESS HEREOF, I have hereunto set n1y hand this
rt of February 2013 at Quezon City. '
.
'
LA Vi~~) Oscar S. Rocfriguez
Affiant
t. ~ () ~ 1(\'J SUBSCRIBED AND SWORN to before me thil day
of
February 2013 at Quezon City. Affiant exhibited to me as
competent evidence of identity his 'Philippine ('~&!;.port with
number E\b\b339'-lll valid uoli\ No'iell)be~C6r 'l.OI~
Doc No. ]:""),- ; Page No.-1.!_; Book No. __Jk_; Series of
201~
~1~0= H ANY, ATTY'S ROLL NO_ 273B
NOTARY PUBLIC UNTIL DECEMBER 31, 1114
PTR Nil 756fl959 JAN. '1. 2f!12; lf.W NlJ. l::34:!i'l2 llEC. 1L
21112
TIN NO. 1'25- 85 '2 - 35'1 rr!\1~1S51UN N[J_ []~T-
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HOLA1J;.N)l\ T,. TESOklC Dfi~'lce!r:.rr.~-G:b~rr>\~
Coipo:r
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Republic of the Philippines Quezon City
) )ss.
Affidavit of Service
I, Jamilo M. lbias, of legal age, Filipino, and with office
address at Rm. 901-9th Fir. FilGarcia Tower, 140 Kalayaan Avenue,
Diliman, Quezon City, after having been duly sworn to in accordance
with law hereby depose and state, that
1. On 8 February 2013, I have personally filed the foregoing
Pleading/Document with the Supreme Court En Bane, re:
VERIFIED COMMENT WITH MOTION FOR EXCLUSION ASP ARTY ALLIANCE FOR
THE FAMILY FOUNDATION PHILIPPINES, INC., ET AL., Petitioners,
versus HONORABLE PAQUITO OCHOA, ET AL., Respondents. G.R. No.
____ _
2. On 8 February 2013, I have likewise served copy of the
foregoing Pleading by Registered Mail to the following:
Atty. Maria Concepcion S. Noche MCS Noche Law Office Registry
Receipt No. )~
QC Hall Post Office February 8, 2013
91 Melchor Street, Loyola Heights, 1108 Quezon City
by depositing a copy at the QC Hall Post Office in a sealed
envelope, plainly addressed to the addressee mentioned above, with
pre-paid postage, as evidenced by registry receipt correspondingly
attached beside the name of the addressees appearing on page 3 of
the original Pleading and with instruction to the postmaster to
return the mail to the sender after Ten (10) days if
undelivered.
IN TRUTH WHEREOF, I hereunto affix my signature this 8th day of
February 2013 at Quezon City.
SUBSCRIBED AND SWORN TO before me this 8th day of February 2013
at Quezon City, affiant exhibited to me as competent proof of
identity his TIN bearing numbers 297-973-841.
Doc. No.I= Page No. Book No. Series of 20 3.
oufft~ 0 IN ANA ATTY'5 ROLL N!J. 273 6
NOTARY PUBLIC UNTIL DECEMliER ~1, 2DH _
PTR HD. 756[l?59 .IAN. 2. 2[1 H IBP Na. 334?i22 DEL 11.
21112
TJN NO. 125-852-859 Cr!'rl'l1!55f[JN N[J_ rJfl=t
