Yesterday (21 October), Joseph “Erap” Estrada finally declared/proclaimed his intention to run for the presidency. Well, of course, he has always hinted this possibility — he even has his Arthro commercial before the most recent one. Anyone who is surprised to hear this proclamation is probably living inside a cave for years already.
But the question is:
Is he eligible to run for President? Or any other public office for that matter?
There are only three concerns that keep on lingering in my head with regard to this proclamation.
First: The constitutional prohibition against reelection. Now, I am not a lawyer and definitely not a constitutionalist. But I had the chance to read that part of the Constitution which says the president is banned for any reelection. (Don’t know if that is the exact construction of words but I think it is basically like that.) Erap has been elected once already (AND IT’S A MISTAKE, FOR GOD’S SAKE!), and any reelection is already unconstitutional. Now, some Erap supporters are saying the intent of that provision is not applicable to Erap. Wow! Now, I am not about to argue about whether it is applicable to Erpa or not because I am not an expert. I’d leave that to the experts.
Second: The executive clemency provided by GMA after Erap was convicted of Plunder. Somewhere there is stated: Erap won’r run or pursue any public post or office ever again. Or something like that. I thought this is actually the ultimate safeguard for the deposed president to run again, but to my surprise, two lawyers with oppposing views in the constitutionality of Erap’s bid for presidency actually both agree that such condition in the clemency is not THAT binding at all. Darn! They were saying that the dispositive clause where Erap was given back his political and civil rights is the one that will take more weight over the condition that he should not run for any public office! (We’re screwed, people.) What else is left to bar the ex-President from running again? (Arthritis?)
And finally: The actual fear that Erap will run again. This concern haunts me whenever the Erap for President (again) discussion surfaces. Why are we even having this discussion? Why are we afraid that he is actually legally allowed to run? It is because we are afraid he might win. That possibility is the most fearful of all. No, not the actual winning, the possibility he wins. Why? Because we have already thrown him out of office. He was already convicted of a crime. We have already decided once that he cannot lead this country. The possibility that Erap might win this 2010 is like eating your own vomit… your own sh#t.
Erap being allowed to run again will make us Filipinos the ultimate laughing-stock in the whole world. And Erap winning this election will be the end of the Filipino nation.
Erap, Joseph Estrada, reelection, constitutionality, legality.
There are only three concerns that keep on lingering in my head with regard to this proclamation.

First: The constitutional prohibition against reelection. Now, I am not a lawyer and definitely not a constitutionalist. But I had the chance to read that part of the Constitution which says the president is banned for any reelection. (Don’t know if that is the exact construction of words but I think it is basically like that.) Erap has been elected once already (AND IT’S A MISTAKE, FOR GOD’S SAKE!), and any reelection is already unconstitutional. Now, some Erap supporters are saying the intent of that provision is not applicable to Erap. Wow! Now, I am not about to argue about whether it is applicable to Erap or not because I am not an expert. I’d leave that to the experts.
Second: The executive clemency provided by GMA after Erap was convicted of Plunder. Somewhere there is stated: Erap won’r run or pursue any public post or office ever again. Or something like that. I thought this is actually the ultimate safeguard for the deposed president to run again, but to my surprise, two lawyers with oppposing views in the constitutionality of Erap’s bid for presidency actually both agree that such condition in the clemency is not THAT binding at all. Darn! They were saying that the dispositive clause where Erap was given back his political and civil rights is the one that will take more weight over the condition that he should not run for any public office! (We’re screwed, people.) What else is left to bar the ex-President from running again? (Arthritis?)
And finally: The actual fear that Erap will run again. This concern haunts me whenever the Erap for President (again) discussion surfaces. Why are we even having this discussion? Why are we afraid that he is actually legally allowed to run? It is because we are afraid he might win. That possibility is the most fearful of all. No, not the actual winning, the possibility he wins. Why? Because we have already thrown him out of office. He was already convicted of a crime. We have already decided once that he cannot lead this country. The possibility that Erap might win this 2010 is like eating your own vomit… your own sh#t.
Erap being allowed to run again will make us Filipinos the ultimate laughing-stock in the whole world. And Erap winning this election will be the end of the Filipino nation.
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A related reading: Absolute versus conditional pardon
This is what Erap should be doing instead:

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