Saying they want their electoral bids to become meaningful, former President Joseph Estrada and Makati Mayor Jejomar Binay will file their certificates of candidacy (COCs) on November 30, the birthday of revolutionary hero Andres Bonifacio.

“We chose the date of birth of the hero of the masses, Andres Bonifacio, before we want to give significance to the filing of our candidacies,” Estrada said at the sidelines of the inauguration of the University of Makati’s (UMAK’s) track and field oval.

On November 30, Estrada and Binay will come from the Quirino Grandstand in Rizal Park before proceeding to the office of the Commission on Elections in Intramuros, where they will file their COCs.

Candidates can file their COCs until December 1.

Estrada likewise said the United Opposition (UNO) is still finalizing its senatorial slate.

So far, Estrada said the UNO’s senatorial line-up includes his son Senate President Pro Tempore Jose “Jinggoy” Estrada, Senate President Juan Ponce Enrile, Senator Miriam Defensor-Santiago (as guest candidate), businessman and NBN-ZTE scandal whistleblower Jose de Venecia III, Grace Poe Llamanzares, daughter of the late actor and 2004 presidential aspirant Fernando Poe Jr.

Estrada said they would try getting former Senator Sergio Osmeña III, who earlier left the Liberal Party.

“If he (Osmeña) will accept it, the better. He is a man of principle. He is credible. He is very industrious and good fiscalizer. In 2007, he was with the opposition,” Estrada said.

Estrada, who had not fared exceptionally in public opinion surveys, said it is still too early to determine front runners in the 2010 presidential race.

“The people have no choice yet, that is why it is still unpredictable at this time. Kabayan (Vice President Noli De Castro) had been number one during the initial stages of the poll surveys. But where is he, right now? All of these will be clear by…February to March. Two months before the elections, that will settle down,” Estrada said.

He was referring to the performance of De Castro, who started out strongly, but now lags behind in surveys on most preferred presidential bets.

Sen. Benigno “Noynoy” Aquino III had consistently topped the surveys, latest of which is Pulse Asia’s.

Estrada, ousted in 2001 and convicted but later acquitted of plunder in 2007, also reiterated he is unfazed by possible obstacles questioning the legitimacy of his presidential candidacy in 2010.

“People are asking me why I’m still running. I’m running because my presidency was unceremoniously disrupted that is why I was not able to continue my pro-poor programs,” Estrada said.

Legal luminaries and even drafters of the 1987 Constitution had repeatedly said the Charter prohibits Estrada from taking another shot at the presidency. [See: Estrada’s 2010 presidential bid revives legal debate] - GMANews.TV

In two weeks’ time, Senator Manuel Villar Jr. is set to formally announce his running mate and the Nacionalista Party (NP) senatorial slate for 2010, even as the NP’s standard bearer admitted on Monday that he has yet to pick his partner and that he’s adopting a wait-and-see tactic on the choice of bets of other political parties.

“S’yempre gusto mong malaman kung sino talaga yung matutuloy sa pagtakbo ng pagka-pangulo. Pagkatapos dun ka pa lang magpa-finalize kung sino ang magiging running mate mo. Mabuting malaman din kung sino ang mga running mate ng ibang kandidato para maganda yung match-up,” the senator said in a press conference.

(Of course, you want to know who are really pursuing the presidency. Only then should you finalize who would be your running mate. It’s good to know who would be the running mates of other candidates. This ensures a good match-up.)

Potential partners

Villar said he is still choosing between two possible vice presidential bets, whom he did not name.

“Mahalaga kasi na prinsipyo n’ya at prinsipyo ko ay pwedeng magtugma at para mas malakas kung sino ang nakakatulong sa ating bayan. ’Yun ang primary consideration natin (It’s important that I pick someone whose principles will match mine, and to ensure a stronger match, pick someone who is of real help to our country. That’s my primary consideration),” Villar said.

Villar added that his running mate need not come from his party.

“Hindi naman kailangan miyembro ng Nacionalista Party. This is an alliance of parties na merong common interest, merong common objective. Hindi namin nililimitahan sa partido ang magiging running mate (My running mate doesn’t have to be an NP member. This is an alliance of parties with common interests and common objectives. We are not limiting ourselves to possible running mates within the party),” he said.

Noli or Loren?

Asked about his possible partnership with either Vice President Noli de Castro or Senator Loren Legarda, the senator said he has yet to talk with the former while he refused to confirm any negotiations with the latter.

“Wala tayong dapat i-rule out sa ngayon, mga posibilidad pa ’yan. Ang sinasabi ko lang s’yempre mahalaga yung kagustuhan nila, hindi lang naman yung kagustuhan natin. S’yempre kailangan muna na gusto nila tayong maka-partner at gusto rin natin silang maka-partner,” Villar said.

(We don’t have to rule out anything right now, these are all possible. What I’m saying is that what they want is important, of course, not just what I want. What’s needed, first of all, is that they want to team up with us, and us with them.)

Villar said that he harbors no ill-feelings against Legarda despite the fact that she was one of the senators who voted for his ouster as Senate President in November last year and pushed for the ethics complaint against him.

“Normal naman iyan. Isasantabi natin ang mga isyung iyan. Wala naman tayong galit sa kanila, hindi tayo pala-away na tao. Ang gumagawa ng masama ay napapatawad natin (That’s normal. We could set aside those issues. We have no ill-feeling against them, we’re not quarrelsome. We can forgive those who do us wrong),” he said.

Team-up time

While Villar is still weighing his options, other presidential aspirants have already found their respective matches.

The Liberal Party announced the tandem of Senators Benigno Simeon Aquino and Manuel Roxas II on September 21.

Meanwhile, the United Opposition made public last October 21 the partnership of former President Joseph Estrada and Makati Mayor Jejomar Binay in 2010.

For her part, Senator Loren Legarda says she will run as vice president under the Nationalist People’s Coalition (NPC).

Her party mate, Senator Francis “Chiz” Escudero, who is being eyed as NPC standard bearer, has postponed his announcement in deference to typhoon victims.

In this light, it remains to be seen if Villar’s wait-and-see strategy would be to his advantage or disadvantage.

Added issue

The Monday press conference was the first time Villar met with reporters after the Senate Committee of the Whole ended its proceedings on the ethics complaint filed against him.

Villar was accused of “conflict of interest” for allegedly using his position to have his properties benefit from road right of way claims in the construction of the C5 road extension project.

The Senate is now preparing its report on the ethics complaint filed by Senator Ma. Ana Consuelo “Jamby” Madrigal against Villar after the latter refused to participate in the hearings and present his evidence.

But as the presidential race begins to heat up, this issue has been placed on the backburner for the moment. - GMANews.TV

A day after former President Joseph Estrada announced that he is taking another shot at the presidency, another round of debate on the legitimacy of his plan has erupted among constitutional experts and legal luminaries.

How often can one become president of the Philippines? Can Estrada — 13th Philippine president, impeached in Congress, ousted through a popular uprising, convicted of plunder and granted pardon by his successor — run for the position again?

Round 1: Eligibility for re-election

Article VII, Section 4 of the 1987 Constitution states that, “The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.”

Dean Amado D. Valdez of the University of the East College of Law interprets this constitutional provision as a restriction against the following from seeking re-election: incumbent presidents, and those who have finished the six-year term as prescribed in the 1987 Constitution.

Estrada does not fall under the two categories, Valdez said.

“The incumbent is not allowed to seek re-election, to avoid his misuse of government resources – that was the concern of the Constitution’s drafters,” Valdez said in Filipino in an interview on Wednesday.

His opinion was echoed by Estrada’s lawyer, Jose Flaminiano, a former regional trial court judge.

Flaminiano said the constitutional ban on re-election (“The President shall not be eligible for any re-election”) only applies to incumbent presidents.

But election lawyer Romulo Macalintal and former Commission on Elections chair Christian Monsod do not agree with Valdez and Flaminiano.

Macalintal, President Gloria Macapagal Arroyo’s lawyer, said the constitutional restriction applies to anyone who was elected president – regardless of whether they are incumbent or have been elected in the past.

“Mukhang malabo iyan dahil ang isang nahalal na pangulo ay di na maaaring tumakbong muli (Estrada’s bid will not prosper because anyone elected to the presidency cannot seek any reelection at all),” he said in interview with GMA’s Unang Hirit.

For Monsod, a member of the 1986 Constitutional Commission (ConCom) that drafted the 1987 Constitution, an elected president gets only “one shot at the presidency.”

In an interview on dzBB radio, Monsod explained that in 1986, the ConCom delegates initially intended the provision to be: “The President shall not be eligible for immediate re-election.” This was to prevent incumbent presidents from using their power and resources to seek another term in office, according to Monsod.

But after deliberations, the ConCom decided to adopt the amendment proposed by former Senator Ambrosio Padilla, which stated, “The President shall not be eligible for any re-election.” According to Monsod, this covers any elected president, incumbent or not.

Thus, a portion of the Article VII, Section 4 of the 1987 Constitution now reads, “The President shall not be eligible for any re-election.”

According to Monsod, Estrada cannot run “at anytime in this lifetime” because of the constitutional ban.

Fr. Joaquin Bernas, dean emeritus of the Ateneo School of Law and another ConCom delegate, has been quoted as saying that the Charter explicitly prohibits a president from seeking re-election, which means “either election immediately after a term or election even after some interruption.”

Round 2: Failing to complete full term

The second argument raised by Valdez and Flaminiano is that Estrada could run again because he was not able to finish his six-year term (The second portion of Article VII, Section 4 of the Constitution says, “No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.”)

Estrada’s camp argues that the ousted leader can run again because his term was cut short to less than three years following the January 2001 “Edsa II” uprising.

“Hindi natapos yung term ni Erap. He did not serve for more than four years so he is not disqualified to run,” Flaminiano said.

But for Monsod, this particular constitutional ban applies to those who succeeded the presidency who have not served for more than four years. He said Gloria Macapagal Arroyo, who succeeded Estrada in January 2001, was qualified to run for president in 2004 because the remainder of Estrada’s term that she served was less than four years.

Monsod said the prohibition does not apply to Estrada, who was an elected president, not a successor.

Estrada’s camp also argues that the Arroyo government from 2001 to 2004 was illegitimate because Estrada did not resign. This is, however, contrary to a Supreme Court ruling in March 2001.

According to the SC ruling, Estrada abandoned his office and this constitutes resignation. “Abandonment of office is a species of resignation, and it connotes the giving up of the office although not attended by the formalities normally observed in resignation,” read the concurring opinion given by retired justice Jose Vitug.

Macalintal explained that Estrada’s power was not clipped from him via the second People Power Revolution. Instead, he resigned when he relinquished his power and abandoned his office to give way to then Vice President Arroyo.

Round 3: Conditional pardon vs Absolute pardon

Another bone of contention is whether the executive clemency President Arroyo granted to Estrada in 2007 forbids him from running again.

On Sept. 12, 2007, the Sandiganbayan convicted Estrada of plunder. But barely a month later, on October 25, Mrs. Arroyo pardoned Estrada, subsequently restoring his political and civil rights.

A portion of Mrs. Arroyo’s order granting Estrada pardon reads: “Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office.”

In an earlier report, Estrada’s former lawyer Allan Paguia and presidential chief legal counsel Raul Gonzalez said Estrada’s pardon was conditional. That is, Mrs. Arroyo granted him pardon on the condition that he would not run again.

But Estrada’s camp insists that President Arroyo gave an absolute pardon.

“Legally, it is plain that the pardon granted was an absolute [one] and not a conditional pardon,” said Margaux Salcedo, Estrada’s spokesperson.

The final battleground: Supreme Court

Estrada’s announcement last Wednesday does not make him an official candidate yet. Only when he files his certificate of candidacy between November 20 to 30 would his presidential bid be formalized.

The legal arguments being aired in media are a preview of what will most likely be heard by the Supreme Court, which will be the final arbiter of Estrada’s legitimacy to run for re-election.

Monsod said he is confident that the high tribunal will put its foot down on Estrada’s ambitions.

“The Supreme Court will read the constitutional provision and read the proceedings of the Constitutional Commission. They can only come to one conclusion that he (Estrada) cannot run for any re-election,” he said. - GMANews.TV

Two campaign promises stood out most clearly when former President Joseph “Erap” Estrada and his running-mate Makati Mayor Jejomar Binay formally declared on Wednesday their intent to run for the country’s highest posts in the 2010 polls: to serve the poor, and to fight corruption.

Estrada, whose campaign slogan “Erap para sa Mahirap” (Erap for the poor) helped him win the presidency in 1998, promised anew to stand by the poor if elected again to the presidency in 2010.

“Nangangako ako, si Joseph Ejercito Estrada, ay lalahok sa susunod na halalan upang muling maglingkod sa masang Pilipino bilang pangulo ng Pilipinas,” Estrada said in formalistic inaugural-address style, as he declared his presidential bid before a crowd estimated at 10,000. [See:http://www.gmanews.tv/story/175211/erap-seeking-presidency-again-amid-legal-questions]

(I, Joseph Ejercito Estrada, vow to run in the coming elections to serve once more the Filipino masses as the president of the Philippines.)

In the same speech, the former president, who was convicted of plunder in 2007, maintained that he was never corrupt during his term as president.

“Kung ako may kasalanan sa inyo, wala na akong mukhang maihaharap sa inyo. Ni isang kusing man, wala akong ninakaw sa kaban ng bayan,” he said.

(I couldn’t face all of you now if I had done you wrong. I never stole from the country’s coffers, not a single cent.)

During his speech, Estrada also cited several things that the “elitist” administration of President Gloria Macapagal-Arroyo has failed to do for the poor, such as providing sufficient food and ensuring education for all.

“Hirap ang natikman ng taumbayan. Sa halip na kaunlaran, kahirapan ang inabot ng sambayanan… Hindi nila pinakinggan ang boses ng masang Pilipino,” he said.

(The people tasted poverty instead of development… They [the present leaders] did not hear the voice of the Filipino masses.)

Binay, who vowed to be Estrada’s staunch ally, also promised a mass-oriented leadership if elected vice-president.

“Asahan n’yo na hindi ko kayo bibiguin. Asahan n’yo na lagi akong maninindigan para sa sambayanan, para sa ikakabuti ng mga Pilipino, para sa kalayaan at pagbabalik ng kapangyarihan sa masa,” he said.

(You can count on me not to let you down. Count on me to always stand up for the people, for the good of the Filipinos, for freedom and for restoring power back to the masses.)

In his speech, Binay boasted of his achievements as current city mayor of Makati, such as improved senior-citizen and social welfare programs.

The Makati mayor also said that the Filipinos should not vote for presidential aspirants who are “unprepared” to govern the country.

“Sa bigat ng mga hamon na ito, maipagkakatiwala ba natin ang pamunuan ng ating bansa sa mga hindi handa? At sa mga walang ganap na karanasan na mamuno?” he said.

(With such great challenges, should we entrust the country’s leadership to the unprepared ones? To those with not enough leadership experience?)

In conclusion, Binay said: “Umaasa tayo na ang susunod na pangulo ay hindi siya magiging malulupit sa mahihirap, hindi siya manhid sa pagdurusa ng bayan, hindi niya gagamitin ang kaban ng bayan sa sariling kapakanan.”

(We hope that the next president will not be harsh to the poor, not be callous to the country’s sufferings, and not use the country’s coffers for personal gain.)

As the unofficial election campaign season unfolds amid the recent calamities, it remains to be seen whether the catchphrases of being “for the poor” and “against corruption” will carry the Erap-Binay tandem to a high moral ground or at least popular stance, or simply push them to a more defensive one against their political rivals. - Andreo C. Calonzo, GMANews.TV

Former President Joseph “Erap” Estrada on Tuesday said Jejomar Binay’s experience as mayor of Makati City made him his best choice for running mate in next year’s elections.

“We need a man of experience. Even in the United States most governors became presidents,” Estrada said as he confirmed earlier reports of an Estrada-Binay tandem in the May 2010 polls.

He also said he would push through with his plan to run for president despite legal issues surrounding it since there is no longer chance that the opposition would field a single candidate.

“There’s no longer chance [to unite the opposition],” Estrada told reporters during the celebration of the Senate’s 93rd anniversary.

Estrada, a former actor, was elected in 1998 with over 10 million votes, the highest vote a presidential candidate ever had in Philippine history. He was overthrown in 2001 amid corruption allegations and was sentenced to life imprisonment for plunder in October 2007.

In November 2007, President Gloria Macapagal Arroyo, who succeeded Estrada, granted him executive clemency, which also restored his political and civil rights. Since then Estrada has reiterated his eligibility to run for re-election, saying he is not covered by the election-ban under the Constitution.

Estrada’s son, Senate Pro Tempore Jose “Jinggoy” Estrada and Senate President Juan Ponce Enrile, earlier in the day bared that Binay had been chosen by the former president to be his vice presidential candidate.

Asked why he has chosen Binay, Estrada said the Makati mayor has proven himself as a very good local executive.

“Mayor Binay has proven himself as mayor of Makati, a premier city of the Philippines,” Estrada said.

He likened Binay to US presidents Ronald Reagan, Jimmy Carter and Bill Clinton, who all served as governors prior to their assumption to the White House.

Estrada, a former actor, said their tandem would be “for poor people.”

“We are running for this position to really give the poor people the chance to improve themselves. We are here to upgrade the plight of our poor people because they have been suffering for several decades now,” he said.

The formal announcement of the tandem will be on October 21 at the Plaza Moriones in Tondo, Manila. - GMANews.TV

So-called opposition parties that coalesce with the administration Lakas-Kampi-CMD face rejection in 2010, the United Opposition warned on Saturday.

UNO president and Makati City Mayor Jejomar Binay said any coalition for the 2010 elections should be among those allied with the political opposition.

“Once a political party that identifies itself as opposition enters into a coalition with the Arroyo administration, that party becomes part of the administration. If we are to enter into a coalition, it should ideally be a coalition among opposition parties,” he said.

Binay said the public’s dissatisfaction with the Arroyo administration will taint any opposition party that aligns itself with Lakas-Kampi-CMD.

“Mrs. Arroyo’s candidate will be identified with and will have no choice but to defend and justify Mrs. Arroyo’s failure to lift people from poverty and her scandalous mismanagement of government resources,” he added.

On the other hand, he said he remains optimistic that opposition parties can unite. All it would take is for party leaders to sit down without any preconditions, he said.

“While there are those who say that opposition unity cannot be achieved at this point, I remain optimistic that we can still agree on commonalities. There are more things that unite us rather than divide us,” he said.

“The public is looking for candidates who can offer a government that is the direct opposite of what we have now under Mrs. Arroyo. The opposition parties all agree that the people deserve better,” he added. - GMANews.TV

In an unprecedented group pledge Sunday morning, the country’s presidential and vice presidential aspirants sought to inject hope in an election process marked by an untested automated system and widespread fears of cheating.

Thirteen hopefuls for the 2010 elections pledged to ensure clean and honest polls and vowed never to use public office for personal gain if they are elected.

They took the oath during GMA-7’s “Eleksyon 2010: Tatakbo Ka Ba?” fun run for a clean and honest elections held at the Bonifacio Global City in Taguig, which was broadcast live on television and via livestream on GMANews.TV.

Those who took the oath before Commission on Elections (Comelec) chair Jose Melo were former President Joseph Estrada, Senators Manuel Roxas II, Manuel Villar Jr., Francis Pangilinan, Francis Escudero, Loren Legarda, Richard Gordon, and Jamby Madrigal.

Also taking their oaths were Jesus is Lord Movement leader Bro. Eddie Villanueva, Metropolitan Manila Development Authority chair Bayani Fernando, Makati City Mayor Jejomar Binay, environmentalist Nicanor Perlas, and Ang Kapatiran party’s JC delos Reyes.

“Hindi ako gagamit ng salapi sa maling paraan o ng armas at anumang uri ng dahas para masiguro and pagkapanalo ko sa eleksyon (I will not use funds in the wrong way nor use firearms or any other form of violence to ensure victory in the elections),” read part of the prepared oath, which the 13 signed before Melo, National Citizens’ Movement for Free Elections (Namfrel) and Parish Pastoral Council for Responsible Voting (PPCRV) head Henrietta de Villa, and Philippine Bar Association chair Federico Agcaoili.

The oath also read, “Hindi ko gagamitin ang kaban ng bayan o anumang pag-aari ng Pilipinas para sa aking personal na interes (I will not use public funds or any other property of the Philippines for my personal interest).”

Those “perceived candidates” who did not attend the event were Vice President Noli de Castro, who was on an official trip to China; Interior Secretary Ronaldo Puno and Defense Secretary Gilberto Teodoro Jr., who relayed that they were both ill; Pampanga governor Ed Panlilio, who informed the network that he was preoccupied with the vote recount in his province; Isabela Governor Grace Padaca, who was in Belgium; and Senator Benigno Simeon “Noynoy” Aquino III, who said he is “still undecided” on whether to run in next year’s elections.

“We hope to awaken the consciousness of our people on how important electing the right people to public offices is,” said Felipe L. Gozon, president, chairman, and chief executive officer of GMA Network. “Elections are a very serious matter.”

Gozon added that he was “more than satisfied” with the turnout of the event.

After taking their oath before Comelec chair Melo, representatives of some of the country’s leading civic groups, media and election watchdogs, and a live television audience of millions, the hopefuls affixed their signatures to their written pledges.

“Puwede nating singilin ang mga tatakbo sa kanilang sinumpaan. This is our collective challenge to aspirants to do what’s right,” said Marissa Flores, GMA Network’s senior vice president for news and public affairs.

Aside from the political personalities’ oath-taking, 5,000 people participated in the fun run that took place beforehand.

Dubbed “Eleksyon 2010 na, Tatakbo Ka Ba? – Hamon Para sa Kaayusan ng Pilipinas,” the one-day fun run kicked off GMA Network’s awareness campaign to promote clean and honest polls in 2010. with reports from Sophia Dedace and Amita Legaspi, GMANews.TV