Despite having no announcement of his candidacy yet, the legal team of former President Joseph Estrada is already mulling their next step if ever the Commission on Elections (Comelec) blocks his certificate of candidacy (COC) for the 2010 elections.

On Sunday, an opposition leader, former Senator Ernesto Maceda, said that should the Comelec refuse Estrada's COC, they will submit a motion for mandamus to the Supreme Court to compel Comelec to accept it.

Maceda said that if ever this happens, they will push for the inclusion of Estrada's name in election paraphernalia, particularly in the ballots for the automated elections.

Re-election ban

Some political analysts and critics have said that the former president is not anymore qualified to run in 2010, but Estrada has said he is qualified since the re-election ban only applies to the sitting president.

He said the ban is to prevent the incumbent from using government money in his or her reelection campaign.

Estrada likewise believes that since he was not able to finish his six-year term, he can run again.

The actor-turned-politician won the presidency by a wide margin in 1998, but was ousted in 2001 through the second EDSA revolt.

Rights restored

Estrada has also said President Arroyo restored his civil and political rights after he was granted pardon in 2007 in connection with his plunder case. Hence, he believes he can run again for the presidency in 2010.

But Palace lawyers argued back in 2007 that the grant of pardon was conditional on Estrada not seeking the presidency again. This precondition was clear in the "whereas" clauses of Arroyo's order granting pardon.

However, Estrada has not yet announced his intent to run in the coming elections, with the opposition expected to decide on its standard bearer in August.--With a report from Sheryll Mundo, ABS-CBN News