Huling disqualification case ni Marcos, ibinasura ng Comelec 1st Division

ni Lolet Abania | April 20, 2022

Ibinasura ng Commission on Elections (Comelec) First Division ang huling 2022 elections disqualification case laban kay presidential candidate Ferdinand “Bongbong” Marcos, Jr. dahil sa tinatawag na “lack of merit” o kakulangan ng merito.

Batay sa ruling, na nilagdaan nina Comelec Commissioners Socorro Inting, Aimee Ferolino, at Aimee Torrefranca-Neri, na-dismiss ang petisyon na inihain ng Pudno Nga Ilokano (Ang Totoong Ilokano).

“Wherefore, premises considered, the instant petition, is hereby denied for lack of merit,” ayon sa resolution.

Ang mga petitioners sa disqualification case, kung saan nag-ugat ito mula sa conviction o paghatol kay Marcos kaugnay sa tax-related cases noong 1995, ay sina Margarita Salonga Salandanan, Crisanto Ducusin Palabay, Mario Flores Ben, Danilo Austria Consumido, Raoul Hafalla Tividad, Nida Mallare Gatchallan, at Nomer Calulot Kuan.

Ayon sa kanilang petisyon, sinabi ng grupo na si Marcos ay na-convict nang walong beses ng Quezon City Regional Trial Court (QCRTC) Branch 105 noong 1995 dahil sa bigo nitong mag-file ng kanyang income tax returns bilang governor ng Ilocos Norte para sa tinatawag na taxable years mula 1982 hanggang 1985 gayundin, sa kabiguan nitong magbayad ng kaukulang deficiency taxes.

Subalit base sa kanilang ruling, ipinaliwanag ng Comelec division na ang non-filing o hindi paghahain ng income tax returns ay hindi isang krimen na kinasasangkutan ng moral turpitude.

Ayon sa division: “If failure to file income tax return is considered alone, it would appear that it is not inherently wrong. This is supported by the fact that the filing of income tax return is only an obligation created by law and the omission to do so is only considered as wrong because the law penalizes it.”

Ipinunto pa ng division na si Marcos anila, “paid his income tax liability through the withholding system, albeit not in full.”

“Even if his tax liability was not paid in full, the same was not done willfully by respondent (Marcos, Jr.) since, as the CA explained, it is the government's obligation to withhold the income tax of respondent and the latter had the right to rely on the computation of the taxes withheld,” saad ng resolution.

“In the case of respondent, it can be said that the filing of income tax return is only for record purposes, not for the payment of tax liability. He may have been neglectful in performing his obligation, it however does not reflect moral depravity,” batay pa sa resolution.

Binanggit naman ng division na bagaman nabigong mag-file si Marcos ng kanyang ITR nang maraming taon anila, “there is still no tax evasion to speak of as no tax was actually intentionally evaded. The government was not defrauded.”

“The petitioners were ‘gravely mistaken’ when they said Marcos should be disqualified because he was convicted for a crime with a penalty of more than 18 months,” pahayag pa ng division.