Akbayan appeals junking of Bongbong DQ case

Leaders of Akbayan party-list on Tuesday filed a motion for reconsideration on their petition to disqualify presidential candidate and former senator Ferdinand “Bongbong” Marcos Jr. before the Commission on Elections (Comelec).

Akbayan Chair Emeritus Etta Rosales, First Nominee Percival Cendaña, and Second Nominee Dr. RJ Naguit called on the Comelec en banc to reverse the dismissal of the case.

"We cannot allow Marcos Jr. to cheat his way to the presidency. The fight is far from over. Bongbong cannot just sweep this under the rug,” Cendaña said.

This was after the Commission Former First Division dismissed  last week the disqualification case filed against Marcos for "lack of merit."

According to the petitioners, Marcos should not be allowed to run for president because of his conviction for violating the Internal Revenue Code, which carried a penalty of perpetual disqualification from holding any public office.

"His tax evasion conviction and his continuing attempts to deceive the public are stains that won't wash away. These will haunt him throughout the campaign. We will pursue this to the end and ensure a just conclusion to the case," Cendaña said.

BBM camp reacts

Lawyer Vic Rodriguez, spokesman of Marcos, told Akbayan that it should learn how to respect the country's judicial and quasi-judicial bodies.

“Nais lang natin paalalahanan ang Akbayan at si Ms. Etta Rosales sa malinaw ang naging unanimous decision ng Comelec 1st Division na silang mga petitioners ang nagsinungaling," Rodriguez said in a statement.

(We would like to remind Akbayan and Ms. Etta Rosales that the unanimous decision of Comelec's First Division is clear in stating that the petitioners were the ones who lied.)

"Matutuhan sana nilang magbigay respeto sa ating judicial at quasi-judicial bodies at tigilan na ang pang-aabuso sa ating mga korte at hukuman sa pamamagitan ng pagsasampa ng mga kasong pawang kasinungalingan lamang ang linalaman," he added.

(I hope they learn to show respect to the judicial and quasi-judicial bodies and that they should stop abusing our courts by filing cases that were based on lies.)

Akbayan to Comelec

Akbayan, meanwhile, called on the Comelec to include the separate opinion of retired Commissioner Rowena Guanzon on the case, which favored Marcos' disqualification over "moral turpitude."

It also called on Commissioner Aimee Ferolino to recuse herself from the en banc's deliberations as it questioned her credibility and integrity following Guanzon's accusations that she deliberately delayed the resolution of the case.

Akbayan also pointed out that Comelec may have violated its own rules when it issued the decision with only two actively serving commissioners.

"The Comelec's rules provide that a Division shall be composed of three commissioners. As such, the decision issued on the petitions may be void as it was issued by a Division that was not validly constituted, there being only two commissioners left," Cendaña said.

“Had they issued the resolution when the Division was still validly constituted by three Commissioners, then it would have been a valid resolution," he added.

Guanzon retired from the Comelec on February 2, before the resolution of the case.  —with Anna Felicia Bajo/KBK, GMA News