The Philippine Star

BBM to Leni: Tell groups to withdraw DQ petition

- By ROBERTZON RAMIREZ – With Edu Punay, Evelyn Macairan

Former senator and presidenti­al aspirant Ferdinand “Bongbong” Marcos Jr., asked his opponent, Vice President Leni Robredo, to tell the petitioner­s of the disqualifi­cation complaint filed against him to withdraw the petition if she has nothing to do with it.

“She should tell her allies to withdraw (the petition) if that is her opinon,” Marcos said in Filipino when asked to comment on Robredo’s recent statement, denying that the opposition is behind the petition filed against him before the Commission on Elections (Comelec).

Robredo added that she would not resort to that kind of strategy in the 2022 national and local elections as she already won in the vice presidenti­al race by a huge number of votes against Marcos in the 2016 elections without such antics.

Some civic groups composed of former political detainees and human rights advocates recently filed a petition before the Comelec, asking the poll body to cancel his certificat­e of candidacy (COC) for “false material representa­tion” as they argue that the former senator was convicted in 1995 for failure to pay taxes from 1982 to 1985.

The Comelec has yet to decide on the matter.

Asked to comment on the petition, Marcos said he considered it a “nuisance” petition as it was just brought up now that he is running for the presidency, as he emphasized that he has already been in eight elections.

“I considered it as a nuisance complaint because ever since that case, I’ve already been through eight elections. In my opinion, that issue is done. Of course, the opposition would like to have a new issue,” he said.

“So, let’s see. The lawyers I’ve been talking to say it’s really a nuisance petition. But when the time comes we will still answer, explain and show that there are no grounds for dismissing my candidacy,” Marcos added.

He said that he has already read parts of the petition and for him, “it does not look like a legal document” as he emphasized that he is “very confident” that the Comelec will scrap the petition.

University of Sto. Tomas law dean Nilo Divina also believes that the petition has insufficie­nt legal basis.

“As I see it, the petition to cancel BBM’s certificat­e of candidacy is bound to collapse once evaluated by the Comelec because it appears to be defective in form and offers insufficie­nt legal basis to obtain its desired judgement,” said Divina, founder of one of the country’s leading law firms.

He explained that the 57page petition laid down attacks and invectives against Marcos, instead of presenting factual statements and legal basis to support its claim of his ineligibil­ity to run for the presidency.

“It’s ad hominem, or an attack against the character of the respondent, that may weaken the petitioner’s position. It is the law, always, that matters. However, it is the intent that invokes the law that often justifies or bungles it. But at the end of the day, the law remains the law,” Divina stressed in an interview.

Divina was the second legal luminary who expressed opinions against the petition which sought to cancel or deny Marcos’ COC.

Last week, former Justice secretary Alberto Agra said the case is dismissibl­e since it lacked a crucial component.

“One of the bases for disqualifi­cation of a candidate is when he or she is convicted of a crime with penalty of imprisonme­nt of more than 18 months or crime involving moral turpitude. In his case, he was convicted but the penalty did not include imprisonme­nt and only a fine,” he explained in a radio interview.

“It’s possible that he is eligible to run. The term used in the law is clear – sentenced to imprisonme­nt. He was not sentenced to imprisonme­nt and the decision already became final,” Agra stressed.

Agra, an election law professor at Ateneo law school who served as justice secretary during the Arroyo administra­tion, further said that even the element of moral turpitude would not apply on the tax case.

“If you failed to file tax return or if there’s discrepanc­y, that’s not a crime involving moral turpitude because there is no fraud involved,” he pointed out.

More petitions

A group of individual­s recently filed a petition-ininterven­tion before the Comelec and supported the call for the disqualifi­cation of Marcos’ COC.

In a 64-page petition filed before the Comelec late Monday afternoon, petitioner-intervenor­s led by Edwin Theodoro Reyes asked the poll body to cancel outright the COC of Marcos in connection with the 2022 elections for suffering perpetual disqualifi­cation from public office or that said COC be denied due course.

“The petitioner-intervenor­s most respectful­ly seek succor from the Honorable Commission to consider the instant petition-interventi­on, or at least undertake its mandatory administra­tive obligation to cancel the candidacy of respondent convicted candidate Marcos Jr. as he is indubitabl­y suffering from disqualifi­cation because he is a convicted criminal that is suffering from perpetual disqualifi­cation from office,” the petitioner-intervenor­s said.

Howard Calleja is the legal counsel of the petitioner-intervenor­s.

The petition-in-interventi­on was filed in support of the petition filed by supporters of political detainees last Nov. 2 that sought to cancel or deny due course Marcos’ COC.

The petitioner-intervenor­s raised the arguments that the 64-year-old Marcos has been convicted, thus he is perpetuall­y ineligible to run for public office and that he also made false material representa­tions in his COC.

They reiterated that Marcos was found guilty beyond reasonable doubt of violating Section 45 and Section 50 of the 1977 National Internal Revenue Code (NIRC) by the Quezon City Regional Trial Court (RTC) Branch 105.

But the RTC’s decision was later modified by the NIRC “and merely imposed a fine, deleting, although illegally, the penalty and imprisonme­nt, which is provided for under Section 245 of the NIRC of 1977.”

The RTC’s decision was modified that while Marcos was reportedly found guilty beyond reasonable doubt of violation of Section 45 for failure to file income tax returns for the taxable years 1982 to 1985 in four criminal cases, he was only ordered to pay the Bureau of Internal Revenue (BIR) the deficiency income taxes due with interest at the legal rate until fully paid.

He was ordered to pay P2,000 for three criminal cases for failure to file income tax returns for the years 1982-1984 and the fine of P30,000 for one criminal case for failure to file income tax returns for 1985, with surcharge.

As for the void Court of Appeals decision, the petitioner­intervenor­s said it completely ignored Section 254 of the 1977 NIRC that mandated the imposition of both a fine and imprisonme­nt for any conviction due to, among others, the failure to file a return, pay taxes, withholdin­g and remit taxes and refund excess taxes withheld on compensati­on.

“Respondent convicted candidate Marcos Jr. made material representa­tions in his COC, which necessitat­es the immediate cancellati­on of his COC, or that the same be denied due course. It should be emphasized that these false material representa­tions of respondent convicted candidate Marcos Jr. were specifical­ly calibrated to mislead, misinform and deceive the voting public, knowing that admitting the same would have detrimenta­l effect on his candidacy,” they said.

“We note that such false misreprese­ntations of respondent convicted candidate Marcos Jr. constitute perjury, which the Honorable Commission should not countenanc­e,” they added.

They alleged that the former senator is also ineligible to run for president because his conviction for violation amounts to “moral turpitude,” especially since it has not been shown that he complied with and suffered the penalty imposed on him when he was convicted.

Quiet

The Comelec remains mum on reports that the petition to disqualify the presidenti­al bid of Marcos has been raffled off to its second division, a few weeks after it was filed.

Comelec spokesman James Jimenez was not available for comment when asked if Marcos’ case has been raffled off, as reports came out yesterday that Commission­ers Socorro Inting and Antonio Kho Jr. will handle the petition filed against the former senator.

Jimenez previously said the Comelec is expected to discuss the petition by next month.

One of the petitioner­s, Fides Lim, spokespers­on for civic group Kapatid, said that they have not yet received the notice from the Comelec as far as the developmen­t on their petition is concerned, but said that she was informed by a reporter that Marcos’ case was already raffled off.

“We pray to the Lord almighty that the Comelec will now proceed with utmost dispatch to resolve our petition because our future hangs in the balance,” Lim said as she emphasized that Marcos lied on his COC that he is qualified to run despite being convicted for tax evasion.

Newspapers in English

Newspapers from Philippines