Ferdinand Marcos' PD 1158 is to be blamed on his son's disqualification restoration | Inquirer's opinion

2021-11-25 08:24:22 By : Mr. jingchui wu

If the late President Ferdinand Marcos (Jr., BBM) prepared a torch for his family at the appropriate time after his death, then he seemed to have set his son to arrive at that time without knowing it.

The older Marcos may never have thought that the Presidential Decree No. 1158, issued under martial law in 1977, would appear decades later and bite his son’s ass. advertise

Marcos, who is now running for president, faces an inability to seek any public office qualifications under the decree, which incorporated all the tax laws of 1939 into a compendium called the National Internal Revenue Code of 1977. His father’s PD 1158 gave more support for the non-submission of tax returns and non-payment of taxes. In addition to the penalties that have been implemented, he also imposed "expulsion" and "permanent disqualification" from any public office, and "Vote and participate in any election" means "violation of any provision of this Code" (Section 252-c).

Marcos Jr. was finally convicted only for failing to pay taxes from 1982 to 1985. This is the simplest basis for disqualifying him from running for president. There is no denying this fact. There is no need to force peripheral issues into the process. According to PD 1158, "moral corruption" is not included as a basic element of a crime to guarantee "dismissal" or "permanent disqualification from public office." As a prohibition, the law only punishes non-payment of taxes. On the other hand, the Comprehensive Electoral Code mentions the disqualification of candidates convicted of any other crimes (such as murder and rape) that are “involving moral depravity”. In other words, this is just another reason, if applicable, in addition to and independent of the crimes under the 1977 Tax Law. "Son of God"

Mixing the most feasible grounds for disqualification with various insignificant allegations, thereby expanding the scope of the lawsuit, will only confuse the issues and extend the debate time. Therefore, we are now accepting endless and repeated discussions about whether little Marcos has been convicted for any crimes involving "moral depravity." This question should no longer be part of the conversation.

The Electoral Commission (Comelec) may not even be up to the cumbersome task of removing chaff from the grain. It is already very nervous to prepare for next year's elections, only six months away. The simplification of the problem will leave Marcos Jr.’s powerful lawyers without reasonable grounds for seeking an extension to study and respond to a simple petition—not to mention that Comelec gives the same any leeway. By bending backwards and breaking its own rules that explicitly prohibit such extensions, Comelec may unnecessarily raise the suspicion that it is playing with a popular person who wants it, if not already in the tank.

STEPHEN L. MONSANTO [Email Protection]

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