At least four petitions have been filed before Comelec to stop former senator Bongbong Marcos' candidacy for president, setting up potential roadblocks to his family recapture of Malacanang.
Two of the pleadings seek to cancel his certificate of candidacy or COC, one seeks to disqualify him from running while the fourth is asking Comelec to declare the only son and namesake of the late dictator Ferdinand Marcos a nuisance candidate.
The petitioners said Marcos Jr. is ineligible to run for public office as he was convicted of failure to file income tax returns in 1995, which carries a penalty of perpetual disqualification from holding any government post.
What are the challenges to Marcos' candidacy?
First petition seeks to cancel Marcos candidacy
Civic groups representing political detainees, human rights and medical organizations asked the Comelec on Nov. 2 to cancel Marcos Jr.’s COC, citing the tax case, which his office claimed was not tantamount to tax evasion.
They alleged that Marcos Jr. was ineligible to run for any public office as a Quezon City court in 1995 found guilty of failure to file income tax returns from 1982 to 1985.
Under the National Internal Revenue Code, any person convicted of a crime under the tax law will be "perpetually disqualified from holding any public office, to vote and to participate in any election."
The petitioners also claimed that Marcos Jr.'s certificate of candidacy contains "multiple false material representations” when he claimed that he was eligible to run for president despite being disqualified to do so.
Marcos Jr. and his camp dismissed the petition as politically motivated, one that they had been expecting to come as the former senator sought the highest position in the land.
“Hindi ako natatakot, hindi ako aatras, hindi ako magwi-withdraw. Patuloy lahat ang aking gagawin. Hindi ako mag-slide down. Patuloy lang ang aking kandidatura," Marcos Jr. said of the complaint.
Second pleading seeks his disqualification
Another petition against Marcos was filed on Nov. 17 seeking to disqualify him from running for president, citing the same grounds in the first petition for the cancellation of his COC.
Martial law victims and survivors led by the Campaign Against the Return of the Marcoses and Martial Law, in their petition, also raised that Marcos Jr. was ineligible to run for public office due to his tax evasion conviction, that he committed false material representations in his COC.
Although Marcos Jr. ran for public office in the past, former Bayan Muna Rep. Satur Ocampo, one of the petitioners, said "this does not mean it can't be raised anymore."
Another petition seeks to cancel his COC, fourth wants him declared a nuisance
The Comelec said a second petition for COC cancellation against Marcos Jr. by one Tiburcio Villamor Marcos, who also filed his candidacy for president in the 2022 elections.
A petition to declare Marcos Jr. as a nuisance candidate was also field by a certain Danilo Lihaylihay, the poll body said. The Comelec didn’t provide additional details about these two petitions.
How will the Comelec resolve the petitions against Marcos?
Petitions to cancel COC and to disqualify a candidate are covered by different grounds, Comelec spokesperson James Jimenez said.
A petition to cancel COC may be filed by any party against a candidate on the exclusive ground of material misrepresentation in the COC, as was alleged in the two petitions against Marcos Jr.
A petition for disqualification, on the other hand, may be filed against a candidate on the ground that he or she does not possess all the qualifications or has committed any act that disqualifies him or her from running.
Resolving a petition for COC cancellation involves four major steps, according to Jimenez:
- Step 1: Cases will be raffled to either division of the Comelec
- Step 2: Summons will be issued and served; respondents will have five days to file their answer
- Step 3: Pre-conference will be held; parties will be given three days to submit their respective memoranda
- Step 4: Matter will be deemed submitted for resolution
In Marcos Jr.’s case, the first petition for COC cancellation filed against him has been raffled to the Comelec second division. Summons had been issued on Nov. 11, but the division had granted the request of the Marcos camp to extend the deadline for the filing of their response for five days.
The pre-conference to hear the first COC cancellation petition is set for Nov. 26.
Marcos has tapped lawyer Estelito Mendoza for his defense. Mendoza had previously represented former President Gloria Macapagal-Arroyo and Sen. Bong Revilla, and got both of them acquitted for plunder.
If the Comelec ruled to cancel Marcos’ COC, then he cannot be substituted by another person. If the petition for disqualification was granted, Marcos can only be substituted by another aspirant with the same surname since the period for candidacy substitution had lapsed last Nov. 15.
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