MANILA — Commission on Elections Chairman George Garcia said the decision of the poll body’s first division to cancel Marikina Mayor Marcelino "Marcy" Teodoro's certificate of candidacy due to material misrepresentation is not yet final and executory as he may still file a motion for reconsideration.

Teodoro, whose compliance with residency requirements has been put in question, has five days to file a motion for reconsideration.

If the Comelec en banc would not be able to release its decision before the printing of ballots on January 6, Teodoro’s name would still appear in the ballot but votes for him would be considered stray votes if the cancellation of his COC is upheld.

Garcia said he will inhibit from a possible en banc deliberation on the case if an MR is filed, saying Teodoro and petitioner Sen. Aquilino "Koko" Pimentel III were his former clients.

Marikina Mayor Teodoro to question Comelec’s cancellation of COC 

“Gusto ko lang i-assure sa mismong respondent at sa mga supporters niya na ang desisyon po namin ay hindi pa final maliban na lamang kung hindi siya magpa-file ng MR,” Garcia told reporters.

(I just want to assure the respondent and his supporters that the decision it not final unless he declines to file an MR)

Garcia said any candidate subject of COC cancellation due to misrepresentation cannot be substituted. 

The Comelec First Division cancelled Teodoro’s certificate of candidacy, saying he “committed material misrepresentation” for “knowing fully well that he did not meet the minimum residency requirement.” 

Garcia said that Teodoro had initially transferred his registration to the Second District of Marikina from the First District.

“Kung hindi tayo nagkakamali noong April lumipat siya sa Second District at pagkatapos kung hindi tayo nagkakamali noong August lumipat muli siya sa First District. So ang assessment, ang sabi ng First Division, wala nang one year before the next election ng May,” Garcia said.

(If I remember correctly, he transferred to the Second District in April, then transferred back to the First District in August. So, in the assessment of the First Division, that is less than one year from the May elections)

RELATED: Koko Pimentel to run for House seat vs former ally Marikina Mayor Teodoro

FINAL LIST OF CANDIDATES FOR THE SENATE READY

Meanwhile, Garcia said the Comelec will soon release the ballot faces nationwide subject to the outcome of cases pending before the poll body.  

The number of senatorial candidates, he said, is already final at 66 in the absence of any restraining order relative to the run of others declared as nuisance candidates.

The Comelec, he added, has also already started issuing several exemptions as recommended by its law department to allow the Department of Social Welfare and Development and Department of Labor and Employment to carry out projects during the election period, including the Assistance to Individuals in Crisis Situations and Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers programs.

The poll body has also started approving exemptions for transfers, appointments and hiring of personnel in government during the election period. 

The Comelec has signed a memorandum of agreement with the Bureau of Jail Management and Penology, the Bureau of Corrections and Public Attorney’s Office to ensure the voting of persons deprived of liberty on election day.

Comelec Commissioner Aimee Ferolino said there are more than 68,000 PDLs who are registered voters nationwide.