Comelec denies motion to recall extension of deadline for Bongbong camp to answer petition vs. COC

The Commission on Elections (Comelec) 2nd Division has denied the motion to recall the poll body’s order extending the deadline for former senator Ferdinand “Bongbong” Marcos Jr.’s camp to answer the petition seeking to cancel his certificate of candidacy for president.

In a three-page order signed by Comelec Commissioner Socorro Inting on November 23, the 2nd Division, citing Section 4, Rule 1 of the 1993 Comelec Rules of Procedure, said it has the “authority to suspend the reglementary periods” provided by the poll body’s Rules of Procedure “in the interest of justice and speedy resolution of cases before it.”

“Under this authority, the Commission is similarly enabled to cope with all situations without concerning itself about procedural niceties that do not square with the need to do justice, in any case without further loss of time, provided that the right of the parties to a full day in court is not substantially impaired,” the order read.

The Comelec division also cited a Supreme Court jurisprudence in the case of Fernandez vs. Agoncillo, where a part of the ruling stated that: “Technicality and procedural imperfection should, as a rule, not serve as bases of decision. In that way, the ends of justice would be served.”

Furthermore, the Comelec 2nd Division stressed that it is important for contending parties to “ventilate their respective claims, present their arguments and adduce evidence” to support their position.

It added that the petitioners “suffered no damage” as the Marcos camp filed their answer on November 19 or three days before the expiration of the extension.

“As mentioned in the assailed Order, there was a justification found in the Motion. Verily, in the exercise of its power to suspend its rules under the provisions of Rule 1 Section 4 of the COMELEC Rules of Procedure, in the interest of justice and the significance of the case at hand, the Commission (Second Division) deems it proper to allow both parties to be heard,” the order further read.

The petitioners—among them human rights advocates and Martial Law survivors —said Marcos lied in his COC since he has been convicted with four counts of violating the Tax Code by the Court of Appeals due to his failure to file income tax returns from 1982  to 1985 when he was a public official of Ilocos Norte.

Under the Tax Code, such offense made by a public official provides a penalty of perpetual disqualification from public office.

In its first response to the petitions, Marcos' camp said there was no material misrepresentation if the basis was information stated in the COC of a candidate under the Section 74 of the Omnibus Election Code.—Hana Bordey/AOL, GMA News