Comelec lifts suspension of Marcy Teodoro's proclamation as Marikina rep

The Commission on Elections has lifted the suspension of the proclamation of outgoing Marikina Mayor Marcelino "Marcy" Teodoro as the winning congressional candidate of the city's 1st District following the reinstatement of his certificate of candidacy. 

In a 38-page resolution promulgated on June 25, the Comelec en banc granted the consolidated motions for reconsideration filed by Teodoro and reversed and set aside the poll body First Division's December 11, 2024 resolution cancelling his COC.

"The order for the suspension of the proclamation of respondent Marcelino "Marcy" R. Teodoro issued by the Commission (En Banc) on 12 May 2025 is hereby lifted. Finally, the certificate of candidacy of herein respondent Marcelino "Marcy" R. Teodoro for the Member of the House of Representatives, 1st District, Marikina City in the 12 May 2025 National and Local Elections is hereby reinstated," it said.

The en banc said the petitioners failed to prove that Teodoro committed material representation in his COC for the 2025 polls as regards his residency in Barangay San Roque in the 1st District.

The petitioners said Teodoro falsely claimed he is a resident of Barangay San Roque in the 1st District of Marikina as he transferred back from Barangay Tumana in the 2nd District barely one month and 15 days after he filed for transfer on February 28, 2024. 

"The petitioners' case lacks both factual substance and legal sufficiency. They have failed to carry their burden of proving that respondent committed a deliberate and material representation concerning a qualification for public office," the en banc said in the resolution.

It added that Teodoro did not declare in his COC that he was already a registered voter and instead checked the option "I will be a registered voter of..." and listed his address in Barangay San Roque. 

"This phrasing reflects a future-oriented, contingent status that is conditional upon the expected approval of his pending application," it said.

The en banc said Teodoro's domicile of origin is in the 1st District of Marikina and even if he previously declared residence in Barangay Tumana, 2nd District, it does not conclusively prove a change in domicile.

"The mischief which the constitutional provision seeks to suppress is clearly absent in respondent's case precisely because his domicile of origin is in fact the 1st District of Marikina City," it said.

It further said Teodoro returned to his former residence and "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."

"Being a previous representative of the 1st District for three consecutive terms, respondents is clearly a person who is aware and has knowledge of the needs, difficulties, aspirations, potentials for growth and development, and all matters vital to the common welfare of the constituents of the 1st District, Marikina City," the en banc said. 

In a statement, Teodoro described the Comelec decision as "a victory for the people of Marikina."

He said his connection, familial, social and political, has always been rooted in Barangay San Roque.

"With this latest development, there is no more hindrance to my proclamation as the duly elected representative of our district. 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 said.

5-day period

Meanwhile, Comelec Chairman George Erwin Garcia clarified the en banc ruling should be final and executory before Teodoro’s proclamation. 

“Pwede na maiproklama si Marcy Teodoro subalit ang decision…ay nasa loob mismo ng Comelec. Therefore, makakasama 'yan sa limang araw na hihintayin upang ang decision ng Comelec en banc ay maging final and executory,” said Garcia. 

(The decision is covered by the five-day period before it becomes final and executory.)

“Sa kasalukuyan, hindi pa po 'yan mapapatupad. Hihintayin pa ang limang araw na maging executory ang decision ng Comelec,” he said. 

(He cannot be proclaimed before the decision becomes final and executory.)

Garcia also said the poll body will not compel the city board of canvassers to convene and proclaim winners as they are considered independent bodies. —AOL, GMA Integrated News

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