(UPDATE) Comelec asked to DQ Erap already
Estrada says petition is premature
MANILA - Lawyer Oliver Lozano on Monday filed a petition for disqualification against former President Joseph “Erap” Estrada before the Commission on Elections (Comelec) even though Estrada is not yet officially a candidate.
In his 8-page petition, Lozano said "ex-president Estrada is assailed for breaking the law, the Constitution and his alleged word of honor not to run for re-election to avoid imprisonment for plunder through pardon."
Lozano also cited the Constitutional provision that there should be no re-election for the president, which, he said, could be "interpreted to mean that ex-president Estrada is not qualified to run for re-election to which he [Estrada] honestly disagrees."
While Estrada has yet to file his certificate of candidacy, Lozano said "giving due course to this petition will give him speedy trial and fair opportunity to be heard." He said it will also "afford the Commission sufficient time for thorough and just deliberation.”
Premature petition
Meanwhile, Estrada's camp called the petition "premature" ande should be "dismissed outright."
"Any case to disqualify former President Joseph Estrada from running for president in 2010 can only be filed after he files his certificate of candidacy, not at this point in time. The disqualification petition filed by Atty. Lozano is so obviously premature that it almost seems as if Atty. Lozano is either making a mockery of the Comelec or deliberately making a laughingstock of himself to make headlines," said Margaux Salcedo, spokesman of Estrada.
She recalled that in Estrada's acceptance speech last October 21 in Tondo, he merely said that he intends to run.
"In any case, he has not filed any certificate of candidacy. Therefore, any petition to disqualify him at this point in time is premature, bears no justiciable controversy, is clearly not ripe for adjudication and should be dismissed by the Comelec outright," Salcedo said.
COC schedules
The Comelec has set the filing of COCs for all elective positions on November 20 to 30 as contained in Resolution No. 8678 or the “Guidelines on the Filing of Candidacy and Nomination of Official Candidates of Registered Political Parties in connection with the May 10, 2010 National and Local Elections.”
Meanwhile, petitions that would seek to deny due course or to cancel a COC may be filed by any person within 5 days from the last day for COC filing but not later than 25 days from the COC filing, according to the Comelec resolution.
A petition against a COC should exclusively be “on the ground of material misrepresentation on the contents of the COC as required under Sec. 74 of the Omnibus Election Code or Batas Pambansa Blg. 881."
Lozano, a former legal counsel of the late strongman Ferdinand Marcos, has filed several impeachment complaints against President Arroyo, all of which have been junked by the lower House.
He also ran unsuccessfully for senator in the 2004 and 2007 elections under the Kilusang Bagong Lipunan party.
“Destiny”
Dismissing warnings stating that he is barred from running again in May 2010, Estrada on October 21 declared to thousands of his supporters gathered in Tondo in Manila that he will again run for the presidency.
Calling it destiny, Estrada said he is determined to return to Malacañang and will not turn back on his decision to run again.
He also debunked opinions that he is unqualified to run since he had already served as president. He said he will leave it up to the Supreme Court to decide if he will be allowed to run in the 2010 presidential election.
"I consulted legal luminaries, retired Supreme Court justices and deans of law schools, and all of them had conducted studies that said I am qualified to run. The no re-election clause [in the Constitution] only covers the incumbent president," he said.
Estrada won the presidency in 1998, but was ousted in a military-backed civilian revolt in January 2001, which led to the assumption of President Arroyo.
Estrada also said that President Arroyo’s grant of executive clemency weeks after he was convicted of plunder also restored his civil and political rights, which means he can vote and seek an elective post.--report from Timi Nubla, ABS-CBN News
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GOD BLESS MY COUNTRY
PMP- PARDON of MALACANANG for Prisoners
Presidential pardon = lifetime conditional probation from
the people of Republic.
Violation of Probation- cause of time in prison
Causes of VIOLATION OF PROBATION-disobeyed the condition
of pardon
-committed of another crimes such as felony,
moral turpitude,misdemeanor.
These conditions could be happen to Erap,if he insists to
run again for public office.
The ‘weather-weather’ man
Former President Joseph Estrada, accused of plunder, convicted and jailed – pardoned after six years -- is seeking another crack at the Philippine presidency. Whether he is legally qualified to run for the presidency is another acid test case for the Supreme Court to rule on it.
Estrada, known as the “weather-weather man”, believes that he still has that masa spell that catapulted him to power in 1998. Not anymore! He is in a dream. The ordinary people are not that stupid as what he imagines. After seeing him in the helm of power committing one blunder after another, the ordinary people, mostly his bakya (wooden slipper) fans during his younger days as an actor, are not really that simple, nay shallow-minded, voters. They have matured --- and are educated politically. We have trust in them, as thinking voters; and we are sure they would not commit another misjudgment by putting a man to power again, who proved unequal to the task.
Estrada has no credential to speak of and both his intelligence quotient (IQ) and emotional quotient (EQ) are reportedly below par. He cannot handle a highly complex situation that calls for multiple approaches. Human psychologists say that a man with a very low IQ like Estrada has always that tendency to be violent or autocratic. His all-out war policy against the MILF is such that one-track mind in operation. This is one of his party platforms.
Mind everyone, the MILF is not bothered by this threat or that policy of all-out war. It is not bad to know if any of those running for the presidency treats the MILF as an enemy. The late MILF Chairman Salamat Hashim once told his peers in the Central Committee that it is better to have an enemy brandishing sword rather than an olive branch in hands. In the first, one either brandishes his sword also or run away; in the second, it can be very deceptive: Who can tell that he is hiding a sword in his other hand.
One thing good if he is elected again as president is the old score against the MILF would be settled once and for all. The unfinished “all-out war” in 2000 will be played again. He had bragged that he almost completely defeated the MILF had he stayed in office longer.
The MILF does not want war. Islam has never approved of Muslims wishing war to come; it is completely taboo. But if war does come, Islam condemns Muslims to run away from it.
ERAP shoul be disqualified!!!
It's very simple Erap had committed a very big crime to our country so he shouldn't be allowed to run for presidency because he would do what he did again... He signed the Pardon granted by GMA which includes dis allowing him to run for any public office.. That's very clear why make it complicated.. If it is true to his heart to help poor people he doesn't need to be a President to do that..
We've made history in the world when we had our EDSA Revolution and another during EDSA dos.. I think it's a disgrace for our country to make another history in restoring a President who was ousted by the people in a revolution because of corruption. It's time for us to pick the right people who will serve us, not people whom we will serve...
We already gave him a chance to serve us but he betrayed and fooled us so that's the end of it!!!