BILANG PILIPINO | Marcos opponents insist dictator’s son is not eligible to run for president

December 20, 2021 , 03:26 PM

By Beatrice Puente

(December 20, 2021) – Opponents of the son and namesake of the late dictator on Monday insisted, in a memorandum before the Commission on Elections, the former senator is not eligible to run for president due to material misrepresentations in his certificate of candidacy (COC).

Catholic priest Christian Buenafe, one of the petitioners represented by former Supreme Court spokesperson Ted Te, turned in a 100-page memorandum to the poll body summing up the arguments against Ferdinand “Bongbong” Marcos Jr.

It attached the pieces of evidence to prove why his candidacy should be denied due course.

LOOK | Camp of Buenafe, et. al has filed a 100-page Memorandum with attachments to the COMELEC 2nd Division in relation to their petition to cancel certificate of candidacy versus Presidential Aspirant Ferdinand Marcos, Jr. @News5PH @onenewsph pic.twitter.com/RrHpxIFaO0

— Greg Gregorio (@GVGregorio_TV5) December 20, 2021

Buenafe’s group said Marcos was ineligible to seek public office, citing several Supreme Court decisions. One of the decisions, issued in 2016, ruled a candidate must not only meet the required qualifications but also not possess any grounds for disqualification under the law.

“His (Marcos’) alleged eligibility in the subject COC is a material fact under sections 74 and 78 of the Omnibus Election Code,” the petition read.

“In this regard, respondent Marcos Jr. blatantly misrepresented that he is eligible to run for public office as he is clearly disqualified to do so by reason of his conviction in the tax evasion cases.”

Marcos, the standard-bearer of Partido Federal ng Pilipinas, was convicted for the non-payment of taxes from 1982 to 1985 while serving as Ilocos Norte governor. A Quezon City court initially imposed a jail term but the Court of Appeals lifted his imprisonment, ordering him to pay his taxes and other fees.

Marcos’ camp insisted the presidential aspirant already paid P67,000 worth of tax liabilities. But the petitioners obtained a certification from the Quezon City Regional Trial Court saying it had no record showing Marcos already complied with the ruling.

Citing the amended National Internal Revenue Code, the petitioners stressed Marcos faces perpetual disqualification from public office and participation in the elections. His mere conviction, regardless of the penalty, warrants the alleged disqualification, which they said meant Marcos lied in his COC.

“Petitioners are not asking in these proceedings that respondent Marcos Jr. be disqualified—he already is, by operation of law and as a necessary consequence of conviction—rather, petitioners ask that the subject COC be denied due course or canceled for the two material misrepresentations,” they said.

Buenafe and his colleagues also brought up anew the non-payment of estate taxes of the dictator Ferdinand Marcos Sr., which they said lies on his family. Petitioners said the heirs were supposed to settle P23.3 billion before the Bureau of Internal Revenue but the Marcoses failed to do so, with the current amount estimated at P203.8 billion.

“The propensity of respondent Marcos Jr. to evade his positive duties as a taxpayer and the totality of the circumstances of his prior conviction should give pause to this Honorable Commission of the forthrightness and integrity, if not just the eligibility, of the respondent,” said the petitioners.

Marcos, who scored a win with the junking of a nuisance petition last week, still faces six cases seeking his disqualification or COC cancellation. His camp repeatedly claimed the petitions had no basis.

Despite this, the petitioners hoped the Comelec would find merit in their arguments against Marcos Jr, urging the poll body to “be the instrument that leads to a collective national remembrance” amid efforts to revise history.

“To scuttle ambition at the starting line for that deception underscores the great significance that the law accords to truthfulness in one who aspires to public office, especially the highest office in the land,” said the petitioners.

“It sends a clear message that yes, honesty, although unwritten, is just as much a requirement in public service.”

(MM)

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