HRET AND DAN FERNANDEZ'S CASE

July 6, 2007 Petitioner Jesus L. Vicente filed a petition for quo warranto against Danilo Ramon S. Fernandez (HRET
Case No. 07-034) on the ground that respondent lacked the residency requirement of one year in the First District of
Laguna as provided in Sec. 6, Article VI, of the Constitution.
In all of Fernandezs previous certificates of candidacy (1998, 2001 and 2004 elections), he declared under oath that his
permanent residence is Pagsanjan. However, it was only in the 2007 elections that Fernandez claimed to have changed
his residence to Sta. Rosa City . The petitioner in the quo warranto case, Vicente, knew for a fact that Fernandez never
resided in Sta. Rosa, being a resident of that place himself.
Dec. 16, 2008 - The House of Representatives Electoral Tribunal (HRET) declared Fernandez ineligible for the office of
representative of the first district of Laguna for lack of residence in the district and ordered him to vacate his office.
April 30, 2009 The HRET, in Resolution No. 09-080, denied the motion for reconsideration filed by Fernandez on Dec.
22, 2008 due to the absence of new issues or arguments that have not been resolved in the 2008 decision. On the same
day, the HRET decision became final and executory which was entered in the book of entries of judgment.
May 11, 2009 The HRET final decision unseating Fernandez was entered in the bodys book of entries of judgment. The
Secretary of the Tribunal furnished the House of Representatives a copy of the decision and was received by the Office of
the Secretary General on the same day.
May 21, 2009 The HRET, in denying petitioners urgent motion for issuance of a writ of execution, said such writ from
the tribunal is not a required document for enforcement of the Dec. 16, 2008 decision, and a notice of judgment to the
House of Representatives suffices for the House Speaker to order the Secretary General to execute the decision. In a
meeting held on May 21, the tribunal said it has already sent notice on May 11, 2009 to the Office of the Speaker of the
House of Representatives, who shall execute the judgment.
In the same Resolution No. 09-101, the HRET cited Rule 96 of the HRET Rules of Procedure, it is not the tribunal but the
Speaker of the House of Representatives, through the Secretary General, who shall execute the final and executory
decision unless a temporary restraining order is issued by the Supreme Court.
June 9, 2009 - Atty. Sixto Brilliantes, on behalf of petitioner Vicente, requested the House Speaker and Secretary General
in a letter to instantly implement and enforce the final and executory decision of the HRET by disallowing Fernandez from
further representing himself as member of the House of Representatives of the first legislative district of Laguna, be
removing and delisting his name from the Roll of Members of the House of Representatives. In the same letter, Brilliantes
informed the House that Fernandez filed a petition for certiorari with a prayer for the issuance of a TRO before the
Supreme Court. Fernandez did not furnish the House a copy of the petition.
Since no temporary restraining order, status quo or injunctive order has been issued by the Supreme Court, the decision
of the HRET remains final and executory. HRET decisions are not appealable to the Supreme Court, the tribunal being the
sole judge of all contests relating the election, returns, and qualifications of House members. Mere filing of a petition for
certiorari and prohibition does not stay a final and executory decision of the HRET.
The only recourse given by the judicial system is to question the HRET decision via a special civil action of certiorari to the
Supreme Court on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction. A petition for
certiorari is not an appeal and its mere filing does not prevent the HRET decision from becoming final and executory,
unless the SC issues a TRO
June 30, 2009 - Brilliantes in his letter to the House leadership, emphasized that for each day that Fernandez is allowed to
misrepresent the people of the first district of Laguna, injustice is being perpetrated, especially because a person who has
been declared ineligible by a tribunal continues to benefit from the position, monetary or otherwise. Brilliantes simply asks
Nograles to recognize the authority of the HRET bestowed by law and to perform his legal duty and obligation by
executing the judgment and having Fernandez removed from the rolls.
Atty. Brilliantes has sent a total of four letters to the House Speaker and Secretary General, reminding them of their duty
and obligation to enforce the final and executory decision of the HRET. The letters remain unheeded to date.
Posted by Congressman Dan Fernandezat 8:23 PM