Voting 6 to 2, the House of Representatives Electoral Tribunal (HRET) on Wednesday upheld its earlier decision unseating Laguna Rep. Danilo Fernandez.
The HRET sustained its ruling that Fernandez should be disqualified since he was not a resident of the first district of Laguna a year before the May 2007 elections.
The Constitution states that candidates for the House of Representatives must be a resident of a district not less than a year preceding the day of the election.
The decision may still be appealed before the Supreme Court, but Fernandez has to immediately seek a temporary restraining order (TRO) of the HRET decision.
Fernandez failed to get the support of his fellow congressmen in the HRET.
Those who voted against Fernandez were Capiz Rep. Fred Castro, Aklan Rep. Florencio Miraflores, Bohol Rep. Roberto Cajes, and Ifugao Rep. Solomon Chungalao. They were joined by Supreme Court Associate Justices Consuelo Ynares-Santiago and Conchita Carpio Morales.
Those who voted in his favor were Laguna Second District Rep. Justin Chipeco and Supreme Court Associate Justice Alicia Austria-Martinez.