Here are some highlights in the ruling: “In essence, the Comelec agreed with the petitioners that the representations made in Item 11 and Box 22 of the COC of Marcos Jr. are material but disagreed that they were false; in the process, the Second Division ruled that there was no ground to cancel Marcos Jr.’s COC on the ground of material misrepresentation,”
In resolving the petition, the Comelec division said they cannot “agree with Petitioners’ theory that Respondent’s convictions for failure to file [ITRs] for taxable years 1982 to 1984 render him perpetually disqualified from holding any public office, to vote and to participate in any election for the simple reason that to do so would violate the Constitutional proscription against ex post facto laws.”
“The CA Decision is correct for not imposing on herein Respondent the penalty of perpetual disqualification from holding any public office, voting, participating in any election. There was no error in judgement as the CA Decision was in accord with the law in force at the time of commission of violations,” the ruling read.
“Since Respondent was not meted the accessory penalty of perpetual disqualification from public office, it cannot be rightfully said that he committed a false misrepresentation when he answered in the negative to the question in Item No. 22 of his COC. In like manner, when Respondent declared in Item No. 11 of his COC that he is eligible for the office for which he seeks to be elected to, he was essentially speaking the truth,” it added.
“It is clear therefore that when Respondent replied ‘No’ to the question in Item No. 22 of his COC, he did so without any intention to mislead, misinform, or hide a fact which would otherwise render him ineligible,” it said.