from yahoo news
The Commission on Elections Second Division on Tuesday allowed former President Joseph Estrada to run in the May 2010 presidential elections.
"Let the people decide who will be the next president," read the poll body's decision in junking the petition filed against Estrada last December.
“The two petitions for disqualification separately filed by (lawyer) Evillo Pormento and Mary Lou Estrada against former President Joseph Estrada are both denied for utter lack of merit," the decision further read.
Incidentally, the decision was promulgated on the same day Estrada was forced to step down from power in a People Power uprising nine years ago.
The second division likewise denied the petition of lawyer Elly Pamatong to cancel the certificate of candidacy of Estrada, saying that it also “lacks merit" and was a “waste of precious time."
The petitioners cited Article VII Section 4 of the Constitution as basis for the disqualification.
The provision reads: “The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time."
Pamatong, who was present during the promulgation, was enraged by the supposed “corrupt" commissioners. He was cited in ontempt and is currently being detained by authorities.
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Estrada elated
Estrada, for his part, was thankful to the commission.
“I want to thank the Lord, I want to thank the Comelec commissioners for their sense of fairness," he said, adding that his triumph was actually the “victory of the Filipino people." If appealed, the division ruling may still be overturned by the Comelec en banc and the Supreme Court.
Since Estrada formally announced his intention to run in the 2010 polls, many have debated whether he would still be allowed to do so.
But also citing Section 4, Article VII, Estrada asserts that he is still eligible to have another shot at the presidency because he does not fall into two categories banned from doing so: incumbent presidents, and those who have finished the six-year term as president.
In 1998, Estrada was elected with over 10 million votes, the highest vote a presidential candidate ever had in Philippine history. In 2001, however, he was overthrown via the second People Power Revolution amid corruption allegations.
He had only served as President for roughly two years and seven months.
The Sandiganbayan then convicted him of plunder, was meted with reclusion perpetua, and was disqualified from seeking any public office in September 2007.
But just a month later, President Gloria Macapagal-Arroyo granted Estrada executive clemency, thus restoring his political and civil rights, including his right to seek public office. He has since reiterated his eligibility to run, saying he is not covered by the election ban under the Constitution.
Election lawyer Romulo Macalintal, however, contested Estrada’s argument and said that anyone who was elected chief executive falls under the ambit of the said constitutional provision.
He also said that the four-year cap stated in the provision applies only to those “who have succeeded as President" and not those who were elected into office.
The Supreme Court decision
On Tuesday, the Supreme Court had also junked a petition by the Vanguards of the Philippine Constitution Inc. to disqualify Estrada.
The High Court said that the petition should have been filed with the Comelec, the government body that has first jurisdiction over disqualification cases against candidates.
Estrada filed his certificate of candidacy last November 30 under the Puwersa ng Masang Pilipino banner. His running mate is Makati Mayor Jejomar Binay.
He will be up against Vetallano Acosta (Kilusang Bagong Lipunan), Senator Benigno “Noynoy" Aquino III (Liberal Party), John Carlos “JC" Delos Reyes (Ang Kapatiran), Joseph M. Ejercito Estrada (Puwersa ng Masang Pilipino – UNO), Sen. Richard J. Gordon (Bagumbayan), Sen. Maria Ana Consuelo “Jamby" A.S. Madrigal (independent), Nicanor Perlas (independent), Gilberto C. Teodoro Jr.(Lakas-Kampi-CMD), Eddie C. Villanueva (Bangon Pilipinas), and Sen. Manuel B. Villar Jr. (Nacionalista Party) in the May polls.
A recent Pulse Asia survey said that although Aquino is still leading among the presidential bets, it is Estrada who has had the most “significant improvement" in voter preference.
The survey indicated that from 11 percent, preference for the deposed leader rose to 19 percent, statistically tying him with Senator Manuel Villar for second place. -
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ngayon at tapos na ang diskusyon sa disqualification case ni ERAP.....mukhang umaatikabing kampanya na ang kasunod nito.
i believe sa nangyaring ito aangat pa lalo ang rating nito sa mga surverys. di natin maikakaila na marami pa rin sa mg a Pilipino ang may gusto sa kanya bilang Pangulo ng bansa.
