Akbayan says to elevate petition to SC

MANILA (2nd UPDATE) — The Commission on Elections en banc has affirmed the dismissal of disqualification cases against Ferdinand "Bongbong" Marcos, Jr. who cemented a landslide presidential election victory based on partial tallies as of Tuesday.

Voting 6-0-1, the en banc denied the motions for reconsideration that sought to reverse the dismissal of 3 disqualification cases and a petition to cancel the certificate of candidacy (COC) of Marcos.

His former lawyer Comelec Commissioner George Erwin Garcia inhibited from both rulings.

Comelec en banc rulings may be reviewed, reversed or affirmed by the Supreme Court.

The petitions were anchored on Marcos’ conviction for non-filing of income tax returns (ITRs) for taxable years 1982 up to 1985.

HOW COMELEC DECIDED

The poll body said petitioners who sought Marcos' disqualification "failed to raise new matters" that would warrant the reversal of the cases' dismissal.

"Stripped of non-essentials, the instant Motions for Reconsideration merely contain rehash of Petitioners' assertions and arguments before the Commission (Former First Division)," the ruling said.

It said the first division earlier settled that the penalty of perpetual disqualification came into force only upon the effectivity of Presidential Decree No. 1994 in January 1986.

The penalty "cannot be applied to Respondent's tax violations committed before the effectivity of the said law."

And while petitioners insist that Marcos was sentenced to 18 months of imprisonment, "it is nowhere to be found in the Decisions of the RTC of Quezon City and CA (Court of Appeals)," said the Comelec.

"Lest Petitioners forget, this Commission is not even vested with the power to review such ruling," said the poll body.

"Next, Petitioners repeatedly argue that Respondent was convicted of a crime involving moral turpitude. This was already settled logically by the Commission (Former First Division) by applying jurisprudence discussing the concept and definition of moral turpitude," it added.

• EXPLAINER: Comelec ruling on consolidated disqualification cases vs Marcos

In resolving the COC case, the en banc also cited a similar reason.

“A careful review Of the Motion for Partial Reconsideration reveals that it failed to raise new matters or issues that would warrant the reversal Of the Assailed Resolution. We find no cogent reason to disturb the findings of the [Second] Commission," it said.

WHAT MARCOS CAMP SAYS

The Marcos camp said it was "happy" with the Comelec decision.

"We have always believed that the poll body will stay true to its mandate to deliver a fair, honest and credible elections, including the dismissal of unmeritorious and politically-motivated petitions such as these," said Marcos's spokesman Vic Rodriguez.

"The unanimous En Banc decision has proven, once and for all, that no amount of undue political pressure can weaken the resolve of the honorable Commission to be on the side of truth and justice," he said in a statement.

AKBAYAN TO ELEVATE PETITION TO SUPREME COURT

Akbayan, which was among the petitioners on Marcos Jr's disqualification cases, described the poll body's decision as a "catastrophe for the country's electoral democracy."

The party-list group said it would elevate its petition to the Supreme Court.

"We will pursue this case to its logical and just conclusion. We know that the law is on our side. We will not allow Marcos Jr. to sleep soundly," Akbayan said in a statement.

With more than 97 percent of election results transmitted, Marcos had secured some 30.9 million votes, more than double the tally of his nearest rival Vice President Leni Robredo, based on partial unofficial tallies as of 1:32 p.m.

Visit the ABS-CBN News Halalan results page to see the partial unofficial tally of election returns.

For other updates, visit ABS-CBN News' live blog here.

Watch more News on iWantTFC