BREAKING NEWS: Comelec dismisses Marcos DQ cases for ‘lack of merit’

2-0 vote allows Bongbong to run for president

By ROGER M. BALANZA

The Commission on Elections’ (Comelec) First Division has dismissed the consolidated disqualification cases against presidential candidate Ferdinand “Bongbong” Marcos Jr. for lack of merit.

The Comelec division voted 2-0 on the resolution that removed a major stumbling block to the bid of the son of the late dictator Ferdinand Marcos Sr. to seek the presidency in the May 2022 election.

Bongbong is running in tandem with vice presidential candidate Davao CityMayor Sara Duterte under the UniTeam banner.

In Twitter on Thursday, Comelec spokesperson James Jimenez posted:“The consolidated petitions of Ilagan v. Marcos Jr., Akbayan v. Marcos Jr., and Mangelen v. Marcos Jr. have been dismissed for lack of merit, by the COMELEC’s 1st Division.”

In seeking to disqualify Bongbong, the petitioners alleged the former senator was convicted for failing to file income tax returns from 1982 to 1985.

The conviction perpetually disqualifies him from seeking an elective post, the petitioners said in arguing the case before the Comelec division.

ALSO READ: Comelec division dismisses DQ cases vs. Marcos

But the First Division’s resolution in dismissing the petitions, said:: “Contrary to Petitioners’ assertion, the penalty of perpetual disqualification by reason of failure to file income tax returns was not provided for under the original 1977 NIRC (National Internal Revenue Code).”

“To be clear, the penalty of perpetual disqualification came into force only upon the effectivity of P.D. (Presidential Decree) No. 1994 on 01 January 1986. Thus, the penalty cannot be made to apply to Respondent’s (Marcos) tax violations, which were committed before the effectivity of the said law, in accord with the constitutional prohibition against ex post facto laws,” the decision read.





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