Comelec sets preliminary conference on Bongbong DQ case

MANILA, Philippines — The Commission on Elections (Comelec) will hold on Nov. 26 the preliminary conference on the petition to cancel the certificate of candidacy (COC) of presidential aspirant former senator Ferdinand “Bongbong” Marcos Jr.

Comelec-Education Information Department (EID) director Elaiza Sabile David said that aside from the summons, they have also set the date for the preliminary conference.

“I was told by the director of the Office of the Clerk of the Commission that when they issued the summons (to Marcos) the preliminary conference was already included. The preliminary conference is scheduled on the 26th of November,” said David.

As a precaution against the possible spread of COVID-19, the preliminary conference would be done via videoconference.

Afterward, there would be a submission of memoranda and, if no other questions are raised, the case will be submitted for resolution.

David said they hope that there would already be a resolution on the case by the end of the year.

The case was raffled off to the poll body’s second division.

Last Nov. 2, multi-sectoral civic groups, led by Kapatid spokesperson Fides Lim, filed a 50-page petition against Marcos, saying that his COC contained multiple false material representations.

“Specifically, Marcos falsified his (COC) when he claimed that he was eligible to be a candidate for president of the Philippines in the 2022 national elections when in fact he is disqualified from doing so,” the petitioners said in a statement.

Section 78 of the Omnibus Election Code states that a COC may be cancelled or denied due course “on the ground that any material representation contained therein as required under Section 74 hereof is false.”

“In the instant case, not only has respondent Marcos Jr. been convicted of a crime by final judgment which carries the penalty of disqualification, his repeated violations of the (National Internal Revenue Code) and his continued evasion/non-payment of taxes renders his conviction as one involving moral turpitude.”

Another ground for Marcos’ disqualification was his reported 1995 conviction by Branch 105 of the Quezon City Regional Trial Court (RTC) on multiple failures to file income tax returns.

They said the Quezon City court found Marcos guilty beyond reasonable doubt for violating Sections 45 and 50 of the NIRC, and sentenced him to imprisonment of nine years and fined for his failure to file his income tax returns or pay taxes for the years 1982, 1983, 1984 and 1985.

He also reportedly declared under oath that he had never been found liable for any offense that carries the accessory penalty of perpetual disqualification to hold public office. This was when he ticked the “No” box on the COC he filed.

Last Nov. 8, another group filed a petition-in-intervention to also call for the cancellation of Marcos’ COC.