Marcos Jr. denies material representation, asks Comelec to dismiss petition vs. COC

The camp of former senator and presidential aspirant Ferdinand “Bongbong” Marcos Jr. has submitted before the Commission on Elections its first response to the petitions calling for the cancellation of his certificate of candidacy (COC).

According to Joseph Morong’s “24 Oras” report on Friday, Marcos Jr.'s camp answered the petition based on alleged material misrepresentation since he declared that he had not been convicted of an offense carrying a penalty of perpetual disqualification from public office.

The group of Martial Law victims said in their petition that Marcos was convicted for failure to file his income tax returns in the 1980s. The Court of Appeals affirmed Marcos Jr.'s conviction in 1997. 

Marcos Jr.'s camp stated that 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.

These include the candidate's statement that he is eligible to run, political party, civil status, birthday, and profession among others.

“It is relevant and the commission can take judicial notice that respondent had previously elected to several elective positions in the government. The respondent has all the qualifications of a president under Section 2, Article 7 of the Constitution,” Marcos Jr.'s lawyers said.

“What is clear is and certainly beyond dispute is that the CA decision does not, and no inference can be made from its decision that the appellant, BBM (Bongbong Marcos) in this case, has been found by the CA of committing a crime involving moral turpitude,” the reply added. 

Theodore Te, counsel for the petitioners, said they have not yet received the submitted document.

“We have not received anything. Will wait to read it,” Te said.

The Comelec will hold a preliminary conference on the petition on November 26.— Richa Noriega/NB/VBL, GMA News