GE. GARCIA LAW OFFICE eure FEB 06 2019 SPA Case No. 18-015 (DC) Republic of the Philippi Commission on Clectimns ttice of the Clerk of the Commis 8" Floor, Palacio del Gobettra Intramuros, Manila [ \| ROBIN P. RUBINOS, Pelilioner, “versus — LORNA REGINA ~—s BAUTISTA LEGARDA, ae EXEQUIEL B. JAVIER, Petitioner, -versus — SPA Case No. 18-045 (DC) LORNA REGINA BAUTISTA LEGARDA, yee 1 ATTY. MICHAEL ANGELO T. PARADO ATTY. JUBERT JAY C. ANDRION ATTY. VLADIMIR F. PELAEZ Counsel for the Petitioner: Exequiel B. Javier Parado Andrion Pelaez, & Associates 1208 Victoria Building, Unitied Nations Avenue Exmita, Manila 2. ATTY. ROBIN P. RUBINOS Petitioner Fatima, Tobias Fornier ‘Antique 3. ATTY. GEORGE ERWIN M. GARCIA Counsel for the Respondent: Lorna Regina Bautista Legarda GE. Garcia Law Office Ground Floor, LAIKO Building Cabildo Street, Intramuros Manila 4. The LAW DEPARTMENT This Comunission, 5. ‘The EDUCATION & INFORMATION DEPARTMENT This Commission. GREETINGS: Altached is a copy of the RESOLUTION of the Commission (Second Division) of the above entitled cases promulgated February 06, 2019, Given this 06th day of February 2019, in the City of Manila, Philippines, FOR THE DIVISION: M, CUARESMA-LILAGAN ting Slork of the Comnésstoay x ABIGAI!Republic of the Philippines COMMISSION ON ELECTIONS Manila SECOND DIVISION: ROBIN P. RUBINOS, SPA No, 18-015(DC)(F) Petitioner, Gate LER, Prositing Conemisioney Tnling $B. Comins Kho, fr, AT. Commissioner -versus- LORNA REGINA BAUTISTA LEGARDA, Respondent. concen meneame B, JAVIER, SPA No. 18-045(DC) Petitioner, sversus- LORNA REGINA BAUTISTA LEGARDA, Respondent, FER OEM Promulgated: : — RESOLUTION Before the Commission (Second Division) are the: 1) Petition! filed by Robin P. Rubines docketed as SPA No. 18-015(DC), and 2) Petition to Deny Due Course/Cancél the Certificate of Candidacy for Member, House of Representatives of Lorna “IndayLoren” Regina Bautista Legarde® xxx filed by Exequiel B. Javier docketed as SPA No. 18- 045(DC). Both petitions seek the denial of due course or cancellation of Lorna Regina Bautista Legarda’s Certificate of Candidacy (CoC) for Member, House of Representatives for the Lone Legislative District pf Antique in the 13 May 2019 National and Local Elections (LE). 7. Se 1] + Rucords SPA Ne, 18-015(D2)1-6, ?Recards SPA No. 18-0400) 1.75, ies f ce LORENA sak, EE Aatsinistrakive fosisto mt SF fe [9SPA Nos 5 Reaniution Page |2 ANTECEDENT FACTS AND CIRCUMSTANCES On 17 October 2018, Legarda filed her CoC before the Office of the Provincial Election Supervisor of Antique® Legarda declared in item Nos. 5 amd 7 of her CoC that she is a resident of Barangay Mag-abe, Pande, Antique for one year and four montis up to the day before 13 May 2019.4 She further declared in Item No. 11 thereof that she is eligible for the position to which she seeks to be elected, SPA No. 18-015(DC) On 18 October 2018, Rubinos filed the petition claiming that Legarda is nota resident of Barangay Mag-aba, Pandan, Antique, but ‘of Potrero, Malabon City. Rubinos cites the fact that Legarda was.a registered voter of Malabon City as of 14 May 20185 Rubinos likewise claims that Legarda has not established actual physical residence in Barangay Mag-aba; that she does not have any intention to remain in said residence; and that neither has she shown any intention to abandon her domicile in Barangay Potrero, Malabon§ On 8 November 2018, the Commission (Second Division) issued Summons? to Legarda requiring her to file a verified answer within a non-extendible period of five (5) days from receipt thereof. On 23 November 2018, Legarda filed her Verified Answer.# She claims that her roots can be traced back; to the Province of Antique, as her grandmother, grandfather, great granduncle, and aunt are known personalities of the said province.* On 1 January 2018, she leased a residential property in Barangay Mag-aba, which she used as her place of residence." Legarda likewise applied for the transfer of her Voter Registration Record (VRR) from Malabon City ta Pandan on 28 September 2018.11 In its joint Resolution dated 29 October 2018, the Election Registration Board (ERB) of Pandan, Antique approved her application for transfer of VRE Gg > Records SPA No, 16-015(00) 419. * Based on the cements af the C2C. od, at2. at, Pd. at 12-408. Fd, ab 33, * Racords SPA No, 18:01 5{0C) 14 BM, ia,