Comelec reinstates Marcy Teodoro's COC, lifts proclamation suspension
By Dhel Nazario
The Commission on Elections (Comelec) en banc reversed the First Division's ruling cancelling the Marcelino “Marcy” Teodoro's Certificate of Candidacy (COC), also lifting the suspension order of his proclamation.
Marcelino “Marcy” Teodoro (Marikina PIO)
Teodoro garnered the most votes for the city's 1st District congressional seat against Senate Minority Leader Aquilino Koko Pimentel III but was not proclaimed due to the pending case.
To recall, the First Division granted the petition to cancel and/or deny due course the Certificate of Candidacy (COC) of Teodoro for the 1st congressional district of the city. Teodoro filed a Motion for Reconsideration seeking to reverse the resolution. Pimentel and a certain Leighrich James sought to cancel Teodoro’s certificate of candidacy (COC) over alleged material misrepresentation
In the ruling of the Commission en banc, it said that the petitioners failed to demonstrate any fraudulent intent or dishonest motive on Respondent's part in filing his COC while his application was pending.
The record is bereft of any evidence that Respondent made his voter registration claim to hide a disqualification or to deceive. On the contrary, the transparency of the statement 'I will be a registered voter' serves to demonstrate a clear recognition of the procedural status, not a denial of it, it said.
It added that in the present case, petitioners allege that the respondent falsely claimed to have been a resident of the 1st District of Marikina City for at least one year prior to election day. They assert that he previously registered in the 2nd District, and therefore could not have lawfully reacquired domicile in the 1st District.
However, this conclusion is based largely on declarations in forms and pleading submitted before the Office of the Ombudsman, not on proof of actual continued residence in the 2nd District or lack of presence in the 1st District, it explained.
The Commission en banc said that the respondent submitted substantial, credible, and corroborated evidence to demonstrate that he had validly reacquired his domicile of origin in Barangay San Roque, 1st District of Marikina City, well within the one-year period required by the Constitution prior to the May 2025 elections. It added that his submissions are not only numerous and independently verifiable, but they also directly address and satisfy the tripartite legal requirements established by jusrisprudence for establishing a change or reacquisition of domicile - (1) actual bodily presence, (2) animus manendi, and (3) animus non revertendi.
Despite bearing the burden of proof under Section 78 of the OEC, Petitioners failed to overcome Respondent's substantial evidence, or to establish by any standard that a material representation had been committed, the Commission en banc said.
It also stated that the petitioners' case lack both factual susbstance and legal sufficiency, adding that they have failed to carry their burden of proving that the respondent committed a deliberate and material misrepresentation concerning a qualification for public office.
According to the Commission en banc, the respondent's declaration fo residence in his COC was therefore made in good faith, substantiated by verifiable records and affidavits, and fully compliant with the constitutional and statutory requirements for candidacy as Member, House of Representatives in the 1st District of Marikina City.