Comelec dismisses petition vs Erap

MANILA, Philippines - The Commission on Elections (Comelec) rejected yesterday the petition of lawyer Oliver Lozano seeking the disqualification of former President Joseph Estrada from the presidential elections in 2010.

“There is nothing to oppose since no one has filed a certificate of candidacy,” Comelec chairman Jose Melo said in an interview. 

Lozano had asked the Comelec to disqualify Estrada from the presidential race, citing the Constitutional provision on the one-term limit for presidents.

Estrada had earlier announced his plan to run for president with Makati Mayor Jejomar Binay as his running mate.

Melo had likened Lozano’s filing of disqualification against Estrada to a lover who had been rejected even before he professed his love for a woman.

He added that the petition was rejected “outright” since it was done prematurely. 

Lozano admitted in the petition that he is also planning to seek the presidency.

He also bragged of having impeached Estrada, questioning the use of the sequestered multi-billion gold and dollar deposits of the late Pres. Ferdinand Marcos. 

Lozano accused Melo of lawyering for Estrada when he outrightly dismissed his petition for disqualification.

 “Instead of defending the former president chairman Melo must ask Erap to answer my petition and schedule a hearing to resolve the issue,” he said.

Lozano insisted that his petition is not premature because it intends to prevent the former President from filing his certificate of candidacy.

He said under the election law, anybody can file a petition for disqualification against any person seeking elective post even before the certificate of candidacy is filed with the Comelec.

Lozano said the Comelec must act on his petition and rule if the former president is eligible to run for re-election in the coming election.

Cabinet Secretary Silvestre Bello III, who is also a lawyer, told a news briefing her that Lozano’s move could be premature as Estrada has yet to file his certificate of candidacy (COC).

“What if he (Estrada) doesn’t file at all? So his petition will be rendered moot and academic. My unsolicited advice is he should have waited for Estrada to file his COC then he can question his candidacy,” Bello said.

Press Secretary Cerge Remonde, however, said he would prefer that Estrada finds out for himself whether the voters think he is qualified to run the country.

“I would rather not be technical about the candidacy of former President Estrada. I would rather adhere to the principle of the voice of the people is the supreme law,” Remonde said.

President Arroyo granted Estrada a conditional pardon in October 2007 that stated he is no longer eligible to seek public office.

The People’s Movement Against Poverty (PMAP) vowed to hold massive protest actions in case Estrada is disqualified.

Ronald Lumbao, PMAP national chairman, made the threat in reaction to the move of Lozano to disqualify Estrada.

“Mendiola will be flooded with protests once President Estrada is disqualified. We clearly see the manipulating hand of Malacañang in this obvious attempt by the devious lackeys of Gloria Arroyo to once again cheat the masses of our people by serving notice this early to the GMA boys in Comelec and Supreme Court to start the moro-moro and eventually rule on President Estrada’s disqualification,” Lumbao said.

Lumbao said the PMAP would no longer allow a repeat of the massive cheating that transpired during the 2004 presidential election.

“The masses of our people, particularly the poor, pin their hopes in the candidacy of Erap and Binay for deliverance from the bondage of poverty and hunger. Any attempt therefore to dash this hope by thwarting through sheer legal manipulation the candidacy of the poor will be met by throngs of protest by the poor masses in Mendiola and the gates of Malacanang,” Lumbao said. With Perseus Echeminada, Paolo Romero, Jose Rodel Clapano