Pardon is unconditional

MR. EXPOSE

Amb. Ernesto Maceda

10/23/2009

Executive Secretary Eduardo Ermita, Acting Justice Secretary Agnes Devanadera and Cabinet Secretary Silvestre Bello reacting to President Joseph “Erap” Estrada’s announcement of his candidacy Wednesday night in Tondo, claimed that Erap cannot run because his pardon was conditioned on a promise not to run for public office.

Justice Magdangal Elma, UP Law ’62 cum laude, Master of Laws, Yale Law School ’62, former Presidential Legal Counsel of President Corazon Aquino, disputes Ermita’s position. In a legal treatise, he wrote: “Solicitor General and then Acting Justice Secretary Devanadera has also been reported to have said that former President Estrada could not run again for president because of the condition in the ‘executive clemency’ that he will no longer seek any elective office. She was referring to the third ‘Whereas’ clause of said executive clemency. She considered the ‘Whereas’ clauses of the ‘preamble’ of said presidential act as ‘conditions’ of the pardon and thus characterized it as conditional.

“The ‘preamble’ (or ‘whereas’ clauses) of a law or any presidential issuance is really not an integral part of a law’ or issuance and cannot be the ‘origin of rights and obligations’ and ‘can neither expand nor restrict the operation, much less prevail over its text.’” (Chief Justice Panganiban’s separate opinion in Echegaray vs Secretary of Justice, G.R. No. 132601, Jan. 19, 1999, 301 SCRA 96, 132 citing Agpalo, Statutory Construction, Second Edition 1990; Martin, Statutory Construction, Sixth Edition, 1984). Thus, while the “whereas” clauses may be considered as reasons for the grant of the pardon, they cannot be considered as conditions of the pardon, nor be the source of former President Estrada’s obligations, nor restrict the operation of the pardon, nor prevail over the text of the pardon granted him.

“We submit that the statement in the ‘whereas’ clauses that ‘Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office’ cannot restrict the operation of or prevail over the explicit statement in the executive clemency granted to him that “He (Estrada) is hereby restored to his civil and political rights.” And “the right to vote and to be voted for a public office,” including the presidency, are political rights of a Filipino citizen (per Justice J. P. Benzon, Maguera vs Borra, G.R. No.: 24762, Sept. 7, 1965, 15 SCRA7, 10) which have been restored to President Estrada by the “executive clemency” granted him by President Arroyo.”

Clearly, Erap’s pardon is unconditional and absolute and restores his civil and political rights.

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Manila for Erap. The biggest and most potent bloc of leaders that attended Erap’s rally in Tondo was composed of 17 incumbent councilors and several candidates for councilor and 200 Barangay chairmen:

The list of incumbent Manila councilors who attended President Erap’s and Jojo Binay’s Announcement were:

District I

Councilors: Dennis Alcoreza

Roland Sy

District II

Councilors: Marlon Lacson

Uno Lim

Ivy Varona

District III

Councilors: Letlet Zarcal

Joel Chua

Mon Morales

District IV

Councilors: Edward Maceda

Jo Quintos

Amy Tolentino

District V

Councilors: Cora Gernale

Cristy Isip

Che Borromeo

District VI

Councilors: Joey Uy

Bonjay Isip Garcia

Joy Dawis Asuncion

Candidates for councilor Vladimir Cabigao and Rhodora Silva also joined.

With Edsa III organizations such as PMAP, UMDJ, and FPJM spearheading the campaign, the Erap-Binay team should win in Manila handily.

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Local officials. Malacañang who kept boasting that 80 percent of local officials are for the administration candidate must have been jolted upon seeing more than 100 incumbent provincial, city and municipal officials join the Erap-Binay bandwagon.

Among those present, Cagayan de Oro Mayor Donkoy Emano who brought lawyer Michael Paderanga (running for governor) and Peter Unabia, (for Congress) with incumbent Rep. Rufus Rodriguez, Cabanatuan City Mayor Alvin Vergara, Antique Vice Gov. Rhodora “Dodot” Cadiao (running for governor) with SP Members Calixto Zaldivar III and Hector Frangue, Samar Vice Gov. Jesus Redaja (running for governor), Gilbert Wagas (running for Congress) with Cebu Mayors Richie Wagas, Carmen Pua and Roger Bacuerto. Camarines Norte Vice Gov. Roy Padilla (running for governor) with brother Mayor Roger Padilla of Jose Panganiban town, Navotas City Mayor Toby Tiangco (running for Congress), Laguna Vice Gov. Edwin Olivares (running for Congress) Malabon City Vice Mayor Arnold Vicencio (running for Congress), Iloilo City Councilor Jam Baronda (running for vice mayor) Camarines Sur SP Members Emmanuel Llaguno and Marcial Pan together with 9 incumbent mayors, Rizal Gov. Casimiro Ynares with 13 incumbent mayors, Masbate SP Dr. Noynoy Legaspi, Pagsanjan Mayor E.R. Ejercito Estregan (running for governor) San Pablo City Councilor Ellen Reyes (running for vice governor) SP Member Alice Pulido and Mayor Teddy Cruz of Pangasinan, Mayor Magdaleno Peña of Pulupandan, Negros Occidental and many incumbent mayors from Nueva Ecija, Bulacan, Cebu and Davao.

Attending in full force were 2,000 Agilang Pilipino members headed by Nilo Raymundo, Wimpy Fuentebella and Regional and Provincial Chairmen Jojo Longcob of Iligan, Charles Ng and Mylene de los Santos of General Santos, Dr. Renato Cheng of Marikina, Dr. Mike Jacalan of Sultan Kudarat, Dennis Tan of Camarines Sur, Chito Hermosura of Bohol, Dr. Marichi Ramos of Bacolod, Kenneth Ching, Baby Luat, Shelley Raymundo, Toto Ong and Mimi Ong of Ozamiz.

Manila police estimated the crowd at 10,000. It definitely was much more, close to 20,000 but what is significant is the fact that nobody left till the end.

Fireworks were donated by a big leader of Secretary Lito Atienza.

It was a God-given rally because typhoon “Ramil” did not arrive and there was no rain.

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