CONSTITUTION I

A.Y. 1819– DEAN CANDELARIA

TOPIC Sec. 6, Domicile and Residence  Vicente filed a petition for quo warranto before the HRET. He
CASE NO. G.R. No. 187478 claimed that Fernandez lacked the required one-year residency
CASE NAME Fernandez v HRET requirement provided under Article VI, Section 6 of the 1987
Constitution (see relevant laws section).
PONENTE Leonardo-De Castro
o Vicente presented several witnesses who testified that
PETITIONER Representative Danilo Ramon S. Fernandez Fernandez didn’t reside in Sta. Rosa (which again, would fall
RESPONDENT House of Representatives Electoral Tribunal under the First Legislative District). A witness even testified
(HRET) and Jesus L. Vicente that Fernandez attempted to coerce some of the other
TYPE OF Petition for certiorari and prohibition witnesses to recant their declarations and change their
CASE affidavits.
MEMBER Pierre Macalino  Fernandez defense presented his own witnesses, them claiming:
o That they had seen him and his family residing in Sta. Rosa.
ISSUE o That he was a lessee in one of the houses in Sta. Rosa.
o That he had no longer been residing in his property at
1. W/N Cabuyao, Laguna.
RELEVANT FACTS o That he had another property at Sta. Rosa and was even
 Petitioner Fernandez filed for candidacy as Representative of the First running a restaurant/bar business there.
Legislative District of the Province of Laguna in the 2007 elections.
In his Certificate of Candidacy (COC), he indicated that he resided at RATIO DECIDENDI
Sta. Rosa, Laguna. 1. W/N Chiquie’s actions are constitutional? YES.
 Respondent Vicente contended that Fernandez didn’t reside at Sta. As stated in the Rule 1.01
Rosa, Laguna. He filed a Petition to Deny Due Course to and/or
Cancel Certificate of Candidacy and Petition for Disqualification DISPOSITIVE POSITION
against Fernandez. This was forwarded to the COMELEC, but it was Wherefore
dismissed for lack of merit. Vicente’s contentions were as follows: DOCTRINE/PRECEDENT
o That during the past elections, Fernandez declared Pagsanjan, - Plagiarism is defined as (…)
Laguna as his address. Pagsanjan is in the Fourth Legislative - On Chiquie vs SoCiety: Sharing without proper attribution is
District of the Province of Laguna. This essentially implied wrong, but Sharing is Caring.
that Fernandez didn’t reside in the First Legislative District –
which is where he currently ran as Representative. RELEVANT LAWS
o That Fernandez had another house in Cabuyao, Laguna – - Art. 6, Sec. 6. No Person shall be a member of the House of
which was also outside the First District. Representatives unless he is a natural-born citizen of the Philippines
 Fernandez won the election, winning by over 35,000 votes over the and, on the day of the election, is at least twenty-five years of age,
nearest candidate. able to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a

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 CONSTITUTION I
A.Y. 1819– DEAN CANDELARIA
resident thereof for a period of not less than one year
immediately preceding the day of the election.

SEPARATE OPINION
DISSENTING
Main Point:
Discussion:
CONCURRING
Main Point:
Discussion: