Pointers

We are on negative and we’re here to state our reasons on as to why Ferolino’s resolution on the
disqualification case of BBM and actions are unethical. I will set my points on why it is unethical

First: Delay of the release of the resolution

By refusing to release her ponencia before Rowena Guanzon’s retirement day (February 2), she
knew of course that it would entirely invalidate Guanzon’s dissenting opinion. Her reasons were
flimsy. Of course she had a choice. Within the long waiting period she held us hostage to,
Ferolino wrote five pages of memoranda (two to Guanzon, three to the “Chair”). She had the
facility of five lawyers at her discretion. In the end, she chose to be cruel by canceling out the
Guanzon opinion.

Second: Issue involving moral turpitude

Section 12 of the Omnibus Election Code says any person convicted by final
judgment for subversion, insurrection, rebellion, or for any crime involving moral
turpitude is disqualified. Disqualification also applies to a conviction with a sentence
of more than 18 months. Then we’ll think, What is moral turpitude? Moral turpitude
involves anything that is contrary to fairness and justice, and Marcos’ “repeated
failure to file his ITRs cannot be characterized as mere omission but constitutes
willfullness and fraudulent intent…plainly showing moral turpitude.

On the contrary, Ferolino stated on her resolution that “The failure to file tax returns
is not inherently wrong in the absence of a law punishing it. The said omission
became punishable only through the enactment of the Tax Code. Moreover, even
the 1977 NIRC (National Internal Revenue Code) recognizes that failure to file income
tax is not a grave offense as the violation thereof may be penalized only by a fine.”
She argued that Marcos Jr. did not voluntarily and intentionally violate the law. 
In payment of taxes. There is no record on file of compliance to payment both from
the branch clerk of court and overall clerk of court of the Quezon City Regional Trial
Court which first convicted Marcos in 1995. The court certifications prove the
sentence has not been served. 
Third: Issue of material representation
Since the exclusive ground of canceling a COC is material representation, petitioners
must prove that Marcos indeed misrepresented details about him in his COC, and
that the omissions were material or had a willful intent to deceive.
“With full knowledge of his impediments, and with a deliberate attempt to mislead,
misinform, and deceive the electorate, respondent Marcos, Jr., on October 6, 2021,
filed the Subject COC making two material misrepresentations,” one when he said he
was eligible, two when he ticked the “no” box in the question that asked whether he
has been found liable of any offense that perpetually disqualified him. The Supreme
Court in Delgado vs HRET ruled that there was material misrepresentation when
Surigao Del Sur First District Representative Philip Pichay said in his COC that he was
eligible despite knowing he was conviced of a crime involving moral turpitude, and
thus knew he was disqualified. 
Allegations of violating the election code’s rules on COC “is not limited to the
qualifications under Section 2, Article VII of the Constitution.” The Supreme Court
had explained that the “election code must be read in relation to both the
Constitutional and the statutory provisions on qualifications for public office.”
this case shows Marcos’ habit of deception and dishonesty, which is alarming for a
person who wants to be president. Marcos’ camp says petitioners are just launching
a demolition job against a leading candidate.
Thus, As a member of the judiciary, the very basic values observed by judges and justices.
Are
 Independence;
 Integrity;
 Impartiality;
 Propriety;
 Equality; and
 Competence and Diligence.

Moreover, they should be considered competent and diligent when it comes to

their responsibilities and the execution of their duties. As we know that judges
are occupying such a very significant position. They even considered as the last
beacon of hope in a democratic society. That’s all.