Tiburcio Marcos' petition to cancel certificate of candidacy (COC) of presidential candidate Ferdinand "Bongbong" Marcos Jr. was the latest in the string of cases filed against him to be dismissed by the Commission on Elections (Comelec), however, his disqualification cases are without a decision yet.
Disqualification cases
- SPA 21-194 - Bonifacio Ilagan v. Ferdinand "Bongbong"Romualdez Marcos, Jr
- SPA 21-232 - Akbayan Citizens' Action Party et al. v. Ferdinand Romualdez Marcos, Jr.
- SPA 21-233 - AbubakarMangelen v. Ferdinand Romualdez Marcos, Jr.
- SPA 21-235 - Salandanan v. Marcos
The known disqualification cases of Marcos Jr. are the consolidated cases raffled to the Comelec First Division. These are from Bonifacio Ilagan et al., Akbayan and Abubakar Mangelen which was recently shrouded in controversy.
Mangelen filed a petition seeking the declaration of nullity of Marcos' Certificate of Nomination and Acceptance (CONA) as well as a disqualification case. He said that he was the duly elected chairman of the Partido Federal ng Pilipinas (PFP).
His disqualification case against Marcos Jr. was filed on ground of ineligibility arising from a previous conviction of a crime involving moral turpitude.
On the other hand, Atty. Antonio Salvador stood as the legal counsel of Akbayan who filed on Dec. 2 a disqualification case against Marcos Jr. and averred that Marcos Jr. is "perpetually" barred from running for public office due to his 1995 tax evasion conviction. The respondents also stated that Marcos Jr. was convicted of crimes involving moral turpitude and was sentenced to a penalty of imprisonment of more than 18 months.
Their petition was signed by Akbayan's First Nominee Percival Cendaña, former Commission on Human Rights (CHR) Chairperson Etta Rosales, Akbayan Youth Chairperson Dr. RJ Naguit, women leader Jean Enriquez of the Coalition Against Trafficking in Women (CATW-Asia Pacific), and labor leader Nice Coronacion of the Sentro ng Nagkakaisa at Progresibong Manggagawa
The first disqualification case against Marcos Jr. was filed on Nov. 17, 2021 by Ilagan et al. who cited similar points with Akbayan during the cases' preliminary conference on Jan. 7. They were represented by Atty. Jake Rey Fajardo. The petitioners stated there that they have secured a certification from the Quezon City Regional Trial Court Branch 105 on Dec. 2, 2021 that there has been no compliance of payment or satisfaction of the decision of the RTC dated July 27, 1995 or the Court of Appeals dated Oct. 31, 1997.
At the time that the consolidated cases were raffled to the First Division on Nov. 29, 2021, Dec. 06, 2021, the division was composed of Commissioners Rowena Guanzon, Aimee Ferolino, and Marlon Casquejo. Guanzon retired on Feb. 2.
Guanzon announced on Jan. 27 that she voted to disqualify Marcos Jr. and mentioned that Ferolino was the ponente or decision writer of the case. No decision has been released yet.
In a press briefing, Comelec Spokesperson James Jimenez mentioned that he is not sure where the notion that Commissioner Casquejo can no longer vote on the consolidated disqualification cases of Marcos Jr. once he gets transferred to another division since the poll body has the authority to amend its own rules at any given time.
Guanzon has stated publicly that the reason for her announcement was that Ferolino deliberately delayed the release of the ponencia of Marcos Jr.'s case to knock both her and Casquejo's votes out.
Meanwhile, another disqualification case was also filed by Marcos Jr.'s fellow Ilocanos on Dec. 7, 2021.
These were Margarita Salonga Salandanan, Crisanto Palabay, Mario Ben, Danilo Consumido, Gil Derilo, Raoul Tividad, Nida Gatchalian and Nomer Kuan.
In their petition, petitioners said respondent is disqualified to run for or to hold any elective position, much less for the position of Philippine president, citing the following reasons:
-For having been found guilty by final judgment of crimes involving "moral turpitude" pursuant to Section 12 of the Omnibus Election Code.
-For having been found guilty, by final judgment, of a crime that carries the penalty of more than 18 months also pursuant to Sec. 12 of the OEC.
-For having been actually sentenced to prison correccional and is thereby effectively deprived of his "right ot suffrage" pursuant to Article 43 of the revised penal code in relation to Sec. 2 Article VII of the 1987 Philippine Constitution.
-Also in view of his conviction for violation of Sec. 45 of the National Internal Revenue Code of 1977 which in itself already carries the accessory penalty of perpetual disqualification from public office pursuant to Sec. 286 of the NIRC of 1977.
Salandanan's case was the seventh and final case filed against Marcos Jr.
Denied petitions
- SPA 21-156 Fr. Christian B. Buenafe et al v. Ferdinand Romualdez Marcos, Jr.
- SPA 21-003 - Danilo Lihaylihay v. Ferdinand R. Marcos, Jr.
- SPA 21-180 - Tiburcio "TVM" Villamor Marcos v. Ferdinand "Bongbong" Romualdez Marcos, Jr.
Petitioners Fr. Christian Buenafe of Task Force Detainees, Fides Lim of Kapatid, Ma Edeliza Hernandez of Medical Action Group, Celia Lagman Sevilla of Families of Victims of Involuntary Disappearance, Roland Vibal of PH Alliance of Human Rights, and Josephine Lasvano of Balay Rehab Center filed a petition to cancel Marcos' COC which according to them, contains multiple false material representations.
The case had a unanimous ruling on Jan. 17 which denied the petition filed for lack of merit. It also enumerated the attempts of the petitioners to mislead the poll body with their allegations and misrepresentations of facts and wrong quotations of certain provisions of the law.
"It somehow becomes ironic when we realize the thought that herein Petitioners accuse Respondent Marcos of misrepresentation while they themselves are guilty of supposed misrepresentations in this very same proceeding," the decision read.
According to Comelec's matrix, a Motion for Partial Reconsideration was filed by the petitioners on Jan. 24.
On the other hand, Comelec also denied the petition of Danilo Lihaylihay seeking to declare Marcos Jr. a nuisance candidate.
The Second Division ruled that Marcos’ candidacy did not fall under any of the three broad categories of nuisance candidates.
This includes "one who has a filed a candidacy to throw the election process in mockery of disrepute, or to cause confusion among voters by the similarity of names, or that there are acts or circumstances which clearly demonstrate the lack of a bona fide intention to run for office."
"Petitioner's sweeping statements and unfounded claims utterly failed to establish that Respondent's candidacy put the election process in mockery or dispute," the decision stated.
It further mentioned that there was no act or circumstance which clearly demonstrated that Marcos had no bona fide intention to run for the office to which the COC was filed, thus preventing a faithful determination of the true will of the electorate.
"On the contrary, Respondent has sufficiently established that he actually has a bona fide intention to run for President of the country," it added.
No copy of the decision was released by Comelec on Tiburcio Marcos' petition. In the matrix the poll body provided, it was simply put as "petition has been dismissed."
How will the Comelec proceed?
Asked on how the Comelec will proceed with the pending cases, Jimenez explained that when three commissioners make a ruling, it's the main decision that controls. Yet he mentioned that main decision sometimes ends up in the minority, when the two other commissioners make a dissenting opinion, but its still the main decision.
"Sometimes the dissent becomes the main opinion, especially if more if more justices side with the dissent rather than with what the original position was..."I haven't seen that happen in the Comelec, to be honest," he said.
"I'm saying that's one possible way of doing it, but in general, you're looking at waiting for the main decision because no other opinion is controlling. So whether or not lumabas yung dissent, or lumabas yung separate opinion, whether it's concurring or whatever, it really, it really has to bow before the main decision. It's the main decision that ultimately controls the outcome," he added.
Comelec is currently composed of Acting Chair Socorro Inting, Commissioner Casquejo, Ferolino, and Bulay.
In the event that Comelec will have no new appointees yet, a division will have a "guest" commissioner to fill up the three slots since there will only be two commissioners in a division.