MANILA – Even mistresses may be covered by the proposed law banning political dynasties in the Philippines up to the second degree of consanguinity and affinity.
At Wednesday’s Senate discussion, Senate President Vicente “Tito” Sotto III noted a provision in Senate Bill No. 1901, which defines partnerships without the benefit of marriage as “common-law relationships between two persons who cohabit, declare, or present themselves to the public as a couple without marriage.”
READ: 12 senators sign committee report banning political dynasties
It also includes civil unions, unions without marriage under Articles 147 and 148 of the Family Code, and any other contractual arrangements similar to marriages or civil unions.
“For purposes of this Act, parties in a partnership without the benefit of marriage shall be treated as spouses as defined above,” the bill further reads.
“This answers the question about how a mistress would be treated, right?” Sotto asked Sen. Risa Hontiveros, who is defending the anti-political dynasty bill as head of the Senate committee on electoral reforms and people’s participation.
“That is correct, Mr. President and Honorable Senate President, that the relationship of a man with someone referred to as a mistress may be covered under partnerships without the benefit of marriage,” Hontiveros said in Filipino.
But not all such relationships could fall under this category, the senator clarified, noting that the full definition of “partnerships without the benefit of marriage” still requires that the parties are cohabiting and openly declaring or presenting themselves to the public as a couple, even without being married.
“So it is possible that a man has a relationship with his mistress where they cohabit and present themselves as a couple in public. However, there are also relationships between a man and his mistress that are not like that. They may not live together in the same household, and they may not present themselves publicly as a couple,” Hontiveros explained in Filipino.=
“But what if the mistress or partner claims that they have already broken up to evade the political dynasty prohibition?” Sotto asked.
That could still be a ground for the cancellation of one’s certificate of candidacy or nomination, according to Hontiveros, citing another provision on willful concealment or falsehood in the sworn statement required in the proposed law.
“So even if the girlfriend or boyfriend lies that they have already split, due to willful concealment or falsehood, it can still serve as a ground for the cancellation of a Certificate of Candidacy if the Commission on Elections finds that there is a potential political dynasty relationship,” Hontiveros explained in Filipino.
Hontiveros, however, pointed out that relatives of a mistress, including her or his children from another partner, would not be covered by the bill, as they do not fall within the second degree of consanguinity and affinity.
“I think that is one loophole we need to examine, because it allows the transfer of influence or power. We also cannot prevent it under the law we intend to enact,” Sotto replied.
“That’s one we should study closely and look at that particular issue because even if we make it up to the fourth degree of consanguinity, as some would want, they would still not be included,” he added.
“The child of the girlfriend, her sibling, and her father are not included in any degree of consanguinity or affinity. None of them are. But their influence on the mayor is even stronger. In fact, it might even be that they are the ones living in the house, not the spouse, right?” the Senate leader further said in Filipino.
Hontiveros agreed that this issue needs further review. /mcm
ANN/Philippine Daily Inquirer
