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By William B. Depasupil, Reporter
Citing the Constitution as the main stumbling
block, Justice Secretary Raul Gonzalez on Thursday pointed out that
ousted former President Joseph “Erap” Estrada and all other
past Presidents cannot run for the same position in the 2010
elections.
“He can always aspire, but he cannot run,”
Gonzalez, told a press briefing. “Any president who [had served]
his term cannot run for any reelection.”
Estrada, who won the presidency in 1998 against
then-Speaker Jose de Venecia Jr., served only for two-and-a-half
years before he was ousted by a “people power” uprising in
January 2001. He was convicted of plunder in 2007 but was later
pardoned by President Gloria Arroyo.
Gonzalez explained that even if Estrada was not
able to finish his term, his stay in Malacañang is still considered
a full term under the Constitution.
“The Constitution says that if you have served
for more than two years, you are considered having served your full
term,” he added.
“He [Estrada] cannot run. That’s my
position. The pivotal term in the Constitution is no reelection,”
Gonzalez said.
If he remains the people’s choice, Estrada
said he may run for public office in 2010.
“I’ll think about it. Right now I have no
intention of running, but if the people will clamor for it, who am I
to refuse?” he told a press conference with the Foreign
Correspondents of the Philippines at the Sofitel Hotel in Pasay City
also on Thursday.
Estrada said he has already picked his top five
presidential candidates to support—Senate President Manuel Villar
Jr. and Senators Loren Legarda, Manuel “Mar” Roxas 2nd, Francis
Escudero, and Panfilo Lacson.
He added that a sole presidential bet would
ensure victory for the opposition in 2010 and he is willing to
support any of his five picks who will top poll surveys in 2009.
Estrada said he is more focused on uniting the
opposition, and he is looking for a way to convince opposition
groups to support only one presidential candidate.
In the meantime, he added, the United Opposition
is already forming a “powerhouse” senatorial lineup.
Estrada said three opposition members who are
almost sure of being included in the slate are: United Opposition
spokesman Adel Tamano, Parañaque City Rep. Roilo Golez, and
Bukidnon Rep. Teofisto Guingona 3rd.
Since his pardon last year, he has been roaming
the country on the ground that he was just thanking his supporters
for their support. In some instances, though, he hinted at running
again and, on other occasions, even expressed his readiness to
become a transition President if Mrs. Arroyo resigns or is ousted
from office.
Gonzalez said the succession provision provided
under the Constitution is not applicable as well to Estrada as he is
not succeeding anybody and he is not the vice-president of the land.
Despite the constitutional barrier and if
Estrada is really bent on running for the presidency in 2010, the
Justice chief said, he is free to file his candidacy before the
Commission on Elections.
“But what I know is some of the advisers of
Erap were [telling him], ‘Just run and let them [critics] contest
it in the Supreme Court. It will take a long time to finish,’ ”
he added.
If Estrada will decide to run, Gonzalez said,
the first impediment would be a disqualification case before the
commission and if the poll body will rule in his favor, the case
will then go the Presidential Electoral Tribunal, or the High Court
sitting as one.
He stressed that by 2010 it will be a
“Gloria’s court,” referring to the composition of the
appointed justices in the Supreme Court.
-- Katrice R. Jalbuena
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