THE Supreme Court (SC) has given due course to a petition filed by former Manila Mayor Alfredo Lim in connection with a disqualification petition he filed against incumbent Manila Mayor Joseph “Erap” Estrada.
In a resolution dated April 22 that was released to the media only recently, the court en banc “resolved to give due course to the petition and petition-in-intervention[.]”
Alicia Risos-Vidal, the legal counsel of Lim during canvassing in the May 2013 polls, is the petitioner in the case, while Lim is the intervenor since he will benefit from the case once Estrada is disqualified.
The High Court has treated the comments as answers and required the parties to submit their memoranda within 30 days from notice.
According to the court, the memorandum of each party shall contain a statement of the case, a statement of facts, a statement of the issues, arguments and reliefs.
“No new issues may be raised by a party in the memorandum, and the issue raised in the pleadings but not included in the memorandum shall be deemed waived or abandoned. Being a summation of the parties’ previous pleadings, the court may consider the memorandum alone in deciding or resolving this case,” the resolution read.
Vidal filed a disqualification against Estrada before the Commission on Elections (Comelec). It was seconded by Estrada’s defeated opponent Lim.
She and Lim contested before the Supreme Court the Comelec ruling junking her disqualification case against Estrada, who as President had been convicted of plunder.
Vidal argued that the Comelec ruling should be reversed by the High Court, saying the poll body committed grave abuse of discretion.
The lawyer said Estrada’s conviction for plunder disqualified him from seeking another public office. Estrada’s presidency began in 1998 but was aborted in 2001 when a popular uprising ousted him from Malacañang.
The pardon granted to him by then-President Gloria Arroyo did not restore his right to seek or hold public office, Vidal argued.
The Manila Board of Canvassers proclaimed Estrada and his running mate, Vice Mayor Isko Moreno, after the former president won the 2013 mayoralty race over the incumbent Lim by more than 30,000 votes.