Comelec: Teodoro’s proclamation ‘final’

Marikina Rep. Marcelino “Marcy” Teodoro and former Sen. Aquilino “Koko” Pimentel III

MANILA, Philippines — The Commission on Elections (Comelec) issued on Tuesday a certificate of finality and entry of judgment, paving the way for the proclamation of former Marikina Mayor Marcelino “Marcy” Teodoro as the duly elected House representative of the city’s first district.

In a two-page order dated July 1, the poll body declared its en banc resolution on June 25 “immediately executory.” The resolution lifted a Comelec order suspending the proclamation of Teodoro and also reversed the cancellation of his certificate of candidacy (COC) in the May 12 elections.

According to the poll body, there was nothing blocking the June 25 resolution from being final and executory, as there was no restraining order issued by the Supreme Court within five days after both parties were informed of its decision.

READ: Pimentel to raise Teodoro case at SC: It took them 6 months to ‘cook’

Teodoro won against outgoing Sen. Aquilino “Koko” Pimentel III in the congressional race for Marikina’s first district after he garnered 75,062 votes against the latter’s 29,091. But his proclamation was suspended due to petitions before the Comelec seeking to cancel his COC.

Pimentel and a certain Leighrich Estanislao had claimed that the outgoing mayor was not a resident of Barangay San Roque in the first district of Marikina, as he had just transferred his residency from Barangay Tumana in the second district shortly before the start of the period for the filing of COCs.

No fraudulent intent

However, the Comelec en banc said in its resolution that the petitioners failed to demonstrate “any fraudulent intent or dishonest motive” on Teodoro’s part when he filed his COC while his application for transfer of voter registration was pending.

It noted that Teodoro had checked the option stating, “I will be a registered voter of …,” and listed his address in Barangay San Roque.

The Comelec explained that the “phrasing reflects a future-oriented, contingent status that is conditional upon the expected approval of his pending application.”

The Election Registration Board approved Teodoro’s application to transfer his voter’s registration on Oct. 18, 2024, or 13 days after he filed his COC.

The poll body also said that Teodoro’s declaration of his residence as Barangay Tumana in the second district does not prove a change in domicile or permanent address, adding that he “is not a stranger or newcomer” to the first district, as it is his domicile of origin.

Pimentel seeks TRO

Pimentel, on the other hand, asked the Supreme Court on Monday to stop Teodoro’s proclamation, citing the latter’s “deliberate and material representation” in his COC.

“Such a grossly illegal act—proclaiming a person, who, in truth, is a noncandidate or not a qualified candidate—will not only unduly deprive the petitioners of a just and lawful resolution of the case but will also betray the electorate and gravely undermine the democratic processes,” Pimentel said in his petition for a temporary restraining order (TRO).

He argued that Teodoro committed misrepresentation of a material fact when he “deliberately and falsely” represented that he was a resident of the city’s first district for one year and one month, despite his admission under oath that he had been residing in the second district since 2018.

On Dec. 11, 2024, the Comelec’s First Division promulgated a resolution that found Teodoro guilty of committing deliberate and material misrepresentation and ordered the cancellation of his COC.

However, just five days before the start of the new Congress, the Comelec en banc came out with its June 25 decision granting Teodoro’s consolidated motion for reconsideration, which effectively reversed the First Division’s ruling.

Pimentel and his copetitioners argued that the poll body acted with grave abuse of discretion when it issued the June 25 resolution despite its prior findings that Teodoro had misrepresented himself regarding his one-year residency requirement under Article VI, Section 6 of the 1987 Constitution.

They pointed out that the Comelec “reached contradicting conclusions” when it declared that Teodoro never abandoned his domicile of origin in the first district while also concluding that he successively established his domicile of choice in the second district and later, successfully returned to the first district. /cb