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Comelec defends decision allowing Estrada to run in May polls


A Commission on Elections (Comelec) official on Thursday defended the decision of the poll body's second division allowing former President Joseph Estrada to run in the May elections, saying that it was the reasonable thing to do. "There might be a lot who might disagree with (the decision) simply because we believe otherwise, but as far as rationalizing the decision, I think it is sound," Comelec spokesman James Jimenez told GMANews.TV in an interview. Jimenez issued the statement after former Comelec chairman Christian Monsod, who is also one of the framers of the 1987 Constitution, said that the second division had erred in allowing Estrada to join the May 10 presidential race. Monsod cited Article VII, Section 4 of the Constitution as basis for saying that a president shall not be eligible for any re-election. 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."


Estrada handily won the 1998 presidential elections but his term was cut short when the military leadership backed a civilian uprising against him in January 2001. He was later arrested on corruption charges, convicted of plunder in September 2007 and sentenced to reclusion perpetua, which effectively prohibited him from seeking any public office. A month later, however, President Gloria Macapagal-Arroyo granted him executive clemency, in the process restoring his civil and political rights, including the right to seek public office. Thus, Estrada maintained that he still can have another shot at the presidency because he is not an incumbent president and because he did not actually finish his six-year term. The Comelec second division, in its ruling, agreed with the argument of the former president. Matter of perspective And for Jimenez, it’s just a matter of perspective. "The court interpretation can always be either way," he said, adding that as stated in the decision, it’s always better to let the people decide in the end. "We (are) on the side of giving the right to vote and the right to be voted for," he said. Earlier, Comelec chairman Jose Melo said that whatever the decision of the second division may be, Estrada’s name would remain on the ballot. He said they decided on this because the ruling can still be overturned by the Comelec en banc and the Supreme Court, making it more practical to just leave his name on the ballot. "Can you just imagine the situation where we deny due course and then the Supreme Court says let him run, paano pa namin mahahabol yung pangalan niya sa balota (how will be able to include his name in the ballot)?" added Jimenez. If Estrada is disqualified, Melo said they will just count the votes cast for him in favor of his substitute. Monsod, for his part, said that he is confident that the decision would be reversed by the SC, which he said remains the "sole judge" in disqualification cases. - RSJ/KBK, GMANews.TV
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