Comelec says Imelda can still run in 2019 polls unless graft conviction is final

November 10, 2018

The Commission on Elections (Comelec) said Ilocos Norte Rep. Imelda Marcos can still seek public for the 2019 midterm elections. 

In his social media account on Friday, Comelec spokesperson James Jimenez said unless her graft conviction is final, Marcos is still qualified to run for midterm polls.

“This isn’t a final conviction yet, so it isn’t disqualifying,” Jimenez said. 

According to the Omnibus Election Code of the Philippines, a candidate will only be declared disqualified if he/she "has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than eighteen months."

The Sandiganbayan found Marcos "guilty beyond reasonable doubt for violation of Republic Act No. 3019, Section 3(h) in relation to Article IX, Section 8 of the 1973 Constitution in Criminal Cases Nos.17287, 17288, 17289, 172890, 22867, 22868, and 22869."

"She is sentenced, in each of these cases, to suffer the indeterminate penalty of  imprisonment from six years and one month as minimum to 11 years as maximum, with perpetual disqualification to hold public office," the decision said.

These cases are related to the alleged transferred of around $200 milllion in seven Swiss bank accounts while she was a member of the defunct "Interim Batasang Pambansa" and minister of human settlements.

Sandiganbayan Presiding Justice Amparo Cabojate-Tang said in a  news report Saturday:  “Conviction per se is not a disqualification. The judgment of conviction must be final and executory. This means that the judgment of conviction is ripe for execution, which is realized by the service of the sentence by the convicted accused." DMS