THE Commission on Elections (COMELEC ) cancelled the certificate of candidacy (COC) of an incumbent second district Councilor in Manila who is seeking reelection due to his previous conviction for power theft which perpetually bars him from holding public office.
The Comelec, in its 15-page decision, stated that the COC of Councilor Darwin B. Sia for the May 12, 2025 national and local elections “is hereby denied due course and cancelled.”
Penned by Comelec Second Division Presiding Officer Rey Bulay and Commissioners Nelson Celis and Noli Pipo, the resolution said that when he filed his COC, Sia, who was running under the ticket of Francisco Domagoso, attested that he is ‘eligible’ for the office he was seeking to be elected to.
However, the Comelec notes that ‘it is public knowledge and widely circulated’ that Sia had been convicted by final judgement by the Manila Regional Trial Court Branch 19 in a case of illegal use of electricity or anti-pilferage. The case, docketed as criminal case no. 12-293357, convicted Sia for violation of Section 2(a) of Republic Act No. 7832, otherwise known as the Anti-Pilferage Act of 1994 and was sentenced to pay a fine of P10,000.
“This offense, by its very nature, constitutes a crime involving moral turpitude,” the resolution said, adding that under the Omnibus Election Code, “an individual is disqualified to be a candidate for an elective position and from holding any office if such a person has been sentenced by final judgement for a crime involving moral turpitude.” The same goes for Section 40 of the Local Government Code.
“Responden’ts eligibility if unmistakable. A plain reading of the two separate provisions of law clearly states that the conviction for a case involving moral turpitude is a ground to perpetually disqualify one from running for an elective office absent any plenary pardon or amnesty,” the Comelec resolution said.
“Moral turpitude has been defined as including any act done contrary to justice, honesty, modesty or good morals… Furthermore, it is a well-settled jurisprudence that theft is a crime involving moral turpitude,” part of the resolution added.
The Comelec also noted that even if Sia was fully aware of the legal consequences, he “deliberately concealed” his conviction in his COC.
The resolution also stated that: “With clear knowledge of his disqualification due to a conviction…respondent falsely represented himself as eligible for the position he seeks. Such a misrepresentation is a material matter that directly impacts his eligibility and warrants the cancellation of his COC.”
