Comelec has no jurisdiction over the COC’s request for annulment.
The deadline for Camp Marcos to file a response is this week, with the preliminary hearing set for November 26.
The camp of former senator Ferdinand “Bongbong” Marcos Jr. claimed that the Election Commission (Comelec) had no jurisdiction over the petition to quash the presidential candidate’s candidacy.
This is one of the responses from Camp Marcos – which said it has “a lot of legal experts on board” – in response to petitions to quash Marcos’ candidacy.
âThe petition must be immediately rejected because there is no jurisdictionâ¦. Comelec does not have the power to pronounce further, therefore to annul or revise the decision of the Court of Appeal, âMarcos spokesman Vic Rodriguez said on Tuesday (November 16th).
The two motions filed so far are worded this way: Marcos’ conviction in 1997 by the Court of Appeal (CA) for failure to file income tax returns from 1982 to 1985 is a clear reason for excluding him from running for public office, and he tweaked that in his COC.
The sole reason for canceling his COC is false declaration. Both petitions say when Marcos said he was eligible and was not found responsible for an offense that perpetually prevented him from running for public office, he made a false statement .
There is in fact no prayer in the two petitions to overturn the Board’s decision.
âYou have read the petition. In essence, they want Comelec to quash the Court of Appeal’s request. It’s clear in their petition, âsaid Rodriguez, who has repeatedly mentioned retired senior Supreme Court judge Antonio Carpio.
It was Carpio who wrote in a column that the tax code was clear that an offense like failing to file an ITR should have led to jail time. A prison sentence is crucial because the electoral omnibus code disqualifies someone who has been sentenced to more than 18 months.
Perpetual disqualification from the tax code
But the petitions mainly argued that the tax code imposed lifelong disqualification on any type of tax offender, including failure to file an ITR – regardless of the penalty.
âIt should be noted that the perpetual ban on holding public office, voting and participating in any election under Article 252 of the 1977 Tax Code (now Article 253 of the 1997 Tax Code , as amended) is an inevitable consequence of the mere fact of conviction, and does not depend on the actual sentence imposed, âsaid the petition filed by civic leaders represented by the former Supreme Court spokesperson, Ted Te.
The motion to intervene filed by the group of 1Sambayan convenor Howard Calleja had the same argument.
âIt’s all political garbage. ‘Yung kanilang hinihiling (what they’re asking is) all the yellow political propaganda coming from yellow political assassins, âRodriguez said.
Calleja’s request to intervene must first be accepted by Comelec because it was filed out of time. A motion to intervene was attached to the motion, which must be allowed by the committee.
The summons issued by Comelec to Camp Marcos concerned the petition led by Te, and their deadline for submitting their response would be this week. The preliminary conference is set for November 26.
Rodriguez declined to say for now who the registered lawyers would be, but said “without exaggeration, about 500 lawyers have volunteered for us.”
“Kanyang binasang staff at masusing inaral ‘yung basurang petisyon, and with our legal team and many legal experts on board, at nakita namin na talagang basura’ yung petisyon”, Rodriguez said.
(Marcos has personally read the trash petition and studied it carefully, and with our legal team and many legal experts on board, we have seen that the petition is truly trash.)
Marcos, in a separate statement on Tuesday, said that “all the evidence and legal arguments in our hands make it clear that the petition against my candidacy is nothing but garbage.”
Whatever decision by Comelec, which spokesman James Jimenez said is expected to be released before the end of the year, the petition should reach the Supreme Court as the losing party would have to appeal.