The Commission on Elections (Comelec) en banc has upheld a decision cancelling the certificate of candidacy of Darwin Sia, who is running for member of the Sangguniang Panlungsod of the 2nd District of Manila in Eleksyon 2025.
In an 11-paged decision issued Monday, the Comelec en banc denied a motion for reconsideration (MR) questioning a March ruling of the Comelec Second Division, which disqualified Sia from the May midterm polls over alleged material misrepresentation.
“Wherefore, premises considered, the Comelec en banc resolved as it hereby resolves to deny this motion for reconsideration and affirms the resolution of the Commission (Second Division) dated March 21, 2025,” the decision reads.
In March, the Comelec Second Division said Sia committed material representation when he filed his candidacy for the 2025 national and local elections (NLE) despite being convicted for electricity pilferage, which constitutes moral turpitude.
Under the Omnibus Election Code (OEC), an individual is disqualified to be a candidate for an elective position and for holding any office if such a person has been sentenced by final judgment for a crime involving moral turpitude.
However, Sia argued in his motion that he never committed material misrepresentation as the illegal use of electricity was not declared as a crime involving moral turpitude.
“To be clear, the Commission (Second Division) discussed extensively that pilferage of electricity such as the unauthorized tapping or making of connections with electric service lines without prior authority or consent constitutes an offense involving moral turpitude,” the en banc decision said.
“We agree with the discussion of the Commission (Second Division) that ‘Respondent’s conviction for violation of Section 2 (a) of RA 7832 demonstrates his dishonesty and disregard of legal and ethical standards, which are hallmarks of moral turpitude.’ Therefore, by stating under oath that he is eligible to run for a position in the local government, Respondent committed material misrepresentation to effectively mislead the electorate on his qualification as a Member, Sangguniang Panlungsod, 2nd District of Manila City,” it said.
It added: “As a consequence, the denial of due course to and/or cancellation of Respondent’s COC is warranted under Section 78 of the OEC.” —AOL, GMA Integrated News
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