Matula focuses on the basic arguments both from those saying he can run and those saying otherwise and further elaborates it in a well constructed research paper which is a must read for everyone.
The paper is divided into four chapters which makes everyone fully aware of the issues surrounding the candidacy of former President Estrada. A very informative research paper indeed. Below it the introduction and a link to where the full text can be downloaded.
Unlike in 1998, the public is more anxious now than excited upon knowing from the media that the former President, Joseph Estrada, popularly known as Erap, is once again salivating the highest Office of the land.
There are indicators that show “running is more likely than not.” Based on his own condition, for him not to be compelled to run in 2010, is for the opposition to have a common presidential candidate is obviously impossible, through his denial that he did not promise anything1 to Cebu Archbishop, Cardinal Ricardo Vidal i.e. he [Estrada] will no longer enter politics,2 when he accepted the pardon granted by President Arroyo in October 2007. And, since he knew the fact that his ambition might be derailed due to the constitutional ban of no reelection for the President.
The said legal study boosted his claim that he is still eligible to regain the presidency. However, the legal battle on this matter will continue until the issue is resolved by the Supreme Court once elevated by the proper parties.
But for now, the author is so much challenged and inspired that I came up with this research paper that dealt with this new political scenario and I am looking forward that this simple work of mine will be a tool to enlighten my prospective readers on the constitutional issue of whether or not former President Joseph Estrada can run again as President.
This research paper is divided into three (3) chapters:
The first Chapter entitled, “Two Sides of the Corner,” discusses about the pro and cons of former President Estrada’s claim that he is still qualified to run in 2010. Taking into consideration, the different point of views of our respected and known constitutional and legal gurus. It also includes the highlights of said legal study commissioned by the former President himself.
In addition, to fully answer the main issue, the author decided to create the following relative sub-issues in order that my readers will be able to understand more the ambiguous contentions of both sides:
The second Chapter entitled, “The Third Corner,” focuses on another issue that bars the former President from running again in 2010, this is due to the “whereas condition” of the pardon granted to him by President Gloria Macapagal Arroyo in 2007. Here, we will find out whether said “whereas condition” is still relevant and material to the issue at stake.
- Whether the word “President” [in Section 4, paragraph 1, second sentence Article VII, 1987 Philippine Constitution] is just applicable to the “incumbent” or “all who have been elected president.”
- Whether it is constitutionally allowed for a President who did not finish his term due to resignation, to run again.
- Whether the clause “any reelection” means “immediate” “with gap” or “none of all;” and
- Whether the word “reelection” is the same with “running again.”
The third Chapter entitled, “Looking Behind It,” presents the excerpt of 1986 Constitutional Commission deliberation, particularly on this subject dated 25 July 1986. Bringing this up, will make my readers realize the intent of our Framers why they come up with this prohibition in our Constitution.
Lastly, the fourth Chapter entitled, “As I See It,” presents the author’s conclusion and recommendation on how I look at the issue and how it will be resolved.
To stress, this is a personal stand of the author and no politician, political party or interest group, that influence me to come up with this research work for the purpose of supporting their political agenda. And despite of my personal bias on the issue the author nevertheless tried to be impassive in presenting the contentions of both sides without losing its sense and recognizing the limitations of my work.
Attachments are also included as reference in order that my readers will have an actual glimpse of the document.
DOWNLOAD THE FULL DOCUMENT HERE ENTITLED, "Once You Are “In,” You Are “Out!”: An Answer to the Constitutional Issue on Whether former President Joseph Estrada Can Run Again as President?"
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