Petition filed to disqualify Bongbong Marcos from presidential race

A petition to cancel the certificate of candidacy (CoC) of presidential candidate Ferdinand “Bongbong” Marcos Jr. was filed before the Commission on Elections (Comelec) on Tuesday.

The petition was filed by Fr. Christian Buenafe, co-chairman Fides Lim of political prisoners’ group Kapatid; Ma. Edeliza Hernandez, executive director of the Medical Action Group; Celia Lagman Sevilla, Roland Vivaldi, and Josephine Lascano.

It was received by the Comelec clerk at 4:40 p.m

In a 57-page document, petitioners claimed that Marcos was not qualified to run as he was convicted by a Quezon City court for his multiple failures to file income tax return back in July 1995.

It pointed out that Marcos’ conviction perpetually disqualified him from seeking public office.

“In the instant case, not only has respondent Marcos, Jr been convicted of a crime by final judgment which carries the penalty of perpetual disqualification, his repeated violation of the NIRC (Nation Internal Revenue Code) and his continued evasion/non-payment of taxes renders his conviction as one involving moral turpitude,” it said.

It further said that Marcos did not only make false representation in his CoC but also committed perjury, which is also a crime involving moral turpitude.

In pressing for the disqualification of Marcos, petitioners cited the Ty-Delgado vs House of Representatives Electoral Tribunal case wherein the Supreme Court ruled that “misrepresentation regarding one’s eligibility in a certificate of candidacy despite knowing one’s conviction by final judgment which disqualified him for public office, is considered a false material representation, sufficient to warrant the cancellation of certificate of candidacy under Section 78 of the Omnibus Election Code”.

The conviction was upheld by the Court of Appeals and was no longer appealed to the Supreme Court, “thereby becoming a final and unappealable conviction.”

“Clearly the misrepresentation made by respondent Marcos, Jr, is apparent and cannot be denied herein and should warrant the cancellation of the subject CoC,” according to the petition.

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