I bet SC will disqualify Erap and install Lim
I bet SC
will disqualify
Erap and install Lim
By BERTENI “TOTO” CATALUÑA CAUSING
Knowing that the Supreme Court is peopled by arguably
the best legal minds of the Philippines that its members cannot be swayed by
any opinion expressed in the exercise of the freedom of expression, I bravely
bet my last penny that the highest court will eventually decide to disqualify
Joseph Ejercito popularly known as “Erap Estrada” and install Alfredo S. Lim
a.k.a. “Dirty Harry” as the legal winner in the May 13, 2013 mayoral race in
Manila.
This
is just a masturbation of the mind and I do not intend to hurt the feelings of Erap
and pro-Erap or make happy Lim and pro-Lim.
The proposition why Erap
ran for mayor is that his pardon given by the previous national
administrator-in-fact Gloria Macapagal-Arroyo already erased the crime of
plunder for which he was convicted.
To my mind, the pardon given
to Erap is conditional and is not absolute that erased all criminal records and
removed all punishments that prohibited him from running for an elective post
or from getting appointed to any other government position.
THERE IS NO PARDON TO SPEAK OF YET
DUE TO NON-COMPLIANCE OF CONDITIONS
The conditions written
on the pardon given by Gloria to Erap were premised on Erap’s commitment he will
no longer seek any elective office.
On that premise as one
of the bases, Gloria scribbled a pardon and offered it to Erap while he was in
prison.
In addition, Gloria
wrote other conditions for the pardon to be effective: that the forfeitures
imposed by the Sandiganbayan will remain to be complied with.
To understand my points,
let the pardon be quoted, as follows:
“WHEREAS, Joseph
Ejercito Estrada has publicly committed to no longer seek any elective position
or office,
“IN VIEW THEREOF and pursuant to the authority
conferred upon me by the Constitution, I hereby grant executive clemency to
JOSEPH EJERCITO ESTRADA, convicted by the Sandiganbayan of Plunder and imposed
a penalty of Reclusion Perpetua. He is hereby restored to his civil and
political rights.
“The forfeitures imposed by the Sandiganbayan remain
in force and in full, including all writs and processes issued by the
Sandiganbayan in pursuance hereof, except for the bank account(s) he owned
before his tenure as President.”
The forfeitures as imposed by the Sandiganbayan are as
follows:
“The period within which accused Former President
Joseph Ejercito Estrada has been under detention shall be credited to him in
full as long as he agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners. Moreover, in accordance
with Section 2 of Republic Act No. 7080, as amended by Republic Act No. 7659,
the Court hereby declares the forfeiture in favor of the government of the
following:
“(1) The total amount of Five Hundred Forty Two
Million Seven Hundred Ninety One Thousand Pesos (P545,291,000.00), with
interest and income earned, inclusive of the amount of Two Hundred Million
Pesos (P200,000,000.00), deposited in the name and account of the Erap Muslim
Youth Foundation.
“(2) The amount of One Hundred Eighty Nine Million Pesos
(P189,000,000.00), inclusive of interests and income earned, deposited in the
Jose Velarde account.
“(3) The real property consisting of a house and lot
dubbed as ‘Boracay Mansion’ located at #100 11th Street, New Manila, Quezon
City.”
Note that of the P545,291,000.00 forfeiture, Erap has
not paid it in full. The failure to
comply with this order therefore is a fact that proves that Erap has not fully
complied with this condition of the pardon.
Now, my conclusion is that Erap is disqualified to run
for any office because the pardon has not yet ripened into a pardon due to his
failure to comply with the condition to surrender to the government P545,291,000.00;
to date he has not paid this yet.
Let it be pointed out that pardon is a contract
between the President and the pardonee.
For it to become a consummated contract, the pardonee
must express agreement to the pardon being offered. And if he agreed, he must comply with the
conditions stated in the pardon being offered.
Yes, Erap violated the first condition: for him not to
run for elective office. However, this does not automatically disqualify him from
running for mayor as will be explained below.
It is undisputed that Erap accepted the conditional pardon
offered by Gloria. So that it is also
undisputed that Erap must comply with the conditions.
The “whereas” clause that states that Erap publicly
declared he was no longer seeking any elective office was the reason why Gloria
signed the pardon. This is therefore no
doubt a condition of the pardon.
To be clear, let it be refreshed in the mind that in
the first sentence of the pardon, it is stated there that Erap publicly
declared he was no longer seeking any elective position and that Gloria wrote
the phrase “IN VIEW THEREOF” she granted
the pardon.
To repeat: This is therefore a condition that the
pardon was issued, that he will never run for any elective office. Ergo, that
is a continuing condition that never dies unless it is violated or unless Erap
goes to the grave.
And because Erap ran for president in 2010, the pardon
was deemed breached, giving the President the right to withdraw the pardon
anytime. To date, however, despite the
breach the pardon has not been taken back.
So that it means that unless the President acts, the silence of
Malacañang can be deemed as consent on the part of the President to make that
clause ineffective. Hence, it is correct
to say that this violation can never be a cause to disqualify Erap from running
for mayor of Manila.
But look at the condition of forfeiture of P545,291,000.00. This is undisputedly not complied with. I therefore bet that non-payment of this
constitutes a legal postulate that there is no pardon yet to speak of. Pardon can only complete if this is paid in
full. And in completing this payment,
the burden lies on Erap.
It is just like a contract to buy a car where the
buyer agreed to pay in 10 equal installments.
If the buyer has not fully paid the installments, there is no sale.
Similarly to pardon, for purposes of emphasis, if all
conditions are not complied with, there is no pardon to speak of as yet.
And if there is no pardon, then Erap cannot as yet run
for any elective office.
WHY MAYOR LIM WILL BE
INSTALLED AS MAYOR?
Granting that my proposition is sound that I believe
so it is, the disqualification of Erap means that at the time he filed his certificate
of candidacy for mayor of Manila his candidacy was null and void as of that
time.
The doctrine is that no right can be gotten from any
void transaction.
And if the candidacy of Erap is null and void, then
all votes that were given him are also void votes that have no legal
effect. In layman’s term these votes are
stray votes and can never be considered as votes: it is good as no votes were
cast for Erap.
So that if this is the case, the only legal votes are
those voted for all other candidates.
And to know who won the 2013 elections, the highest
among the valid votes is the winner of the contest for mayor.
And there is no dispute that Alfredo S. Lim is the
highest after all votes for Erap are taken out of the equation, then Lim must be proclaimed the winner of the 2013 election for Manila mayor.
This proposition is supported by the LATEST DECISION
of the Supreme Court that declared that the rightful winner shall be the second
placer after the null and void votes are removed.
This latest case reversed the 101-year-old doctrine
that the vice-mayor should be declared as the mayor in case the winning mayoral
bet proclaimed as the winner was subsequently declared as disqualified from
running.
This case is entitled “Casan Macode Maquiling vs Comelec and Rommel Arnado y Cagoco, Linog G.
Balua,” GR No. 195649, promulgated on April 16, 2013. A motion for reconsideration was filed but it
was rejected by the Supreme Court. Hence, this decision has become final and
executory.
Ten members of the Supreme Court voted for this new
doctrine while the five others dissented.
It was Chief Justice Maria Lourdes P.A. Sereno who wrote the decision of
the case.
I also learned that the Supreme Court required Lim to
intervene in the present disqualification case filed by a lawyer against Erap.
Wanna bet?
He he he…This is just a fun for the intellect.
NO VOX
POPULI VOX DEI APPLICATION
It has been argued by several camps that the doctrine
of “The Voice of the People is the Voice of God” will reign to favor Erap.
I beg your pardon that this doctrine does not apply.
Why?
The Constitution is a voice of the people because it
was ratified by the people in the entire country in 1987.
Now, the voice of the people of the entire country
must be followed by the voice of the people of Manila only.
So that it is a non
sequitor for them to insist that the voice of the people of Manila must be
followed against the voice of the people of the country.
My other argument is that there is no voice to speak
of from the voice of null and void.
READ THE DECISION OF THE SUPREME COURT IN MAQUILING VS COMELEC AT THIS LINK:
READ THE DECISION OF THE SUPREME COURT IN MAQUILING VS COMELEC AT THIS LINK:
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