THE First Division of the Commission on Elections (Comelec) yesterday dismissed the consolidated disqualification cases against Partido Federal ng Pilipinas standard-bearer Ferdinand “Bongbong” Marcos, Jr.

In a 41-page resolution, the First Division, presided by Commissioner Socorro Inting, with Commissioners Antonio Kho and Rey Bulay as members, unanimously dismissed the consolidated cases for lack of merit. Kho submitted a separate opinion.

The consolidated case were the petitions of Bonifacio Ilagan, Abubakar Mangelen, and Akbayan.

The division pointed out that the objective of prescribing disqualifications in the elections laws and special laws is to prevent the convicted criminals and the undeserving from running and being voted for and that the right of the state to deprive a person of the right of suffrage by reason of their having been convicted of a crime is beyond question.

“The manifest purpose of such restrictions upon this right is to preserve the purity of elections. The presumption is that one rendered infamous by a conviction of a felony, or other base offense indicative of moral turpitude, is unfit to exercise the privilege of suffrage or to hold office,” it said.

However, the First Division warned that deprivation of one’s right to be voter for in any election should not be exercised whimsically and capriciously.

It added that as the institution vested with the constitutional duty to “enforce and administer all laws” relating to the conduct of elections, the poll body must render judgement without bias and partiality.

“We recognize that the resolution of this instant case is of paramount importance, considering that the 2022 NLE is fast approaching. However, the deprivation of one’s right to be voted for in any election should not be exercised whimsically and capriciously, lest we will be preventing qualified candidates from pursuing a position in public office. Wherefore, premises considered, the Petitions are hereby dismissed for lack of merit,” the resolution read.

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.

They noted that in 1995, a Quezon City court convicted Marcos for not filing his income tax return from 1982-1984. The conviction was upheld by the Court of Appeals but removed the imprisonment sentence.

Marcos, they said, did not appeal the ruling.

Meanwhile, Atty. Vic Rodriguez, Marcos’ Chief of Staff and Spokesperson, commended the Comelec for upholding the law.

“We again commend the honorable members of the Comelec’s 1st Division for upholding the law by dismissing cases that we have long described as nuisance petitions,” he said.

“While we call on this seemingly misguided segment of our society to stop spreading lies against presidential candidate Bongbong Marcos, we nonetheless extend our hands of unity and continue with our call for them and every Filipino to join us in shaping a better and united future for our people. Tama na ang away, tama na ang bangayan, sama-sama natin harapin ang bukas na may taglay na pag-asa at pagkakaisa,” he added.