Petitioners have formally asked the Commission on Elections to reverse the ruling of its 2nd Division that presidential candidate Ferdinand “Bongbong” Marcos Jr. did not commit deliberate material misrepresentation in his certificate of candidacy for the May 9 polls.
Lawyer Theodore Te, representing the petitioners, filed a motion for partial reconsideration before the Comelec en banc asking it to set aside the 2nd Division’s decision denying their petition to cancel the COC of Marcos.
The petitioners also asked the poll body to exclude Marcos’ name from the official ballot.
“An objective reading of the petition will clearly demonstrate that any reference to respondent Marcos Jr.’s disqualification does not constitute a combination of grounds warranting summary dismissal,” the petitioners said.
The petitioners asked to cancel the COC of Marcos for false material representation when he stated in his COC that he is eligible to run for President despite his earlier conviction for not filing income tax returns from 1982 to 1985.
They said that the 2nd Division erred in interpreting the Court of Appeals conviction of Marcos where the penalty of perpetual disqualification from public office was not explicitly stated.
“The penalty was not explicitly written because the CA did not have to do so,” the petitioners said.
Meanwhile, the Supreme Court on Monday issued yet another temporary restraining order (TRO) against Comelec regarding the dismissal of the registration of a party-list organization.
The TRO signed by Deputy Clerk of Court Anna-Li Gombio, by authority of Chief Justice Alexander Gesmundo, gave the Comelec a non-extendible period of 10 days to file a comment on the suit filed by Juan-Pinagkaisang Ordinaryong Mamamayan Para Yumabong (Juan Pinoy).
The group sought a TRO on January 3, questioning Comelec for dismissing its petition for registration on Oct. 12, 2021.
It is unclear yet how party-lists that will win their bids for inclusion in the May 9 polls will be accommodated in the ballots.
