Sophia M. Dedace, GMA News.TV, mentioned in her article entitled, Estrada's 2010 presidential bid revives legal debate that a portion of Mrs. Arroyo’s order granting Estrada pardon reads: "Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office." The Article VII, Section 4 of the 1987 Constitution clearly stated 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.
Dean Amado D. Valdez of the University of the East College of Law interprets this constitutional provision as a restriction against the following from seeking re-election: incumbent presidents, and those who have finished the six-year term as prescribed in the 1987. He added that the incumbent is not allowed to seek re-election, to avoid his misuse of government resources as the concern of the Constitution’s drafters. His opinion was echoed by Estrada’s lawyer, Jose Flaminiano, a former regional trial court judge. Flaminiano said that the constitutional ban on re-election, ‘The President shall not be eligible for any re-election,’ only applied to incumbent presidents.
However, election lawyer Romulo Macalintal and former Commission on Elections chair Christian Monsod did not agree with Valdez and Flaminiano. Macalintal, Pres. Arroyo’s lawyer, said that the constitutional restriction applies to anyone who was elected president regardless of either they are incumbent or have been elected in the past. Monsod explained that a member of the 1986 Constitutional Commission (ConCom) that drafted the 1987 Constitution, an elected president gets only ‘one shot at the presidency.’
Estrada’s camp argued that the ousted leader can run again because his term was cut short to less than three years following the January 2001 when “Edsa II" was uprising. ‘Hindi natapos yung term ni Erap. He did not serve for more than four years so he is not disqualified to run,’ Flaminiano argued. Monsod said that this particular constitutional ban applies to those who succeeded the presidency who have not served for more than four years. He mentioned that Gloria Macapagal Arroyo, who succeeded Estrada in January 2001, was qualified to run for president in 2004 because the remainder of Estrada’s term that she served was less than four years. Monsod said that the prohibition does not apply to Estrada, who was an elected president, not a successor.
According to the Supreme Court ruling, Estrada left his office and this constituted his resignation. When retired justice Jose Vitug read the concurring opinion; it is understood that Abandonment of office is a species of resignation, and it connotes the giving up of the office although not attended by the formalities normally observed in resignation. So, it is a prerogative that when he abandoned his office; he had already relinquished his power to his successor Vice President Arroyo.
Moreover, the Supreme Court clarified that Estrada’s announcement last Wednesday does not make him an official candidate yet. His presidential attempt be honored only when he will file his certificate of candidacy between November 20 and 30.
Some are still insisting their intent to support the candidacy of Pres. Estrada. Some are doubtful whether he can still take the throne for presidency despite his abuse of power, incompetence, and moral ascendancy. Some say, he is the movie hero that once rose to power, fell to impeachment, rose to his political and civil rights. Some say, he remains the ousted president that will never rise from his political flaw. Some say, he is just a human who is expected to commit mistakes. Some say, he deserves to be forgiven. Some say, he is forgiven but his weaknesses remain as scars in the heart of the Filipinos. Pres. Estrada was once a hero of the masses. Everyone looked up to him as the best driver and the best man in the world. However, his mediocrity seized him and led him to the four corners of the cell. Filipinos, in this epoch, witnessed that the hero of the masses has been grandly suffered from his tragic flaw which caused of his downfall. In his time, we realized his imperfections and vulnerability. Yet, today reminds us that letting this happen again is a reflection of stupidity.
