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BBM will most likely prevail in petitions, says former Ateneo School of Gov’t Dean Tony La Viña

Press Releases
8 January 2022

Presidential aspirant Ferdinand ‘Bongbong’ Marcos Jr., will most likely prevail in all the petitions to cancel his Certificate of Candidacy in the 2022 elections before the Comelec because of the ‘political doctrine’ that needs to be decided by the people and not by the court.

This was disclosed by lawyer Tony La Viña, former dean of Ateneo School of Government, in an interview over ANC, saying that the court cannot disqualify or dismiss a leading candidate that enjoys the support of the majority of the electorate.  

“There is also a strong argument why they should be dismissed. The ultimate one is a political question. Especially a leading candidate, you should not disqualify a leading candidate that seems to have the support of many people, because you are depriving the people of their choice.

That is political law 101. That certain things should be decided by the people and not by the courts,” said La Viña.

La Viña noted that it was being taught in law school particularly in the disqualification cases in the national polls.

“I teach Constitutional law, political law, and election law. When I teach this, I always tell my students, when you look at the disqualification cases, you look at the law of course, and the jurisprudence,” La Viña noted.

He also believed that the Comelec and even the Supreme Court will most likely let the people decide in the upcoming elections.

“I’m inclined to think that most likely Bongbong Marcos will prevail in the disqualification cases, because more than anything, the political question doctrine. The court cannot decide this, it should be the people that should decide this,” La Viña added.

Another legal argument for Marcos which has been applied by the court many times, La Viña also said, is the qualification of the president that is clearly stated in the Constitution.

“The qualifications for president are laid down in the Constitution and it’s very simple. A voter, a citizen, a natural born citizen, 40 years, can read and write. That’s just very very basic. Now that goes down to the question: is he a voter? Can he be considered a qualified voter, because that’s where the disqualifications can come in,” he explained.

The list of legal luminaries who have opined that Marcos Jr., is qualified to run for president continues to grow, mostly saying it is either weak or has no legal basis.

Earlier, Atty. Emmanuel Samonte Tipon, a US-based Filipino lawyer, who is also the former dean of Northwestern University College of Law, dismantled the issues raised in each of the petition, which has ballooned to seven in total.

Also, Ateneo Law professor and former DOJ Sec. Alberto Agra said that the disqualification case against Marcos has no basis and is unlikely to move forward.

The same view was also pointed out by UST College of Law Dean Nilo Divina when he said that the petition filed against Marcos’ COC would likely fail because it is defective in form and lacks sufficient legal basis.

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FILIPINO VERSION

BBM LULUSOT VS DQ PETITIONS - FORMER ATENEO SCHOOL OF GOV’T DEAN TONY LA VIÑA

MANANALO si presidential aspirant Ferdinand ‘Bongbong’ Marcos Jr. sa lahat ng petisyon na isinampa para kanselahin ang kanyang Certificate of Candidacy dahil sa ‘political doctrine’ na dapat ang taong bayan ang mag-desisyon at hindi ang mga korte.

Ito ang pahayag ni Atty. Tony La Viña, dating dean ng Ateneo School of Government, sa panayam ng ANC, at sinabing hindi pwedeng i-disqualify ng korte ang nangungunang kandidato na nakatatanggap ng malaking suporta sa mga botante.

“There is also a strong argument why they should be dismissed. The ultimate one is a political question. Especially a leading candidate, you should not disqualify a leading candidate that seems to have the support of many people, because you are depriving the people of their choice. That is political law 101. That certain thing will be decided by the people and not by the courts,” ani La Viña.

Idinagdag pa ng abogado na itinuturo ito sa mga law school partikular sa disqualification cases sa eleksyon.

“I teach Constitutional law, political law, and election law. When I teach this, I always tell my students, when you look at the disqualification cases, you look at the law of course, and the jurisprudence,” ayon kay La Viña.

Paniwala pa ni La Viña na malamang ay hayaan ng Comelec, maging ng Korte Suprema na ang tao ang mag-desisyon sa kahihinatnan ni Marcos Jr. sa darating na halalan at hindi sa korte.

“I’m inclined to think that most likely Bongbong Marcos will prevail in the disqualification cases, because more than anything, the political question doctrine. The court cannot decide this, it should be the people that should decide this,” La Vina added.

Isa pang legal na argumento na madalas din umanong ginagamit sa mga korte ay ang qualification ng isang pangulo na malinaw na nakalagay sa ating Konstitusyon.

“The qualifications for president are laid down in the Constitution and it’s very simple. A voter, a citizen, a natural born citizen, 40 years, can read and write. That’s just very very basic. Now that goes down to the question: is he a voter? Can he be considered a qualified voter, because that’s where the disqualifications can come in,” paliwanag ni La Viña.

Matatandaan na patuloy na dumarami ang mga eksperto sa batas na nagsasabi na kwalipikadong tumakbo si Marcos Jr., kasabay ng pananaw na kung hindi mahina ay walang legal na basehan ang mga ito.

Kamakailan ay ibinasura ni Atty. Emmanuel Samonte Tipon, abogado na naka-base sa Estados Unidos at dating dean ng Northwestern University College of Law, ang mga petisyon na isinampa laban kay Marcos Jr., dahil umano sa kawalan ng basehan at ebidensya.

Maging si Ateneo Law professor at dating DOJ Sec. Alberto Agra ay nagpahayag na malabong umusad ang mga petisyon laban sa dating senador dahil sa mahinang kaso.

Ganun din ang opinyon ni UST College of Law Dean Nilo Divina nang sabihin nito na hindi uubra ang kaso dahil din walang legal na basehan.

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