SUPREME COURT FINAL ARBITER ON ERAP'S 2010 RUN -- PALACE
MANILA, NOVEMBER 22, 2008 (TRIBUNE) By Riza Recio - Commenting on reports of the possibility of a run for the top position in 2010 by former President Joseph Estrada, who was ousted from the presidency through a military-backed coup d’ etat by anti-Estrada forces in January 2001, Malacañang yesterday said it will be the Supreme Court that will be the final arbiter in this specific question on his eligibility for the high office.Earlier, Justice Secretary Raul Gonzalez told reporters that Estrada is barred by the Constitution from running again for the presidency, owing to a violation of the condition in his absolute pardon.
Estrada, in answer to Gonzalez’ claim, said he does not need the justice secretary’s “advice,” pointing out that two retired Supreme Court chief justices have already said that nothing bars him from running for the presidency in 2010.
He reportedly identified the two retired chief justices as Artemio Panganiban and Andres Narvasa.
A legal study made by at least three other justices also came up with the conclusion that there is no constitutional bar to Estrada making a run for the presidency, citing that apart from his run not being a reelection, as he is not the incumbent president, Estrada also was not able to finish his term, having been ousted unconstitutionally through a power grab.
Presidential Deputy Spokesman Anthony Golez said the legality of Estrada running for president would certainly pose discussions among lawyers and law schools, which will lead to another milestone in the legal history where the high court will be the final arbiter on the controversial question of his being given a presidential pardon by President Arroyo and his talked-about run in the presidential race.
“Even all lawyers will ask that question. It is question for academics. All law schools will ask that question. But the final arbiter will be the Supreme Court. Anybody can have an opinion on that matter. As for the government, the President and her administration are only focused on pro-poor programs,” Golez said.
“This is a free country. Anyone can position himself and there is nothing wrong in aspiring for something (like the presidency),” he addded.
Golez said that Malacañang was not even discussing the issue of the candidacy of Estrada for presidency.
“We have no position on that. We don’t have any subjective conclusion on that. I will reiterate that our efforts are not focused on these matters and 2010 elections are still far off. We are still focused on government trying to keep afloat amid the global crisis.”
But observers were quick to say that Malacañang and its allies have suddenly taken an interest in the Estrada case despite the fact that the former president has not even declared his intention to run for the same position in 2010, except to say that he wants the opposition to unite behind one presidential candidate to win the polls, otherwise, he may be forced to run for the presidency himself, to stop the administration from cheating the opposition again of its victory, as Mrs. Arroyo did in 2004.
Sources from the Estrada camp pointed out that this was Malacañang’s way of diverting attention from the Charter change focus, where Mrs. Arroyo is highly suspected of pushing, to ensure for herself a longer stay in the Palace. She is again the focus of criticisms from the public.
The Charter change issue exploded again after Press Secretary Jesus Dureza, while opening the Cabinet meeting through a prayer, asked God to grant Mrs. Arroyo the “forbearance” to have good health for her to serve up to 2010 and perhaps beyond.
It was later bared that Mrs. Arroyo and the presidential spouse, First Gentleman Jose Miguel “Mike” Arroyo, were with some 80 congressmen in the Forbes Park home of Leyte Rep. Ferdinand Martin Romualdez, where pledges for her term extension through Charter change were obtained and where the constituent assembly for the change that will guarantee her stay in Malacañang, was launched.
Meanwhile, Sen. Richard Gordon has proposed that government must fund the presidential campaign of legitimate pro-administration and opposition candidates.
He said this will help prevent such candidates from becoming beholden to the private sector that might offer to fund their presidential bid.
“Government must set aside a special fund for this purpose,” Gordon said on the side of the Kapihan sa Sulo forum in Quezon City Saturday.
He also said providing uniform government allocation will level the playing field among presidential aspirants.
Presidential candidates who already hike their public appearances through advertising and other means, even before the official campaign period, must give voters accounts of their finances and deduct expenses incurred from their respective total allowed expenditures, he continued.
Gordon’s proposed government funding is among the reforms he is seeking to help improve the country’s electoral process.
His other proposed reforms include automating the electoral process, early voting without disclosing results until after election day, and holding presidential debates before campaigning begins.
“Being on the side of political reforms, I have introduced electoral amendments geared toward achieving this goal,” he said.
Gordon, who is the Senate constitutional amendments, revision of codes and laws committee chairman, urged government to already release automation budget of the Commission on Elections (Comelec).
“By law, elections in 2010 must be automated so Comelec needs its budget to have more elbow room,” he said during the forum.
He noted that prospects for successful automated polls are brighter now as machines that can help realize these are already available in the market.
Automating elections will also help lessen the number of voting precincts nationwide since these can handle more votes.
“We can even have voting start at 5 a.m. or 6 a.m.,” he noted.
All parties eyeing the presidency must join debates on issues the country is facing, Gordon further said.
He believes this will enable the candidates to inform voters about their views on such issues and about the action they will take to fulfill their campaign promises.
In a related development, Opposition Sen. Francis Escudero, who was in Butuan Friday, said the proposal to amend the 1987 Constitution before May 2010 “is already dead as far as the Senate is concerned” and that presidential elections in 2010 will go on as scheduled.
Escudero predicted seven candidates, coming mostly from the ranks of the opposition, would run for the presidency, hinting he still has to decide whether or not he would also join the race. He will reach the required age of 40 for the presidency on Oct. 10, 2009.
Earlier, Escudero challenged former President Estrada to identify first who among the present opposition leaders were genuine oppositionists before embarking into what the 39-year-old senator described as “genuine opposition’s unity talks.”
Coming from Surigao City, Escudero and his staff held a press conference at the Dottie’s Hotel lobby, where his staff said the senator from Sorsogon is just doing the rounds of provincial visits in Mindanao and not for consultations on his presidential or vice presidential ambitions.
After Butuan City, Escudero told local newsmen he would visit the cities of Tandag, Bislig, Mati and Davao.
In his unsolicited advice regarding the former president’s threat made public that he would be forced to run for the country’s top elective post again if the opposition fails to unite for a single standard bearer, Escudero claimed it is very important to identify who among the current list of presidentiables “are real oppositionists right from the start.”
As if hinting that the call for a single standard bearer of the opposition is impossible, Escudero predicted there would be seven aspirants aiming their guns for the top Malacañang post in the 2010 presidential elections.
“And if President Erap will succeed in his unity call, then it will be narrowed down to two,” Escudero said.
Escudero said his age does not qualify him to run for the presidency until Oct. 10, 2009, when he turns 40 years old. He added that he would announce after that date whether he would run for president or vice president. With PNA
Chief News Editor: Sol Jose Vanzi
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