FORMER senator Ferdinand “Bongbong” Marcos Jr. yesterday posted another victory of sorts after the Commission on Elections junked a second petition seeking to block his presidential run, ruling that prior tax violations while in public office should not derail his bid.
The petition, filed by a group led by Fr. Christian Buenafe, had sought to cancel the certificate of candidacy of Marcos, accusing him of misrepresenting his eligibility because of a three-decade-old tax conviction and arguing it should mean a lifetime election ban.
But the Comelec Second Division presided by Commissioner Socorro Inting with Commissioner Antonio Kho and Commissioner Rey Bulay as members said the petition lacked merit.
“There is no intention on the part of respondent to deceive the electorate as to hide qualifications for public office,” their ruling said.
The petition was the second against Marcos dismissed by the poll body after the petition to declare him as a nuisance candidate filed by Danilo Lihaylihay was also junked last month, leaving five other pending cases filed against him.
In a brief statement released by the petitioners, they said they disagreed with the ruling, with the group’s legal counsel, Theodore Te, saying they will file an appeal.
“Petitioners disagree with the Comelec in its ruling, among others, that the material representations made were not false and will seek reconsideration of the Resolution with the Commission En Banc within the five-day period provided under the Comelec Rules,” said Te.
Last November, Buenafe, who chairs the Task Force Detainees of the Philippines, and others filed a petition to cancel the COC for president of Marcos based on a 1995 conviction for failing to pay income tax and file tax returns while in public office from 1982-1985.
The Court of Appeals acquitted Marcos of non-payment of taxes in 1997, but it upheld the guilty verdict on failing to file tax returns, which the Comelec noted “is not tax evasion.”
In dismissing the petition, the Comelec said there was nothing in the Court of Appeals’ decision penalizing Marcos, who has served as vice governor, governor, congressman, and senator, with perpetual disqualification from holding public office.
That penalty, which was added as an amendment to the internal revenue code in 1985, only took effect in 1986 and therefore could not be applied retroactively, the poll body said.
In a related development, the Comelec First Division failed to come up with a decision on three other disqualification cases faced by Marcos after some of its personnel and staff tested positive for COVID-19.
Comelec First Division Commissioner Rowena Guanzon had earlier announced the ruling on the cases Marcos will be promulgated “on or before January 17.” These include the disqualification cases filed by Bonifacio Ilagan and others, by Akbayan party, and by Abubakar Mangelen.
“I got information that the staff or lawyer in charge of the drafting was infected by COVID.
They said they are trying to prioritize the health of their staff members,” Comelec-Education and Information Department (EID) Director Elaiza David in a virtual press briefing. “It is unlikely that we will have the decision this afternoon… As to when instead, we can’t say yet.”
Marcos’ camp said the Comelec upheld the rule of law, with lawyer Vic Rodriguez, the candidate’s spokesman, saying the poll body’s ruling affirmed Marcos’ right to run for the highest post in the land free from any form of harassment and discrimination.
“The petitioner’s mere creativity for writing and wanting what is not written in the law as basis to cancel the certificate of candidacy of presidential aspirant Bongbong Marcos is way too frivolous and umeritorious to override the basic precepts of the Constitution,” Rodriguez said in a statement.
Rodriguez said their camp is extending “its hand of unity even to their fiercest adversary” as he invited them to work for a clean and fair election.
“We extend our hand of unity even to the fiercest of adversary and invite them to work together in ensuring a clean, fair and credible elections as our initial collective contribution towards nation-building for our people, the Filipino children and the youth, and for our beloved Philippines to move forward,” he added.
Malacanang said it respects the independence of the Comelec while another presidential aspirant, Sen. Panfilo Lacson, said he respects the decision of the poll body.
“It is called the rule of law. It is best that we respect the ruling. Comelec has the mandate to decide on any case that falls under its jurisdiction and the petition to disqualify ex-Sen. Marcos is one such case,” Lacson said. — With Ashzel Hachero, Jocelyn Montemayor, Raymond Africa, and Reuters
