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Comelec throws out petition to bar Estrada

By Kristine L. Alave, Christian V. Esguerra
Philippine Daily Inquirer
First Posted 05:12:00 10/28/2009

Filed Under: Inquirer Politics, Eleksyon 2010, Elections, Joseph Estrada

MANILA, Philippines—Moving swiftly, the Commission on Elections (Comelec) Tuesday dismissed a petition to disqualify former President Joseph Estrada from running again in the May presidential elections.

Comelec Chair Jose Melo said the petition filed on Monday by lawyer Oliver Lozano was “premature.”

“We denied it. There’s no matter to talk about,” Melo told reporters, pointing out that although Estrada had declared at a rally on Wednesday his intention to contest the presidency, he had not yet filed his certificate of candidacy.

The filing has been set by the Comelec to begin on Nov. 20.

Commenting on Lozano’s move, Malacañang Tuesday said the people should ultimately decide Estrada’s eligibility.

“The voice of the people is the supreme law,” Press Secretary Cerge Remonde told reporters, describing the issue as “more of a political question.”

The Palace had earlier maintained that Estrada was no longer eligible to participate in the 2010 presidential race, citing the constitutional ban on the reelection of presidents and the condition on the pardon he got after his conviction on plunder charges two years ago.

Malacañang expressed confidence that the administration’s standard-bearer, Defense Secretary Gilbert Teodoro Jr., would emerge victorious.

Estrada made history in 1998 when he got the most number of votes at around 11 million for any Philippine president. In contrast, Teodoro remains at the bottom of recent surveys of possible presidential contenders.

“We have been maintaining that we [should] never rely on the weakness of our opponent. We have to strengthen our position. If we are weak, then we have no right to go into a contest,” said Cabinet Secretary Silvestre Bello III.

Asked why the Palace seemed confident of Teodoro’s chances even with Estrada in the race, Remonde said: “It’s not a matter of confidence. It’s a matter of believing that that is what’s right … The highest political authority here is the people.”

The 69-year-old Lozano cited in his petition the constitutional ban on the president seeking reelection.

A little-known lawyer who emerged to lead protests against the ouster of the dictator Ferdinand Marcos in 1986, Lozano has intervened in high-profile political cases ostensibly to gain publicity.

In one of his premature moves, the Supreme Court dealt him a public rebuke, saying he was suffering from “cerebral deficit.”



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