A ‘sword’ over Marcos

By Herbert Vego

IF you have not heard about the “sword of Damocles” yet, it is defined as “a sense of impending doom, the feeling that there is some catastrophic threat looming.”

This, I guess, is the situation where “presumptive president” Ferdinand Marcos Jr. finds himself under because of two petitions filed against him, asking the Supreme Court (SC) to “cancel and declare void ab initio his certificate of candidacy for President”.

Both petitions – filed separately in their clients’ behalf by former SC spokesman Ted Te and practicing lawyer Howard Calleja – challenge the Commission on Elections’ (Comelec) decision refusing to disqualify presumptive president Ferdinand “Bongbong” Marcos Jr.; and ask Congress to refrain from proceeding with the canvassing of votes for President and Vice President.

In addition, the Calleja petition asks that the qualified candidate with the highest number of votes, outgoing Vice President Leni Robredo, be declared the next President of the Philippines.

The Comelec, in its February 2022 en banc ruling, had maintained that failure to file income tax returns is not inherently wrong and does not constitute moral turpitude.

The moment the SC grants the prayers sought by the petitioners, it’s because, as ruled by a Quezon City trial court, he had not filed income tax returns for four years, hence guilty of moral turpitude and thus disqualified from running and holding a government position in accordance with the 1977 Tax Code (Section 286).

Moral turpitude is an act contrary to justice, modesty, or good morals.

If the SC disqualifies Marcos ab initio, it’s as if he has never been a candidate for the position won. And so his victory could be voided and awarded to the second placer.

If the SC disqualifies Marcos ab initio, it’s as if he has never been a candidate for the position won. And so his victory could be voided and awarded to the second placer.

In a previous column, I cited the case of Maquiling vs. Comelec (G.R. No. 195649) which nullified the victory of Rommel Arnado for mayor of Kauswagan, Lanao del Norte for being a dual citizen (Filipino-American), giving way to contender Casan Maquiling as the winning candidate.

Comparing that precedent to the May 9, 2022 presidential election, a ruling by the Supreme Court granting the petitioners’ petition would be favorable to “runner-up” Leni Robredo.

The Comelec’s bias stems from its being composed of commissioners who had all been appointed by President Rodrigo Duterte, and Marcos’ vice-presidential running-mate is his only daughter Sara.

As regards the present composition of 15 SC justices, 13 are Duterte’s appointees.  Only two associate justices – Marvic Leonen and Benjamin Caguioa – are appointees of the late President Benigno Aquino III. In that case, the majority could be as “prejudiced” against Robredo as the Comelec seems to be?

This leads us to another school of thought, which is why we view Marcos’ win as a “sword of Damocles” threatening to fall down on him.

Events prior to the October 8, 2021 deadline for the filing of certificates of candidacy (COC) had indicated the Duterte camp’s plan to install Sara as administration candidate for president.
Remember those “Run, Sara, run” streamers and billboards planted by the roadsides as early as the last quarter of 2021? There were such streamers showing her with either Senators Bong Bo or Win Gatchalian.

If my informant was guessing correctly, the original intention was for her to run for president, and any of the two for vice-president. Obviously, it was because President Duterte could not run for a second term but could “extend” it through his daughter.

On deadline day, however, it was Senators Ronald “Bato” dela Rosa and Bong Go who unbelievably filed COCs for the top two posts, respectively.

There were also speculations at that time that an arrangement was being hatched for Sara to run for president with Bongbong as running-mate for vice-president. In the end, however, Bongbong could not be swayed and insisted it should be the other way around.

But now as the “uniteam” prepares to assume office, we see kinks affecting their “unity.” The presumptive vice-president had hoped to be appointed secretary of the Department of Defense, but Marcos is reportedly inclined to appoint her to the Education Department.

This sounds understandable; any head of state could not survive without the loyalty of the military.

Going back to the SC petitions, there is another school of thought that if the SC disqualifies Marcos after he and Sara would have assumed office, the latter would take over in accordance with the rule on succession. The general rule is that whenever the president dies or incapacitated, the vice-president takes over.

But then, does “moral turpitude” constitute physical or mental incapacity?

Meanwhile, VP Leni, who has gone to New York City in time for the college graduation of daughter Jillian, seems to be more interested in probing and proving election frauds that resulted in a lopsided 31 million Marcos votes against her 14 million.

Maritess, by the way, remains unconvinced that Robin Padilla topped the senatorial race, and that only one in the opposition ticket, Riza Hontiveros made it to the magic 12.