“…But if you look for truthfulness/You might just as well be blind/It always seems to be so hard to give./Honesty is such a lonely word/Everyone is so untrue.” — Billy Joel
Tuesday, Feb. 8, the Presidential sweepstakes officially started. BBM opened his campaign at the Philippine Arena in Batangas, Isko Moreno in Manila, Ping Lacson in Cavite, Leody de Guzman in Quezon City, Manny Paquiao in General Santos City, and Leni Robredo in Naga City.
Amidst all this fanfare and hoopla, the Philippine electorate seems to have forgotten the critical pending issues of BBM’s disqualification cases.
Even the Comelec seems comfortable with the current distractions away from their deliberations.
And yet, we cannot loosen our guard. We must remain vigilant in holding the Commissioners accountable to their Constitutional Oath.
Thus far, the Commissioners, individually and collectively, have failed in improving its public image over the apparent former Commissioner Rowena Guanzon “boxing out”, as in basketball.
Why it seemed so important to come out with a unanimous “Get Out of Jail Free” card for BBM completely boggles the mind!
Allowing Commissioner Guanzon to express her dissenting opinion for the record would have done so much more for our Constitutional democracy and free expression.
As things now stand, stifling Commissioner Guanzon lends to the glaring impression that either Duterte is exerting his manipulative hand in the whole process (shades of Pharmally!) or the Davao- handpicked Commissioners have no sense of Constitutional independence, and are eager to please their sponsor whether he, in fact, desires it or not.
The all-Duterte Commission seems lost in the current legal puzzle as to whether a tax conviction by a public official, regardless of whether it constitutes a crime involving moral turpitude or not, is permanently disqualified from running for public office.
The facts in BBM’s case are clear: 1)The Internal Revenue Code permanently disqualifies public officials for tax offenses; 2) The Court of Appeals has confirmed his tax conviction, albeit removing the penalty of imprisonment; 3) BBM failed to pay both the deficiency tax and fine imposed by the Court of Appeals which had become final and executory; 4) The penalty of disqualification is an accessory penalty, deemed written into the major penalty of paying a fine, which is mandatory in the Tax Code.
In declaring under Oath that he was qualified to run for the Presidency, BBM committed a Material Misrepresentation in his Certificate of Candidacy, plain and simple!
And yet, the Second Division slipped by under a very thin legal smokescreen: that the Court of Appeals did not expressly include the accessory penalty of perpetual disqualification in affirming BBM’s conviction by the Regional Trial Court.
Incredible as it seems, the Commissioners expect us to accept this flimsy reasoning!
No wonder Atty. Theodore Te wants the members of the Second Division to inhibit themselves from the partial reconsideration by the Comelec en banc.
Moving back to the First Division, the Comelec tried to salvage its tarnished reputation by removing the inexperienced ponente Aimee Ferolino, and reorganizing the membership of the Division.
Still, this reorganization is prospective, and practically defeats the intention of reassuring the public.
So the secret plan to exclude Commissioner Guanzon’s participation came to pass.
The two remaining Commissioners, including Ferolino, were allowed to continue resolving the consolidated cases.
As things quieted down, they delayed their Resolution as far away as possible from Commissioner Guanzon’s public disclosure of her opinion to disqualify BBM, until late last Thursday when Ferrolino finally released her ponencia dismissing the consolidated cases. No surprise there!
The big surprise is the exposure of Ferolino’s legal IQ.
She dismissed the case on the ground that there is no law which punishes failure to file an ITR.
This reveals her ignorance and denial that BBM was CONVICTED for non-filing of his ITR for consecutive years.
Such ignorance of the law guarantees a reversal by the Comelec en banc, if not the Supreme Court.
Otherwise, it will make our electoral and judicial systems the laughing stock of the legal universe!
The strategy was apparently to delay until the public forgets, and no longer cares.
Eventually, these cases will drag on until they reach the Supreme Court.
The national campaign period is an ideal distraction.
And yet, the whole world is watching, curious whether the Commissioners (and later, also the Supreme Court Justices) bind themselves to their Constitutional Oath of Honesty, even if they stand alone, lonely but firm in the integrity of their convictions.
If they have difficulty demonstrating their honesty in the Resolution of BBM’s cases, can we expect an honest Comelec as votes are cast on May 9? The burden is upon our lonely Commissioners!
And they took offense at Him. But Jesus said to them, “A prophet is not without honor except in his hometown and in his own household.” (Matthew 13:57)
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Author’s email: [email protected]
