Friday, November 20, 2009

Erap forms legal panel to defend his 2010 poll bid vs disqualification


11/21/2009 | 05:55 AM


Former President Joseph Estrada on Friday said he has increased the number of legal luminaries that would defend his second attempt to win the presidency from possible disqualification complaints.

Estrada, during an interview with GMANews.TV’s "Examine!" on Friday, said he tapped the help of a retired Supreme Court justice, an election lawyer, and deans of several law schools “to assist" him in proving his eligibility for reelection before the Commission on Elections.

United Opposition (UNO) spokesman Ernesto Maceda, in a separate press briefing at the Senate, said that those included in Estrada’s legal panel are:

• Justice Magdangal Elma, former Presidential Legal Counsel of the late President Corazon Aquino,
• Pacifico Agabin, dean of the University of the Philippines' College of Law;
• Amado Valdez, dean of the University of the East College of Law;
• Cagayan de Oro Rep. Rufus Rodriguez, former dean of San Sebastian Law School;
• George Garcia, elections lawyer; and
• Aquilino Pimentel III, law professor.

Maceda said that although their camp has already been expecting a number of disqualification cases right after Estrada files his certificate of candidacy (COC) on November 27, they were “extremely confident that we will win that case."

But if they lose, Maceda said, UNO would consider fielding a substitute candidate or endorsing another presidential candidate in the 2010 elections.

One of the legal contentions raised against Estrada was the provision in the Constitution stating that an elected president can longer seek reelection.

Under Article VII, Section 4 of the 1987 Constitution, "The President shall not be eligible for any reelection. 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 and his camp have repeatedly argued that the provision does not apply to him because he only served two and a half year in office.

Another source of conflict was whether the executive clemency that President Arroyo granted to Estrada in 2007 bars him from running anew.

On Sept. 12, 2007, the anti-graft court Sandiganbayan found Estrada guilty of plunder but Mrs. Arroyo immediately granted him pardon on the condition that he has “committed to no longer seek any elective position or office."

But Estrada’s camp said the pardon was absolute and unconditional because it was also stated in the order that his civil and political rights have been restored.

So far, only one case has been filed against Estrada since he officially announced his intention to seek the presidency last month. But the complaint was immediately dismissed by the Comelec, saying it was “premature" to tackle the issue as the former president has yet to file his COC. - Aie Balagtas See, GMANews.TV


Source: http://www.gmanews.tv/story/177490/erap-forms-legal-panel-to-defend-his-2010-poll-bid-vs-disqualification

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