Comelec junks remaining disqualification case vs Bongbong Marcos

Presidential candidate Bongbong Marcos Jr. during the INQLive in Inquirer.net office in Makati.
INQUIRER FILE PHOTO / RICHARD A. REYES/MUF

MANILA, Philippines — The Commission on Elections (Comelec) on Wednesday junked the remaining disqualification case filed against the presidential bid of former senator Ferdinand “Bongbong” Marcos Jr.

In a 10-page ruling, Comelec First Division presiding commissioner Socorro Inting dismissed the case filed in December 2021 for lack of merit.

“As it now stands, Respondent possesses all the qualifications and none of the disqualifications under the 1987 constitution and relevant laws,” the ruling read.

“As such, the dismissal of this petition is on Order.”

The petitioners filed the disqualification case, saying Marcos Jr.’s 1993 conviction for his failure to file his income tax returns is a crime involving moral turpitude, making the former senator unqualified to run for office.

“We are not convinced,” the ruling said, citing a Supreme Court ruling stating that failure to file an income tax return is not a crime involving moral turpitude.

The ruling also said that moral turpitude implies something immoral in itself, even if it’s punishable by law or not.  However, Marcos Jr.’s failure to file income tax is not “inherently wrong,” according to the ruling.

“If failure to file an income tax return is considered alone, it would appear that it is not inherently wrong. This is supported by the fact that the filing of income tax return is only an obligation created by the law and the omission to do so is only considered as wrong because the law penalizes it,” the ruling further read.

All seven cases seeking to stop Marcos Jr.’s presidential bid have been dismissed at the Comelec division level. There were five cases under appeal before the Comelec en banc.

Not surprised

Marcos Jr.’s camp and those who are seeking to stop his presidential bid both expected the outcome of the case.

In a statement, House Deputy Minority leader and Bayan Muna Rep. Carlos Isagani Zarate on Wednesday said the decision is “not surprising.”

However, the lawmaker noted the “delay” of the release of the case.

“Why the long delay? The speedy resolution and the gravity that this decision carries are matters that cannot be taken for granted by the Comelec. Was it deliberate to await first the retirement  of the three Comelec commissioners before the decision was promulgated?” Zarate said.

It can be recalled that Comelec Chairman Sheriff Abas and Commissioners Rowena Guanzon and Antonio Kho Jr. have retired from their posts. Guanzon voted to disqualify Marcos Jr. to seek presidential candidacy.

“It is now imperative that the en banc act on its post-haste so as to give the parties ample time to even seek an appeal before the Supreme Court. What is at stake here is not only the political future of a convicted tax evader but the survival of our country as well,” he added.

Vic Rodriguez, Marcos Jr.’s spokesperson also hailed the dismissal of what he called a “nuisance petition.”

“As advocated, elections are settled through the ballots on election day — not through the abuse of our judicial processes like the filing of nuisance petitions for disqualification,” Rodriguez said in a statement.

The spokesperson continued: “It is now time for every peace-loving Filipino to work for a clean, honest, credible and fair elections, and allow the people to speak, their voices heard and votes genuinely counted.”

For his part, Marcos Jr. said he is happy that the dismissal of the case “happened before the upcoming elections.”

/MUF