Lawyers say to Erap’s FACE: ‘Your reelection bid is illegal’

[Monseratto]

The argument of Erap is that he is eligible to run again because he was "forced" to resign and didn't finish his term. Now if pandak were to resign now and use the same reason to run again... Obviously Erap lack of common sense is showing.

In a forum attended by former President Joseph “Erap" Estrada himself, lawyers voted Wednesday against his plan to run again for the country’s top post in the 2010 elections.

Estrada surprised participants of a debate on the legality of his plan to join next year’s presidential race when he showed up and participated in the event in San Juan. However, his presence failed to sway the lawyers’ vote in favor of his reelection.

Eighteen of the 30 lawyers who attended the forum said Estrada cannot run again for president in 2010, because the Constitution clearly prohibits ex-presidents to seek reelection. Seven lawyers agreed with the legality of Estrada’s reelection bid, while three said they were undecided.


Election lawyer Romulo Macalintal argued against Estrada’s reelection, saying that the former president had clearly resigned after the EDSA 2 popular uprising in 2001, thus making him ineligible for reelection.

Macalintal cited a Supreme Court ruling in March 2001 saying that Estrada “constructively left" Malacañang, thus allowing then Vice President Gloria Macapagal-Arroyo to assume the presidency.

He added that Estrada’s expressed desire to clear his name and his appeal to followers to support the Arroyo administration were sure indications of his resignation.

After Estrada’s ouster, Arroyo continued his unfinished term and was eventually elected in 2004 for another six years as president.

When Estrada tried to rebut Macalintal’s arguments, the election lawyer urged the former president to respect the constitutional provision disbarring his reelection.

"The Constitution is clear. Kailangan pa bang i-memorize yan? (Does that point still need to be memorized?)" Macalintal said, invoking a catchphrase popularized by a radio station.

Section 4 of Article VII in the Constitution says that “(the) President shall not be eligible for any re-election. 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." - Andreo C. Calonzo, GMANews.TV

[ghosthunter]

It is about time someone told Erap (in his face) that his re-election bid is illegal.

[_Qwerty_]

eh bakit tong news sa philstar.. pwede pa daw tumakbo?? ano ba talaga kuya..

Erap can still run in 2010 presidential elections - Puno
By Cecille Suerte Felipe (The Philippine Star) Updated September 24, 2009 12:00 AM

MANILA, Philippines - Former President Joseph Estrada can still run for president in the May 2010 polls and his grant of pardon will not be an impediment to his political plans, according to Interior and Local Government Secretary Ronaldo Puno.
Puno was instrumental in facilitating the pardon of Estrada in 2007 after he was convicted by the Sandiganbayan. “Personally I don’t believe that the grant of clemency is going to be an impediment to his running. Notwithstanding the ‘whereas’ clause which explains that he did not, at that time, intend to run for president,” said Puno. “I don’t believe that the whereases limits the dispositive portions of the executive clemency, since it specifically returned to him his full civil and political rights. So insofar as that particular grant of executive clemency is concerned, I don’t believe there is anything in it that will inhibit Estrada from running again,” Puno told reporters during the Manila Overseas Press Club (MOPC) gathering in Makati City the other day.

“The question really is whether people will believe that he is still the correct man to run the government, he will have to prove that again,” added Puno.
Estrada said he is 99.9 percent sure of running for president in the May 2010 elections unless the opposition unites and fields a single candidate. Yesterday, Estrada insisted that he is eligible to run in the 2010 presidential derby.

At the debate on whether he could run or not, Estrada maintained that there are no provisions in the Constitution that would bar him from seeking the presidency next year.

“For me, the prohibitions in running again only apply to the incumbent president because of undue advantage. She could use the fertilizer fund, the road user’s tax and other government funds,” Estrada said in his usual slurred speech.
Estrada also argued that he could use the Supreme Court ruling in the case of his friend, the late movie actor Fernando Poe Jr. whose citizenship issue, the High Court ruled, should depend on the people’s decision to vote for him or not.
“Ang taong bayan ang dapat mag desisyon (The people should decide),” Estrada said.

But election lawyer Romeo Macalintal said the SC’s ruling on Poe’s case could not apply to the case of Estrada.

He said the Poe case was about citizenship while the case of the former president is regarding re-election.

“He (Estrada) has taken an oath of office to abide by the provisions of the Constitution which included that he is not eligible for re-election,” Macalintal said.
He added that President Arroyo, who was then Estrada’s vice president, was only continuing the unfinished term of Estrada when he was ousted in 2001, exempting her from being covered by the four-year clause provided in the Constitution.

[meledson]

Maybe he is missing the drinking sessions at the Palace.

[innoBOB[09JmtG]]

haha, sa pilipinas, basta madami kang pera, kahit ano pwede mo paikut ikutin..

dapat jan e tinitira na sa puwet

[ghosthunter]

yup, i agree. IN the Philippines, all you need is a lot of money to make the law work for you!

[Monseratto]

Estrada also argued that he could use the Supreme Court ruling in the case of his friend, the late movie actor Fernando Poe Jr. whose citizenship issue, the High Court ruled, should depend on the people’s decision to vote for him or not.
“Ang taong bayan ang dapat mag desisyon (The people should decide),” Estrada said.

??? ??? ??? Parang malayo yung logic... Parang "to hell with the constitution, let my fans decide (hic hic hic)!".

[innoBOB[09JmtG]]

sarap hampasin ng bat

[_Qwerty_]

just for argument's sake.. naka 4 years ba si Erap?

Section 4 of Article VII in the Constitution says that “(the) President shall not be eligible for any re-election. 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."

[CVT]

Ang pangalan ng "Puno" ay "Balimbing" o "Hatiin".... :hysterical:

8701:soccer:

[valskie01]

gusto ni Puno na tumakbo si erap para mahahati ang boto . mas maraming opposition candidate for president mas advantage sa administration candidate.

[cktlcmd]

God! NOT HIM AGAIN!!!!

But knowing stupid Filipino voters...if in any case they let him ran again...I am sad to say...he might win.

I went away from the Philippines for a few years...when I came back...his STUPID son's...a senator and a mayor! WHAT A FXXXXX UP COUNTRY!!! Kayo naman dyan na bumoboto....MAG-ISIP NAMAN KAYO!

[oliver1013]

Karamihan kasi sa may utak di naka rehistro Nawalan na ng gana

[tidus1203]

Kaya nga daw di pwede democracy sa Pilipinas dapat satin dictatorship. Democracy bagay lang sa isang bansa na matatalino ang mga tao eh dito majority BOBO kaya labas BOBO din...

[ghosthunter]

Democracy in the Philippines is a failed experiment.

[kinyo]

just for argument's sake.. naka 4 years ba si Erap?

nope, but neither was he a succeeding president ... he was an elected president

the particular clause was what made gloria qualified to run last 2004

[vito corleone]

yup, the people, especially the poor ones, are partly to blame for not voting wisely, pakitaan lang ng 500 petot, kuha na boto nya. . .huwag sana nilang laging gamitin yung katwiran na "pag nagugutom ka blah blah blah". . .we should learn how to think on a longer term. . .sometimes the filipino's practicality causes his doom, we have become practical in a lot of cases that we destroy our future just to survive today

i am still hoping for a filipino electorate wherein we do not vote for anyone if none of the candidates is good enough. . .pormang "none of the above" para matauhan yang mga naghahangad pumuwesto sa pamahalaan

[shadow]

Section 4 of Article VII in the Constitution says that “(the) President shall not be eligible for any re-election. 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."

the problem with our constitution is it's open for interpretation, hinde talaga malinaw eh.

depende kung pro or con yun nag interpret.

kagaya na "the President" sino ba yan is it the sitting President or lahat ng President?

and ang isa pang magulo sa case ni Erap eh hinde niya natapos ang Presidency niya.

ang nagpagulo talaga yun mga pasimuno ng EDSA 2 saka yun mga sumali...hinde kasi makapaghintay. gaya gumugulon ngayon.

[_Qwerty_]

dapat kasi nilinaw na lang nila.... a person that has won the presidency via electioin can not run again for president.

[uls]

cktlcmd:

God! NOT HIM AGAIN!!!!

But knowing stupid Filipino voters...if in any case they let him ran again...I am sad to say...he might win.

I went away from the Philippines for a few years...when I came back...his STUPID son's...a senator and a mayor! WHAT A FXXXXX UP COUNTRY!!! Kayo naman dyan na bumoboto....MAG-ISIP NAMAN KAYO!

tidus1203:

Kaya nga daw di pwede democracy sa Pilipinas dapat satin dictatorship. Democracy bagay lang sa isang bansa na matatalino ang mga tao eh dito majority BOBO kaya labas BOBO din...

hahaha

getting teamed up by the "Filipino can" crowd sometimes makes me feel i'm being too negative

hindi pala