Marcy Teodoro laments delay in proclamation as Marikina 1st District rep

Former Marikina mayor Marcelino "Marcy" Teodoro lamented Tuesday the refusal of the local office of the Commission on Elections to proclaim him as the winning congressional candidate of the city's 1st district despite the issuance of a certificate of finality and entry of judgment on his case. 

Teodoro said their camp went to the Marikina Comelec office after the Comelec en banc issued the certificate of finality and entry of judgment, however, the City Board of Canvassers (CBOC) allegedly refused to convene for his proclamation.

“Napaka-arbitrary. Wala kaming makitang logical na sinasabi ang Marikina Comelec kung bakit ayaw nila mag-convene. Ang sinasabi nila kailangan pa raw mag-order ang Comelec en banc ng resolution na inuutusan sila na mag-convene,” he said. 

(Their action was arbitrary. We cannot see a logical reason why the Marikina Comelec refuse to convene. They said they need a Comelec en banc resolution ordering them to convene.)

The former mayor said they sought clarification from the Comelec main office particularly on the part of the decision stating "final and executory.”

“Ang sabi nila, basta natanggap na nila ang certificate of finality ng en banc resolution pwede na mag-convene at pwede na silang magproclaim,” he said.

(They said that the CBOC can convene and proclaim after the release of the certificate of finality.)

“Unnecessary ‘yung delay and it is not only affecting ‘yung individual standing ko but it is the district that is being affected,” he added.

(The delay was unnecessary as it is affecting not only my individual standing but also the district I am representing.) 

Teodoro said they will file an administrative complaint as well as grave abuse of discretion case with the Ombudsman against the local election officer.

He also called on Comelec Chairman George Erwin Garcia to issue an express order directing the CBOC to convene and proclaim him as Marikina’s 1st District representative. 

“Bigyan ninyo na marahil ng express order na magconvene…Nakikiusap ako kay Chairman Garcia, alam naman niya ang gagawin. Hindi naman na kailangan sabihin kay Chairman ang gagawin pero i-aavail ko pa rin ang remedy,” he added. 

(They should give the express order to convene...I am appealing to Chairman Garcia, he knows what to do. We don't need to tell him what to do but I will avail of the remedy.)

Due process

Garcia, for his part, explained there is no need to issue another resolution for the CBOC to convene as the certificate of finality and entry of judgment greenlights the proclamation of Teodoro.

However, he said that based on Comelec rules, a local poll body office should first issue a notice of meeting of the Board of Canvassers to inform all parties that they will convene and discuss details for the proclamation. 

A subsequent notice to proclaim will also be issued following the meeting. 

“Maaaring ang kadahilanan kung bakit hindi pa agad tumatalima ang CBOC ay sapagkat kakailanganin na mayroong notice. Ibig sabihin, hindi porke ngayon nag-issue ang Comelec main office ng entry of judgment and certificate of finality ay ngayong araw na ito rin ipapatupad ang pagpapasumpa,” Garcia told reporters.

(Maybe the CBOC is waiting for a notice to convene. It does not mean that once the entry of judgment and certificate of finality has been issued by the Comelec main office, the proclamation should follow immediately.)

“Maaaring ine-exercise muna ng CBOC ang tinatawag na due process sa pamamagitan ng pagi-issue ng notice dun sa mga partido, whether sa nanalo o  natalo, na sila ay magc-convene upang isagawa ang pinag-uutos sa kanila ng en banc,” he added. 

(The CBOC may be exercising due process by issuing a notice to all parties, whether winners or losers, that it will convene to follow the order of the en banc.)

The Marikina Comelec issued a notice of meeting for the Board of Canvassers to convene on July 1 at 1:30 p.m. to discuss the certificate of finality and entry of judgment issued by the en banc. —AOL, GMA Integrated News

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