Marcos camp says perpetual disqualification not an accessory penalty of Marcos Jr.'s tax case

ABS-CBN News

Posted at Jan 17 2022 01:24 AM

MANILA - The lawyer of Partido Federal ng Pilipinas argued that Ferdinand "Bongbong" Marcos Jr. cannot be disqualified from running for president in the 2022 elections due to his 1995 tax case conviction. 

In a statement posted on Facebook, Atty. George Briones, general counsel of Partido Federal ng Pilipinas, said there was no clear accessory penalty written in the dispositive portion of the decision of the Court of Appeals on Marcos Jr.' case.

Marcos Jr. is running for president under the Partido Federal ng Pilipinas. 

"The decision of the Court of Appeals is silent on this point. Being a special law and to be precise there is a need to incorporate respondent's alleged perpetual disqualification from holding office under Section 252 of the 1977 Tax Code, in the dispositive portion of the decision of the Court of Appeals," he explained.

Briones also said that if perpetual disqualification was indeed "deemed written" as the petitioners claimed, then Marcos Jr. should have been barred from running for various positions in elections after the 1997 decision.

"For one this is abundantly clear, perpetual disqualification is not "deemed written" in the decision of the Court of Appeals dated 31 October 1997. Because if it were so, the Comelec would not have allowed BBM to run for governor, congressman, senator, vice president and now president of the Philippines," he added.

Briones was referring to the first certification of cancelation petition filed against Marcos Jr. by Fr. Christian Buenafe, et al.

The case stems from Marcos Jr.’s tax case conviction in 1995, which petitioners said should prevent him from running for president, even if the Court of Appeals in 1997 reduced the penalty to a mere fine.

Marcos Jr. earlier argued that the petition has no merit, while alleging the Commission on Elections "lacks jurisdiction" in ruling upon his qualifications.

Seven other petitions have already been filed before the poll body seeking to either disqualify Marcos, cancel his certificate of candidacy, or declare him a nuisance.

His presidential bid is considered so far the most legally-contested in the country's recent election history.

The Comelec is expected to rule on these petitions on Monday, Jan. 17.

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