ANSWER WITH AFFIRMATIVE DEFENSE 1

Republic of the Philippines

MUNICIPAL TRIAL COURT
12TH Judicial Region
Lanao del Norte

JANODIN M. MAROHOMBSAR,
NORJANA E. SULOG ELECTION CASE No. ___
Petitioner For: Quo Warranto

-versus-

MAYOR PRINCESS NHESREEN ALI

Respondent
x-----------------------------------------------/

ANSWER WITH AFFIRMATIVE DEFENSE

Respondent MAYOR PRINCESS NHESREEN ALI, through the

undersigned counsels, most respectfully submit this ANSWER WITH
AFFIRMATIVE DEFENSE and aver THAT:

1. On November 19, 2019, it received a copy of the Petition For Quo

Warranto. It has five (5) days from receipt to file her answer which
will be on November 24, 2019 and since the latter date is holiday, it
has until November 25, 2019 to file the same;

2. Par. 1 is admitted petitioners are residents of the Municipality of

Balo-I and therefore a party to the case;

3. Par. 2 is admitted with an addendum that, herein respondent is the

Incumbent Mayor of Municipality of Balo-i and was reelected on May
13, 2019 National and Local Elections by the residents of Balo-I,
Lanao del Norte and was proclaimed on June 30, 2019.

AFFIRMATIVE DEFENSES

Respondent pleads the foregoing allegations and hereby respectfully

move for the outright dismissal of the instant petition for the following
grounds:
 ANSWER WITH AFFIRMATIVE DEFENSE 2

1. The instant petition is moot and academic considering that the

May 13, 2019 National and Local Elections have already been
concluded. Further, herein respondent was already proclaimed
winner on June 30, 2019 in the Mayoralty race in balo-I, Lanao del
Norte. Rule 21, Section 2 of COMELEC Rules of Court, provides that:

“Period within which to file. A petition for quo

warranto be filed within ten (10) days from the date
the respondent is proclaimed.”

The respondent in this instant case was proclaimed June 30, 2019
and the petition for quo warranto was filed November 19, 2019. A
Time difference of five (5) months has already lapsed.

2. The petition is not signed and thus considered not verified. The
attached verification has no signature of one of the named petitioner
Janodin and the other petitioner, Norjanah is absent in the
verification. Rule 7 Section 7 (c), states that …

“A pleading shall be verified only by an

affidavit stating that the person verifying the same
has read the pleading and that the allegations
therein are true of his own knowledge. Verifications
based on "information or belief" or upon
"knowledge", "information" or "belief" shall be
deemed insufficient.”

PRAYER

WHEREFORE, PREMISES CONSIDERED, herein

respondent, respectfully pray for the outright dismissal of the instant
petition for being baseless and without merit.

Other just and equitable remedies under the circumstances are

likewise prayed for.

Iligan City for Manila, Philippine

November 25, 2019.

QUO WARRANTO LAW OFFICES

Counsel for the Petitioner
Suite 101, Monterona Bldg.
Layasan St., Iligan City
Telefax No. (063) 221-9111
e-mail: quo_warrantolaw@yahoo.com
 ANSWER WITH AFFIRMATIVE DEFENSE 3

by:

ATTY. ELDEE MONTERONA

Attorney’s Roll No. 9865
IBP Lifetime No. 65432
PTR No. 951623 (1/3/2019)
Iligan City MCLE Comp. Cert. No. VI- 0000419, 6/30/2018

ATTY. BAGUL SADAM

IBP OR No. 554321 (December 15, 2018)
PTR No. 321654 (January 3, 2019)
MCLE Compliance No. VI-005632 (August 18, 2018)
Attorney’s Roll No. 101987 (June 4, 2018)

ATTY. JOVELLE LAYASAN

IBP OR No. 061571 (December 15, 2018)
PTR No. 8566374 (January 3, 2019)
MCLE Compliance No. VI-0011651 (August 18, 2018)
Attorney’s Roll No. 70779 (June 4, 2018)

ATTY. ANJALICA TALARO

IBP OR No. 061571 (December 15, 2018)
PTR No. 8566374 (January 3, 2019)
MCLE Compliance No. VI-0011651 (August 18, 2018)
Attorney’s Roll No. 70779 (June 4, 2018)
 ANSWER WITH AFFIRMATIVE DEFENSE 4

Republic of the Philippines)

CITY OF_________ ) s.s.
x-----------------------------------x

VERIFICATION

I, MAYOR PRINCESS NHESREEN ALI, of legal age, married,

Filipino, incumbent Mayor and Re-Elected Mayor Balo-I, Lanao del Norte,
a resident of Barangay Sangkay, Balo-I, Lanao del Norte, after having been
sworn to in accordance with law hereby depose and say that:

1. I am the respondent in the above-stated case;

2. I caused the preparation of the foregoing answer;

3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or based on
authentic records;

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 25th
day of November 2019, in Iligan City, Philippines.

MAYOR PRINCESS NHESREEN ALI

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 25th day of

November, 2019, in Iligan City, Philippines. Affiant exhibited to me her
MMO ID No. 001-01 as proof of her identity and I hereby certify that I have
personally examined the affiant, that she has read and understood the
foregoing and acknowledge to me that the same are her free and voluntarily
act.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;
 ANSWER WITH AFFIRMATIVE DEFENSE 5

Republic of the Philippines) the

City of Iligan - - - - - - - - - - -) S.s
x- - - - - - - - - - - - - - - - - - /

AFFIDAVIT OF SERVICE

I, NIMFA CORTEZANO, of legal age, married, Filipino and with

residence at Buru-un, Iligan City, after sworn in law, depose and state
that:

1. As office secretary of QUO WARRANTO LAW OFFICE, I caused the

service of the copies of ANSWER WITH AFFIRMATIVE DEFENSE of
MAYOR PRINCESS NHESREEN ALI FOR: QUO WARRANTO to the
following:

ATTY. TRICIA SUPERABLE RR No._____

Counsel for Petitioner Issued on____
Room 6, 1st Floor Issued at____
Monterona Bldg., Layasan St.
Quezon Ave Ext., Iligan City

2. Copies of the motion were served via registered mail due distance
to lack of office personnel to effect personal service.

IN WITNESS WHEREOF, I have hereunder set my hand this 25th

day of November, 2019, Iligan City, Philippines.

NIMFA CORTEZANO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 7th day of June 2019.

Affiant exhibited to me her SSS ID’s No. 08-1058698-9.
Doc No.___
Page No.___
Book No.___
Series of 2019

EXPLANATION

Copies of the foregoing counter-affidavit were sent to the

aforementioned persons by registered mail as personal service is not
practicable owing to the distances involved and lack of messengerial service
on the part of the undersigned.

ATTY. ELDEE MONTERONA