Presidential aspirant former senator
Ferdinand MarcosJr., may just gained an ace in his defense for all the disqualifications
he is facing before the 2022 national elections.
Former Chief Justice Artemio
Panganiban has shared Supreme Court jurisprudence that could bolster the
defense BBM in legal battles to take him out of the 2022 elections.
Panganiban
writes a column in the Philippine Daily Inquirer (PDI), last February 6 wrote
that the Supreme Court ruled in Republic v. Marcos II in 209 that Marcos’
failure to file his income tax returns (ITRs) from 1982 to 1985 isn’t a crime
involving moral turpitude.
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| (photo credit to owner) |
Quoting the Supreme Court’s decision
in the case, Panganiban said failure to file ITRs “is not a crime involving
moral turpitude as the mere omission is already a violation regardless of the
fraudulent intent or willfulness of the individual.”
The former Supreme Court magistrate
that a person convicted of an offense involving moral turpitude cannot be an
executor or administrator of a decedent’s estate under the Rules of Court.
“Some may disagree with, even rage
against, this cryptic explanation but as long as it is not reversed, or
modified, or clarified to be merely an obiter dictum (or a side comment) by the
Supreme Court en banc, lower courts and quasi-judicial agencies like the
Comelec are duty-bound to follow it,” Panganiban said.
Marcos is facing cases seeking either
his disqualification or the cancellation of his COC over his failure to file
his ITRs.
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