Friday, March 14, 2008 Constitution bars Erap from seeking reelection: Gonzalez
JUSTICE Secretary Raul Gonzalez Sr. said former President Joseph Estrada cannot hope to continue his unfinished term, and the Arroyo administration does not even have to dangle the conditional pardon it gave for his release.
Gonzalez said under the Constitution, Estrada is barred from seeking another elective post as he is deemed to have served his term in full prior to his ouster as President at the height of the Edsa 2.
"I don't think the pardon is the deciding factor; it's the Constitution that says he can't run for any post. Any president who has served his term can't run for any reelection. The privotal term in the Constitution is 'any reelection,'" he said.
"If he is willing to be a transition president, he can always aspire. Erap (Estrada) can't run, he was not succeeding anybody. He was elected, and having served a period of time, he is considered as having served full term," he insisted.
Article 7, Section 4 of the Constitution stated that the President "shall not be eligible for any reelection," and that "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."
Estrada was forced to leave Malacañang in January 2001, barely three years after his election as President, amid mounting calls for his resignation although an impeachment complaint against him before Congress did not prosper.
His conviction last year was due to criminal information for plunder, which may him eligible to presidential pardon.
Gonzalez said while all civil rights have been fully restored to Estrada when the ousted leader accepted the grant of executive clemency, wherein he vowed to recognize Arroyo as President and not to run for any public office again.
Besides, running again would destroy his credibility, the justice chief added, pointing out that Estrada has announced previously that he is no longer interested in running.
Gonzalez also said this must be why Estrada's lawyers were urging him to run and let them argue the point even if it reaches the Supreme Court.
Should Estrada decide to run again, his lawyers are anticipating that it will be questioned before the Commission on Elections (Comelec) and push for his disqualification.
"That's the first impediment. Then they can go to the Presidential Electoral Tribunal (PET), which will take time. That is the theory of the lawyers. That will now depend on the Supreme Court (SC) how fast they will rule," said Gonzalez.
However, by that time, the high court would be ruling in favor of the government since "the composition of the court would be Gloria's," according to Gonzalez.
For Malacañang, Estrada may further divide the opposition instead of uniting them due to possibilities that he would run for the presidency in 2010.
Chief Presidential Legal Counsel Sergio Antonio Apostol said many of the opposition leaders are eyeing the presidency in 2010 and Estrada's possible running is not helping them.
He said among those who have either signified interest to run or whose name is being floated as a possible presidentiables include Estrada, Senate President Manuel Villar Jr., Senator Panfilo Lacson, and Makati Mayor Jejomar Binay, among others.
Apostol said Estrada should be more discerning and not allow himself to be used by anyone, including those who are egging him to run. (ECV/JMR/Sunnex)
