ON SC DISMISSAL OF BBM DQ CASES

MACALINTAL

June 29, 2022

As expected, the Supreme Court En Banc dismissed all the disqualification cases hurled against incoming President Ferdinand Marcos, Jr., with its conclusion that “he is qualified to run for and be elected to public office.” In a word, the Court sustained the decision of the Commission on Elections (Comelec) which dismissed all the disqualification cases against Marcos.

The decision came at the very right time – an opportune moment, indeed, as Marcos is reportedly scheduled to take his oath of office before Chief Justice Alexander G. Gesmundo as the 17th President of our country at noon of June 30. For sure, Gesmundo will not be very comfortable administering the oath of Marcos if such disqualification cases are still pending before the Gesmundo Court. On ground of delicadeza, he may not even accept the invitation to administer Marcos’ oath if such cases are still pending before his court.

Thus, the dismissal of said cases paved the way for the Chief Justice to administer Marcos’ oath of office without any reservations or feeling uncomfortable, and without any legal impediment.

To those who disagree with the decision of the SC, their only remedy is to raise the same issue before the Presidential Electoral Tribunal (PET) which has jurisdiction over election cases against an elected president or vice-president.

ATTY. ROMULO B. MACALINTAL
Election Lawyer
Las Pinas City