Comelec to rule on Erap disqualification case Wednesday

The Commission on Elections (Comelec) Second Division will decide on Wednesday whether or not to give former President Joseph “Erap" Estrada a second shot at the presidency come May 10. Comelec Commissioner Lucenito Tagle, a member of the second division, said they would promulgate the decision on the disqualification cases filed against Estrada by lawyers Oliver Lozano, Evillo Pormento, and Elly Pamatong last December. The petitioners said Estrada’s candidacy is unconstitutional, noting that Section 4, Article VII of the Constitution clearly prohibits presidents from running for re-election. Malacañang had earlier expressed confidence that Estrada would be disqualified. “Let's wait for Comelec to decide on his eligibility, but I believe he will be disqualified based on constitutionality issue," said Cabinet Secretary Silvestre Bello III at a press briefing Monday. Estrada, elected president in 1998, was ousted after two years following charges of corruption. He was tried and later found guilty of plunder by the Sandiganbayan, and was sentenced to reclusion perpetua. His successor, President Gloria Macapagal Arroyo, pardoned him in October 2007, or a month after his conviction. Estrada filed his candidacy on November 30, 2009 with the Comelec under the United Opposition (UNO) party. Comelec Chairman Jose Melo had earlier said that whatever the second division’s decision may be, Estrada’s name will remain in the ballot. He said the division’s ruling could still be overturned by the Comelec en banc and the Supreme Court. In case Estrada is disqualified, Melo said votes for him would be counted for his substitute. On Tuesday, the Supreme Court junked with finality the petition of Vanguards of the Philippine Constitution Inc. (VPCI), a group of lawyers and magistrates, seeking to disqualify Estrada from the presidential race. The court said the petition should have been filed with the Comelec, which it said is the government body that has first jurisdiction over disqualification cases against candidates. - Kimberly Jane Tan/KBK, GMANews.TV