Marcos isolated due to COVID-19 risk, skips Comelec conference on disqualification cases
MANILA, Philippines — Presidential aspirant Ferdinand "Bongbong" Marcos Jr. is in isolation following exposure to confirmed COVID-19 cases, causing a delay in the proceedings at the Commission on Elections’ preliminary conference on disqualification bids against him on Friday morning.
Commissioner Rowena Guanzon, head of the 1st Division, earlier said the conference on three petitions for disqualification would start at 9 a.m., and would be streamed on Facebook, but proceedings only started past 10:30 a.m.
"Hearing cannot begin, we are waiting for the medical certificate of Marcos Jr. to prove he is not well, hence he is absent," she wrote in a tweet.
When the preliminary conference started, lawyer Hanna Barcena, Marcos’ counsel, told the Comelec that the presidential aspirant is "not feeling well" and cannot join through a videoconference.
"But why can’t he be on Zoom?" Guanzon raised, pointing out that Marcos need only have a laptop or can even use his mobile phone to attend via Zoom.
"I want to see him because he has no medical certificate," the commissioner said.
In a statement later Friday, Marcos apologized to the poll body, particularly to Guanzon for the "inconvenience" of his non-appearance.
Exposure to COVID-19
Guanzon warned Barcena of consequences if Marcos fails to attend the conference such as the division moving to submit the case for decision without evidence from the respondent’s legal team.
In the middle of the proceedings, Barcena raised that the summons dated December 20 said respondent or counsel may attend the hearing on Friday.
But Guanzon pointed out that a second summons was sent, received by Marcos’ counsel on December 29 that requires both the counsel and party to be present.
Campaign spokesperson Vic Rodriguez also confirmed the reporters that Marcos "was initially exposed to his chief security who is confined in one of the isolation/quarantine facility since last Tuesday."
Marcos, son and namesake of the ousted dictator, also had contact with Rodriguez who found out on Friday that he tested positive for COVID-19.
Towards the end of the proceedings at the Comelec, Barcena finally got a copy of the medical certificate for Marcos, which was also read by the commission clerk in the conference.
LOOK: Ferdinand "Bongbong Marcos' medical certificate issued by Aegle Wellness Center. | via @kristinepatag
— Philstar.com (@PhilstarNews) January 7, 2022
Marcos is currently in isolation after being exposed to two COVID-19 positive individuals. pic.twitter.com/tmVVtQzkq4
Dr. Benedict Francis Valdecanas said Marcos was experiencing body malaise and that his throat is congested or swollen. The certificate also noted that Marcos had direct contact with two confirmed cases.
Marcos recovered from COVID-19 in March 2020.
Preliminary conference
The preliminary conference on the three cases ran for a little more than an hour.
Also absent in the proceedings on Friday is petitioner Abubakar Mangelen, who identified himself as former chairman of the Partido Federal ng Pilipinas, and his legal counsel.
Barcena moved to have the petition of Mangelen, which argued that Marcos’ Certificate of Nomination and Acceptance is void, dismissed for non-appearance of the parties.
Guanzon said the division acknowledges their manifestation and will have the case submitted for resolution.
The Comelec then proceeded to discuss the issues of the case and stipulation of the facts.
Lawyers Antonio Salvador Jake Rey Fajardo (for Martial Law victims led by Bonifacio Ilagan) and Antonio Salvador (Akbayan) presented their issues which include whether Marcos is perpetually disqualified from holding public office, whether Marcos was convicted of a crime of moral turpitude, and whether he is perpetually disqualified because of his conviction that carried penalty of more than 18 months.
Marcos lawyer Barcena said they only have one issue they wish the Commission to determine: Whether or not Marcos is qualified to run as president.
The commission took time to discuss stipulations of facts from both parties, during which lawyers for the petitioners also earned warning from Guanzon to be courteous to their colleague and not appear before the Commission not knowing the G.R. number of the cases they were citing.
This included Marcos’ government posts from 1982-1986, during which years he was convicted of non-filing of his Income Tax Returns.
On the stipulation that Marcos had not paid deficiency income taxes and subsequently fines, Barcena denied these and refuted it with the Bureau of Internal Revenue certification in their possession.
She said the payment was "made a long time ago", on Dec. 27, 2001 to be exact.
But petitioners’ lawyers meanwhile said have certification from the Quezon City trial court stating that there was no satisfaction or compliance of its earlier order.
Only 48 hours given
Guanzon wrapped up the proceedings minutes before noon and said parties will be given 48 hours from Friday noon to file their respective memoranda.
But Barcena had asked to be given a longer time to file their memorandum of 15 days instead of two days — but Guanzon stressed that the case should be resolved as soon as possible.
"Memorandum is there for you as an option to organize your arguments and your exhibits," she said, adding that Marcos’ legal team already submitted their answer.
"So it’s not necessary to have 15 days unless you want to delay your case," Guanzon said, but Barcena denied wanting to delay the proceedings.
Parties were given until January 9 at noon to file their memoranda via e-mail and submit the hard copy to the Comelec on January 10.
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