He’s qualified to run, Bongbong camp insists

MANILA, Philippines — Despite his criminal conviction for non-filing of income tax return, presidential aspirant and former senator Ferdinand “Bongbong” Marcos Jr. is eligible to join the presidential race on May 9, his spokesman and lawyer Vic Rodriguez said yesterday.

He made the assertion to refute an opinion raised by retiring elections commissioner Rowena Guanzon that Marcos should be disqualified on the ground of moral turpitude arising from his conviction in the 1995 tax case, specifically for non-filing of income tax returns for the years 1982 to 1985.

Rodriguez stressed that Marcos “possesses all the qualifications and none of the disqualifications to run, campaign and serve the Filipino people.”

He reiterated the Marcos’ camp position that failure to file ITR cannot be considered as moral turpitude, which requires element of fraud under jurisprudence set in previous rulings of the Supreme Court.

Rodriguez argued that moral turpitude only exists in filing of a fraudulent return with the intent to evade taxes as it entails willfulness and fraudulent intent on the part of the individual.

Guanzon explained her vote to disqualify Marcos in a 24-page opinion.

“One thing is certain, by not filing an income tax return, he deprived the government of the chance to ascertain whether what was withheld correctly corresponded with what he earned,” Guanzon said.

Marcos’ supporters said Guanzon’s release of an unpromulgated opinion was a violation of the sub judice rule.

The Partido Federal ng Pilipinas (PFP) of Marcos called for investigation against Guanzon and wanted her penalized for such action.

PFP general counsel George Briones asked the Commission on Elections (Comelec) to immediately probe what the party described as “illegal leakage” and “undue disclosure.”

Briones cited Rule 2.01 of the Code of Judicial Conduct, which provides that “a judge should behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.”

‘Senator from Davao’

In a television interview yesterday, Guanzon said a senator from Davao City had influenced her fellow Comelec commissioner Aimee Ferolino-Ampoloquio into delaying the release of the poll body’s resolution on the DQ cases against Marcos.

Guanzon did not mention the senator’s name, but said he was the one who “strongly supported” Ferolino-Ampoloquio – who is also from Davao City – in the confirmation hearing of the Commission on Appointments (CA).

Guanzon added she would only reveal the senator’s name at a Senate hearing. But she said she has already revealed the name of the senator to Senate President Vicente Sotto III. “He is the one with authority,” she said.

Later yesterday, Sotto said he is referring the matter to the ethics committee.

“If the Senate calls me, I will do so. It is not fair to me also to say his name here. I will not say his name here without the proper forum. Let us do it in the Senate … how can I refuse the Senate of the Philippines. I will go to jail if I refuse. I will go if I’m subpoenaed by the Senate President,” she said.

“If it is not that senator who will order her because they are very close because they are both from Davao. Anyway, I will not name him anymore because his wife already knows. It is already viral,” Guanzon said.

Senators Bong Go and Ronald Dela Rosa, both from Davao City, are members of the CA.

She also admitted exerting pressure on Ferolino-Ampoloquio to immediately release her ponencia resolution as her vote and those of Chairman Sheriff Abas and Commissioner Antonio Kho Jr. would no longer count if the decision comes out after their mandatory retirement today.

She added that the vote of Commissioner Marlon Casquejo, who is also a member of the First Division, would also not be counted as he would be transferred to the Comelec’s Second Division as the presiding commissioner upon their retirement.

Commissioner Socorro Inting of the Comelec’s Second Division would be the acting chair of the Comelec and presiding commissioner of the First Division.

Inting’s division had junked most of the petitions filed against Marcos. The petition to disqualify Marcos filed by the Pudno nga Ilokano is still pending before the Comelec Second Division.

The controversy involving Guanzon and her fellow commissioner has alarmed several quarters who called on the poll body to immediately settle matter as the credibility of the coming polls is at stake.

Appeal to Comelec

In a statement, People’s Reform Party (PRP) president Narciso Santiago called on the Comelec’s First Division to finally resolve and release its decision on the pending disqualification case against Marcos.

“The PRP believes that any delay in the release of the ruling might affect the credibility of the Comelec and  unnecessarily put the ruling under a cloud of suspicion, considering that the campaign period begins on Feb. 8,” he said.

Sen. Manny Pacquiao said he was saddened by developments in the Comelec. “The qualifications and requirements imposed on us running for public office are clear. Let us not break our laws and give a different interpretation to these. Let’s just follow them,” Pacquiao, who is also running for president, said in Filipino.

“Let’s protect the truth and the equal application of the law. Let’s not twist the processes that strengthen our democracy,” he said.

Sen. Aquilino Pimentel III said the public has the right to know whether or not officials of the Comelec are doing their jobs ethically even as he urged the media to keep a tight watch on the poll body.

“I think they (Comelec commissioners) are already past the stage of trying to resolve this quietly and among themselves that’s why (it leaked),” Pimentel told reporters.

“The people have a right to know how these impeachable officials have been discharging or not their duties,” he said.

Sotto, for his part, also appealed to politicians, candidates and all concerned to respect the Comelec and “spare it from politics.”

“The Comelec must be able to maintain its integrity at all times and in all situations because it is our pillar of our right to choose the next leaders that will run the country,” Sotto said.

Meanwhile, militant groups led by the Bagong Alyansang Makabayan (Bayan) held a rally yesterday outside the Comelec main office in Intramuros to protest the delay in the release of the resolution on the disqualification cases against Marcos.

“We urge Commissioner Guanzon to continue fighting the good fight even after she retires. All is not lost. The people will support her and will continue to demand the disqualification of Marcos, who is unfit to run as candidate for president. The Senate is also urged to probe this incident which impacts the credibility of the upcoming May elections,” Bayan Secretary General Renato Reyes said. –  Robertzon Ramirez, Paolo Romero, Jose Rodel Clapano, Rhodina Villanueva