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SUPREME COURT
MANILA
SAMAHAN NG MGA
PROGRESIBONG KABATAAAN
(SPARK), JOANNE ROSE SACE G.R. No. ________________
LIM, JOHN ARVIN NAVARRO
BUENAAGUA, RONEL
BACCUTAN, MARK LEO DELOS
REYES, and CLARISSA JOYCE
VILLEGAS, minor, for herself
and as represented by her
father JULIAN VILLEGAS JR.,
Pe
titioners,
- versus -
Resp
ondents.
x---------------------------------------------
-------------------x
PREFATORY STATEMENT
NATURE OF PETITION
II.
THE PARTIES
1
Foreword: The State of the Worlds Children (2000), UNICEF, accessed
10 July 2016, http://www.unicef.org/sowc00/foreword.htm
2
About, Samahan ng Progresibong Kabataan, accessed 10 July 2016,
http://progresibongkabataan.weebly.com/about.html
ANTECEDENT FACTS
3
See attached ordinance labeled Annex A Navotas Curfew Ordinance.
4
See attached ordinance labeled Annex B Manila Curfew Ordinance.
5
See attached ordinance labeled Annex C QC Curfew Ordinance.
IV.
12
See attached affidavit labeled Annex E - Mark
13
See attached birth certificate labeled Annex F - Clarissa
14
See attached school identification labeled Annex G - Clarissa
A. Jurisdiction
B. Propriety of Rule 65
15
Araullo vs. Executive Secretary Ochoa, G.R. No. 209287, 1 July 2014.
1. Direct Injury
19
This case, however, has a special and novel element. Petitioners
minors assert that they represent their generation as well as
generations yet unborn. We find no difficulty in ruling that they
can, for themselves, for others of their generation and for the
succeeding generations, file a class suit. G.R. No. 101083, 30 July
1993.
20
Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 74
(1976).
21
Brumley, Alison M. (1991), "Parental Control of a Minor's Right to Sue
in Federal Court," University of Chicago Law Review: Vol. 58: Iss. 1,
Article 8, accessed 10 July 2016
http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?
article=4702&context=uclrev
22
Article 37 (d), Convention on the Rights of the Child, United Nations
Human Rights Office of the High Commissioner, accessed on July 10,
2016, http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
2. Concerned citizens
[xxx]
30
Serrano vs. Gallant Maritime Services, Inc., G.R. No. 167614, 24
March 2009.
31
Congressman Garcia vs. Executive Secretary, G.R. No. 157584, 2
April 2009.
32
The Diocese of Bacolod vs. COMELEC, G.R. No. 205728, 21 January
2015.
V.
LEGAL ARGUMENTS
A.
B.
C.
D.
E.
VI.
DISCUSSION
33
City of Manila vs. Laguio, G.R. No. 118127, 12 April 2005.
34
See Sec. 4(r) of R.A. No. 9344 (2005), as amended by R.A. No. 10630
(2012).
35
See Sec. 57 of R.A. No. 9344 (2005), as amended by R.A. No. 10630
(2012).
36
See Sec. 57-A of R.A. No. 9344 (2005), as amended by R.A. No. 10630
(2012).
37
See Sec. 4 of Manila Ordinance No. 8046 (2002).
38
Imbong vs. Ochoa, G.R. No. 204819, 8 April 2014.
39
561 U.S. 358 (2010).
40
See attached affidavit labeled Annex D - Ronel
41
See attached affidavit labeled Annex E - Mark
42
See Sec. 5(h) of Quezon City Ordinance No. SP-2301, S-2014.
74. In this day and age, the existence of 24-7 fast food
chains, convenience stores, and services also gives people
legitimate reasons to be out late at night or even in the wee
hours of the morning when they either have to buy food, buy
grocery, or withdraw cash at a nearby ATM machine.
Petitioner Clarissa, specifically, has to almost always buy
food from fast food chains or convenience stores because
she comes home late at night, due to her class schedule,
when her parents are already sleeping. Petitioners also need
to go to 24-7 computer shops sometimes to research for
school or print a paper thats about to be due for school.
They could also go to computer shops to browse the internet
for non-academic but legitimate reasons.
45
Kabataan Party-List vs. COMELEC, G.R. No. 221318, 16 December
2015.
46
Newsounds Broadcasting Network Inc. vs. Dy, G.R. No. 170270 &
179411, April 2, 2009.
47
Fernando vs. St. Scholasticas College, G.R. No. 161107, 12 March
2013.
48
City of Manila vs. Laguio, G.R. No. 118127, 12 April 2005.
49
Ibid.
50
Ibid.
51
Article II, Section 12, 1987 Constitution.
It is considered irreparable
injury when it cannot be adequately
compensated in damages due to the
54
Philippine Airlines vs. National Labor Relations Commission, G.R.
120567, 20 March 1998
Copy furnished:
VERIFICATION
AND
CERTIFICATION OF NON-FORUM SHOPPING
JOHN ARVIN
BUENAAGUA
Affiant
RONEL BACCUTAN
Affiant
CLARISSA VILLEGAS
Affiant
JULIAN VILLEGAS JR
Affiant
Clarissa Villegas
VERIFIED DECLARATION
AFFIDAVIT OF SERVICE
Office of the
City Mayor,
Mayor Manila City
Registered
Joseph Hall, Padre July 2016
Mail
Estrada Burgos,
Ermita,
Manila
Office of the
City Mayor,
Mayor
Navotas City Registered
John Rey July 2016
Hall, M. Naval Mail
Tiangco
St., Navotas
City