Former Sen. Alan Peter Cayetano and incumbent Taguig Mayor Lani Cayetano. (File photo from the Philippine Daily Inquirer)
MANILA, Philippines鈥擳he Commission on Elections (Comelec) has denied a petition seeking to disqualify former Foreign Affairs chief Alan Peter Cayetano from running as Representative of the 1st District of Taguig-Pateros in the May 13 midterm election.
In a resolution made public Monday, the Comelec 2nd Division ruled that Cayetano 鈥渄id not commit any false material representation when he declared in his COC that his residence or domicile is still 209 Paso Street, Barangay Bagumbayan, Taguig City, despite the transfer of their family home to 353-A Two Serendra, Fort Bonifacio, Taguig.鈥�
鈥淗is domicile remains to be that in Barangay Bagumbayan, which has been his domicile from 1991 up to the present,鈥� the poll body said.
In a petition filed November last year, Leonides Buac questioned the claim of Cayetano that he is a resident of Brgy. Bagumbayan in the city鈥檚 First District, while his wife Lani resides in Brgy. Fort Bonifacio in the Second District, saying that it is not in accordance with Article 69 of the Family Code.
Lani, the current Taguig City mayor, is running as Representative of Taguig City鈥檚 second district.
The Comelec noted that the former senator 鈥渃annot be considered to have lost his domicile at Bagumbayan by the mere assertion that his wife transferred her domicile to Two Serendra.鈥�
鈥淎 person may live and maintain residences in different places but it does not result [in] loss of domicile,鈥� the resolution stated, adding that Cayetano and his wife 鈥渆stablished their conjugal dwelling or marital domicile in a place other than respondent鈥檚 domicile is of no moment and has no effect whatsoever to respondent鈥檚 domicile absent any intention to abandon the same.鈥�
鈥淚n view of the foregoing, Respondent not having abandoned his domicile in Barangay Bagumbayan, correctly declared that his residence is such address and no material representation that is false can be imputed for such an act nor for his act of declaring himself eligible for the office sought to be elected to as his domicile remains to be Barangay Bagumbayan in the 1st District of Taguig-Pateros,鈥� the Comelec ruled.
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