Rappler answers FAQs on Marcos Jr.s’ disqualification cases

CHEERS TO Rappler for its report that explained what may happen if Ferdinand Marcos Jr. is disqualified from running in the 2022 polls. The report cited experts and reviewed legal steps and documents that provided more information and clarity to what is turning out to be the most contested presidential bid in years.

The Commission on Elections (Comelec) is now resolving cases filed against Marcos Jr. As of press time, four petitions –three consolidated into one in the First Division and one in the Second Division– against Marcos Jr. are still unresolved at the division level. The decision should have been released on January 17, as earlier stated by Comelec Commissioner Rowena Guanzon, but will be delayed as some of the staff under one of the Comelec Commissioners tested positive for COVID-19.

Reporter Dwight de Leon listed the following questions:

• Why is Marcos Jr.’s name on the ballot?
• Is the decision of a Comelec division final?
• How long will it take for the Comelec to resolve the cases?
• What if Marcos is disqualified after the printing of ballots, but before the May 9 polls?
• What if Marcos wins the presidency, but is disqualified by final judgment after proclamation?

Citing Comelec Spokesman James Jimenez, the report said that Marcos Jr. remains in the ballot because the cases have not been decided with finality. The report also explained how rulings could be subject to appeal with the Comelec en banc or even the Supreme Court. 

As for how long the decision may take, the report clarified that “there is no deadline” and it may last “as long as it will take.” De Leon then recalled the backgrounds of the members of the en banc, with six of the seven members of the en banc being appointees of President Duterte, some of whom have roots in Davao, or were frat mates of Duterte.

The report also noted that three members –Kho, Guanzon, and Abas– are set to retire in February, leaving the entire en banc to Duterte appointees.

Lastly, if Marcos Jr. is disqualified before the elections, De Leon cited Comelec Resolution No. 10717 and explained how a “kaapelyido” (someone with the same surname) can replace him.

On the other hand, if Marcos Jr. wins the presidency and is later disqualified, “the person who wins the vice presidency in May will succeed him,” De Leon said. He cited a previous case wherein a vice mayor replaced the former mayor. Should that scenario arise, the ultimate decision would still be up to the Supreme Court. The report did not note that the members of the Supreme Court are now all appointees of Duterte.

Media should continue to produce explainers that provide answers to seemingly complex legal issues in a straightforward fashion. This report shows how the law, electoral processes and its procedures are now in urgent need of amendments.