Did Marcos Jr. serve his sentence?

Did Marcos Jr. serve his sentence?

12/2/2021 3:29:00 AM

Did Marcos Jr. serve his sentence?

The decision of the Court of Appeals (CA) convicting Ferdinand R. Marcos Jr. of criminal violation of the Tax Code became final and executory on Aug. 13, 2001. The fallo or dispositive portion of the

Section 12 of the Omnibus Election Code (OEC) provides that any person convicted of a “crime involving moral turpitude shall be disqualified to be a candidate and to hold any public office.” Such disqualification is “removed xxx after the expiration of a period of five years from his service of sentence.” If the penalty is only payment of reparation and fine, the convict is deemed to have served his sentence upon payment of the reparation and fine. Since the CA decision ordered Marcos Jr. to pay reparation, which is the deficiency income tax, plus fine, the question arises if Marcos Jr. had paid the deficiency income tax and fine, and when.

Embrassed Moments ! Celebrities are Caught on Camera Like This

In his Answer to the Petition to cancel his certificate of candidacy (COC), Marcos Jr. claims that the CA’s fallo “does not specify the particular deficiency income tax which appellant therein is required to pay.” In effect the Answer judicially admits that Marcos Jr. has not paid the deficiency income tax up to now. Moreover, while the Answer admits that the order to pay the fine, as distinguished from the deficiency income tax, is unambiguous, the Answer does not state that Marcos Jr. had paid the fine. Even assuming that Marcos Jr. did pay the fine, the failure to pay the deficiency income tax means he still has not served his sentence. Consequently, Marcos Jr.’s disqualification to run for public office remains in effect up to now.

Marcos Jr. cannot claim that the CA’s order does not specify the particular deficiency income tax because this deficiency, as stated in the CA decision, was the subject of a stipulation of facts between the prosecution and Marcos Jr. With the stipulation of facts, Marcos Jr. judicially admitted his liability to pay the deficiency income tax as stated in the stipulation of facts. headtopics.com

The Answer of Marcos Jr., however, raises the defense that the crime for which he was convicted does not involve moral turpitude because he was only fined for non-filing of income tax returns, which he asserts does not involve moral turpitude. Thus, Marcos Jr. claims he cannot be disqualified under Section 12 of the OEC which requires a crime involving moral turpitude. There are many reasons why the non-filing of income tax returns, particularly if done repeatedly over several years as in the case of Marcos Jr., constitutes moral turpitude. Moreover, the Petition to cancel Marcos Jr.’s COC also advances another separate and independent ground—that Marcos Jr. is “perpetually disqualified” to hold public office for conviction of “any crime” under the Tax Code.

Robredo says her Facebook ads were mostly paid for by volunteers

Section 253 of the Tax Code mandates that a public officer shall be “perpetually disqualified from holding public office” if he is “convicted of any crime penalized by this Code.” It is immaterial whether or not the crime involves moral turpitude. It is also immaterial if the sentence has been served as the disqualification is perpetual. The Answer of Marcos Jr. is completely silent on this second separate and independent ground for his disqualification. Thus, the material averments in the Petition relating to this second ground, not having been specifically denied by Marcos Jr., are deemed admitted.

The Petition to cancel COC ultimately turns on the question of whether Marcos Jr. is disqualified to hold public office under either Section 12 of the OEC or Section 253 of the Tax Code. If he is disqualified under either, then he made a material misrepresentation in his COC when he claimed he is eligible to run for public office when in fact he is not eligible due to his disqualification, thus warranting the cancellation of his COC. If he is not disqualified under either provision, then his COC cannot be canceled since he did not make any material misrepresentation.

Subscribe to our regional newsletter

Read more: Cebu Daily News »

Little Princess

Marcos family 'heartbroken' over Duterte's tiradesSenator Imee Marcos said her family was “absolutely heartbroken” at President Rodrigo Duterte’s verbal attacks against her younger brother and presidential aspirant Bongbong Marcos. PHVote WeDecide READ: Im soooo proud of you tatay digs!!! Pa-victim ampot eh my heart ang mga magnanakaw?

Bong Go yet to formally withdraw presidential candidacyMarcos Jr. is seen as the potential beneficiary of Go's withdrawal from the 2022 presidential race. Putak ng putak hindi pa pala pormal ang withdrawal paimportante drama?

Bong Go yet to formally withdraw presidential candidacyMarcos Jr. is seen as the potential beneficiary of Go's withdrawal from the 2022 presidential race. 👎🏽😢 Umalis na si bong go aspirante pagkanpangulo taktika nila yan. At pagpapatunay na mahirap kalaban si VP Leni,so umisip sila ang kanpo ni digong kung sino indorso nya pangtapat ka VP Leni. Nagsanib na ang mga haragang pamilya. Abangan ang mga susumod pang drama ng gobyernong ito Ano pa kaya ang hinihintay nito? Pasko? Ang daming “Drama”

Bongbong nixes mandatory COVID-19 vaccination: ‘Wag na pwersahin’ICYMI: Bongbong Marcos thumbed down the proposal to make COVID-19 vaccination mandatory in the country, saying the government should instead focus on informing the public that vaccines are safe and effective against severe respiratory illness. He isn't even president yet, and he already knows how to play good cop bad cop ❤️ Next, booster shots aren't for free and Malasakit Centers funding will be cut. Snort Jr. on a roll. ...yeah....he wants to save money, so he can steal more later on....

Marcos family 'heartbroken' over Duterte's tiradesSenator Imee Marcos said her family was “absolutely heartbroken” at President Rodrigo Duterte’s verbal attacks against her younger brother and presidential aspirant Bongbong Marcos. PHVote WeDecide READ: Im soooo proud of you tatay digs!!! Pa-victim ampot eh my heart ang mga magnanakaw?