Comelec flays BBM accusers for ‘misrepresentation,’ deception

THE Second Division of the Commission on Elections (Comelec) which last January 17, 2022, threw out the petitions calling for the cancellation of former senator Ferdinand ‘Bongbong/BBM’ Marcos’ certificate of candidacy (CoC), also did not minced words in flaying the petitioners for trying to “deceive” the poll body into granting their request.

Based on portions of the decision, the camp of Marcos the next day, January 18, 2022, pointed out that the petitioners, headed by former Supreme Court spokesperson, Theodore Te, was even called “shameless” by the poll body for using a provision of the National Internal Revenue Code (NIRC) that has no relevance to their allegation that he was ‘guilty’ for not filing his income tax return (ITR) as enough basis to cancel his CoC.

“Petitioners shamelessly cited a certain provision denominated as Section 254 of the 1977 NIRC which they alleged such provision punishes those who fail to file an ITR (income tax return) fine of not less than P10,000 ‘and’ imprisonment.”

“However, a careful reading of the actual Section 254 of the 1977 NIRC shows that it refers to rentals and royalties and mineral lands under lease,” the decision reads.

The misrepresentation made by the petitioners on Section 254 of the NIRC to make it appear that imprisonment is mandatory punishment “reeks of deliberate intent to deceive or mislead the Commission,” the ruling added.

Marcos’ camp also added that the poll body did not simply dismiss by unanimous vote the petition to cancel his CoC “but went ahead to discuss what it described as a deliberate attempt by the petitioners to deceive the poll body.”

“Since the instant petition, which is one for cancellation or denial of due course of a CoC invoked grounds for disqualification, the instant petition should be summarily dismissed,” said First Division chair, Commissioner Socorro Inting.

“We shall nevertheless relax compliance with the technical rules of procedure and proceed to discuss the merits if only to fully and finally settle the matter in this case because of its paramount importance,” added.

Commissioners Antonio Kho, Jr. and Rey Bulay concurred with the ruling, which lamented further what it called an “obvious clutching at straws” by the group of Te to convince the poll body to cancel the CoC of Marcos.

“It somehow becomes ironic when we realize the thought that herein petitioners accuse respondent Marcos of misrepresentation while they themselves are guilty of supposed misrepresentations in this very same proceeding,” the ruling pointed out further.