Marikina Mayor Marcy Teodoro. Mark Demayo, ABS-CBN News/File

MANILA -- The Comelec First Division on Wednesday ruled to cancel the certificate of candidacy of Marikina Mayor Marcelino “Marcy” Teodoro to run for Marikina first district representative in the 2025 elections.

In its resolution promulgated on December 11, the Comelec said Teodoro “deliberately committed material misrepresentation in his COC” that he is eligible for the office he seeks to be elected to.

It granted the petition of Sen. Aquilino "Koko" Pimentel III who is running for the same position, among other petitioners.

The Division said that while Teodoro “is not a stranger or newcomer in the 1st District of Marikina City, having been born therein and even became the first representative of the 1st Congressional District of Marikina in 2007… the fact remains that he has abandoned his domicile of origin in the 1st District and acquired a new domicile of choice in the 2nd District.”

“There is also no prohibition for the respondent to return to his domicile of origin and restore his legal residence therein. But for purposes of election, respondent must provide sufficient proof that he has re-established his residence in his domicile of origin, for a period of not less than one year immediately preceding the day of the 2025 NLE. By declaring in his COC the contrary, despite knowing fully well that he did not meet the minimum residency requirement, respondent committed material misrepresentation which this Commission (First Division) cannot countenance,” Comelec said.

"We find that the Petitioners were able to discharge their burden of proving that Respondent deliberately committed material misrepresentation in his COC. Hence, We are constrained to grant these Petitions and order the cancellation of his CoC for the position of Member, House of Representatives for the 1st District, Marikina City," it added.

To further explain its ruling, Comelec cited the use of Teodoro’s previous address in Barangay Tumana, 2nd District in his joint counter affidavit and joint position paper, the change of address in his driver’s license, and the testimony of the petitioners and their witnesses that said they have not seen Teodoro physically and actually residing in his residence in the first district, supported the claim of abandonment of his domicile of origin in the said district.

“While the law does not require a candidate to be at home 24 hours a day, 7 days a week, to fulfill the residency requirement, it would be unusual for someone to claim residence in a certain place to not be seen most of the time, or to be seen only in events or special occasions,” Comelec said.

“On the other hand, Respondent's evidence failed to establish that he indeed returned to his domicile of origin in Brgy. San Roque, 1st District on April 2024,” Comelec added, saying physical presence is an essential requirement for the acquisition of a domicile of choice.

It rejected the approval of the transfer of voter registration records on October 18 as conclusive proof of his actual and physical residence in Barangay San Roque, as well as photographs of Teodoro in the district, and statement of accounts from utilities services.

“It is not unusual for the statement of accounts to be under the name of Respondent as it was in fact his domicile of origin and where he lives for most of his life before transferring to Brgy. Tumana. Despite abandoning the same, he still retained the accounts under his name most likely for convenience,” the Division said.

“Without further proof of his return and actual and physical presence therein, these documents cannot be given full evidentiary weight.”

The Division noted there were no submission of photographs of Teodoro and his family inside the supposed house in Barangay San Roque.

Comelec, however, said Teodoro did not commit material misrepresentation when he declared that he is a registered voter of Brgy. San Roque, 1st District when his voter registration has yet to be approved by the ERB of District 1 at the time of the filing of his COC on 5 October 2024.

“During the filing of his COC, his Application for Transfer of Voter Registration Records was still pending before the ERB of District 1 and was only resolved on 18 October 2024,” the Division said.