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VOLUME XXVII No. 16
Tagbilaran City, Bohol, Philippines
October 28, 2012 issue
 

Husband runs for mayor in Candijay, wife for vice mayor in Guindulman?

 

Even in politics, the conjugal partnership of a power couple is expanding to two neighboring towns. While the husband, a civil engineer, is trying his luck in the Candijay mayoralty, the wife, a physical therapist, is throwing her hat in the Guindulman vice mayoralty race. Thus, six months into next year’s election, the municipal mayoralty candidate, Engr. Christopher Bernados Tutor, is facing a disqualification case due to material misrepresentation in his certificate of candidacy. Sought for his reaction, Tutor, who is in Manila to give moral support to his wife who is taking the bar exams, said all the allegations racked up against him were baseless. He said he is a registered voter of Candijay.

The petition was to deny due course or cancel his COC filed at the Commission on Election for not an actual bonafide resident of San Antonio Heights, Poblacion, Candijay which he indicated as his residence. According to the petition, Tutor is a resident of Sawang, Guindulman, Bohol, has a house there, lived with his wife and children and conducted business using the address for the 15 years. He is running under the United Nationalist Alliance and was officially nominated by UNA provincial chairperson Conchita Toribio Delos Reyes who is also running as governor in next year’s mid-term elections against re-electionist Gov. Edgar Chatto. Petitioner for the disqualification of Tutor is Candijay incumbent mayor Sergio Amora Jr., who is serving his third and last term that ends on June 2013.

Respondent Tutor is a former resident of Candijay but he abandoned his residency and transferred to Guindulman with his wife and children since 1997. His last voting record in Candijay was yet on June 21, 1997 but he re-applied and revalidated the same only on August 9, 2012. The action of Tutor to revert his residence to Candijay on August 9, 2012 or nine months before the election on May 13, 2013 by registering at Candijay, Bohol, to qualify him to run for the position of mayor is clear proof that he considers himself a resident of Sawang, Guindulman, Bohol, the petition alleged. While Tutor is in hot water in his mayoralty bid in Candijay , his wife is throwing all cautions to the wind by running for vice mayor of Guindulman. This gave Tutor’s opponents in Candijay the necessary ammunition to question his residency qualification on the basis of his wife’s foray in politics in nearby Guindulman. The petition showed proof that respondent Tutor is a resident of Sawang, Guindulman, Bohol arising from the fact that his wife Kristine Alexie Besas-Tutor also run and filed her COC for vice mayor of Guindulman town this coming May 2013 elections.

The COC of Tutor’s wife indicated residency at sitio Punod, Sawang, Guindulman, Bohol. Her Certificate of Official Nomination and Acceptance (CONA) was issued by the Liberal Party. The petition pointed out that respondent and his wife have declared, through their respective COCs, two separate residences; one in Candijay and the other in Guindulman. One cannot maintain two residences just for the purpose of running an elective position. There is also no evidence to show that Tutor and his wife maintained separate residence. The fact that respondent occasionally visited Candijay did not signify an intention to continue his residence there, the petition said. The petitioner also cited a clear provision of the law, particularly in Article 68 and 69 of the Family Code that say: Art. 68. “The husband and wife are obliged to live together, observe mutual love, respect and fidelity and render mutual help and support.” Art. 69. “The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.” Respondent’s declaration of his residency is a material misrepresentation. It is very substantial and affects the qualification for elective position. This misrepresentation is deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible. It was made with the intention to deceive the electorate as to the qualifications for public office, the petition further stressed.

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