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Estrada's 2010 presidential bid revives legal debate


After Estrada (right) - seen here with his presumptive running mate Makati Mayor Jejomar Binay - declared his presidential bid, constitutional experts continue the debate on the legitimacy of his impending candidacy. Danny Pata
A day after former President Joseph Estrada announced that he is taking another shot at the presidency, another round of debate on the legitimacy of his plan has erupted among constitutional experts and legal luminaries. How often can one become president of the Philippines? Can Estrada — 13th Philippine president, impeached in Congress, ousted through a popular uprising, convicted of plunder and granted pardon by his successor — run for the position again? Round 1: Eligibility for re-election Article VII, Section 4 of the 1987 Constitution states that, “The President shall not be eligible for any re-election. 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." Dean Amado D. Valdez of the University of the East College of Law interprets this constitutional provision as a restriction against the following from seeking re-election: incumbent presidents, and those who have finished the six-year term as prescribed in the 1987 Constitution. Estrada does not fall under the two categories, Valdez said. “The incumbent is not allowed to seek re-election, to avoid his misuse of government resources – that was the concern of the Constitution’s drafters," Valdez said in Filipino in an interview on Wednesday. His opinion was echoed by Estrada’s lawyer, Jose Flaminiano, a former regional trial court judge. Flaminiano said the constitutional ban on re-election ("The President shall not be eligible for any re-election") only applies to incumbent presidents. But election lawyer Romulo Macalintal and former Commission on Elections chair Christian Monsod do not agree with Valdez and Flaminiano. Macalintal, President Gloria Macapagal Arroyo’s lawyer, said the constitutional restriction applies to anyone who was elected president – regardless of whether they are incumbent or have been elected in the past. “Mukhang malabo iyan dahil ang isang nahalal na pangulo ay di na maaaring tumakbong muli (Estrada’s bid will not prosper because anyone elected to the presidency cannot seek any reelection at all)," he said in interview with GMA’s Unang Hirit. For Monsod, a member of the 1986 Constitutional Commission (ConCom) that drafted the 1987 Constitution, an elected president gets only “one shot at the presidency." In an interview on dzBB radio, Monsod explained that in 1986, the ConCom delegates initially intended the provision to be: "The President shall not be eligible for immediate re-election." This was to prevent incumbent presidents from using their power and resources to seek another term in office, according to Monsod. But after deliberations, the ConCom decided to adopt the amendment proposed by former Senator Ambrosio Padilla, which stated, “The President shall not be eligible for any re-election." According to Monsod, this covers any elected president, incumbent or not. Thus, a portion of the Article VII, Section 4 of the 1987 Constitution now reads, “The President shall not be eligible for any re-election." According to Monsod, Estrada cannot run “at anytime in this lifetime" because of the constitutional ban.
Supporters listen to speeches during a rally for the May 2010 presidential bid of ousted President Joseph Estrada and his chosen running mate Makati Mayor Jejomar Binay Wednesday night in Tondo. AP-Bullit Marquez
Fr. Joaquin Bernas, dean emeritus of the Ateneo School of Law and another ConCom delegate, has been quoted as saying that the Charter explicitly prohibits a president from seeking re-election, which means “either election immediately after a term or election even after some interruption." Round 2: Failing to complete full term The second argument raised by Valdez and Flaminiano is that Estrada could run again because he was not able to finish his six-year term (The second portion of Article VII, Section 4 of the Constitution says, “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.") Estrada’s camp argues that the ousted leader can run again because his term was cut short to less than three years following the January 2001 “Edsa II" uprising. “Hindi natapos yung term ni Erap. He did not serve for more than four years so he is not disqualified to run," Flaminiano said. But for Monsod, this particular constitutional ban applies to those who succeeded the presidency who have not served for more than four years. He said Gloria Macapagal Arroyo, who succeeded Estrada in January 2001, was qualified to run for president in 2004 because the remainder of Estrada’s term that she served was less than four years. Monsod said the prohibition does not apply to Estrada, who was an elected president, not a successor. Estrada’s camp also argues that the Arroyo government from 2001 to 2004 was illegitimate because Estrada did not resign. This is, however, contrary to a Supreme Court ruling in March 2001. According to the SC ruling, Estrada abandoned his office and this constitutes resignation. “Abandonment of office is a species of resignation, and it connotes the giving up of the office although not attended by the formalities normally observed in resignation," read the concurring opinion given by retired justice Jose Vitug. Macalintal explained that Estrada’s power was not clipped from him via the second People Power Revolution. Instead, he resigned when he relinquished his power and abandoned his office to give way to then Vice President Arroyo. Round 3: Conditional pardon vs Absolute pardon
Former President Estrada holds back his tears as he waves to onlookers after his conviction by the Sandiganbayan in 2007. GMANews.TV file photo
Another bone of contention is whether the executive clemency President Arroyo granted to Estrada in 2007 forbids him from running again. On Sept. 12, 2007, the Sandiganbayan convicted Estrada of plunder. But barely a month later, on October 25, Mrs. Arroyo pardoned Estrada, subsequently restoring his political and civil rights. A portion of Mrs. Arroyo’s order granting Estrada pardon reads: "Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office." In an earlier report, Estrada’s former lawyer Allan Paguia and presidential chief legal counsel Raul Gonzalez said Estrada’s pardon was conditional. That is, Mrs. Arroyo granted him pardon on the condition that he would not run again. But Estrada’s camp insists that President Arroyo gave an absolute pardon. "Legally, it is plain that the pardon granted was an absolute [one] and not a conditional pardon," said Margaux Salcedo, Estrada’s spokesperson. The final battleground: Supreme Court Estrada’s announcement last Wednesday does not make him an official candidate yet. Only when he files his certificate of candidacy between November 20 to 30 would his presidential bid be formalized. The legal arguments being aired in media are a preview of what will most likely be heard by the Supreme Court, which will be the final arbiter of Estrada's legitimacy to run for re-election. Monsod said he is confident that the high tribunal will put its foot down on Estrada’s ambitions. “The Supreme Court will read the constitutional provision and read the proceedings of the Constitutional Commission. They can only come to one conclusion that he (Estrada) cannot run for any re-election," he said. - GMANews.TV
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