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Erap to Nene: Listen to your son

- Jose Rodel Clapano -

MANILA, Philippines - Former President Joseph Estrada yesterday urged Sen. Aquilino “Nene” Pimentel to heed the opinion aired by his lawyer son, Aquilino “Koko” Pimentel III, that he could still run for president in the 2010 elections.

Estrada said the opinion of the younger Pimentel echoes the intent of the Constitution that the sovereign will of the people must prevail.

Estrada said Senator Pimentel himself was contradicted by his own son Koko, as well as Chief Justice Reynato Puno and various legal luminaries that included two retired Supreme Court justices and academics.

Estrada expressed thanks to the younger Pimentel for making what he called “unsolicited advice.”

Estrada cited a Supreme Court ruling, Tecson vs. CA, penned by Puno.

He said Puno made it clear in the ruling that “the better policy approach is to let the people decide who will be the next president.”

Estrada said Puno made a legal opinion in the same decision that the high court may commit an error but the people, in choosing its leaders, should not be blamed.

“To be sure, the Constitution did not grant to the unelected members of this Court the right to elect in behalf of the people,” Puno wrote in the decision.

Critics alleged Estrada is not qualified to run again under the Constitution since he had been elected president in 1998.

The younger Pimentel said there is no constitutional prohibition against Estrada. He said the constitutional ban is only limited to incumbent chief executives.

Pimentel III said Estrada is still qualified to run in the 2010 elections since he was not able to finish his term. Estrada was ousted from office amid accusations of graft in 2001. He was later convicted of plunder but was shortly granted pardon by President Arroyo.

Pimentel III pointed out the four years mentioned in the Constitution “is a very important period of time.”

“In the eyes of the Constitution, a person who has served as President for more than four years has indeed served as president,” he said.

“Since President Joseph E. Estrada served as president only for two and a half years, then he technically has not served as President in the eyes of the Constitution in the sense that those 2 1/2 years of service would be enough to disqualify him from seeking another term as President of the Republic of the Philippines,” Pimentel said.

The elder Pimentel earlier urged Estrada against running in the 2010 presidential elections.

He reminded Estrada of the constitutional ban on former presidents seeking a reelection.

Pimentel said Estrada should play the role of “kingmaker,” being the former president and elder statesman.

But Estrada said the opposition senator should not preempt the Supreme Court in any decision that it makes over the issue.

“I would still like to believe in the independence and objectivity of the justices of the Supreme Court, who will be the final arbiter of this question,” Estrada said.

Estrada’s supporters, led by the youth group Movement of the Youth for Empowerment, Reform, Advocacy and Progress (MyErap), called on the former president to seek the presidency on 2010.

The group said the recent survey results prove that the people wanted Estrada to continue.

“The result of the SWS survey is the best gauge at this time of the people’s choice in the 2010 elections,” said the group’s spokesman Ginno Jaralve.

ADVOCACY AND PROGRESS

BUT ESTRADA

CHIEF JUSTICE REYNATO PUNO

ESTRADA

FORMER PRESIDENT JOSEPH ESTRADA

PIMENTEL

PRESIDENT

PUNO

SUPREME COURT

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