Erap ‘presumably’ qualified for reelection, says Comelec

Former President Joseph “Erap" Estrada is “qualified" for re-election, at least until someone contests it with the Commission on Elections (Comelec), the poll body said Thursday. “Right now it seems he is qualified dahil walang nagco-contest ng kanyang (because nobody is contesting his) application," Comelec Chairman Jose Melo told reporters in an interview on Thursday. According to the Omnibus Election Code, someone is eligible to run for president and vice president if he or she is a (1) a natural born citizen, (2) a registered voter, (3) able to read and write, (4) at least forty years old on the day of election, and (5) a resident of the Philippines for at least ten years immediately preceding such election. Based on this, Melo said the only time when the Comelec can “forthrightly deny" an application is when, for example, a child or a foreigner expresses his or her intention to run in the Philippine elections. “(If the) qualifications are there, we can have the presumption (that) he has all the qualifications," he said. So the poll body chief said they have no choice but to accept Estrada’s certificate of candidacy (COC) when he files it in November. The filing of COCs will run from November 20 to 30, 2009. “Hindi naman natin pangunahan (We can’t say right away), the presumption is that he is qualified, at this point we will accept his application for candidacy," he said. But when a second party opposes the application, that is time when they can take action, the poll body chief said. “If there is an opposition to his application then that’s the time when we will look into it; it will become a case before us. We will probably touch on that, when the time comes," he said. Melo, however, said that those opposed to Estrada’s re-election bid need not worry because someone will surely contest the deposed president’s candidacy. “If no one objects, then we can all continue being happy, but from what I’ve been reading in newspapers and what I’ve been watching on TV, someone will definitely object, so we need to be prepared," he said in Filipino. Executive Secretary Eduardo Ermita had also earlier said that Estrada’s candidacy would definitely be questioned legally once he formally files his certificate of candidacy next month. “I’m sure whatever Comelec comes out with, be it for or against president Erap, will reach the Supreme Court," added Melo. The arguments Section 4, Article VII of the 1987 Constitution provides that “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." Based on this, University of the East College of Law Dean Amado D. Valdez said Estrada was still eligible for reelection because he does not fall into two categories banned from seeking reelection: incumbent presidents, and those who have finished the six-year term as president. At the height of his impeachment trial in January 2001, Estrada was ousted via the second People Power Revolution. He had only served as President for roughly two years and seven months. The Sandiganbayan then convicted the deposed leader of plunder in September 2007. He was meted reclusion perpetua and was disqualified from seeking any public office. But a month later, President Gloria Macapagal Arroyo granted Estrada executive clemency. This in turn, said former Supreme Court Associate Justice Serafin Cuevas, erased all of Estrada’s criminal liabilities and restored his political and civil rights, including his right to seek public office once more. The former SC justice also affirmed Estrada’s claim that the reelection ban stated in the law only applies to sitting presidents so they cannot use government resources in their bid. Cuevas served as justice secretary from July 1998 to February 2000 during Estrada’s term. Election lawyer Romulo Macalintal, however, contested Estrada’s argument and said that anyone who was elected chief executive falls under the ambit of the said constitutional provision. He also said that the four-year cap stated in the provision applies only to those “who have succeeded as President" and not those who were elected into office. On Wednesday, Estrada formally announced his plans to run for president again in 2010. He also declared Makati Mayor Jejomar Binay as his running mate. Included in his senatorial slate are Senate President Juan Ponce Enrile, son and Senate pro tempore Jose "Jinggoy" Estrada, detained Brig. Gen. Danilo Lim, Ilocos Rep. Ferdinand "Bongbong" Marcos, Jr., Makati Rep. Teodoro Locsin Jr., Aquilino "Koko" Pimentel III, businessman Jose "Joey" de Venecia III, with guest candidates Miriam Defensor Santiago of the People Reform's Party and Rep. Rodolfo Plaza of the Nationalist People's Coalition. Assurance Melo assured voters that cases like that of Estrada would not hamper the flow of the elections. “Hindi namin pababayaang madelay (We won’t allow any delays)," he said. He said they will definitely have the ballots printed out by January 7 and have everything else ready by mid-February. - GMANews.TV