Some Martial Law survivors and petitioners plan to appeal the dismissal of a 2022 presidential candidate by a Commission on Elections (Comelec) division, a decision that has been called into question due to a tax-related conviction. The Comelec First Division announced on Thursday that it had dismissed the disqualification petition filed against former Sen. Ferdinand “Bongbong” Marcos Jr. due to “lack of merit.”
“There might have been some misappreciation of the facts and of the law, so that’s why we are filing for a motion for [reconsideration],” Howard Calleja stated, lawyer for petitioner Bonifacio Ilagan, convener of the Campaign Against the Return of the Marcoses and Martial Law on Friday.
“If they would like to retain their ruling, which they have all the right to do… My only request is that they decide it as fast as they can so that we can bring the matter to the Supreme Court at the soonest possible time. We only have 88 or 87 days before the election.”
Only on January 31 did the Comelec issue a “separate opinion” by former Commissioner Rowena Guanzon—who was then among those handling the case—that Marcos should be disqualified for “moral turpitude” in failing to file income tax returns. In 1982-1985, the dictator’s son Ferdinand Marcos was convicted. However, the decision was not issued immediately because Guanzon had retired. One conviction for “moral turpitude”
Guanzon, on the other hand, questioned the First Division’s ruling, especially because it is ambiguous that Marcos’ failure to file the ITR broke no law.
“BBM was CONVICTED in the RTC and Court of Appeals for not filing his ITR for 4 yrs,” wika ng kareretiro lang na commissioner.
“There is no law punishing non filing of ITR? Why was BBM convicted then? Ang bright bright nyo naman.”
Former Supreme Court spokesperson Theodore Te, who is the lawyer for another petition against Marcos, also questioned the Comelec’s decision as absurd.
When this is the case, it seems to indicate that not everyone should file an ITR “dahil walang nalalabag na batas.”
“So Comelec says there’s no need to file ITRs anymore because there’s no law punishing non-filing?” he said in a tweet last night.
“I’m sure they meant that as a general statement for everyone and not just for ‘you know who’ because they’re not, you know, biased.
The Comelec’s ruling on Bongbong’s alleged “criminal tax evasion” disappointed vice presidential candidate Walden Bello.
In a related statement, Bello stated, “[It] spits in the face of common sense and basic morality. This is shown in their extremely insulting justification that ‘failure to file ITRs is not inherently wrong in the absence of a law punishing it.”
“This development is disappointing but not surprising. The laws of this land have long bent over backwards to serve those with money — and the pockets of the murderous Marcoses run very deep with funds they stole from hardworking Filipino people.”
“Once again, f*** you, Marcos!”, Vice presidential candidate Walden Bello stated.