This case has been cited 1 times or more.
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2009-12-21 |
LEONARDO-DE CASTRO, J. |
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| On the fourth assignment of error, petitioner addresses private respondent's arguments against the contract of lease that he presented as part of the proof of his compliance with the residency requirement. Petitioner asserts that the nomenclature used by contracting parties to describe a contract does not determine its nature, but the decisive factor is the intention of the parties to a contract - as shown by their conduct, words, actions, and deeds - prior to, during and after executing the agreement.[16] Petitioner claims that he has presented ample proof of his residency in terms of evidence more numerous and bearing more weight and credibility than those of private respondent. He proceeds to highlight some of the evidence he offered in the quo warranto case that allegedly prove that his transfer of residence and intention to reside in Sta. Rosa were proven by his stay in Villa de Toledo, to wit: (1) even earlier than 2006, he had purchased a house and lot in Bel-Air Subdivision in Sta. Rosa which he rented out because he was not yet staying there at that time; (2) he sent his children to schools in Sta. Rosa as early as 2002; and (3) he and his wife established a restaurant business there in 2003. Petitioner contends that when he and his family moved to Sta. Rosa by initially renting a townhouse in Villa de Toledo, it cannot be said that he did this only in order to run for election in the First Legislative District.[17] | |||||