Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Branch 1
Quezon City

REPUBLIC OF THE PHILIPPINES,

Represented by Solicitor General
Jose Calidracula
Petitioner,
SCA No. ______________
- versus - For: Quo Warranto

BONG STOP
Respondent.

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

PETITION FOR QUO WARRANTO

The Petitioner, Republic of the Philippines, through the Solicitor General and unto this
Honorable Tribunal, respectfully states that:

NATURE OF THE PETITION

1. This is a petition for Quo Warranto contesting the assumption of Bong Stop as the
Representative of the First District of Davao. This petition is being filed in accordance
with Rule 66 of the Rules of Court.

THE PARTIES

2. The Republic of the Philippines, through the Solicitor General, contests Respondent’s
assumption of office as a district representative on the ground of ineligibility due to
unmet residency requirement. Respondent Bong Stop had been living in China since he
was 10 years old and only came back to the Philippines 10 months prior to the election.
He ran for candidacy as a representative of the First District of Davao. He won the
elections, took his oath, and assumed office on June 30, 2018.

CAUSE OF ACTION

3. Section 6, Article 6 of the 1987 Constitution provides that: “No person shall be a Member
of the House of Representatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age, able to read and
write, and except the party-list representatives, a registered voted in the district in
which he shall be elected, and a resident thereof for a period of not less than one
year immediately preceding the day of the election.” (Emphasis supplied).
 DISCUSSION

RESPONDENT BONG STOP IS INELIGIBLE

TO BECOME A REPRESENTATIVE OF THE
FIRST DISTRICT OF DAVAO DUE TO
UNMET RESIDENCY REQUIREMENT

4. From Respondent Bong Stop’s admission, he ran as a district representative of Davao in

the recent 2019 elections.
5. That he had been living in China since he was 10 years old.
6. That he only came back to the Philippines on July 30, 2018.
7. That he filed his Certificate of Candidacy on July 30 and alleged therein that he
complied with the statutory requirements. He stated that at the time of the filing, he
was 45 years of age, able to read and write, a registered voter, and has completed the
residency requirement of 1 year prior to the elections.

xxx

PRAYER

WHEREFORE, premises considered, Petitioner respectfully prays that this Honorable Court
disqualify Respondent from holding office as the Representative of the First District of Davao.

Other reliefs that may be just and equitable are likewise prayed for.

Quezon City, October 30, 2019.

JOSE CALIDRACULA
Solicitor General

By:
ATTY. DU THIRTY
Counsel for Plaintiff
Unit 666, Malaca Building, Recto, Manila
IBP No.: 123456; 01/10/10 – Manila
PTR No.: 78901; 10/01/10 – Manila
Roll No.: 234567; 05/05/05
MCLE No.: I-66666; 09/09/09
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

1. The Petitioner, Republic of the Philippines, represented by Solicitor General Jose

Calidracula, with office address at 123 Malacana Street, Malate, Manila, after been
having been duly sworn to in accordance with law hereby depose and state that:
1.1 I am representing Petitioner in this instant case against Respondent Bong Stop
1.2 I have caused the preparation and filing of this instant Petition.
1.3 I have read the contents of this Petition and affirm that the allegations therein are
true of my own knowledge and belief, on the basis of my reading and appreciation
of documents other records pertinent thereto.
1.4 I have not instituted a similar action in another forum or tribunal; neither is there
any pending case involving the same issues and the same parties in any other
forum or tribunal; I shall duly inform the Honorable Tribunal within five (5) days
from knowledge of the filing or pendency of such case in such other forum or
tribunal.

ATTY. JOSE CALIDRACULA

Petitioner/Affiant

SUBSCRIBED AND SWORN to before me on this 31st of October 2019 at Quezon City, Philippines.
I hereby certify that the affiant/petitioner executed and understood the above, the
affiant/petitioner personally appearing and known to me to be the same person who executed
the foregoing Petition and exhibiting to me his Philippine Passport with Number W0371394
issued on May 31, 2017 and which expires on May 31, 2022.

ATTY. PHILIP PINES

Doc No.: Notary Public
Page No.:
Book No.:
Series of 2019.