CARMMA on dismissal of DQ case vs. Bongbong: Dismayed but not surprised

Dismayed but not surprised.

This was the reaction of Campaign Against the Return of the Marcoses and Martial Law (CARMMA) on the Commission on Election First Division's dismissal of the disqualification case filed against presidential candidate Ferdinand "Bongbong" Marcos Jr.

According to CARMMA, it is utterly ridiculous for Commissioners Aimee Ferolino and Marlon Casquejo "to dismiss our petitions for lack of merit.” The group is among the petitioners which seek to disqualify the former senator in the coming elections.

"This cop-out of a decision only raises more doubts after the delays in its release —especially after former Commissioner Rowena Guanzon revealed that 'powerful' figures were working to delay the promulgation of the ponencia after Guanzon’s retirement. The exclusion of her separate opinion to disqualify Marcos Jr. in the decision only affirms these malevolent efforts," CARMMA said.

Ferolino, Casquejo sided with 'brazen lies'

CARMMA said it took exception to the First Division’s ruling that Marcos' sentence to pay fines "does not fall under the instances for disqualification, and that his failure to file tax returns is not inherently wrong in the absence of a law punishing it.”

Ferolino penned the 41-page ruling that indicated that Marcos' failure to file income tax returns in 1982 to 1985 was not a crime which involved moral turpitude, noting that it was neither immoral nor did it involve fraud.

The group said Marcos' own camp even admitted during the preliminary conference that "he did not pay before court the fines which were imposed upon him when he was found guilty of failure to file his income tax returns."

"Such intent undeniably demonstrated a crime involving moral turpitude, and Marcos Jr. should be disqualified. By allowing him to run as president in the upcoming elections, Commissioners Ferolino and Casquejo have sided with the brazen lies and crimes of the Marcoses," CARMMA said.

CARMMA continued to assert that a convicted criminal should not be allowed to run for any public office, especially the highest and most powerful position in the land.

"Those who espouse 'unity' and do not acknowledge accountability for their high crimes against the people are the real nuisance and swindlers in this country," it said.

"Unity without justice is just impunity. Genuine love for country means rejecting dictator wannabes and defending our rights and freedoms," it added.

Meanwhile, lawyer Howard Calleja, counsel for some petitioners, also said the decision came as a no surprise. He said they would continue to exhaust all legal means on the matter.

"Sadly, the decision does not put the disqualification to a close, but further cast doubt not only on the case but on the Comelec as well," Calleja said.

"At this point, we will continue to exhaust all legal remedies to bring out the truth, attain justice, and bring the issue to the proper legal conclusion it deserves," he added.

GMA News Online reached out to Ferolino and Marcos' camp for comment.

Reconsideration

Former party-list representative Etta Rosales said her group will seek reconsideration of the decision of the First Division.

Rosales is chair emeritus of Akbayan, one of the petitioners in the Marcos disqualification case.

"We will file a motion for reconsideration of the decision of the Comelec First Division," she said in a statement.

"I continue to trust the Comelec that it - I hope - will  perform its duty of upholding electoral democracy, a fundamental pillar of our government that we won when we toppled the dictatorship of Marcos Jr.'s father. It is precisely this trust that has dismayed me when the decision dismissed facts that were self-evident," she added.

Rosales chided Marcos' lawyer, Vic Rodriguez, for not recognizing "common sense and simple logic."

She explained: "Marcos Jr. was convicted with finality for repeatedly refusing to file his income tax returns, depriving the government of the opportunity to ascertain the correct taxes due from him —the same government that he swore to serve as a governor and the same government that his dictator father ran."

"It was an offensive display of his utter disregard for the laws that apply to everyone else. Clearly, this is moral turpitude. He is a lawyer and he knows this," she added.

GMA News Online sought the response of Rodriguez on the statement but has yet to receive it as of posting time.

Respect decision

Rodriguez, spokesperson of Marcos, urged CARMMA and other petitioners to "show love of country by respecting our judicial and quasi-judicial bodies and end peddling lies through a clear abuse of our court processes."

He said that it is in the decision of both the First and Second Division of the Comelec that "petitioners Fr. Buenafe, Fides Lim, Ilagan, Akbayan, Etta Rosales et.al. were the ones found lying not once, not twice but many times."

"The Comelec took the occasion to state that petitioners deliberately cited an inapplicable provision to mislead and confuse the First Division and reminded them to refrain from quoting wrong provision of the law just to fit their narrative," he said.

On the tax issue, he also urged them to revisit the ruling of the Comelec Second Division where it categorically stated that Marcos was acquitted of the non-payment of tax deficiency charges and was only meted a penalty for non-filing of his ITRs for years 1982 to 1985.—with Joviland Rita/Sandra Aguinaldo/AOL, GMA News