by JP LopezOriginal Story: http://www.malaya.com.ph/12042009/news7.html
COMELEC Law Department director Ferdinand Rafanan yesterday said only family members and relatives of former President Joseph Estrada can substitute for him in case he is disqualified from the presidential race in 2010.
"There will be no problem if the substitute has the same family name as Erap," Rafanan said during the Kapihan sa Senado.
This could only mean that Estrada could only be replaced by his wife Loi Estrada, son Senate President Pro Tempore Jinggoy Estrada, or someone surnamed Estrada.
Rafanan cited Section 12 of Fair Election Act (R.A. 9006) which states that "In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided, however, that if the substitute candidate of the same family name, this provision shall not apply."
Rafanan said Estrada also cannot slide down to lower position in case he is disqualified. "They can only change the positions they’re running for unless they become substitutes of candidates who belong to the same party as they."
Rafanan said so far, no one has yet to file a disqualification case against Estrada.
The disqualification case would likely be premised on Section 4, Article VII of the 1987 Constitution which states that the President shall not be eligible for any reelection. – JP Lopez
Original Story: http://www.malaya.com.ph/12042009/news7.html
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