Sandigan scraps bid to disqualify Erap from Manila mayoralty race
“[F]or failure of the movants to set the above motion for hearing and furnish copies to the concerned parties in this case…, the same is considered a mere scrap of paper and ordered expunged from the records of this case,” the Sandiganbayan Special Division said in a one-page resolution.
The motion was filed last November by lawyers Fernando R. Perito and Nepthali Aliposa, the same complainants in the disbarment move against Justice Secretary Leila De Lima that ultimately caused her disqualification as a nominee for Chief Justice.
The two lawyers asked the Sandiganbayan to clarify whether or not Estrada can legally run for Manila mayor despite a condition set in his pardon on a 2007 plunder conviction that he will no longer seek any elective post.
Estrada filed his certificate of candidacy with the Commission on Elections (Comelec) on October 2, 2012 to signify his intention to run against incumbent Manila City Mayor Alfredo Lim.
Estrada was convicted of a plunder charge on September 12, 2007 and sentenced to life imprisonment but was released weeks later after being granted conditional pardon by then-President Gloria Macapagal-Arroyo.
Perito and Aliposa, both holding office in Port Area, Manila, argued that the conditional pardon was intended to prohibit Estrada from seeking election to a public office based on the third paragraph of the said document, which states: “Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position of office.”
The two also questioned Estrada’s residence, saying the former President lives in San Juan. — KBK, GMA News