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MANILA, Philippines - The Supreme Court (SC) yesterday dismissed with finality a petition seeking the disqualification of former President Joseph Estrada from the presidential race in May.
During a full court session, the High Court denied the motion for reconsideration filed by the Vanguard of the Philippine Constitution, Inc. (VPCI) on the SC decision handed down on Dec. 8 last year.
Lawyer Eligio Mallari, who represents VPCI, filed the appeal arguing that the decision on its petition was “premature.”
SC spokesperson and deputy court administrator Jose Midas Marquez said, however, that the SC found no substantial argument or issue raised in the motion for reconsideration.
In the motion, Mallari argued that Estrada is barred by Article VII Section 4 of the 1987 Constitution from again seeking the presidency in the May 10 elections. The provision states: “The President and the Vice President shall be elected by direct vote of the people which shall begin for a term of six years at noon of the thirtieth day of June next following the day of the election and end at the noon on the same date six years after. 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.”
Mallari therefore argued: “Thus, it does not matter whether the one seeking re-election is the immediate outgoing elected President or an elected President who had served as such by virtue of previous elections. The provision admits no other qualification.”
Estrada served as president for only two and a half years, from 1998 to 2001, having been ousted from office through the EDSA People Power 2. He was succeeded by then Vice President Arroyo.
He was detained shortly afterwards and later tried for plunder by the Sandiganbayan. In September 2007, the anti-graft court found Estrada guilty and sentenced him to life imprisonment.
A month later, President Arroyo granted him executive pardon in line with the government’s policy of releasing prisoners who have reached 70 years of age.
Mallari argued that even if the pardon had restored Estrada’s civil and political rights, he still cannot run for president because the pardon was given on the condition that Estrada will not run for public office again.
“At most, the pardon, although it had restored his civil and political rights, would entitle him to exercise his political rights, such as the right to vote, but not to be voted upon by virtue of his self-imposed condition under the same pardon that states ‘Whereas, Joseph Estrada has publicly committed to no longer seek any elective position or office,’” Mallari said in the motion.
‘Go back to your law books’
Estrada said he expected the SC to dismiss the petition seeking to disqualify him from running for president in the upcoming elections.
In a telephone interview, Estrada said the lawyers of VPCI should review their law books.
“I expected that because they did not go through the process. They should go back to their law books. They should know their law,” Estrada told The STAR.
Estrada said he will also attend the hearing of Commission on Elections (Comelec) today on the other disqualification petitions against him.
Migrante can’t join party-list race
The SC also dismissed the appeal of sectoral group Migrante on its decision handed down on Nov. 17 last year.
The earlier decision upheld the Comelec decision to disqualify the group from participating in the upcoming polls because it lost in the 2004 elections and did not join the 2007 midterm elections.
Citing the SC ruling in Minero vs. Comelec, Comelec said failure to participate in the elections is equal to failure to get two percent of the total party-list votes, which can be ground for cancellation of registration.
Migrante argued that the poll body’s interpretation of the case was “incorrect.”
It cited the case of party-list groups Visayas Farmers Party, Sagip Kapwa Foundation Inc., Visayan Association of the Philippines, Pinoy Overseas Party and Barangay Association for National Advancement and Transparency that were allowed to join the 2004 elections even if they all lost in the 1998 election and failed to participate in the 2001 polls.
In a related development, the SC has asked the Comelec to submit a counter affidavit, within 10 days, to the petition filed by militant group Courage to overturn the Jan. 12 Comelec resolution disqualifying it from the party-list race because of lack of constituency and failure to submit articles of incorporation.
In their petition, Courage argued that they met the minimum requirement to establish their national constituency. It also claimed that the Comelec did not require the submission of articles of incorporation.
Summon ‘invisible’ candidate
The legal counssels of Liberal Party standard-bearer Sen. Benigno “Noynoy” Aquino III have petitioned the Comelec to summon Vetallano Acosta, the supposed presidential candidate of the Kilusang Bagong Lipunan (KBL), who has remained “invisible” to the public.
The Comelec is expected to hear today their motion for reconsideration to the dismissal of their petition to disqualify Acosta from the presidential race.
“Even after the Commission had formally declared Acosta as a supposed legitimate presidential candidate, Acosta remained practically invisible, unseen by anyone and everyone, and more importantly, the Honorable Commission,” lawyers Sixto Brillantes and Juanito Arcilla said in their motion for reconsideration.
“It is therefore most important that Acosta is directed and required to be present in person during the proceedings - so that everyone can see whether in person, he is indeed a legitimate candidate or a true, real, and genuine nuisance,” Brillantes and Arcilla added.
Brillantes said Acosta’s candidacy might adversely affect Aquino’s candidacy because their names would appear consecutively in the ballot.
Aquino’s lawyers said the Comelec should resolve the motion before the printing of ballots starts on Jan. 31. — With Jose Rodel Clapano, Charlie Lagasca
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