Sat. Jan 29th, 2022

A lawyer who was the former dean of Ateneo de Manila School of Government sees the junking of the disqualification cases against presidential candidate Ferdinand “Bongbong” Marcos Jr. Filed before the Commission on Elections (Comelec).


“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,” La Viña said in a television interview.

La Viña said that political doctrine is discussed in law schools in relation to disqualification cases in national elections.

“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,” he said.

On the Marcos case, La Viña also the Supreme Court would most likely let the people decide through polls.

“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.

He added that Marcos also satisfies all qualifications to run for president based on the Constitution like being a voter, a citizen, a natural born citizen, 40 years old, 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,” La Viña said.

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