Disqualification case vs Erap junked by Comelec

source: http://www.gmanews.t...

The Commission on Elections (Comelec) said Wednesday it has dismissed the disqualification case filed against former President Joseph “Erap" Estrada, saying such was still "premature."

“Hindi pa nga siya nagfa-file ng (Estrada hasn’t even submitted his) certificate of candidacy (COC), it’s premature," Comelec chairman Jose Melo told reporters.

On Monday, lawyer Oliver Lozano filed a disqualification case against Estrada, saying the deposed leader’s election bid was against the provisions of the 1987 Constitution.

Lozano, a lawyer who has been known to file a lot of publicized legal suits, cited Section 4, Article VII of the 1987 Constitution as "proof" that the President shall not be eligible for any reelection.

Estrada in 1998 was elected with over P10 million votes, the highest vote a presidential candidate ever had in Philippine history.

He was forced to step down in January 2001 after the military leadership withdrew its support from him, supporting instead the popular uprising that later catapulted then Vice President Gloria Macapagal Arroyo to the presidency.

In April that same year, Estrada was arrested on plunder charges. He was initially held inside a detention facility in Sta. Rosa, Laguna, transferred to the Veterans Memorial Hospital in Quezon City before being put on house arrest in Tanay, Rizal.

The Sandiganbayan then convicted Estrada of plunder in September 2007. He was meted reclusion perpetua and was disqualified from seeking any public office.

But a month later, President Arroyo granted Estrada executive clemency, restoring his political and civil rights. Estrada's camp has since reiterated the former president's eligibility to run, saying Estrada is not covered by the election ban under the Constitution. [See: Estrada's 2010 presidential bid revives legal debate]

Lawyer Ferdinand Rafanan of the Comelec Law Department had earlier told GMANews.TV that the acceptance of Lozano’s request was purely “ministerial" and that only the Comelec en banc would have the power to decide on it.

But Melo said there was “no need" to come out with a resolution because the candidacy that Lozano is supposed to be contesting hasn’t even been filed yet. The period for the filing of the of COCs will be from November 20 to 30, 2009.

“Walang kaso so bakit ka maglalabas ng reso (There is no case, so why would we come out with a resolution)," he said.

The poll body chief also chided potential petitioners who might want to file their appeals even before the filing of the COCs.

“Kung pwede magsabay-sabay na lang sila, para iisa na lang (If they want to file disqualification cases now, they can just do it in one batch)," he said. - GMANews.TV