13/12/2024
COMELEC DECISION: A TEST OF DEMOCRACY AND RESPECT FOR THE LAW
Amidst heated political discussions, the COMELEC division's decision in the case of Marikina Mayor Marcy Teodoro serves as a strong affirmation of their commitment to upholding the law and ensuring fair elections. This ruling is not based on superficial arguments, but on solid legal precedents that showcase the COMELEC's deep understanding of electoral matters.
The transparency and thoroughness exhibited by the COMELEC division members are commendable. Their decision is not simply a technical win; it is a resounding statement that democracy in our country still prevails, thanks to institutions dedicated to their duties.
It is crucial to reiterate that anyone seeking a reconsideration of the decision must present "extraordinary grounds" for it to be overturned. In this particular case, such grounds are evidently absent, making any attempt to alter the ruling a clear disregard for our electoral process.
However, despite the clear and fair decision, Marcy Teodoro's apparent strategy of using a publicity campaign to garner public sympathy is concerning. Could this be perceived as a means to sway the COMELEC? While we refrain from judging his intentions, such actions warrant questioning: Why does public opinion seem to overshadow respect for the legal process?
In their December 11, 2024, decision, signed by Commissioners Ernesto Ferdinand Maceda, Aimee Ferolino, and Socorro Inting, the Comelec stated that Teodoro engaged in material misrepresentation in his Certificate of Candidacy (COC) due to falsely declaring his residency in the First District.
Teodoro's COC was cancelled after it was proven that he had left his domicile of origin in the First District and moved his domicile of choice to the Second District. According to the Comelec, Teodoro wrongly claimed to have returned to Barangay San Roque, First District, from Barangay Tumana, Second District.
"We meticulously reviewed all the evidence presented by both parties and determined that the evidence submitted by the petitioners was more compelling. This validated their claim that the respondent committed material misrepresentation concerning his residency qualifications, leading to the cancellation of his COC," the Comelec stated.
"By declaring the opposite in his COC, even knowing he did not meet the minimum residency requirement, Teodoro clearly committed material misrepresentation, which the Commission cannot overlook," the decision added.
While election law allows candidates to return to their previous residence, the Comelec emphasized that this must adhere to specific legal requirements.
"Election law mandates that a candidate must provide proof that they have re-established their residency in their domicile of origin for at least one year before the date of the national and local elections in 2025," the ruling stated.
The Comelec was not convinced that Teodoro had re-established his residency in the First District since April 2024.
In its decision, the Comelec cited Teodoro's legal documents from July and September 2024, showing his address in Barangay Tumana, Second District, despite his declaration of having returned to the First District in April 2024.
The division rejected Teodoro's explanation that his lawyer prepared the documents and used a temporary address in the Second District.
The Comelec also pointed out that the documents were notarized, lending them greater weight as evidence in legal and administrative processes. It added that by signing these documents, Teodoro is expected to have been aware of their contents, including the stated address.
The poll body also cited that Teodoro had changed his driver's license to reflect his address in Barangay Tumana, Second District, further strengthening his intent to maintain legal residency there.
The Comelec further added that Teodoro's evidence failed to prove his return to the First District. The resolution of the Election Registration Board allowing the transfer of his voter registration to Barangay San Roque, First District, was not sufficient proof of actual and physical residency there.
The Comelec was also not convinced by the utility receipts presented by Teodoro showing an address in the First District. It said that this address was his domicile of origin before moving to Barangay Tumana, and he likely kept those accounts for convenience even after leaving his former residence.
The cornerstone of democracy is the freedom and integrity of our institutions. The COMELEC, as guardian of our elections, must be allowed to continue their work without pressure from anyone. Any attempt to obstruct or cast doubt on their fairness is not only disrespectful but also a danger to the trust of the Filipino people.
I am also impressed with Chairman George Garcia, who immediately declared that he would inhibit himself if the case were brought to the Comelec En Banc, given that he had been a lawyer for both Teodoro and his opponent, Senator Koko Pimentel.
In these times, it is essential to remind everyone that democracy is not just about the election results but also about the process through which they are achieved. Respect for decisions by independent institutions like the COMELEC is the foundation of our democratic society.
Teodoro should respect the decision of the Comelec.
