A group of Ilocanos looking to block the presidential bid of Ferdinand “Bongbong” Marcos Jr. yesterday appealed the denial of their disqualification case before the Commission on Elections (Comelec), saying the reasons cited are “insufficient” and “contrary to law.”
In its 29-page Partial Motion for Reconsideration (MR), the Pudno Nga Ilokano led by Margarita Salandanan asked the Comelec en Banc to set aside the ruling of the First Division, which denied their petition against Marcos last April 20.
“Petitioners humbly beg the kind indulgence of this Honorable Commission to review and partially set aside the Resolution as the bases and reasoning of the First Division are clearly insufficient to justify such Resolution and are contrary to law,” said the petitioners.
“Wherefore, premises considered, it is most respectfully prayed that the Comelec First Division Resolution promulgated on 20 April 2022 dismissing the instant case be reconsidered and a new one be issued granting the Petition,” they added.
The members of the Pudno Nga Ilokano disagreed with the findings of the First Division that Marcos’ multiple convictions for repeated violations of the law for four consecutive years, do not carry with it “moral turpitude.”
“This very narrow reasoning and interpretation of the facts and the law while in the same breath acknowledging Marcos, Jr.’s non-payment of his full tax liability, including income in 1985 from a second source other than the government as chairman of the Philcomsat, neglect in the performance of his legal obligation, and repeated violations of the law are clearly insufficient to justify such an erroneous finding,” said the Ilocano group.
In addition, they said the decision of the First Division was undermined the provisions of the law obliging every Filipino to file their income tax returns.
“The Division belittled every Filipino citizen’s statutory obligation of ‘filing of income tax returns’ by supposing that it is ‘only for record purposes,’ a reckless statement that is glaringly contrary to law and jurisprudence,” they said.
The petitioners also pointed how the National Internal Revenue Code consistently views the willful/repeated “non-filing of income tax returns” as a criminal act by expressly providing for the imposition of a fine and imprisonment.
“On this basis alone, any declaration that belittles the statutory obligation of ‘filing of income tax returns’ and describes it as ‘only for record purposes’ and therefore ‘not inherently wrong’ is clearly misguided and is blatantly ignorant of the express provisions of the 1977 Tax Code,” said the petitioners.
The petitioners stressed that the non-filing of income tax returns is “inextricably intertwined” with the payment of the correct tax.
“Considering the totality of facts and circumstances, there is no other logical conclusion but that Marcos, Jr. willfully evaded, and with intent to defraud the Philippine government of its lifeblood, willfully failed to comply with his basic obligation,” said the petitioners.
Last week, the Comelec First Division, presided by Commissioner Socorro Inting with Commissioners Aimee Ferolino and Aimee Neri serving as members, denied the petition for disqualification of Salandanan’s group due to lack of merit.
The decision meant that all seven petitions for disqualification filed against Marcos have already been dismissed either by the Comelec First or Second Division.
