Faypon vs. Quirino
Faypon vs. Quirino
G.R. No. L-7068, Dec. 22, 1954
Facts:
A petition for quo warranto under section 173 of Republic Act No. 180, as amended, was dismissed by the Court of First Instance of Ilocos Sur. The Court of Appeals affirmed the dismissal. By a petition for a writ of certiorari under Rule 46 the last judgment is now before us for review. The reason for the petition is the respondent's ineligibility for the office of Provincial Governor of Ilocos Sur to which he was proclaimed elected by the provincial board of canvassers in the elections held on 13 November 1951.
Issue:
WON in the quo warranto petition the respondent herein is disqualified to run as Governor for lack of residency considering that is his residence of origin
Held:
No. The factual on the residence of his origin has not been deemed sufficient to constitute abandonment or loss of such residence. It finds justification in the natural desire and longing of every person to return to the place of birth. This strong feeling of attachment to the place of one's birth must be overcome by positive proof of abandonment for another.
Facts:
A petition for quo warranto under section 173 of Republic Act No. 180, as amended, was dismissed by the Court of First Instance of Ilocos Sur. The Court of Appeals affirmed the dismissal. By a petition for a writ of certiorari under Rule 46 the last judgment is now before us for review. The reason for the petition is the respondent's ineligibility for the office of Provincial Governor of Ilocos Sur to which he was proclaimed elected by the provincial board of canvassers in the elections held on 13 November 1951.
Issue:
WON in the quo warranto petition the respondent herein is disqualified to run as Governor for lack of residency considering that is his residence of origin
Held:
No. The factual on the residence of his origin has not been deemed sufficient to constitute abandonment or loss of such residence. It finds justification in the natural desire and longing of every person to return to the place of birth. This strong feeling of attachment to the place of one's birth must be overcome by positive proof of abandonment for another.
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