Two more groups seek to block Marcos' presidential candidacy
MANILA, Philippines — At least two more groups vowed to join in blocking the presidential bid of former Sen. Ferdinand “Bongbong” Marcos Jr., their lawyer Howard Calleja said Friday.
In a virtual presser, Calleja said a group of Martial Law victims led by Carol Araullo and a civil society tax professionals led by Rommel Bautista are set to file pleadings next week before the Commission on Elections.
Calleja, their legal counsels, said they are looking to submit a motion to intervene and join the group of six civil society leaders that filed a Petition to Cancel or Deny Due Course the Certificate of Candidacy of Marcos. They may also file a separate disqualification suit.
“A case has been filed. We will join, and [we] agree with the case,” Calleja said, adding that they will include more inputs in their pleading. He also said they believe their filing would give “moral conviction” to their earlier filed case.
“Anybody who violated the tax code, you don’t need moral turpitude here. Any violation carries with it perpetual disqualification to hold office,” he added.
Araullo said that with the historical judgment on the brutal Marcos Martial Law rule in an ideal world, political heirs of the late dictator would have been permanently barred from seeking public office. But this has not happened.
“I cannot countenance another six years of a Marcos inside Malacañang, proud of his legacy of his dictator father,” she added.
Bautista, meanwhile, clarified that he has no affiliation with any political party. “I have no personal quarrel with Mr. Marcos, but I believe that being aspirant for the highest position in the land… should be held to higher moral standard.”
Cancellation of COC
Araullo and Bautista seek to join the pleading earlier filed through lawyer Theodore Te. The petitioners, from civil society groups, accused Marcos of making false representation on his COC. The petitioners cited a 1995 conviction from a Quezon City Regional Trial Court on Marcos’ multiple failures to file income tax returns.
“Clearly, the inescapable fact is that the mere fact of conviction for violations of the provisions of the NIRC perpetually disqualifies respondent Marcos Jr. from participating in any election, more so to run for any public office,” the petition read.
This was filed on November 2, 25 days after Marcos filed his COC. This type of suit seeks the cancellation of the COC. If granted, it will be as if no COC had been filed.
A petition for disqualification, which questions the very qualification of the candidate, may be filed until the election day. Substitution may also be filed, in case of disqualification, Calleja added.
Void ab initio?
Calleja also argued that the Court of Appeals ruling that upheld the trial court’s conviction but deleted the prison sentence of Marcos is void ab initio.
He claimed that the CA abused its discretion when it only upheld the fine but removed the prison sentence, adding that this made the ruling “void ab initio.” He added: “The decision of the RTC would hold.”
“Void ab initio” was a legal argument that government lawyers have used in filing a quo warranto petition against former Chief Justice Maria Lourdes Sereno and then in revoking the amnesty of former Sen. Antonio Trillanes IV.
Calleja said they will include this argument in the pleading they will file next week, as he acknowledged that this matter may reach the Supreme Court.
Calleja, among the convenors of 1Sambayan that endorsed Vice President Leni Robredo’s bid, said he was approached by the group in his personal capacity as a lawyer.
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