On COMELEC letting Marcos Jr. get away

Scientia
Scientia
Published in
4 min readFeb 25, 2022

Editorial

Cartoon by Ramone Tumonong

After weeks of controversy, the Commission on Elections 1st Division junked three disqualification cases against Ferdinand “Bongbong” Marcos Jr., yet removing another impediment in his bid for presidency. Rowena Guanzon, the lone commissioner not appointed by Duterte, did not mince words when she publicly expressed her vote to disqualify Bongbong early in January. This was to no avail, as commissioners Aimee Ferolino and Marlon Casquejo released the decision long after Guanzon’s retirement. This messy twist-and-turn of events, which eventually favored Bongbong, has raised doubts on the impartiality of COMELEC and the coming national elections.

The 41-page resolution was penned by Ferolino, where she justified how Bongbong’s non-filing of tax returns “is not inherently wrong in the absence of a law punishing it.” There is, however, a law punishing this. The Tax Code is the reason Marcos Jr. is convicted on finality for neglecting four-years worth of taxes. It could not pass as an honest mistake, as he himself was Vice Governor then Governor of Ilocos Norte, moreso son of the President, during those years. Even elementary students know that paying taxes is a duty of a Filipino citizen, yet here comes a high-ranking lawyer who says not doing so is not that bad.

The ponente proceeds to justify that disqualification should not be considered “whimsically and capriciously” to the point where qualified candidates get barred from public office. This statement just proves that Ferolino simply turns a blind eye to the context of this matter. It is not said enough–Bongbong is the son of the late dictator, Ferdinand Marcos, who is responsible for over a hundred thousand human rights violations and $683-million worth of ill-gotten wealth. These are the facts that Marcos Jr. denies up to now. Returning the funds to the Filipino people is certainly not on their to-do list. Hence, it is ignorant at best and deceitful at worst for his lawyers to defend that he was “not motivated by any ill will” when he did not file his Income Tax Returns. One can argue that Marcos’ sins cannot be inherited by the son, but the money, connections, and intention to corrupt likely are.

Frankly, convicted criminals successfully running for public office is not uncommon in the country. There are the likes of Estrada and Arroyo with pending or pardoned cases who are technically allowed by the law to run. They navigate through the loopholes of the system, delaying legal processes and winning votes via popularity. Once they wield enough power, the court can easily be swayed to their favor. A notable example is Romeo Jalosjos, who was convicted of child rape while in office. He got re-elected, eventually pardoned by Arroyo. Nobody dared to stand up to that injustice then, but now, a multitude of civil groups have filed disqualification cases against Marcos Jr., fearlessly facing political giants that seem to evade justice for sport. Akbayan, one of the petitioners, has pledged to continue the fight “to the very end,” unfazed by the ruling of the 1st Division. In the case that the COMELEC en banc and Supreme Court still rule the petitions void, the government once again proves that the rich and powerful can get away with anything. Marcos Jr. already thinks so, and will continue believing so especially if he becomes president.

Does it matter? This democracy will let the people choose our rightful leader, they say. The issue lies in the already questionable playing field set out in the coming polls. Dirty and popularist strategies are common sights in every election season that they are thought to be perfectly normal. It is downright distressing to even think that a supposedly independent poll body is faced with pressures from big politicians. This pattern will repeat itself again and again if a presidential candidate with a clear history of moral turpitude — legal jargon meaning unethical — is enabled.

Simply trusting the vote to the people is not the democratic solution that it sounds like. It is lazy and it sets the Filipino people up for defeat. A citizen’s responsibility to vote wisely just becomes a loaded burden when the authorities, tasked to check qualifications and maintain fairness, fail to do their jobs in the first place. Looking back at the publicized conflict between commissioners, COMELEC already failed to handle the disqualification pleas cleanly. How they take this issue forward will then be indicative of their commitment in “protecting the sanctity of the ballot.”

Much can still unfold as Bongbong’s cases proceed to the next steps. Definitely, this is not the time to give any less attention to election matters. What will serve the nation’s best interest is just and swift action from authorities: (a) just, in that the next decisions are crafted free of inherent biases and political influence, with adherence to the hard facts and (b) swift, so the legal proceedings are not simply set aside and allowed to rot until the perceived public forgets. This can only happen with enough pressure from the masses and media. Keep the conversation going. Stay up-to-date. Get organized. Our keen eye and relentless will to demand justice are crucial in stopping a convicted, corruption-enabling son-of-dictator from emerging to power.

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Scientia
Scientia

The official student publication of the College of Science, UP Diliman.