THE Commission on Elections’ (Comelec) First Division junked the disqualification case against presidential aspirant former senator Ferdinand “Bongbong” Marcos, Jr.
However, the poll body clarified that there is still a corresponding penalty against non-submission of Income Tax Returns but this is not immoral considered a fraudulent act.
In a 41-page decision penned by Comelec Commissioner Aimee Ferolino, it said that the failure to file an ITR is just a simple case of omission and not considered fraudulent.
It added that non-filing of ITR is different from tax evasion so there is no basis to disqualify the presidential aspirant.
The Comelec’s decision against the disqualification was met with much criticism, as if saying that there is no penalty for non-filing of an ITR.
Comelec spokesperson James Jimenez explained that there is a corresponding law that penalizes the non-filing of ITR.
“Even in the decision itself, the Comelec points out that in fact, a special law was passed to penalize failure to file ITR. So it is wrong to say that the Comelec is saying that there is no offense on failure to file and ITR because the Comelec said there is,” says Jimenez.
It can be recalled that the decision of the First Division became controversial after retired Commissioner Rowena Guanzon revealed that the releasing of the decision was intentionally delayed in order to set aside her vote in favor of disqualifying Marcos.