SIX petitions looking to block the presidential bid of former senator Ferdinand “Bongbong” Marcos Jr. have now been junked by the Commission on Elections (Comelec).
The Comelec First Division late yesterday released its decision dismissing three consolidated petitions filed by Bonifacio Ilagan et al, the Akbayan Party, and Abubakar Mangelen, with a 2-0 vote.
In its 41-page decision, the Comelec First Division said the dismissal was for “lack of merit.”
“Whether respondent is qualified to be elected as president of the Philippines… Taking into consideration the foregoing disquisitions, our answer is in the affirmative,” said the ruling penned by Commissioner Aimee Ferolino.
“Wherefore, premises considered, the petitions are hereby dismissed for lack of merit,” it also said,
The ruling said the grounds cited by the petitioners failed to meet the requirements to disqualify a candidate under the Omnibus Election Code (OEC).
Under the code, a person may be disqualified from holding public office if he/she is declared by competent authority as insane or incompetent; or is sentenced by final judgment for subversion, insurrection, rebellion, or for any offense for which he has been sentenced to a penalty of more than 18 months; or is sentenced by final judgment for a crime involving moral turpitude.
“It bears stressing that respondent was only meted with the penalty of a fine for his failure to file his income tax returns,” the decision said.
“It is clear as day that respondent’s sentence to pay fines does not fall under any of the above-enumerated instances for disqualification under Section 12 of the OEC to operate.
Thus, whether or not he satisfied the payment of fines and penalties with the RTC of Quezon City is immaterial, as his sentence did not fall within the purview of Section 12 of OEC,” it added.
The First Division’s decision comes just eight days after the retirement of its former presiding commissioner, Rowena Guanzon, on February 2.
Guanzon had a very public war with Ferolino, whom the former accused of delaying the release of the decision in order to knock out her vote after she retires. This has forced Guanzon to disclose her vote, which is to disqualify Marcos, and release her separate opinion ahead of the main decision of the First Division.
Ferolino has denied she is delaying the ruling, saying she was just “judiciously scrutinizing” the consolidated cases.
The remaining petition for disqualification against Marcos, filed by the group “Pudno Nga Ilokano” (the pure Ilocanos), is pending before the Second Division which has dismissed the petition of Danilo Lihaylihay to declare Marcos as a nuisance candidate, and the petitions to cancel his certificate of candidacy filed by Fr Christian Buenafe et al. and by Tiburcio Marcos.
Marcos’ spokesman, Vic Rodriguez, thanked the First Division “for upholding the law by dismissing cases that we have long described as nuisance petitions.”
“The petitioners in this case, Ilagan, Akbayan, Etta Rosales and Mangelen, were found guilty of lying and of deliberately misleading the Comelec by intentionally quoting the wrong provisions of the law and squeezed them into their faulty narratives,” he said.
“While we call on this seemingly misguided segment of our society to stop spreading lies against presidential candidate Bongbong Marcos, we nonetheless extend our hands of unity and continue with our call for them and every Filipino to join us in shaping a better and united future for our people,” he added.
Marcos’ running mate, Davao City Mayor Sara Duterte-Carpio, expressed hope their “UniTeam” will get the endorsement of her father, President Duterte for the May 9 elections.
Duterte-Carpio, in a chance interview in Bulacan yesterday, said there is no rift between her and her father. She also said that she has yet to talk to her father but she expects to see the President, if not during the campaign period, at least during birthday celebrations in the family in March and April. The President is celebrating his 77th birthday on March 28.
Asked if she would seek the President’s support especially for Marcos, she said that is what they want to see.
“But of course, he is the President and he is allowed to do and say kung ano yung gusto niya (what he wants),” she said.
The elder Duterte on Monday said he is not endorsing anyone “at this time.”
SCENARIOS
Retired Supreme Court Associate Justice Adolf Azcuna said Marcos may face a quo warranto case if is disqualified after assuming office if he won the upcoming May elections.
The quo warranto case is among the three scenarios laid out by Azcuna in an online forum organized by the opposition’s 1Sambayan on the disqualification cases filed against Marcos before the Commission on Elections.
“If the President-elect is disqualified after assuming office, this may fall under removal from office, in which case you have a quo warranto case,” Azcuna said.
He explained that if the removal is by quo warranto under the power of the SC sitting en banc as sole judge of all contests relating to the qualifications of the president, then “petitioner who is qualified and entitled to the office – the second highest voted – becomes the president.”
Azcuna said if however, the President is disqualified after assuming office and removed through the Comelec route and the SC, and not by quo warranto, then a vacancy occurs and the Vice President-elect becomes President.
“The second situation, assuming the president-elect has already taken his oath of office and then disqualified by the Comelec, then under Article 8, Section 7 of the Constitution, the vice president-elect will become the president for the remainder of the term of the removed president,’ he said.
In case that a president is elected and proclaimed but has not yet taken his oath of office and disqualified, Azcuna said, Article 7, Section 7 of the Constitution will kick in with the vice president-elect becoming the president until the president-elect becomes qualified.
“These are the three situations that a president-elect can be removed,” he added. — With Jocelyn Montemayor and Ashzel Hachero
