Comelec cancels Marcy Teodoro’s COC

MANILA, Philippines — The Commission on Elections (Comelec) has canceled Mayor Marcy Teodoro's certificate of candidacy for Representative of Marikina City's first district on Wednesday, December 11.

In a 25-page resolution released on December 11, the poll body canceled Teodoro’s candidacy bid due to material misrepresentation as he failed to prove his residence in the 1st District of Marikina. 

“Taking all these circumstances together, We find that the petitioners were able to discharge their burden of proving that Respondent deliberately committed material misrepresentation in his CoC. Hence, We are constrained to grant these Petitions and order the cancellation of his CoC for the position of Member, House of Representatives for the 1st District, Marikina City,” the resolution read. 

One of the petitioners for Teodoro’s bid cancellation is Sen. Koko Pimentel, who is also vying for the same position. 

According to Comelec, Teodoro’s submitted counter-affidavit and position paper “fully support the claim” that he maintained his legal residence in the 2nd District of Marikina as he used his address in the second district. 

“If respondent (Teodoro) intended to abandon his domicile of choice in Brgy. Tumana and established his residence back in his original domicile in Brgy. San Roque, he should not have used the Brgy. Tumana address in these documents,” Comelec’s resolution read. 

“Respondent's (Teodoro) argument that it was his legal counsel who drafted these pleadings and who made use of this temporary residence in said pleadings, was flimsy at best. Respondent cannot just casually pass the blame to his counsel who, first and foremost, would not have indicated the said address in the pleadings were it not for his representation that he resides therein,” the poll body added. 

It was also shown in Teodoro’s driver's license that his second district address which the poll body said “further cemented” his intent to “establish and maintain his legal residence in the second district.”

Flip-flopping 

The petitioners argued that the respondent initially sought to establish visibility in Marikina's 2nd District to prepare for his widely speculated candidacy for a House of Representatives seat. 

However, facing unfavorable prospects, Teodoro allegedly transferred his residence back to Brgy. San Roque on Sept. 26, 2024.

“The flip-flopping transfer of registration of Respondent (Teodoro) shows that he intends to exploit not only the law and rule but the 1987 Constitution. He flagrantly changed his residence in an attempt to qualify for a position that he is not qualified for under the 1987 Constitution,” the Comelec said in its resolution. 

Citing a Supreme Court ruling, the poll body said that there is nothing wrong about “flip-flopping” as long as the aspirant “is able to prove with reasonable certainty that he has effected a change of residence.”

However, Comelec said that they were not convinced about Teodoro’s transfer.

Philstar.com has reached out to Teodoro for a comment concerning the cancellation of his certificate of candidacy, but he has yet to reply. 

Residence and domicile 

According to Article 6, Section 6 of the 1987 Constitution one of the requirements for being a member of the House of Representatives is to be a resident and a registered voter in the district which he shall be elected for a period of not less than one year before election day. 

Supreme Court ruling described the residency requirement as the “domicile” of the aspirant or the place to which one intends to return. 

The case of Uytengsu vs Republic defined the difference between residency and domicile:

“There is a difference between domicile and residence. ‘Residence’ is used to indicate a place of abode, whether permanent or temporary; ‘domicile’ denotes a fixed permanent residence to which, when absent, one has the intention of returning. A man may have a residence in one place and a domicile in another. Residence is not domicile, but domicile is residence coupled with the intention to remain for an unlimited time. A man can have but one domicile for the same purpose at any time, but he may have numerous places of residence. His place of residence is generally his place of domicile, but it is not by any means necessarily so since no length of residence without intention of remaining will constitute domicile.”

Also citing the case of Romualdez-Marcos vs Comelec, the poll body explained the three requirements to successfully effect a change of domicile:

1. An actual removal or an actual change of domicile;

2. A bona fide intention of abandoning the former place of residence and establishing a new one;

3. Acts which correspond with the purpose.

In the case of Teodoro, the Comelec said that there was no evidence that these requirements were fulfilled.

“To reiterate, the execution of the Joint Counter Affidavit and Joint Position Paper, the change of address in the Driver's License, the failure to withdrew his application for transfer of registration after claiming that he returns to this domicile of origin, and the absence of sufficient evidence of his actual and physical presence in the 1ª District, all points to the absence of a bona fide intent to abandon his legal residence in Brgy. Tumana, 2nd District,” the poll body’s ruling read.