Comelec junks disqualification case vs. Taguig congressional candidate Alan Cayetano

The Commission on Elections (Comelec) has junked the disqualification case filed against Taguig City first district candidate and former Foreign Affairs Secretary Alan Cayetano, saying that Alan did not commit material representation when he registered a different home address from his wife Lani in his certificate of candidacy.

The Comelec Second Division’s 26-page ruling issued on May 6—a decision stemming from petition filed by Leonedes Buac Jr., who sought Alan’s disqualification by citing that the he failed to meet the residency requirement since the Family Code requires a married couple to live in one legal residence.

The Comelec, however, argued that previous Supreme Court rulings provide that a spouse may abandon a family domicile in favor of a domicile of choice, or remain in the place that the spouses have considered their family domicile.

“In this case, Respondent (Alan) has unequivocally declared his intention to remain permanently at Bagumbayan, notwithstanding his claim that he and his wife [Lani] have transferred their family home, whether legally warranted or not, at Two Serendra. It is therefore wrong for [the] petitioner to conclude that Respondent' s domicile is now at Two Serendra merely based on Respondent's claim that they have transferred their family home thereat,” the Comelec decision read.

“Respondent cannot be considered to have lost his domicile at Bagumbayan by the mere assertion that his wife transferred her domicile to Two Serendra. Hence, Respondent did not commit false material representation when he declared in his CoC that he is a resident of 209 Paso St., Bagumbayan, Taguig City,” the Comelec added.

Alan’s wife Lani, the current Taguig City mayor, is running for a congressional seat representing Taguig City’s second district.

Alan’s brother, director Lino, on the other hand, is running to replace his sister-in-law Lani as Taguig City mayor.

Under Article 69 of the Family Code, the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. Likewise, the Family Code states that the husband and wife should fix the family domicile and in case of disagreement, the court shall decide.

The Family Code also provides that “the court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption.”

The exemption, however, will not apply if the same is not compatible with the solidarity of the family.

“From the foregoing authorities, it is logical to conclude that the constitution of a family domicile would only be possible if both the husband and wife live together in a place they consider as both their domicile by reason of marriage. It is therefore not possible for Respondent and his wife to establish a family home at Two Serendra if Bagumbayan remains to be Respondent's domicile, while Lani Cayetano is domiciled at Two Serendra,” the Comelec added.

The Family Code defines family home as “constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.” — RSJ, GMA News