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The Comelec en banc finds there is no such thing as a proof Teodoro deserted his domicile within the 1st district of Marikina
MANILA, Philippines – The Fee on Elections (Comelec) en banc lifted the suspension on Marcelino Teodoro’s proclamation as Marikina Metropolis 1st District consultant in a call on Wednesday, June 25.
The choice reverses the Comelec First Division’s December 2024 determination suspending the proclamation over Teodoro’s alleged materials misrepresentation of his tackle in his certificates of candidacy (COC).
Teodoro, outgoing Marikina mayor, earned a cushty win over outgoing Senate Minority Chief Aquilino “Koko” Pimentel III within the Might 12 elections.
Pimentel was one of many petitioners who sought to cancel Teodoro’s COC.
The petitioners claimed that Teodoro was not a resident of Marikina’s 1st district for no less than a yr and a month, as he simply transferred again just a few weeks previous to the COC submitting interval in October 2024.
They mentioned that he flip-flopped in his registration with two addresses — one in Barangay Tumana within the 2nd district, and one other in Barangay San Roque within the 1st district — in an obvious try and be registered in an tackle the place he had higher possibilities of successful as a congressman.
The Comelec 1st Division largely agreed with the respondents, saying Teodoro’s actions “continued to replicate bodily and authorized presence within the 2nd district after April 2024,” when his software to switch registration to the 2nd district was authorized.
However Teodoro filed for a movement for reconsideration (MR), proving that he lived in Barangay San Roque, and that he didn’t lie in his COC when he mentioned he could be a registered voter of the first district on the time of the election.
Teodoro maintained that, regardless of declaring a 2nd district tackle in some paperwork resembling his driver’s license, he maintained significant ties to his household dwelling in Barangay San Roque. It was his hometown, the place he grew up, the place he went to high school, and the place he served as congressman for 3 consecutive phrases beginning in 2007.
SPA No. 24-196 (DC), SPA No. 24-224 (DC) by Rappler on Scribd
The Comelec en banc discovered advantage in Teodoro’s MR. In his COC filed on October 5, he checked the choice “I might be a registered voter of…” itemizing his San Roque tackle. On the time, his switch of registration to the first district was nonetheless pending, and was authorized just a few weeks later, on October 18. Since this was primarily true, the Comelec didn’t see it as materials misrepresentation on the COC.
The Comelec en banc additionally doubted that Teodoro deserted his domicile at Barangay San Roque. Domicile refers to a everlasting tackle.
“The legislation presumes {that a} domicile, as soon as established, continues, except and till a brand new one is acquired by clear, optimistic, and convincing proof,” the choice reads.
The Comelec additionally dominated that Teodoro will not be a stranger or newcomer within the 1st district of Marikina, citing his earlier three phrases as congressman of the identical district.
“Respondent is clearly an individual who’s conscious and has data of the wants, difficulties, aspirations, potentials for progress and growth, and all issues important to the widespread welfare of the constituents of the first District, Marikina Metropolis,” the choice reads.
Comelec Chairman George Garcia signed the choice however famous he had no half, citing earlier skilled hyperlinks with the events. Commissioner Rey Bulay “joined” the chairman, and Commissioner Aimee Ferolino additionally mentioned she had no half.
Commissioner Ernesto Maceda Jr. signed with a word: “As is settled, when the proof doesn’t decisively outweigh the robust presumption in favor of candidacy and the legislation’s objective will not be pissed off, we defer to the specific will of the voters.”
The Teodoros keep their maintain on Marikina Metropolis, as Teodoro’s spouse Maan might be changing him as mayor of town. – Rappler.com