BILANG PILIPINO | Comelec to decide Marcos’ cancellation cases before printing ballots

November 26, 2021 , 03:14 PM

By Clarist Zablan

(November 26, 2021) – The Commission on Elections (Comelec) will decide on the cancellation cases against presidential aspirant Bongbong Marcos Jr. before the printing of ballots for the 2022 elections, spokesperson James Jimenez said on Friday.

A cancellation, which will nullify a candidate’s certificate of candidacy (COC) and effectively prevent a substitution within a party if granted, is fairly uncomplicated, noted Jimenez.

“This cancellation case, we believe that this will be resolved quickly before the ballots are printed. Of course, as a caveat, I would have to say that if a disqualification case is filed then a disqualification case is a little more complicated,” said Jimenez on One News’ Agenda.

A disqualification happens if a candidate is deemed incompetent or has been convicted of a crime involving moral turpitude. The Comelec only allows substitution for disqualified candidates.

The Comelec has said the release of the final list of candidates will be on December 15.

Marcos, the son of late dictator Ferdinand Marcos Sr., is facing three cancellation cases filed by human rights groups and medical organizations for false misrepresentation in his COC. The petitioners said the former senator lied when he said he has never been found liable for any offense despite his conviction over tax evasion.

Another case has been filed before the Comelec to declare Marcos as a nuisance candidate, while another petition from the Campaign Against the Return of the Marcoses and Martial Law was filed to disqualify him from the race.

The Comelec has granted Marcos an extension to file a reply, a move decried by the petitioners as bias, as the poll body’s rules do not provide grounds for any extension for replying to petitions. The petitioners appealed to the Comelec to reconsider the order but this was not granted. Jimenez maintained they’re just following the proper process.

Marcos was found to have willfully failed to pay income taxes from 1982 to 1985. The National Internal Revenue Code states that any person who gets charged with tax evasion is perpetually disqualified from holding any public office.

According to Jimenez, a disqualification case can even be filed during the campaign period and even on the election day, which would open a possibility where a candidate’s name is already on the ballot even though the candidacy is uncertain.

If this happens, Jimenez said any vote the candidate receives will be rendered void. It will also not be passed to the person’s running mate.

“If the presidential candidate is disqualified, the vice presidential candidate doesn’t succeed as presidential candidate. That person stays as the vice presidential candidate again because there is no succession when we talk about candidates,” said Jimenez.

Marcos’ running mate, Davao City Mayor Sara Duterte, has urged their supporters to “protect” her partner amid the petitions.

(PM)

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