Comelec lifts suspension on Marcelino Teodoro’s proclamation as Marikina rep

The Comelec en banc finds there is no proof Teodoro abandoned his domicile in the 1st district of Marikina

MANILA, Philippines – The Commission on Elections (Comelec) en banc lifted the suspension on Marcelino Teodoro’s proclamation as Marikina City 1st District representative in a decision on Wednesday, June 25.

The decision reverses the Comelec First Division’s December 2024 decision suspending the proclamation over Teodoro’s alleged material misrepresentation of his address in his certificate of candidacy (COC).

Teodoro, outgoing Marikina mayor, earned a comfortable win over outgoing Senate Minority Leader Aquilino “Koko” Pimentel III in the May 12 elections.

Pimentel was one of the petitioners who sought to cancel Teodoro’s COC.

The petitioners claimed that Teodoro was not a resident of Marikina’s 1st district for at least a year and a month, as he just transferred back a few weeks prior to the COC filing period in October 2024.

They said that he flip-flopped in his registration with two addresses — one in Barangay Tumana in the 2nd district, and another in Barangay San Roque in the 1st district — in an apparent attempt to be registered in an address where he had better chances of winning as a congressman.

The Comelec 1st Division mostly agreed with the respondents, saying Teodoro’s actions “continued to reflect physical and legal presence in the 2nd district after April 2024,” when his application to transfer registration to the 2nd district was approved.

But Teodoro filed for a motion for reconsideration (MR), proving that he lived in Barangay San Roque, and that he did not lie in his COC when he said he would be a registered voter of the 1st district at the time of the election.

Teodoro maintained that, despite declaring a 2nd district address in some documents such as his driver’s license, he maintained meaningful ties to his family home in Barangay San Roque. It was his place of birth, where he grew up, where he went to school, and where he served as congressman for three consecutive terms starting in 2007.

SPA No. 24-196 (DC), SPA No. 24-224 (DC) by Rappler on Scribd

The Comelec en banc found merit in Teodoro’s MR. In his COC filed on October 5, he checked the option “I will be a registered voter of…” listing his San Roque address. At the time, his transfer of registration to the 1st district was still pending, and was approved a few weeks later, on October 18. Since this was essentially true, the Comelec did not see it as material misrepresentation on the COC.

The Comelec en banc also doubted that Teodoro abandoned his domicile at Barangay San Roque. Domicile refers to a permanent address.

“The law presumes that a domicile, once established, continues, unless and until a new one is acquired by clear, positive, and convincing evidence,” the decision reads.

The Comelec also ruled that Teodoro is not a stranger or newcomer in the 1st district of Marikina, citing his previous three terms as congressman of the same district.

“Respondent 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 decision reads.

Comelec Chairman George Garcia signed the decision but noted he had no part, citing previous professional links with the parties. Commissioner Rey Bulay “joined” the chairman, and Commissioner Aimee Ferolino also said she had no part.

Commissioner Ernesto Maceda Jr. signed with a note: “As is settled, when the evidence does not decisively outweigh the strong presumption in favor of candidacy and the law’s purpose is not frustrated, we defer to the express will of the electorate.”

The Teodoros maintain their hold on Marikina City, as Teodoro’s wife Maan will be replacing him as mayor of the city. – Rappler.com