Petitioners hopeful Comelec division will reconsider decision on Bongbong COC

A group of rights advocates on Tuesday appealed for reconsideration after the Commission on Elections (Comelec) Second Division junked the petition seeking to cancel the certificate of candidacy (COC) of presidential aspirant Ferdinand “Bongbong” Marcos Jr. for the May 2022 polls.

In a statement, the Philippine Alliance of Human Rights Advocates (PAHRA) underscored that Marcos' COC should be cancelled, adding that the Second Division has recognized misrepresentations made by the presidential aspirant.

“PAHRA maintains its position that the COC of Bongbong Marcos should be cancelled and that the case, with all its merits, should have been enough to put an end to his candidacy. It should be noted that the Second Division has recognized the misrepresentations made by Marcos Jr. in Item 11 and Box 22 of his COC,” the group said.

“We, as petitioners, hope that our request for the Commission En Banc to reconsider the decision of the Second Division will be favorable to the interest of what is right and just and what will be beneficial to the Filipino people,” it added.

Meanwhile, lawyer Vic Rodriguez, Marcos’ spokesperson, said the petitioners must not shape their own interpretation on the Comelec’s decision, adding that they “must read and discern” the ruling.

According to Rodriguez, it was “ironic” as the petitioners accuse Marcos of misrepresentations, noting that “they themselves are guilty of supposed misrepresentations in the same proceeding.”

“Petitioners and counsel knowingly misrepresented provisions of law not yet applicable in the case at bar and knowingly misquoted Section 254 by making it appear that it contained the word ‘and’ rather than ‘or’ in order to emphasize their skewed theory of mandatory application of the penalty of imprisonment,” he said in a statement.

“Petitioners’ propensity to misled is at once apparent in their act of branding the cases faced by respondent in the RTC and CA as ‘tax evasion cases.’ This phrase is clearly a misnomer. These cannot be rightfully termed as Tax Evasion cases Marcos was merely charged with violation of Section 45 which is failure to file income tax returns and Section 50 which is payment of taxes, to which he was later on acquitted with a definitive finding, that there was no tax  evasion as he was subjected to the withholding tax system,” he added.

“Petitioners shamelessly cited a certain provision denominated as Section 254 of the 1977 NIRC which they alleged that such provision punishes those who fail to file an ITR a fine of not less than P10,000 ‘and’ imprisonment. However, a careful reading of the actual Section 254 of the 1977 NIRC shows that it refers to another matter: Section 254. Rentals and royalties on mineral lands under lease.”

Rodriguez, however, said that they are open to work together in ensuring a “clean, fair, and credible” election.

“We extend our hands of unity even to the fiercest of adversary and invite them to work together in ensuring a clean, fair and credible elections as our initial collective contribution towards nation building for the future of our people, and for our beloved Philippines to move forward,” he added.

The Comelec Second Division on Monday junked the petition to cancel the candidacy of Marcos in the 2022 elections due to lack of merit.

In a resolution, the division said the petition “merits summary dismissal” as Section 17 of the Omnibus Election Code provides that cancellation of COC may be filed “exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false.”

The petitioners argued that Marcos' tax conviction in the 1990s disqualifies him from running for public office.

But the Comelec division said before it can ascertain that Marcos’ representations in Items number 11 and 22 of his COC are false, there is a need to thoroughly examine the true import and actual effect of the decision of the Court of Appeals (CA). —Richa Noriega/KBK/RSJ, GMA News