This case has been cited 1 times or more.
|
2005-08-22 |
CALLEJO, SR., J. |
||||
| The residence of a person is his personal, actual or physical habitation or his actual residence or place of abode provided he resides therein with continuity and consistency; no particular length of time of residence is required. However, the residence must be more than temporary.[15] The term residence involves the idea of something beyond a transient stay in the place; and to be a resident, one must abide in a place where he had a house therein.[16] To create a residence in a particular place, two fundamental elements are essential: The actual bodily presence in the place, combined with a freely exercised intention of remaining there permanently or for an indefinite time.[17] While it is possible that as the Acting General Manager of the Baguio Country Club, the petitioner may have been actually residing in Baguio City, the Informations did not state that he was actually residing therein when the alleged crimes were committed. It is entirely possible that the private complainant may have been actually residing in another place. One who transacts business in a place and spends considerable time thereat does not render such person a resident therein.[18] Where one may have or own a business does not of itself constitute residence within the meaning of the statute. Pursuit of business in a place is not conclusive of residence there for purposes of venue.[19] | |||||