MANILA, Philippines—Saying the people, not the courts, are the “final arbiter” on whether he could run again for president, Joseph Estrada has come out brandishing a “legal study” supporting his view that voters may send him back to Malacañang.

Quoting the study, the deposed leader maintained that the constitutional ban on the reelection of chief executives applied to “sitting presidents” and not to a former president like him who wasn’t even able to finish his term.

Estrada, who was ousted in a “people power” uprising, convicted of plunder and then granted pardon on the condition he would no longer seek public office, also argued that his political rights had been “restored” by the same executive clemency.

“The ban was intended for sitting presidents, so they will not use the vast resources to stay in power. I am not a sitting president. I am not seeking reelection, I am running again,” Estrada told the Philippine Daily Inquirer Monday.

He said he commissioned the study to determine his eligibility for the 2010 presidential race should the opposition fail to unite behind a single candidate.

And so far, he said, “what is getting clear to me is that the opposition is 90-percent sure it will not unite behind one candidate.”

‘No Take 2’

But the response from the current Palace occupants was stern: No “Take 2” for the actor-turned-political kingpin.

“There is no room for interpretation because the provision is very clear,” Solicitor General Agnes Devanadera told reporters. “The prohibition is really constitutional.”

The government’s chief lawyer said Estrada may no longer take another crack for the presidency because he had already run—and had been elected—for the same post.

Devanadera recalled that during discussions leading to Estrada’s pardon in 2007, he himself publicly “broached the idea” of him no longer running for president. This was followed by more “assurances” coming from Estrada’s emissaries, she said.

Asked what she thought could be the reason for Estrada’s turnaround two years later, the government counsel said: “A politician gets a different feeling during election season. I would say it’s a natural reaction from a politician.”

Changing minds

“Politicians change their minds as the situations come,” Justice Secretary Raul Gonzalez added in a separate interview.

“I believe he cannot run, but again, that is something that will probably trigger a constitutional issue which can reach the Supreme Court,” Gonzalez said.

The early filing of certificates of candidacy in November would give legal authorities enough time to tackle the issue, he added.

Estrada said the study considered, among others, an opinion by Chief Justice Reynato Puno which read:

“The better policy approach is to let the people decide who will be the next president. For in political questions, this Court may err but the sovereign people will not. To be sure, the Constitution did not grant the unelected members of this Court the right to elect in behalf of the people.”

Estrada noted that instead of narrowing down, “the list (of possible opposition candidates for president) is getting longer, even longer than the (list of) senatorial aspirants.”

Lesson from 2004

But Estrada said “I can still convince them. We should learn a lesson from the 2004 elections.”

The study cited Section 4, Article VIII of the Constitution, part of which read:

“The President shall not be eligible for any reelection. 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.”

The study argued that “since (Estrada) has not served as president for more than four years, but only for two and a half years, he should be qualified to run for president in the 2010 elections or any future presidential elections.”

“Stated otherwise, the spirit of the presidential prohibition … is that a president who has served less than four years does not have or retain the vast powers of the presidency to ensure his reelection or election again as president,” it said.

The study also said the executive clemency granted to Estrada had “restored his full political rights and cannot be revoked.”

UNO statement

Also Monday, United Opposition (UNO) president and Makati Mayor Jejomar Binay said “we fully believe that (Estrada) is qualified to run for the presidency. He wasn’t able to finish his term. Even legal luminaries have stated he’s qualified.”

Binay, who had earlier declared his own intention to run for president next year, said UNO may be expected to proclaim its presidential candidate this July or August.

Commission on Elections (Comelec) Chair Jose Melo declined to comment on Estrada’s plan.

“I will not comment until it is time for us to rule on it,” Melo said.

In case Estrada seeks the presidency next year, a complaint against his candidacy may be filed with the Comelec, Melo said.

By commenting on the current issue, Melo said he may be accused of “prejudging the case.” (Inquirer News Service)