Comelec OKs Teodoro's proclamation as Marikina lawmaker

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

MANILA (UPDATED) — The Commission on Elections en banc has lifted the suspension of the proclamation of Marcelino “Marcy” Teodoro as Marikina’s First District representative, a document showed Thursday.

The Comelec en banc, voting 4-0-3 (no part), granted Teodoro’s motion for reconsideration regarding alleged material misrepresentation over residency issues — setting aside their First Division’s resolution in December last year.

The poll body, therefore, reinstated his certificate of candidacy (COC) for his position as Marikina’s Fist District representative.

In the 38-page resolution, the en banc said it doubted the allegations of the petitioners that Teodoro abandoned his “domicile of origin”, saying having used an address in the Second District “does not establish legal change of domicile, especially when the totality of evidence points to continued residence, connection, and activity in the First District.”

The Comelec en banc said that Teodoro’s familial, social, and political identity “is intimately bound to Barangay San Roque”, which it said “has always been, the anchor of his civic life and public service.” 

It said that Teodoro had maintained his connection to the area through owning and using a residence there and having a community presence that neighbors and local officials testified to.

“All the foregoing considered, We find that petitioners failed to discharge their burden of proving that respondent committed material misrepresentation under Section 74 in relation to Section 78 of the [Omnibus Election Code]” the resolution read.

Comelec Chairman George Garcia said it was up to the city canvassers of Marikina when to proclaim Teodoro.

'DEMOCRACY HAS PREVAILED'

In a statement on Thursday, Teodoro called the Comelec decision a victory for Marikeños.

"Democracy has prevailed," he said as he acknowledged receipt of the notice of the decision.

"I welcome this decision. It affirms what we’ve believed from the beginning, that the voice of the people matters and should never be silenced," he also said as he urged the city to "move forward together."

'OPENS GATES OF ELECTORAL HELL'

Teodoro's rival for the post, outgoing Sen. Aquilino “Koko” Pimentel III said the Comelec decision was "not just a legal setback, for it’s clearly a betrayal of the Constitution and the democratic process."

“It sets a dangerous precedent and opens the gates of electoral hell,” Pimentel said in a statement.

He said that residency requirements should not be easily “brushed aside with a flip of a resolution" to protect the electoral system from manipulation.

“Article VI, Section 6 of the Constitution is clear that a congressional candidate must be a resident of the district for at least one year before the election,” Pimentel, a lawyer, said.

“Disregarding this opens the floodgates for politicians, driven by nothing but self-interest and personal preservation, where they can claim residency wherever they have political advantage,” he added.

Pimentel also took aim at the Comelec’s “turtle-paced” handling of the case, criticizing the commission for taking 196 days to issue a final decision.

“The Comelec’s inexcusable delay undermined the electoral process,” Pimentel said. “Nearly 200 days passed before the Commission could decide on a simple question of residency and voter eligibility.”

He added that the commission's failure to act promptly deprived the electorate of a clear and lawful choice, and allowed a candidate to run under the cloud of a pending disqualification case.

“We will exhaust all legal remedies,” Pimentel said.