Comelec division junks disqualification suits vs Marcos

Former Sen. Bongbong Marcos shows his certificate of candidacy for president in the 2022 elections.
The STAR / Russell Palma

MANILA, Philippines (Updated 8:53 p.m.) — A division of the Commission on Elections dismissed the disqualification petitions against presidential aspirant Ferdinand "Bongbong" Marcos Jr., clearing the former senator of two more suits blocking his bid to the Malacañang.

The Comelec’s First Division on Thursday promulgated its resolution denying the consolidated petitions for disqualification filed by Akbayan Citizens’ Action Party and the Campaign Against the Return of the Marcoses (CARMMA) and Martial Law survivor Bonifacio Ilagan.

"The consolidated petitions of Ilagan v. Marcos Jr., Akbayan v. Marcos Jr., and Mangelen v. Marcos Jr. have been dismissed for lack of merit, by the COMELEC's 1st Division," commission spokesperson James Jimenez announced in a tweet.

Citing Marcos’ conviction for failure to file Income Tax Returns for four years, petitioners questioned whether the late dictator's son is perpetually disqualified from holding public office, whether he was convicted of a crime of moral turpitude, and whether he is perpetually disqualified because of his conviction that carried penalty of more than 18 months.

The presidential bet’s camp raised only one issue: Whether or not Marcos is qualified to run as president.

In a statement, the Marcos campaign commended the Comelec division for the decision in their favor, saying the commissioners are "upholding the law by dismissing cases that we have long described as nuisance petitions."

Petitioners can still appeal this case, all the way to the Supreme Court.

"We will appeal to the Comelec en banc and pursue this case to the very end," said Perci Cendaña, nominee of petitioner Akbayan party-list, in a statement.

The consolidated cases before the poll body's Second Division are still pending.

Conflict between commissioners?

In the days leading up to the release of the resolution, Comelec Commissioner Rowena Guanzon claimed there has been a delay in the promulgation and, in a surprise move, bared that she voted to disqualify Marcos. She also accused Commissioner Aimee Ferolino, ponente of the case, of delaying the promulgation to "defeat" her vote before her retirement on February 2.

Ferolino denied the allegation and told Comelec Chairperson Sheriff Abas that there was "undue rush" to decide on the petitions. She added: "I have been bombarded with so many texts and Viber messages on when the resolution will be out every single day since the Marcos case was raffled to my office."

Ferolino had asked Abas to review Guanzon's media interviews, adding that: “Her excitement and eagerness have taken over her that she may have forgotten the sub judice rule.”

Marcos led the latest Pulse Asia pre-elections survey with 53% of respondents saying they would vote for him if elections were held then.

His running mate, Davao City Mayor Sara Duterte-Carpio, also topped the polls although with smaller margin against other vice presidential bets.

The Comelec's Second Division junked on January 17 the petition to cancel Marcos' Certificate of Candidacy, but the civic leaders who filed the plea have appealed the resolution in a motion for partial reconsideration filed on January 24.

Marcos’ presidential bid, met with strong criticism from the victims of his late dictator father’s brutal regime, is the family’s second bid to return to the Malacañang.

 

This is a developing story. Please check back for updates.

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