COMELEC
PAPER # 1
FACTS: The petitioner asks this court to restrain the COMELEC from looking into
the question of his citizenship for his office as Mayor of Baguio City.
In the January 20, 1988 elections, Ramon J. Labo, Jr. was proclaimed as the
new elected Mayor of Baguio City. Six days later, Luis Lardizabal, the private
respondent, filed a petition for quo warranto which according to the petitioner may
not be valid because the filing fee was not paid yet. While the petition for quo
warranto was being argued, the question of the petitioner's citizenship was brought
about. Through the records from the Australian Embassy, it was found that the
with the Consular ID - returned in the Philippines in 1980 for the reason that his
marriage became void because of bigamy. It was also stated that he was granted
ISSUE/S:
1. Whether or not the COMELEC has jurisdiction to conduct any inquiry about
Ramon J. Labo, Jr. as the newly elected Mayor of Baguio, considering that
the petition for quo warranto against him was not filed on time.
2. Whether or not Ramon J. Labo is a Filipino citizen.
4. Whether or not Luis Lardizabal, who filed the petition for quo warranto, can
as Mayor of Baguio City. He is ORDERED to vacate his office and surrender the
same to the Vice-Mayor of Baguio City once this decision becomes final and
executor. The temporary restraining order dated January 31, 1989, is lifted.
being filed against the petitioner was paid on time. It is contrary to the
petitioner’s claim that the court may allow the payment of the said fee
within a reasonable time. Lardizabal was able to pay the said fee within
country promising to faithfully observe the laws and fulfill the duties of an
Australian citizen. He also did not make a move in reacquiring his Filipino
citizenship by doing the following modes of action: a) reacquiring by direct
the mayor because the person who is fit to the position is the elected Vice
Mayor.