(for print)Prohibition,mandamus,Quo Warranto.docx - REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11th Judicial Region Branch 10 Davao City LeBRON R

(for print)Prohibition,mandamus,Quo Warranto.docx -...

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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11 th Judicial Region Branch 10, Davao City LeBRON R. JAMES, Petitioner, - versus - SCA No. 1234412 For: Prohibition with prayer for Prohibition SANGGUNIANG BARANGAY NG BUHANGIN, DAVAO CITY Respondent, x-------------------------------------------x PETITION FOR PROHIBITION PETITIONER, thru counsel respectfully avers that: 1. LeBRON R. JAMES , is Filipino, of legal age, and a resident of 118 Yellowbell St, San Pedro Village, Buhangin, Davao City. 2. KOBE B. BRYANT , is Filipino, of legal age, and is being sued in his official capacity as Punong Barangay of Barangay Buhangin, Davao City; 3. On 12 th day of December 2019, the Sangguniang Barangay ng Buhangin issued Barangay Ordinance BO-003 or "LGBT NO DISCRIMINATION ORDINANCE OF BARANGAY BUHANGIN herein attached as Annex “A.” Under the regulation, it shall be prohibited for any/all establishments, individual or group of persons to commit directly, indirectly thru negligence the following acts; 1. To deny employment to any LGBT in any establishment within this area of responsibility, even if qualified. 2. To deny entry to such LGBT in any establishments for no plausible reason or legal grounds. 3. To deny membership to any organization or group by reason of being an LGBT. 4. To harass, vex or cause any damage, injury or detriment to a person or group of persons by reason of being an LGBT. 5. To impair the rights, privilege and/or benefits of a person or group of persons for being an LGBT. 6. Any/All other acts and needs that maybe done to a person or group of persons, injuries and detrimental to said person or group of persons, just for the reason of being an LGBT.
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4. Petitioner is an owner of an Halal Muslim Restaurant which caters both Muslims and Non-Muslim customers which has been in the business for ten (10) years, but it has been the practice of the business to strictly adhere to the Shariah Law in which is to observe the proper dress code for males and females , and that the comfort rooms are strictly separated for males and for the females. Petitioner would like to be excluded in the said Barangay Ordinance for the reason that it would affect the status for his business, and for the rights of his customers to observe the principles of Shariah Law without having to violate the said Ordinance. 5. There is no other plain speedy, and adequate remedy in the ordinary course of law. 6. That a certified true copy of the Barangay Ordinance BO-003 or "LGBT NO DISCRIMINATION ORDINANCE OF BARANGAY BUHANGIN 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 KOBE B. BRYANT 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 with costs.
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