MANILA, Philippines - The Commission on Elections (Comelec) will not question the expected presidential candidacy of deposed President Joseph Estrada in the May 2010 elections.
Comelec Commissioner Rene Sarmiento told a House hearing that the commission would have no choice but to accept Estrada’s certificate of candidacy if he makes good his threat to run again for president.
“We cannot challenge it. Someone else has to file a complaint with the Comelec questioning his candidacy,” he said.
Sarmiento was responding to questions raised by opposition Rep. Rufus Rodriguez of Cagayan de Oro City, one of Estrada’s lawyers in his plunder trial at the Sandiganbyan.
Estrada, who fell from power in 2001 amid his Senate impeachment trial on corruption charges, is believed to be preparing to run for president again.
He claims that he was illegally ousted and that then Vice President Gloria Arroyo conspired with some military and police generals to remove him from power.
There is a raging debate on whether a former president like Estrada can seek the presidency a second time.
According to Fr. Joaquin Bernas, who was a member of the 1986 Constitution Commission (Con-Com) that wrote the present Constitution, the Charter prohibits Estrada from aspiring to be president again.
He said the Constitution bans the President from any reelection, whether immediate or future.
Citing the proceedings of the Con-Com, Bernas said the prohibition applies to anyone who has occupied the presidency.
Rodriguez and other lawyers of Estrada contend that the deposed president is not covered by the reelection prohibition.
The Cagayan de Oro congressman said the prohibition applies only to an incumbent president who might use the power and influence of his office to promote his candidacy if he were allowed reelection.
But since Estrada is not an incumbent president and has no power and influence to use, he is not covered by the ban and is qualified to run again for president, he said.
“He will be seeking election to the presidency, not reelection,” he stressed.
He conceded that the issue might reach the Supreme Court. – Jess Diaz