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Comelec: Admin process on plea vs Marcos' COC may take 2-3 weeks

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Comelec: Admin process on plea vs Marcos' COC may take 2-3 weeks
This photo release shows former Sen.Bongbong Marcos announcing he will run for president of the Philippines.
BBM staff / Released

MANILA, Philippines — The administrative proceedings on the petition seeking the cancellation of presidential aspirant Ferdinand “Bongbong” Marcos Jr.’s Certificate of Candidacy may wrap up in two to three weeks, but resolution may be released “fairly quickly,” spokesperson James Jimenez said.

In an interview with ANC’s Headstart on Thursday, Jimenez said: “As far as administrative process goes, it probably takes about two to three weeks, but how long the decision will take to come out, there is no timetable for that.”

While there is no timetable for the release of the resolution on the petition filed to cancel Marcos’ COC, Jimenez however said that it is unlikely that this will reach until elections.

“In theory, it can take as long as it takes; in practice, it usually gets results fairly quickly,” he said as he also pointed out that the Comelec needs only look into grounds raised in the petition.

The legal challenge filed by six civic group leaders has been raffled to the Comelec’s Second Division and summons may be sent this week.

In their petition, they accused Marcos of making a false representation in his COC, specifically when he ticked the “no” box on the question of whether he was found liable for any offense which carries the accessory penalty of perpetual disqualification to hold public office.

Jimenez explained that following the raffle and service of summons, parties will then be called for a pre-conference trial and they will be given the opportunity to ventilate their respective positions.

They will be given three days to submit memoranda, after which the case is deemed submitted for resolution.

If there are multiple petitions, these might be consolidated but Jimenez stressed that this will still depend on the discretion of the Comelec division hearing the case.

In Marcos’ case, another group of 10 professionals sought to intervene in the earlier-filed petition. They also raised Marcos’ conviction on non-filing of income tax returns and argued that the Court of Appeals ruling that deleted jail time is void and has no legal effect.

Jimenez said that a ruling of the Comelec division may still be appealed to the Commission en banc.

But Marcos was able to run in past polls?

Marcos dismissed the petition against him as a “nuisance,” as he pointed out that the conviction was in 1995 and he was able to run, even won, in past elections.

Jimenez explained: “The idea there you see is that everyone has the opportunity to challenge a previous ruling . Even the Supreme Court deals with challenges to their jurisprudence.

“So if someone feels that they have a new cause of action, or someone feels that new reason to seek disqualification or maybe disagree with revious ruling, then everyone is well within their rights to seek relief from the Comelec,” he added.

But Marcos remains unfazed in his presidential bid.

READ: Marcos team says plea to cancel COC 'predictable nuisance petition'

In a statement on Wednesday, his spokesperson Vic Rodriguez said: “[Marcos] aspires for the presidency and has filed his COC. The petition to cancel it is obviously a nuisance case as viwed by known and respectable legal experts from the law universities of Ateneo and UST.” — Kristine Joy Patag

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2022 ELECTIONS

2022 POLLS

BONGBONG MARCOS

COMELEC

JAMES JIMENEZ

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