Comelec junks petition questioning Marcos Jr.'s identity

Ina Reformina, ABS-CBN News

Posted at Jan 04 2022 09:37 PM

MANILA - Another petition challenging the candidacy of presidential frontrunner, Ferdinand “Bongbong” Marcos, Jr., has been dismissed by the Commission on Elections (Comelec).

Comelec spokesman, Dir. James Jimenez, told journalists on Tuesday the petition filed by erstwhile independent presidential aspirant Tiburcio Marcos was “dismissed before new year.”

A copy of the resolution has yet to be released.

In his petition, Tiburcio Marcos questioned the true identity of Marcos, Jr., claiming the “real” Marcos, Jr. was dead “since 1975.”

The poll body earlier junked a petition filed by independent presidential contender, Danilo Lihaylihay, for the cancellation of Marcos Jr.’s certificate of candidacy (COC).

In a resolution, dated December 16, 2021, the poll body’s second division ruled that Lihaylihay “utterly failed to demonstrate to the commission (Second Division) that [Marcos Jr.] falls in any of the classifications” that define a nuisance candidate.

Under the Comelec Rules of Procedure, a ‘nuisance candidate’ is defined as as “[a]ny candidate for any elective office who filed his certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of the electorate.”

There are 5 remaining petitions against Marcos Jr. before the poll body: 4 for his disqualification, and one for the cancellation of his certificate of candidacy.

If these cases do not attain finality before the printing of official ballots in the second week of January, Marcos Jr.’s name shall be retained on the ballot.

If these cases remain pending upon completion of the canvassing of votes, and if Marcos Jr. obtains the highest number of votes, he may be proclaimed winner, based on Comelec rules.