Petitioners seeking the cancellation of the certificate of candidacy (COC) of presidential aspirant Ferdinand "Bongbong" Marcos Jr. has appealed the decision of the Commission on Elections (Comelec) Second Division which junked their petition.
In their motion for partial consideration filed Monday, Jan. 24, petitioners led by Fr. Christian Buenafe, asked the Commission En Banc to reverse the decision of the Second Division.
"It is respectfully prayed that the Commission En Banc issue an order reversing the Resolution dated Jan. 17,2022," it read.
Petitioners also prayed that the petition will be granted by denying due course or cancelling the COC of Marcos Jr. in connection with the May 2022 polls and that his name be excluded from the list of candidates for President in the official ballot.
In their motion, petitioners said the Second Division "grievously erred in ruling that Respondent Marcos, Jr.'s material representations, i.e., that he is eligible for the position of President and that he has not been convicted of a crime punished with the penalty of perpetual disqualification from public office, were not false."
They disagreed with the Comelec Second Division that Marcos did not deliberately attempted to mislead, misinform, or hide a fact in his COC.
"Respondent Marcos, Jr. will not find shelter under ignorance of the law because ignorance of the law excuses no one from compliance therewith. Ignorantia juris non excusat. Thus, respondent Marcos, Jr., as with everyone else, is charged with knowing the law and must bear the consequences of any violations," their motion read.
"Further, respondent Marcos, Jr. cannot belatedly deny knowledge of the proceedings before the courts relative to his criminal violations of the NIRC. Indeed, he fully participated throughout the entire proceedings before the trial court all the way up to the Supreme Court," they added.
The petitioners also accused the Second Division of being bias in favor of Marcos.
"The Second Division's use of language was clearly intemperate, but it also hinted at a matter more disturbing, which the Commission En Banc should resolve through this Motion for Partial Reconsideration — the presence of bias and, with it, the violation by the Second Division of petitioners' right to have their Petition adjudicated upon by an impartial quasi-judicial tribunal," they said.
The petitioners then asked the En Banc that the members of the Second Division, be "mandatorily inhibited from participating in its review."