2 Manila residents file civil case vs Estrada

Former president Joseph Estrada

MANILA, Philippines–Two Manila residents have filed a civil case with the Manila Regional Trial Court against deposed President Joseph Estrada questioning the conditionality of his plunder pardon and the validity of voting for him.

Estrada, who is running for Manila mayor against incumbent Alfredo Lim, was convicted of plunder by the Sandiganbayan in 2007 but was granted executive clemency by his successor, former President Gloria Macapagal-Arroyo.

Registered voters Romeo de Leon of Tondo and Mariel Limueco of Pandacan, through lawyer Rodrigo Melchor, cited the provision in the pardon saying that “Estrada has publicly committed to no longer seek any elective position or office.”

“The question is whether the pardon is conditional or unconditional. If the pardon is conditional, the petitioners’ votes for (Estrada) will be in clear and present danger of being rendered meaningless or useless,” the case for declaratory relief read.

It said that if the respondent was found to have violated the condition of the pardon, “the pardon is set aside and the original punitive sentence, which has not been nullified but only suspended, may be enforced against him.”

A motion questioning Estrada’s right to run for an elective office was also filed in November at the Sandiganbayan. Lawyers Fernando Perito and Nepthali Aliposa noted that nobody questioned the condition of the pardon when Estrada ran for president in 2010.

Sought for comment, Angel Gonong, Estrada’s media officer, slammed the recent case as a “fishing expedition” by Lim’s camp since Estrada’s candidacy in 2010 had already been questioned.

A disqualification case filed by a group of lawyers was dismissed by the Supreme Court for being premature since the issue should have been resolved by the Commission of Elections. The poll body then decided to allow Estrada to run and let the voters decide.