It's final: Erap can run, but Goma can't

MANILA, Philippines - It’s final: former President Joseph Estrada can run again for president.

The Commission on Elections (Comelec) yesterday affirmed a previous decision allowing the former chief executive to join the May 10 presidential elections.

The poll body, on the other hand, upheld the disqualification of actor Richard Gomez and Abraham Khali Mitra in the congressional races in Leyte’s fourth district and Palawan’s second district, respectively. It dismissed for lack of merit the disqualification case filed by former Caloocan City mayor Luis Asistio against incumbent Mayor Enrico Echiverri.

In a five-page resolution, the Comelec denied the disqualification case filed by lawyer Evelio Formento against Estrada for lack of merit.

The commission said Formento failed to present any new and sufficient argument to make it take a second look into the complaint.

In a separate concurring opinion, Commissioner Rene Sarmiento said the 1987 Constitution did not tackle whether an elected president who did not finish his term may run again for the same position.

“What is only clear is that an elected president who has served his six-year term is forever prohibited from running in the same office. Therefore, Estrada is eligible to run for the presidency this May 10 automated elections,” Sarmiento said.

Estrada lauded the Comelec for removing the stumbling block on his second bid for the presidency.

His spokeswoman, Margaux Salcedo, said the Comelec decision puts to rest doubts on Estrada’s qualifications as a presidential candidate.

Formento, meantime, informed the Comelec that he would file a motion for certiorari before the Supreme Court.

Formento argued that the former president has been convicted and is therefore not qualified to run for any public office.

But the Comelec’s Second Division junked Formento’s disqualification case against Estrada and said the people should be allowed to decide who would be the country’s next president.

MR dismissed

While the Comelec allowed Estrada to run, it once again blocked the candidacy of Gomez and dismissed his motion for reconsideration for lack of merit.

“As respondent (Gomez) spends most of his time in his Manila residence, one could not help but think that Manila is his domicile. Taking away business profession or any other reason compelling him to stay at a place other than his domicile, the question stands, would he still stay here or would he find another place or domicile to stay in. The respondent did not satisfactorily answer,” the commission said.

Except for the fact that his wife hails from the place, the Comelec said Gomez has no other reason to reside in the fourth district of Leyte.

It further said that Gomez has no firm grasp of the locality where he is seeking to run as a congressional candidate.

The Comelec’s Second Division previously ruled that Gomez is not qualified to run for congressman of Leyte’s fourth district for failing to comply with residency requirements.

Raymond Cajucom, Gomez’s legal counsel, said they would no longer appeal the Comelec ruling and would instead be filing a petition nominating the actor’s wife, Lucy Torres-Gomez, as his replacement.

“We would be filing today the proper nomination of Lucy as substitute for a disqualified candidate,” Cajucom said.

“If Lucy would run in the congressional race, nobody could question her residency because the Torres family has been a long-time resident of the fourth district of Leyte,” Cajucom said.

‘Quantum proof’

Also yesterday, the Comelec upheld the disqualification case against Liberal Party candidate Abraham Khali Mitra, who is running for the congressional seat in the second district of Palawan.

According to the Comelec, Mitra failed to satisfy the “quantum proof” required of him that his transfer is not anchored solely on the furtherance of his political career.

“The law requires nothing less than clear and convincing proof that respondent had abandoned his domicile of origin and his subsequent establishment of a new domicile of choice,” the Comelec said.

The Comelec earlier ruled that Mitra, a long-time resident of Puerto Princesa City, failed to meet the one-year residency requirement although he claimed to have transferred and rented a house in Aborlan town. - With Jose Rodel Clapano