JBC grills SC nominees on Erap, failed polls
MANILA - The Judicial and Bar Council (JBC) on Wednesday grilled the High Court’s possible new members on constitutional issues related to the 2010 presidential elections and post-election scenarios.
First question: Can President Joseph ‘Erap’ Estrada run again for the presidency in 2010? Aside from his conviction for plunder in 2007, there is a provision in the 1987 Constitution which may be used to prevent him from taking another shot at the presidency.
Article VII, Section 4 of the 1987 Constitution states: “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.”
One of the nominees, UP Professor Eduardo Lizares, begged off from commenting on the constitutionality of Estrada’s impending presidential bid.
Court of Appeals (CA) Justice Noel Tijam said the law is plain and simple – presidents are prohibited from seeking re-election.
“If the language of the Constitution is clear and unambiguous, we just interpret it as it is commonly used,” he told the JBC during his public interview.
Tijam, however, recognized the twists and turns surrounding the issue. “There are many imponderables attached to that,” he said.
The Commission on Elections (Comelec), for one, would have to decide on its own if it will allow Estrada to file a certificate of candidacy.
Since a case is expected to be filed questioning Estrada's eligibility, Tijam said that the High Court would have to settle the implications of the pardon granted by President Arroyo to Estrada.
Arroyo pardoned Estrada immediately after he was convicted of plunder in 2007. However, some lawyers have argued that the pardon was conditional on Estrada not seeking the presidency again. This condition is one of the "whereas" clauses in the pardon.
However, Estrada’s lawyers have argued that Arroyo's grant of pardon categorically stated that Estrada's civil and political rights would be restored. Hence, he can vote and run for the public office again.
Leadership vacuum in 2010
The JBC also quizzed the nominees on another scenario in 2010: a failure of elections if the automation election system (AES) breaks down.
The terms of all elected officials end on June 30, 2010. If the AES crashes, there will be a leadership vacuum after June 30, 2010.
“Dean Andy Bautista raised the possibility of a failure of elections in his column,” SC retired Justice Regino Hermosisima said. “Who will act as president if this happens?”
Hermosisima said that the two possible transition leaders, Senate President Juan Ponce Enrile and House Speaker Prospero Nograles, would also have stepped down from their posts by June 30, 2010.
Court of Appeals Justice Isaias Dicdican, another nominee, said the Senate could vote for a new Senate president. “The Senate is a continuing body. It can elect a new Senate president,” he said.
This option has been suggested by some lawmakers from both houses of Congress. The Senate, they said, can elect a transition president from among the 12 senators whose terms will end in 2013.
Chief Justice Reynato Puno argued, however, that the SC has already ruled that the Senate is not a continuing body.
The SC said this in two cases: Neri vs. Senate Committee on Accountability of Public Officers and Investigations, and Garcillano vs. Agcaoili.
In the first case, the SC voided the order of the Senate to hold then Socio-economic Planning Secretary Romulo Neri in contempt for snubbing the Senate probe on the now botched $329-million National Broadband Network contract between the Zhing Xing Telecommunications Equipment (ZTE) of the People’s Republic of China and the government.
The SC said the order was not supported by a published rules of procedure.
In the second case, the High Tribunal voted 8-6 to declare invalid the Senate inquiry on the "Hello, Garci" tapes because the Senate also failed to publish its rules of procedure.
The tapes allegedly contain the recordings of a conversation between President Arroyo and then Comelec commissioner Virgilio Garcillano during the 2004 elections.
Dicdican agreed with the dissenting minority in both cases, which included Puno.
Puno wrote: “The staggering of the terms of the 24 senators and allowing the terms of office of a portion of the Senate membership to continue into the succeeding Congress provides the stability indispensable to an effective government, and makes the Senate a continuing body. By Purple S. Romero, abs-cbnNEWS.com/Newsbreak
Printer-friendly version
Send to friend
Share your views
alam na nila,,,
Whether the postponement is definite or indefinite, who cares?
The fact remains that even if Erap files a certificate of candidacy in the Comelec, his candidacy is constitutionally prohibited. No amount of legal hair-splitting will overthrow the constitutional prohibition. There are two theories advanced by Erap’s allegedly bright legal luminaries which I am going to discuss in my humble view, thus:
First, Erap contends that the constitutional prohibition refers only to the “sitting” president. I say, our Supreme Court is guided by the Rules on Statutory Construction in interpreting and applying the constitution or any law for that matter. Thus, “When the law is clear and unambiguous, there is no room for further construction, The constitutional proscription mentions only the term “president”. Furthermore, “When the law does not distinguish, the courts should not distinguish.” Still another rule on Statutory Construction says that, “Expressio unius est exclusio ulterius.” In other words, in the case of a prohibitive law which in this case specifically mentions an exclusion, there should be no additional exclusion. Otherwise, the court would be circumventing the constitution by affixing or adding an adjective to the term “president” and that would be tantamount to an illegal amendment to our constitution.
Second, Erap contends that his pardon does not carry a perpetual disqualification to run for public office and that such right is embodied under the Bill of Rights of the Constitution. I say, it’s a bright idea yet devoid of merit! Erap’s case is a novel one that is; no court jurisprudence has been rendered yet. As such, the rights of an individual must be tempered with the rights of the people affected. To put it bluntly, when the rights of an individual classes with PUBLIC WELFARE; the latter should prevail. WHY? Because Erap is an UNREPENTANT EX-CON PLUNDERER! Despite of the voluminous evidence and testimonies that led to his conviction, he still continues to profess his innocence. And, his primordial consideration in running again for president is for VINDICATION; THIS IS CHILLING. Foremost that should be in the minds of our Supreme Justices is, “Should we give this man, a chance to be a RECIDIVIST to the ultimate peril of the people?”
Erap and Jinggoy was quick to label Lacson as “walang utang ng loob.” If there is the most “walang utang na loob” official in the world it is Erap and Jinggoy themselves. Come to think of it, Erap and Jalosjos both committed heinous crimes. Yet, Jalosjos served his time completely despite of his protestations. Si Erap ni hindi nakatikim ng “Munti” kahit isang araw. Nagpahinga lang yan sa kanyang rest house sa Tagaytay at patagay-tagay si tatay. Yet, the glaring fact is that Jalosjos only committed a crime against one invidividual but Erap committed a crime against the whole nation! At ang pinakamasaklap, si Erap pinatawad!!!
Be that as it may, personally, I’d rather see Erap run this coming election. The reason is that I don’t want to take a very rare opportunity for the poor electorate to partake of Erap’s loot kahit pabigasbigas at panoodles-noodles lang. Tiyak namang di mananalo yan. Matalino na ang mga voters ngayon. ALAM NA NILANG KAININ ANG PAIN MO AT ILUWA ANG TAGA MO ERAP!!!
DAHILAN NI ERAP KAYA GUSTONG TUMAKBO
Ang mga dahilan ni ERAP kaya gustong tumakbo:
1) Nais niyang maka iwas sa mga kasong kinasasangkutan niya kung sakaling manalo / at upang maghiganti sa mga nagpatalsik sa kanya.
2) Nais niyang i posisyon o ibenta si Junggoy sa ibang partido kapalit ang kanyang pag atras.
Sa isang forum ng mga 30 abogado sa San Juan (dumalo si ERAP ewan kung bakit)na kung saan tinalakay ang usaping pag takbo ni ERAP; 18 dito ang nagsabi na HINDI NA PUEDE; 7 ang nag sabi PUEDE PA at iyong iba "UNDECIDED"
Kung aakyat sa Supreme Court ang usaping ito at hindi pabor kay ERAP ang desisyon tandaan niyo ito mga kababayan: ANG DAHILANG SASABIHIN NG KAMPO NI ESTRADA AY DAHIL KARAMIHAN SA MGA MAHISTRADO AY APPOINTED NI GMA. GANYAN KABABAW ANG PAGTINGIN NI ERAP SA KAISIPAN NG SAMBAYANANG PILIPINO
erap...
erap tama na wagkana magmamatigas pa na tumakbong muli dahil bobo kanaman eh..malinaw na nga yong nakasaad sa saligang batas na pag ikaw ay naging presidente na dna pweding tumakbong muli..tama na yon erap dahil hindi talaga para saiyo ang position na yon kaya nga saiyo na nun ang opportunity pero anu ginawa mo?natanggal kana nakulong kapa.tapos ngayon iepal kanman.tama na erap pahinga kna lang wala kanang amor mamuno sa bansa natin.kilala kna ng taong bayan kung anu at saan lang ang kaya mo.