Comelec says petitions for disqualification can be filed until proclamation

Published December 2, 2021, 12:11 PM

by Leslie Ann Aquino

Petitions for disqualification can be filed until proclamation.

Comelec/MB

Commission on Elections (Comelec) Spokesperson James Jimenez said this on Thursday, Dec. 2.

He issued the statement in reply to a question on Twitter.

The statement comes amid the filing of the second disqualification case against presidential aspirant Ferdinand “Bongbong” Marcos Jr.

Akbayan Partylist, together with various sectoral leaders and martial law victims-survivors, in their petition asserted that Marcos Jr. is perpetually barred from running for public office due to his 1995 tax evasion conviction.

It cited a 2012 Supreme Court decision on the Jalosjos Jr. vs Comelec case, saying that the high tribunal held that the election body bears the constitutional duty to, motu propio, prevent candidates who are perpetually disqualified, like Marcos Jr, from running repeatedly for public office.

The first disqualification case against Marcos was filed last Nov. 17 by Bonifacio Ilagan et al.

Other petitions lodged against Marcos are those seeking the cancellation of his certificate of candidacy (COC) and a petition to declare him as nuisance candidate.

Meanwhile, a petition seeking the declaration of nullity of Marcos’ Certificate of Nomination and Acceptance (CONA) and his disqualification was also filed later in the day by Abubakar Mangelen, the duly elected chairman of the Partido Federal ng Pilipinas (PFP).

In his petition, Mangelen said respondent attached to his CONA purportedly issued by the PFP sans his knowledge, participation, concurrence and signature.

“The matter of indorsement by some officers of PFP came as a big shock and surprise to petitioner and substantial number of officers and members of PFP,” the petition read.

Mangelen said the party officers from Lanao del Norte and other areas who were not consulted nor notified like petitioner of any meeting or convention complained of their replacement as such officers without due process of law and in contravention of the pertinent provisions of PFP’s Constitution and By-laws.

“Thus, the CONA issued to respondent is unauthorized, defective, invalid and void. Moreso, PFP’s supposed indorsement of him as the Party’s presidential standard bearer is inoperative, void and non-existent,” read the petition.

As second cause of action, petitioner, in his capacity as Chairman of PFP and as taxpayer- voter, is also seeking the disqualification of respondent on ground of ineligibility arising from a previous conviction of a crime involving moral turpitude.

“It is the well-considered view of petitioner that the crime for which respondent was convicted involves moral turpitude that carries with it the accessory penalty of perpetual disqualification to hold public office,” the petition read.

“Wherefore, in the light of the foregoing, it is most respectfully prayed of the Honorable Commission that the CONA issued to respondent be declared null and void and of no force and binding effect, and that respondent be disqualified as candidate and to hold public office,” it further read.

 
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