IMMORAL | Marcos’ tax evasions count as ground for disqualification, says election lawyer

November 3, 2021 , 03:49 PM

(November 3, 2021) – Former senator Bongbong Marcos Jr.’s conviction over tax evasion can be considered a crime involving moral turpitude and could be a ground for disqualification, an election lawyer said on Tuesday.

Citing a precedent case, Atty. Enrique Dela Cruz said the disqualification ruling against ousted Surigao del Sur Rep. Philip Pichay in 2016 can be applied here. Pichay only paid a fine for his libel conviction, but the Supreme Court ruled that the crime still involves moral turpitude “because it is a transgression of the law,” according to Dela Cruz.

“Kung ‘yun ang standard na gagamitin natin, ‘yung transgession of the law na merong deliberate intent, magka-qualify ‘yung tax evasion,” said Dela Cruz on One News’ The Big Story. “Tax evasion is a serious offense at ‘yung paulit-ulit na paggawa nito for several years constitutes moral turpitude.”

In 1995, Marcos, the son of the late dictator, was convicted of tax evasion by a regional trial court in Quezon City for not paying taxes from 1982 to 1985. It was upheld by the Court of Appeals two years later with slight modification. Reports said it was not appealed before the Supreme Court, making the decision final.

Despite this, Marcos declared in his certificate of candidacy (COC) for president that he’s not been found liable for an offense that can perpetually disqualify him from seeking public office.

Civic groups said Marcos, the standard-bearer of Partido Federal ng Pilipinas, committed material misrepresentation over the false information he indicated, filing a petition urging the Commission on Elections (Comelec) to cancel his candidacy.

Also citing the Pichay case, the petitioners argued that the false material representation by Marcos about his conviction is “sufficient to warrant the cancellation” of his COC under Section 78 of the Omnibus Election Code.

“Kapag nag-no ka pero meron ka palang conviction, hindi kapani-paniwala na hindi mo alam dahil ikaw ‘yung na-convict,” explained Dela Cruz. “If you made material misrepresentation, you lied under oath, the COC can be cancelled. It means you were never a candidate—you cannot be substituted.”

Comelec spokesperson James Jimenez said the petitioners must prove their arguments in the hearings. He also pointed out that the standing petition is different from disqualification, which has a broader scope. Jimenez could not say if it will be decided before the campaign season begins in February.

“It’s a live case, I can’t go into too many details,” said Jimenez. “Walang time limit ito. Kailangang nagkakaaroon ng pagdiskubre kung tama ba ang sinabi ng complainants at magkakaroon ng depensa ang kandidato.”

Marcos said his camp would wait for the official copy of the petition before making any further comments, but he said he would not back down from his candidacy.

(PM)

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