Republic of The Philippines Regional Trial Court First Judicial Region Baguio City Branch 416

Republic of the Philippines
REGIONAL TRIAL COURT

First Judicial Region
Baguio City
Branch 416
NANA LO,
Petitioner Case No.
-versus-
POLI TIKKO, For: Quo Warranto
Respondent.
x-------------------------------x
QUO WARRANTO
THE PARTIES
1. The Petitioner NANA LO is of legal age, Filipino, a

registered voter and a resident of Sunshine Building No. 19,
Mabini, Baguio City where the Honorable Court’s processes
and orders may be served, copy of the Voter’s ID is hereto
attached as “ANNEX A”.
2. Respondent POLI TIKKO, of legal age, a dual citizen

having been issued an immigrant visa issued by the
Government of the United States of America (USA) and who is
resident of No. 12 Spring Valley, San Diego, California, USA.
He may be served with this Honorable Court’s processes and
orders at the Office of the City Mayor of Baguio City, copy of
his US Government ID attached hereto as “ANNEX B”.
NATURE OF THE PETITION

3. This is a verified Petition for quo warranto
contesting the assumption of Poli Tikko as mayor of
Baguio City on the ground of ineligibility. It is being filed
in accordance with the provisions of AM. No. 07-4-15-
SC, May 15, 2007.
CAUSE OF ACTION
RESPONDENT POLI TIKKO IS

INELIGIBLE TO BECOME THE MAYOR
OF THE CITY OF BAGUIO FOR THE
REASON THAT HE DOES NOT
POSSESS THE QUALIFICATION
PRESCRIBED BY LAW
4. That the election was made on May 13, 2019. And

that Respondent obtained the highest votes totaling to
27, 872 votes among the candidates for Mayor as
certified by the Board of Canvassers in its 2019
Certificate of Canvass, cops of his Certificate of
Candidacy (COC) hereto attached as “ANNEX C-1” and
the Certificate of Canvass attached hereto as “ANNEX C-
2”.
5. That Respondent has taken was proclaimed and

has oath on June 30, 2019.
6. That Respondent has assumed office on July 1,

2019.
7. That the Petition was filed on July 5, 2019.
8. That the Petition is proper for the reason that

Section 8 of AM. No. 07-4-15-SC provides that:
“The election protest or petition for quo

warranto shall be filed within the non-
extendible period of ten days following the
date of proclamation.”
9. That the Respondent is not a citizen of the

Philippines for having been issued an immigrant visa by
the Government of the United States of America copies of
such attached hereto as “ANNEX D”.
10. That the Respondent prior to the filing of his

candidacy, has been living in the United States of
America (USA) for at least 33 years.
11. That Respondent resided and continued to reside in

No. 12 Spring Valley, San Diego, California, USA.
12. That Respondent Section 39 of R.A. 7160, or the

Local Government Code provides:
(a) An elective local official must be a
citizen of the Philippines; a registered
voter in the barangay, municipality, city,
or province or, in the case of a member of
the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang
bayan, the district where he intends to be
lected; a resident therein for at least
one (1) year immediately preceding the
day of the election; and able to read and
write Filipino or any other local language
or dialect.
xxx.
13. Whereas, Section 40 provides that:

The following persons are disqualified
from running for any elective local
position:
xxx.
(d) Those with dual citizenship;
xxx
(f) Permanent residents in a foreign

country or those who have acquired the
right to reside abroad and continue to
avail of the same right after the effectivity
of this Code
16. That Respondent has continued to use his American

Passport.
17. That in the case of Maquiling v. COMELEC, G.R. No.

195649, April 16, 2013, the Supreme Court held that:
The use of foreign passport after

renouncing one’s foreign citizenship is a
positive and voluntary act of
representation as to one’s nationality and
citizenship; it does not divest Filipino
citizenship regained by repatriation but it
recants the Oath of Renunciation required
to qualify one to run for an elective
position.
18. Moreover, in that case of Chua v. COMELEC, G.R. No.

216607, April 5, 2016, the Court held that:
Dual citizens are disqualified from running

for any elective local position. They cannot
successfully run and assume office
because their ineligibility is inherent in
them, existing prior to the filing of their
certificates of candidacy. Their certificates
of candidacy are void ab initio, and votes
cast for them will be disregarded.
Consequently, whoever garners the next
highest number of votes among the eligible
candidates is the person legally entitled to
the position.
PRAYERS
WHEREFORE, premises considered, petitioner respectfully

prays that this Honorable Court, after hearing, disqualify
respondent Poli Tikko as the Mayor of the City of Baguio.
Other forms of relief, just and equitable under the

circumstances are likewise prayed for
Baguio City, July 5, 2019.

NANA Z. LO
Petitioner
VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPPING
I, NANA Z. LO, of legal age, a resident of Sunshine

Building No. 19, Mabini, Baguio City, Filipino, single, after
having been duly sworn to in accordance with law, hereby,
depose and say:
1. That I am the petitioner in the above-entitled case and

have caused this petition to be prepared;
2. That I read and understood its contents which are true
and correct of my own personal knowledge and/or
based on authentic records.
3. That I have not commenced any action of proceeding
involving the same issue in the Supreme Court, the
Court of Appeals or any other tribunal or agency; that
to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court
of Appeals or any tribunal or agency, and that, if I
should learn thereafter that a similar action or
proceeding has been filed or is pending before these
courts of tribunal or agency, I undertake to report that
the fact to the Court within five (5) days therefrom.
IN WITNESS WHEREFOR, I have hereunto set my hand this

5th day of July, 2019.
NANA Z. LO
TIN #198238
Affiant
SUBSCRIBED AND SWORN to before me this 5 th day of July,
2019. I hereby certify that the affiant executed and understood
the above, the affiant personally appearing and known to me
to be the best person who executed the foregoing petition and
exhibiting to me his Tax Identification with a number 198238
issued on May 1, 2019 and which expires on May 1, 2022.
Atty. John Lester M. Balagot

IBP No 990000
Roll No. 909000/March 2022
PTR No. 182
MCLE Compliance No. 1938
lmbalagot@gmail.com
Room #19 ABC Building,
Upper General Luna, Baguio
Copy furnished:
CHOLO POCHOLO
Counsel for the Plaintiff
R104 Laperal Building
R104 Laperal Building, Session Road, Baguio City
22
Session Road, Baguio City CHOLO POCHOLO
Roll No. 015675

IBP No. 1685-06/28/18
PTR No. 2685498-06-28-2018
MCLE Com No. I-346958, 06-28-2018 until 04-14-2024
THE CLERK OF COURT

Regional Trial Court Branch 3
Baguio City
EXPLANATION
The undersigned will submit the foregoing Motion to

Dismiss for hearing for the consideration and approval of the
Honorable Court on Friday, July 9, 2019 at 2:00 o’clock in the
afternoon or soon thereafter as counsel may be heard.
Atty. John Lester M.

Balagot
“ANNEX A”
NANA Z. LO
Sunshine Building No. 19, Mabini, Baguio

City
“ANNEX B”
“ANNEX C-1”
“ANNEX C-2”
“ANNEX D”

Republic of The Philippines Regional Trial Court First Judicial Region Baguio City Branch 416

Uploaded by

Copyright:

Available Formats

Republic of The Philippines Regional Trial Court First Judicial Region Baguio City Branch 416

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Republic of The Philippines Regional Trial Court First Judicial Region Baguio City Branch 416

Uploaded by

Copyright:

Available Formats

What is the nature of the petition?

What is the nature of the petition?

What are the grounds for disqualifying the respondent as mayor?

What are the grounds for disqualifying the respondent as mayor?

Republic of the Philippines

REGIONAL TRIAL COURT

1. The Petitioner NANA LO is of legal age, Filipino, a

2. Respondent POLI TIKKO, of legal age, a dual citizen

NATURE OF THE PETITION

RESPONDENT POLI TIKKO IS

4. That the election was made on May 13, 2019. And

5. That Respondent has taken was proclaimed and

6. That Respondent has assumed office on July 1,

8. That the Petition is proper for the reason that

“The election protest or petition for quo

9. That the Respondent is not a citizen of the

10. That the Respondent prior to the filing of his

11. That Respondent resided and continued to reside in

12. That Respondent Section 39 of R.A. 7160, or the

13. Whereas, Section 40 provides that:

(d) Those with dual citizenship;

(f) Permanent residents in a foreign

16. That Respondent has continued to use his American

17. That in the case of Maquiling v. COMELEC, G.R. No.

The use of foreign passport after

18. Moreover, in that case of Chua v. COMELEC, G.R. No.

Dual citizens are disqualified from running

WHEREFORE, premises considered, petitioner respectfully

Other forms of relief, just and equitable under the

Baguio City, July 5, 2019.

I, NANA Z. LO, of legal age, a resident of Sunshine

1. That I am the petitioner in the above-entitled case and

IN WITNESS WHEREFOR, I have hereunto set my hand this

Atty. John Lester M. Balagot

Session Road, Baguio City CHOLO POCHOLO

Roll No. 015675

THE CLERK OF COURT

The undersigned will submit the foregoing Motion to

Atty. John Lester M.

Sunshine Building No. 19, Mabini, Baguio

You might also like