Bongbong not feeling well, skips Comelec hearing on DQ cases

Former senator and presidential aspirant Ferdinand "Bongbong" Marcos Jr. was not able to attend the hearing on the three disqualification cases filed against him before the Commission on Elections (Comelec) on Friday.

The disqualification cases raffled in the Comelec First Division include:

• the petition filed by Bonifacio Ilagan, the Campaign Against the Return of the Marcoses and Martial Law (CARMMA), and religious and youth rights advocates,
• the petition filed by Akbayan Citizens' Action Party, and
• the petition filed by Abubakar Mangelen claiming to be the duly-elected chairman of the PFP and that the CONA issued to Marcos Jr. is “unauthorized, defective, invalid and void.”

Asked by Commissioner Rowena Guanzon on why Marcos cannot attend the hearing even via Zoom, the former senator's legal counsel, Attorney Hanna Barcena, said Marcos is not feeling well. She said she has been given full authority to represent him.

"He is not feeling well and he cannot go in today's videoconference," Barcena said.

But Guanzon said Marcos still needs to be present even via Zoom even though he is on quarantine. She warned of the consequence of Marcos' absence in the hearing as she stressed that he was summoned to attend it.

"Do you know the consequence under the rules if your client is not present during preliminary conference? It will be submitted for decision without his evidence," Guanzon told Barcena.

"Maybe he can be on Zoom so I can see him on video and if he's not feeling too well and he wants to leave the scene, it's fine as long as the screen is open," she added.

I want to see him because you don't have medical certificate so I want to see him on video."

Friday's hearing was delayed as the division waited for Marcos' medical certificate.

Attorney Vic Rodriguez, Marcos' spokesperson, said the presidential aspirant is currently in isolation after he got exposed to two individuals who were tested positive for COVID-19.

"Bongbong Marcos was initially exposed to his chief security, who is confined in one of the isolation/quarantine facilities since last Tuesday and subsequently to me. I was tested yesterday morning and the result came out early today and I'm positive for COVID," Rodriguez said in a separate Viber message.

In the later part of the deliberations, a medical certificate from Marcos' physician was presented and read. It stated that Marcos was visited by his doctor on Thursday after experiencing a "painfully congested throat."

"Upon examination, he had a temperature of 37.8 degrees Celsius and his throat was swollen. He reportedly had direct contact with at least two individuals who later tested positive [for COVID-19]," the medical certificate read.

Guanzon then asked: "He cannot appear on video even if he doesn't speak just so his presence can be noted?"

Barcena responded: "Yes, Your Honor, because we are afraid that he might cause the spread of the virus."

Guanzon tasked the camp of Marcos to submit their manifestation within 24 hours together with his medical certificate.

The Commissioner also directed the camp of Ilagan and Akbayan to submit their memoranda within 48 hours. The case of Mangalen against Marcos was not heard due to the petitioner's failure to appear in the hearing.

Mangalen's petition is already up for resolution.

The petitions of Akbayan and Ilagan and allied groups argue that the four violation of Tax Code convictions of Marcos handed by the Court of Appeals carry a penalty of perpetual disqualification from public office, among others, since the violation was committed when he was governor of Ilocos Norte from 1982 to 1985.

The petitioners cited Section 252 of the Tax Code, which provides that the maximum penalty prescribed for the offense of violating Tax Code for public officials and employees is dismissal from public service and perpetual disqualification from holding any public office.

Ilagan, convenor of CARMMA, said they trust that the Comelec would "uphold truth, justice, and integrity to safeguard the sanctity of the upcoming elections especially against those who seek to bastardize it."

"Allowing Marcos Jr. to run will be a mockery not only of the elections but of our nation’s history, our democracy, and our hard-won rights and freedoms," Ilagan said in a press release.  —KBK, GMA News