EDITORIAL - Electorate has the final say

The Commission on Elections has recently junked the disqualification cases filed against President Gloria Macapagal Arroyo and former president Joseph Estrada, who are both running in the May 10 elections.

The Comelec’s Second Division cited “utter lack of merit” as reason for its dismissal of the cases to disqualify the candidacies of the chief executive and the former president.

It said Estrada is exempted from the constitutional ban on presidents seeking reelection and that there has been no law barring Arroyo to run for a congressional seat in her province of Pampanga.

In junking all the disqualification cases, the poll body ruled that the best way to judge the validity of the candidacies of Arroyo and Estrada is through the balloting. That means the decision should now rest on the shoulder of the electorate.          

Arroyo and Estrada believe they have all the right to run in the coming elections. They both claim there has never been any legal barrier standing in the way of their candidacies. 

Well, legally, Arroyo is not barred by the Constitution from running for Congress. But those who oppose her candidacy contended that her move only tainted the sacredness of the highest post in the land which she presently occupies.

Her detractors said Arroyo really wanted to extend her grip of power as she aims to become prime minister when the country’s form of government shifts to parliamentary system.  

As for Estrada, whether or not his candidacy has legal loopholes remains to be seen. The debates still continue among legal eagles as to the issues on his latest shot at the presidency.

The former president claimed there are no legal impediments in this candidacy because he did not finish his term. And the fact that the Comelec upheld his candidacy only emboldens him to fight for its legality.

Those who have petitioned against the candidacies of Arroyo and Estrada can still fight their cases before the Supreme Court. In the absence of clear constitutional provisions, only the court of last resort has the final say as to whether the two can run.

However, barring all legal hitches, the fates of the present and former presidents will ultimately depend on the electorate.