Commission on Elections (COMELEC) Commissioner Rowena Guanzon released a full text of her separate opinion on her vote regarding the disqualification of presidential aspirant Ferdinand “Bongbong” Marcos Jr., through the Commission’s spokesman James Jimenez earlier today.
“I vote to grant the Petitions for Disqualification and declare Respondent Ferdinand R. Marcos II disqualified from running for the position of President of the Philippines,” stated the text.
The commissioner moved for Marcos’ disqualification because he is convicted of a crime involving moral turpitude. She also repeatedly questioned the division’s delay in releasing the resolution for the case, stating that political interference may be involved.
Guanzon revealed that fellow Commissioner Aimee Ferolino is the ponente, mandated to submit the results regarding Marcos, Jr.’s disqualification cases. It was supposedly last January 17 when Ferolino was to submit the ponencia; however, it was delayed due to her alleged infection with COVID-19.
In December 2021, a Quezon City Regional Trial Court (QC RTC) certified that Marcos Jr. did not pay his taxes. The court also confirmed that he has failed to comply with the court’s ruling that found him guilty of tax evasion in 1995.
In defense, the Marcos camp attempted to defend Marcos’ eligibility for candidacy by submitting a receipt from the Land Bank of the Philippines. Upon further certification by the QC RTC, Marcos, Jr. has failed to submit certified evidence supporting their claim that Marcos has already settled his tax deficiencies. Instead, the submitted evidence turned out to be a photocopy of the payment for lease rental.
This makes him ineligible to be elected or appointed to any government position as it is an offense under the National Internal Revenue Code (NIRC). He was to receive the penalty of perpetual disqualification from public office.
Also earlier today, Guanzon challenged Commissioner Aimee Ferolino, the commissioner ponente for the Marcos disqualification case, to join her in resigning before February 3 as the integrity of the COMELEC is now in question.
Mel Sta. Maria, a professor and dean of Far Eastern University – Institute of Law, said Guanzon did not violate Article 154 of the Revised Penal Code, which states that anyone who maliciously publishes or causes to publish any official resolution or document without proper authority or before being published officially shall be sanctioned with arresto mayor.
Sta. Maria also stated that Guanzon’s “dissenting opinion” is not a document and resolution that is needed to be published by proper authority and that it may appear ‘imprudent’ to some, but it could not be equated to malice.
“She was motivated by a desire to serve the public as far as she is concerned, a matter of national interest,” added the dean.
Guanzon staged a protest earlier today by the Manila Cathedral in front of the COMELEC.
“Dapat malaman ng tao. Si Bongbong Marcos ay convicted. Convicted. Convicted of a crime involving moral turpitude,” Guanzon stated in an interview with the Philippine Star.
“Ang taong hindi nagbayad ng buwis habang siya’y gobernador apat na taon ‘di nila kinulong? Minultahan lang nila. Pero, nagbayad ba siya ng multa? Inamin ‘yan ng kaniyang abogado na hindi sila nagbayad ng multa. ‘Yan ba kwalipikadong kandidato para pagkapresidente?” Guanzon furthered.
In her separate opinion, she clarified that Marcos, Jr., in his failure to comply “with a positive duty enjoined by law,” has no other excuse for not making “the slightest efforts” to file his tax returns, an obligation clearly possessed by everyone else.
“Respondent’s repeated violation of the law is reflective of and constitutes an act of baseness in the duties which he owes his fellow Filipinos and his country.”
Featured image courtesy of Manila Bulletin
