Some of the countries best legal minds are
already making their opinions known, most especially in the politics that we
are having right now.
Last week, a group of concerned citizens asked
the Commission on Elections (COMELEC) to disqualify the former senator Bongbong
Marcos Jr. for seeking the jighest position of the land this coming 2022
national elections.
The group of political detainees and human
rights are banking on the Quezon City Regional Trial Court (RTC) conviction
of BBM in a 1995 tax evasion case.
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| (photo credit to owner) |
In
a very clear and simple way University of Santo Tomas law dean Nilo Divina gave
his opinion that such disqualification move will not hold any merit once evaluated
by the COMELEC.
THE dean of law at the University of Santo Tomas (UST)
believes the attempt to disqualify former senator Ferdinand "Bongbong" Marcos Jr. from running in the 2022
presidential elections will "fail" for lack of merit.
Divina said in a statement on Sunday the petition
"appears to be defective in form and offers insufficient legal basis to
obtain its desired judgment."
The UST dean noted that instead of presenting
factual statements and legal basis to support its claim of Marcos'
ineligibility to run for the presidency, "the narratives of the 57-page
petition lay down invectives in almost all pages against the family of respondent
Marcos."
"It's ad hominem, or an attack against the
character of the respondent, that may weaken the petitioners' position. It is
the law, always, that matters," Divina said. "It is the intent that
invokes the law that often justifies or bungles it. But at the end of the day,
the law remains the law."
The UST Dean is not
the lone legal mind who supports the junking of the disqualification case
against BBM
The Marcos camp said Divina "was the second
legal luminary from illustrious law universities who expressed opinions against
a petition which sought to cancel or deny Marcos' CoC because he failed to file
his income tax returns (ITRs)."
Ateneo University law professor and
former Justice secretary Alberto Agra said the petition has no
basis and is unlikely to move forward.
Agra said it is clear in the Omnibus Election Code that Marcos
was qualified to run for the presidency because there are no shortcomings in
his CoC submission.
"Ang nakalagay sa batas ay kailangan
sentenced, may (What the law states is that there must be a) final judgment of
imprisonment," he said.
Marcos was not sentenced to imprisonment and was only penalized
with a fine, Agra said.
Agra said he is neither Marcos' lawyer nor
supporter, but based on his analysis of the petition, it appeared that the case
is not tax evasion, but simply a failure to file his ITR.
Under the law, to cancel the CoC of any candidate,
he or she must be found guilty and punished with more than 18 months of
imprisonment or be convicted of a crime involving moral turpitude.
One can be convicted of moral turpitude if
immorality or the intention to cheat has been proven, he said.
"Ang tanong ngayon ay 'yun bang hindi pag-file
ng income tax return, 'yun ba ay crime involving moral turpitude? Siyempre
hindi (The question now is, does the failure to file income tax return involve
moral turpitude? Of course not)," Agra said.
Marcos has said he was not afraid of the
disqualification case, believing it was just a form of political harassment.
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