The Commission on Election (Comelec) denied the disqualification case against Alan Peter Cayetano’s congressional bid in the first district of Taguig.
Comelec Second division said Leonedes Buac, the petitioner seeking the cancellation of the Certificate of Candidacy (COC) of Cayetano, failed to prove the former lawmaker committed material misrepresentation in his declared residence.
Buac claimed Cayetano committed misrepresentation when he used the address in their ancestral home in 209 Paso St., Brgy. Bagumbayan, Taguig City (First District), when in fact he already lives with his wife at 353-A Two Serendra, Barangay Fort Bonifacio, Taguig City (Second District).
Comelec said otherwise insisting Cayetano complied with the requirements of the COC.
Citing jurisprudence, the poll body distinguished a residence and domicile for the purposes of a COC requirement.
It noted “residence involves the intent to leave when purpose for which the resident has taken up his abode ends,” while a domicile is if a person intent to remain” for a long period of time.
For the COC, Comelec explained candidates should declare their domicile.
In the case of Cayetano, Comelec said Serendra only serves as his residence, while his home in Bagumbayan remains his domicile.
It also said Cayetano’s domicile was not affected with his marriage to his wife, Lani Cayetano.
“A person may live and maintain residences in difference places but it does not result to loss of domicile,” Comelec second division said.
A person only changes his or her domicile by accomplishing all of said requirements: actual change of domicile; a bona fide intention of abandoning the former place of residence and establish a new one; definite acts which corresponds with the purposes.
“Respondent not having abandoned his his domicile in Barangay Bagumbayan, correctly declared that his residence is such address and no material representation that is false can be imputed…” Comelec second division said.
The decision may still be appealed before the Comelec en banc.
Buac filed the case against Cayetano on Nov. 2018.