Comelec chair inhibits self in Teodoro disqualification appeal
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12/14/24, 5:39 AM
By Tracy Cabrera
INTRAMUROS, Manila — Following the cancelation of the certificate of candidacy (CoC) of congressional aspirant Marcelino 'Marcy' Teodoro in the upcoming 2025 midterm polls, Commission on Elections (Comelec) chairperson George Erwin Garcia announced that he will inhibit from the en banc deliberations once Teodoro files a motion for reconsideration (MR) on the decision to cancel his candidacy.
Teodoro had earlier disclosed that after consulting with his lawyers, he will be filing an appeal before the Comelec en banc to seek the reversal of the cancelation but has yet to file the MR for deliberation and appropriate action.
"Ang inyong lingkod ay magi-inhibit sa kasong yan. Gusto ko lang sabihin ng ganito kaaga pa lang sapagkat kliyente ko dati ang dalawang naglalaban sa position dun," Garcia told reporters in a press conference.
"Minarapat ko po bilang pagrespeto sa proseso na huwag mag-participate. Therefore, 'yung anim na miyembro ng Komisyon ang magpa-participate sa disposiyon ng Komisyon," the Comelec chair added.
Two days ago, the Comelec First Division canceled Teodoro's CoC for allegedly committing material misrepresentation and failing to prove that he had “re-established his residence in his domicile of origin, for a period of not less than one year immediately preceding the day of the 2025 national and local elections (NLE).”
"By declaring in his CoC the contrary, despite knowing fully well that he did not meet the minimum residency requirement, Respondent committed material misrepresentation which this Commission (First Division) cannot countenance,” the Comelec decision read.
“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," it added.
Despite the CoC cancelation however, the Comelec clarified that Teodoro's name would remain in the ballot even as it is deciding on the case.
"Hanggat hindi final ang decision ng Comelec en banc, hangga't may motion for reconsideration ay hindi tatanggalin ang pangalan ng isang kandidato sa listahan. Therefore, depende iyan kung kailan madedesisyunan," Garcia pointed out.
He further said that should Teodoro be disqualified after the printing of the ballots, the votes for him would be considered stray votes.
