Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

DR. MARIA JANICE A. LLOREN EPC No. _________

Protestant, for:

-v e r s u s- ELECTION PROTEST FOR

MAYOR OF INOPACAN, LEYTE
SILVESTRE T. LUMARDA,
Protestee.

x-----------------------------------------x

NOTICE OF APPEAL

PROTESTEE, by counsel, hereby files this Notice of Appeal on

certiorari to the COMMISSION ON ELECTIONS under Rule 28,
Section 2 of the Comelec Rules of Procedure, from the ORDER of
the Regional Trial Court, 8th Judicial Region, Branch 18 dated 2 July
2010 in the above-entitled case for grave abuse of discretion
tantamount to lack of jurisdiction, and there is no appeal, nor plain,
speedy and adequate remedy in the ordinary course of law.

A copy of the assailed Order was received by counsel for the

protestee on 8 July 2010. This appeal is seasonably filed within the
reglementary period of five (5) days from receipt of the said Order.

Pursuant to Rule 14, Section 9 of A.M. No. 10-4-1SC in relation

to COMELEC Resolution No. 8654 dated 4 August 2009, we paid the
appeal fee of ONE THOUSAND PESOS (P1,000.00) to the Clerk of
Court of RTC, Branch 18, Hilongos, Leyte, evidenced by a
Certification 1 of the said Clerk of Court dated 12 July 2010 and a
photocopy of O.R. No. 5882373 2.

1
Annex A – Certification of Clerk of Court, RTC Br. 18, Hilongos, Leyte dated 12 July 2010
2
Annex B – Official Receipt No. 5882373 in the amount of P1,000.00 as appeal fee
 2

Pursuant to Resolution No. 8654 in relation to Section 3 and 4,

Rule 40 of the 1993 COMELEC Rules of Procedure as amended,
herein protestee will comply to pay to the COMELEC the appeal fee
and other legal fees/charges of about FOUR THOUSAND PESOS
(P4,000.00) simultaneously with the filing of this notice of appeal.

RESPECTFULLY SUBMITTED.

Tacloban City for Manila, Philippines. 12 July 2010.

CRUZ AND TOLENTINO LAW OFFICE
Counsel for the Defendant
Suite 405 Elizabeth Center
Ermita, Manila

By:
Jean Pierre Guidotti
Roll No. 23456
IBP No. 22345/1-3-12/Manila
PTR No. 33456/1-3-12/Manila

Copy furnished:
FRETTI LAUREL
Counsel for the Plaintif
Unit 1234 Laurel Building
Sampaloc, Manila

EXPLANATION

A copy of this Notice of Appeal was furnished to Atty. Bandalan and the
RTC Br. 18, Hilongos, Leyte by registered mail in lieu of personal service due to
distance, registry receipt hereto attached as proof of service. (If personally
served, please disregard the explanation.)

Jean Pierre Guidotti