The petition filed to cancel presidential aspirant Ferdinand Marcos Jr.’s certificate of candidacy (COC) is different from newer petitions filed to disqualify him, said retired Chief Justice Artemio Panganiban.
In his November 28 column for the Philippine Daily Inquirer, Panganiban said Marcos cannot be substituted by another candidate should his COC be cancelled.
“For now, let me just say that if the COC of Bongbong is canceled or denied due course, HE CANNOT BE SUBSTITUTED because such cancellation or denial legally means that the COC never existed. Thus, Bongbong’s votes will not be counted. The candidate getting the highest number of votes, excluding his votes, would be declared winner,” he explained.
Panganiban said petitions to disqualify a candidate could only be granted if the politiko is found to have committed any election offense, as defined by the Omnibus Election Code.
“Disqualification, unlike cancellation of COCs, allows substitution by another candidate from the same political party bearing the same surname,” he said.
A petition to cancel Marcos’ COC was filed in November by human rights activists because of his conviction for tax evasion.
On Thursday (December 2), petitioners led by Akbayan party-list sought the former senator’s disqualification, saying his conviction for tax evasion prohibits him from holding public office.
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