DoJ chief: Erap disqualified from the 2010 presidency

By Benjamin B. Pulta

11/21/2008

Fears of deposed President Joseph “Erap” Estrada running for the presidency in 2010, following a threat from the former President that he would be forced to run for the high seat again if the opposition presidential aspirants do not unite behind a single opposition standard bearer, President Arroyo’s attack dog, Justice Chief Raul Gonzalez yesterday told the media he believes Estrada is preparing for a run for the 2010 presidency, as his body language is clear.

Gonzalez said that Estrada “really has intentions to run and he is using this (unity of the presidentiables) as a reason.”

But the Justice chief also stressed that Estrada’s intention to run for the presidency, aside from this run constituting a breach of the executive pardon, will also violate the constitutional provision prohibiting the President to run again.

“So if there was such a thing (referring to one of the whereases where Estrada agreed not to participate in any election in exchange for the grant of executive clemency by Mrs. Arroyo), that could be a violation. But I don’t think we should be concerned with that. We should be concerned about what the Constitution says,” the Cabinet secretary said.

“He is not qualified to run because the provision there says that if the President has completed his term he cannot run in any other election,” he added.

While Estrada was ousted from office, Gonzalez explained that under the Constitution, Estrada finished his term because he was removed after serving more than two years as President.

The DoJ chief stressed that the term of office of Estrada was considered “completed” because of his ouster from power and the plunder charges of which he was convicted with finality.

Gonzalez pointed out that the opposition should first resolve the issue of legality of the candidacy of Estrada before he makes a comeback in the political limelight.

At the same time, Gonzalez clarified that the administration remains unperturbed and unaffected assuming that Estrada will attempt to take a second shot to the presidency in the elections.

Legal sources from the Estrada camp, asked to comment on the Gonzalez statement, dismissed it, pointing out Gonzalez’s “legal” and “constitutional opinions” have many times been thumbed down by the Supreme Court, saying that it was Gonzalez who said that the emergency rule was legal and constitutional, when it was struck down by the high court. They pointed as well to the Executive Order 464, or the gag rule which was also struck down by the high court.

“He (Gonzalez) will always give a legal opinion that will favor Gloria Arroyo,” they said, adding that Gonzalez is not the final judge in this matter, stressing that at least three Supreme Court justices studied the case of Estrada and said he is qualified to seek the presidency again.

Gonzalez, however, admitted that even if Estrada runs for president, he expressed doubts on whether the pardon granted to him can be revoked.“I don’t think so.”

But he also said that the political opposition will be facing a major debacle if ever it chooses Estrada as its standard bearer in the 2010 presidential elections.

A former movie actor who rose to local and national politics, Estrada clinched the presidency in 1998 with the widest margin of votes, only to be ousted two years later amid accusations of rampant graft and corruption under his leadership.

He was succeeded in January 2001 by Mrs. Arroyo who was then the incumbent vice-president.

Estrada was tried and convicted by the Sandiganbayan on charges of plunder but was given absolute pardon by Mrs. Arroyo.

It is held that when the president grants executive clemency or absolute pardon, it is an implicit admission that the courts had failed in meting the accused fair justice.

It is common knowledge that Mrs. Arroyo made it clear to the Sandiganbayan justices who tred Estrada that she wanted him convicted. She has rewarded the Sandigabayan presiding justice Teresita de Castro with a seat in the Supreme Court shortly after Estrada’s conviction.

A presidential seat for Senate President Juan Ponce-Enrile is an unlikely development, Gonzalez also yesterday said commenting on calls of anti-Arroyo groups to force Mrs. Arroyo and Vice President Noli de Castro to resign and for Enrile to possibly take over as acting president.

“That’s highly unlikely,” Gonzalez said.

The rabid Arroyo supporter issued the statement after anti-administration forces revived calls for her and the Vice President to resign and install Enrile as an interim president who would then call for the holding of special election.

Gonzalez said the public should reject all calls for the removal of the President, particularly through extra-constitutional means.

“It’s something that should not be given any serious thought,” the DoJ chief remarked.

The Justice Secretary lauded the new Senate President for immediately rejecting suggestion that he take over the government as acting President. With PNA

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