Monsod: Comelec erred in Erap disqualification case
AIE BALAGTAS SEE, GMANews.TV
01/21/2010 | 12:44 AM
Former Commission on Elections chairman and one of the framers of the 1987 Constitution Christian Monsod on Wednesday said the poll body’s second division erred in allowing ousted leader Joseph Estrada to join the May 10 presidential race.
In an interview on dzBB radio, Monsod said it is clear in the Constitution that a person that has been elected president can no longer be allowed to seek re-election.
“Mali ang Comelec diyan. Basahin nila yung provision ng Constitution at saka basahin nila yung record ng Constitutional Commission. Hindi siguro nagbabasa ang Comelec commissioner," he said.
Article VII, Section 4 of the Constitution states that a president shall not be eligible for any re-election.
Monsod was reacting to the dismissal by the Comelec’s Second Division of the two disqualification cases filed against Estrada for lack of merit.
The petitioners, however, could file a petition with the Comelec en banc.
Estrada, meanwhile, was not surprised by Monsod’s claim, saying the former Comelec chief was associated with the Liberal Party (LP), which is fielding Sen. Benigno Simeon “Noynoy" Aquino III as its presidential bet.
“Alam mo naman yan dating Comelec chairman na yan, nasa ibang partido yan. Halata namang kokontrahin tayo non dahil nasa Liberal Party yon (Monsod is associated with Liberal Party. It is expected that he will contradict me)," said Estrada, who is running under Pwersa ng Masang Pilipino/United Opposition.
Estrada, elated by the decision, said he expects his ratings in surveys to surge now that he is officially allowed to seek re-election.
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.
In Malacañang, Executive Secretary Eduardo Ermita called on the people to just respect the poll body's decision instead of criticizing it or questioning its credibility.
Hold your horses
Monsod, however, is confident that the decision would be reversed by the Supreme Court, which he said remains the “sole judge" in disqualification cases. Former President Fidel Ramos and election lawyer Romulo Macalintal agreed with him.
In a chance interview, Ramos said that while the Comelec’s ruling must be respected and accepted, it can still be appealed and overturned by the high court.
“That’s good, but we must understand there are more steps to be taken and I’m sure whoever petitions for his original disqualification by the Comelec are going to go after the next step, so it’s not yet over," he said.
The SC remains the “final arbiter" of the case, said Macalintal, who is President Gloria Macapagal Arroyo’s political spokesperson.
Surveys, financiers
Meanwhile, Ramos expressed doubts that the recent development could help Estrada pull his ratings in the surveys where he consistently ranked third.
“In any presidential election - and some of us have been through them - there’s nothing sure. Even the surveys might be misleading in the sense that if it’s a tight race...the surveys in the end would be overcome by the last minute or call it last few days maneuvers," he said.
Political analyst Edmund Tayao echoed the same opinion, but said Estrada could now gain more financiers as they now have “concrete basis" to provide the ousted leader financial support. - KBK, GMANews.TV
In an interview on dzBB radio, Monsod said it is clear in the Constitution that a person that has been elected president can no longer be allowed to seek re-election.
“Mali ang Comelec diyan. Basahin nila yung provision ng Constitution at saka basahin nila yung record ng Constitutional Commission. Hindi siguro nagbabasa ang Comelec commissioner," he said.
Article VII, Section 4 of the Constitution states that a president shall not be eligible for any re-election.
Monsod was reacting to the dismissal by the Comelec’s Second Division of the two disqualification cases filed against Estrada for lack of merit.
The petitioners, however, could file a petition with the Comelec en banc.
Estrada, meanwhile, was not surprised by Monsod’s claim, saying the former Comelec chief was associated with the Liberal Party (LP), which is fielding Sen. Benigno Simeon “Noynoy" Aquino III as its presidential bet.
“Alam mo naman yan dating Comelec chairman na yan, nasa ibang partido yan. Halata namang kokontrahin tayo non dahil nasa Liberal Party yon (Monsod is associated with Liberal Party. It is expected that he will contradict me)," said Estrada, who is running under Pwersa ng Masang Pilipino/United Opposition.
Estrada, elated by the decision, said he expects his ratings in surveys to surge now that he is officially allowed to seek re-election.
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.
In Malacañang, Executive Secretary Eduardo Ermita called on the people to just respect the poll body's decision instead of criticizing it or questioning its credibility.
Hold your horses
Monsod, however, is confident that the decision would be reversed by the Supreme Court, which he said remains the “sole judge" in disqualification cases. Former President Fidel Ramos and election lawyer Romulo Macalintal agreed with him.
In a chance interview, Ramos said that while the Comelec’s ruling must be respected and accepted, it can still be appealed and overturned by the high court.
“That’s good, but we must understand there are more steps to be taken and I’m sure whoever petitions for his original disqualification by the Comelec are going to go after the next step, so it’s not yet over," he said.
The SC remains the “final arbiter" of the case, said Macalintal, who is President Gloria Macapagal Arroyo’s political spokesperson.
Surveys, financiers
Meanwhile, Ramos expressed doubts that the recent development could help Estrada pull his ratings in the surveys where he consistently ranked third.
“In any presidential election - and some of us have been through them - there’s nothing sure. Even the surveys might be misleading in the sense that if it’s a tight race...the surveys in the end would be overcome by the last minute or call it last few days maneuvers," he said.
Political analyst Edmund Tayao echoed the same opinion, but said Estrada could now gain more financiers as they now have “concrete basis" to provide the ousted leader financial support. - KBK, GMANews.TV
