MARCOS DQ CASE | Martial Law survivors elevate disqualification case vs. Marcos Jr. to SC

May 18, 2022 , 07:37 PM

By Clarist Zablan

(May 18, 2022) – A group of martial law survivors on Wednesday brought the disqualification cases against presidential candidate Ferdinand “Bongbong” Marcos Jr. to the Supreme Court (SC) for a final attempt to block the late dictator’s son from returning his family to power.

In a 49-page petition for certiorari, the survivors led by the Campaign Against the Return of the Marcoses and Martial Law (CARMMA) petitioned the high court to reverse the decision of the Commission on Elections (Comelec) to allow Marcos Jr., who is poised to succeed President Rodrigo Duterte, to run for the top government post.

They also asked the high court to stop the canvassing of votes, which would prevent Marcos Jr. from being proclaimed as the elected president.

“That Marcos Jr. was even able to run is not only a blatant mockery but a shameless bastardization of our democracy and electoral exercise,” CARMMA convenor Bonifacio Ilagan said in a statement.

Martial law survivors, led by the Campaign Against the Return of the Marcoses and Martial Law, to file petition before the Supreme Court seeking to reverse Comelec’s decision dismissing DQ petitions filed vs. presumptive president Bongbong Marcos @News5PH @onenewsph pic.twitter.com/xnpNTITh5G

— JC Cosico (@JCCosico) May 18, 2022

The Comelec has earlier said that in the case that the president is disqualified after they are proclaimed, which is expected to happen by the end of this month, the winning vice president will replace them.

Comelec Commissioner George Garcia, an election lawyer by profession, reiterated his position noting the candidate with the second highest number of votes will only be considered winner for cases to cancel a certificate of candidacy.

“If after the election you were disqualified, then ang magiging effect po ay succession. Kung ‘yan ay mayor, yung vice mayor ang uupo kasi bakit? Hindi naman na-cancel ang kanyang kandidatura, candidate pa rin siya,” he said.

But Howard Calleja, the petitioners’ legal counsel, said that it should be the second placer in the presidential race – Vice President Leonor “Leni” Robredo – who should become president.

He said this is only their personal opinion and they are not filing the petition on her behalf.

“Ang amin pong tingin, si Vice President Leni Robredo ang nagkamit ng pinakamataas na valid votes. So lahat ng boto ng ibang tao na disqualified, ang tawag po diyan ay stray votes o stray ballots. So hindi po siya valid votes,” Calleja said.

CARMMA is one of the four groups of petitioners who filed disqualification cases against Marcos Jr. before the Comelec, on grounds of his tax conviction for failing to file his income tax returns from 1982 to 1985 as a local government official in Ilocos Norte.

Three of the cases, including that of CARMMA, have been dismissed by the Comelec. The remaining one case is still under appeal by the poll body en banc.

The petition maintained that Marcos should have been perpetually disqualified under the tax code due to his conviction, said Calleja.

“Kaya po sinasabi natin na siya po ay hindi po naging kandidato kahit kailan ng Mayo 9, 2022 dahil simula’t sapul siya ay convicted, siya po ay disqualified at no matter of any election or exercise can erase that fact,” he said.

One more petition to cancel his certificate of candidacy (COC) and another seeking to declare him as a nuisance candidate were also dismissed by the Comelec, but the former was elevated to the SC on Tuesday.

(MM | With reports from JC Cosico, News5)

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