THE Commission on Elections’ (Comelec) Second Division dismissed the petition to cancel the certificate of candidacy (COC) of Partido Federal ng Pilipinas presidential bet Ferdinand “Bongbong” Marcos Jr. for the 2022 elections.

In a 32-page resolution penned by Commissioner Socorro Inting, the division said the petition filed by Christian Buenafe, et al, against Marcos actually contained arguments for disqualification, hence it merited summary dismissal.

Comelec Spokesperson James Jimenez said the division also discussed the allegations raised by the petitioners even if the case could have been summarily dismissed.

On the petitioners’ allegation that Marcos committed material misrepresentation in his COC, the division, in its unanimous decision, held that Marcos did not commit misrepresentation when he checked the box to indicate that he had no disqualification.

“The CA (Court of Appeals) decision on the tax case did not contain any disqualification. The National Internal Revenue Code of 1994 did not apply to the case because that would have resulted in the retroactive application since the said law only took effect in 1996 while the cases involved in the case were ‘82, ‘83, and ’84. When Marcos checked that he has no disqualification, it was not a misrepresentation,” Jimenez said, citing the resolution.

Jimenez further added that the division further found that there was no deliberate attempt to mislead the commission, contrary to the allegations of the respondents

“Consequently, the representations of Respondent Marcos Jr. in his certificate of candidacy that he is eligible to be elected to the office of the President of the Philippines and that he has not been found liable for an offense which carries with it the accessory penalty of perpetual disqualification from holding public office are NOT FALSE,” the Comelec division said.

The poll body spokesman also said the division likewise noted that failure to file an income tax return is not a crime involving moral turpitude

“Thus, there is no legal justification to deny due course to or cancel the certificate of candidacy of Respondent Marcos Jr.,” the resolution said.

In a related development, the camp of Marcos thanked the Comelec for upholding the law and the right of every bona fide candidate like BBM to run for public office free from any form of harassment and discrimination.

“The petitioners’ mere creativity for writing and wanting what is not written in the law as basis to cancel the certificate of candidacy of Presidential Aspirant Bongbong Marcos is way too frivolous and unmeritorious to override the basic precepts of the Constitution. After according the petitioners’ right to have their day in court where their case was fully heard and ventilated, the Comelec has unanimously spoken — the petition to cancel the certificate of candidacy of Bongbong Marcos was denied,” lawyer Vic Rodriguez, Marcos’ chief of staff and spokesman, said in a statement.

“We extend our hand of unity even to the fiercest of adversary and invite them to work together in ensuring a clean, fair and credible elections as our initial collective contribution towards nation building for the future of our people, the Filipino children and the youth, and for our beloved Philippines to move forward,” he added.