Borja: ‘Erap still eligible to run for president’
ROXAS CITY – Contrary to the opinions of legal luminaries particularly those political foes of former President Joseph “Erap” Estrada, criminal lawyer Nelson Borja said that the former president is still eligible to run as president despite his conviction from plunder case and Constitutional limitation on the reelection of president.
Borja said over RMN’s “Straight to the point” program anchored by station manager Ely Abarra that Erap availed of presidential pardon from President Gloria Macapagal Arroyo, in which, according to him is absolute.
However, he said that the condition of the presidential pardon which stated that Erap could not be eligible to run in any public office is null and void.
“Absolute pardon restores Erap’s civil and political rights and therefore, he can run for public office,” Borja said.
According to him, under the Civil Code, the contracting parties may establish conditions provided they are not in contrary to the law, morals, public order or policy.
He added the term limit only refers to the sitting president and the law is not clear if it also applies to those who are former presidents.
Earlier, lawyer Oliver Lozano, 69, who claims he is also a “presidential aspirant,” asked the Commission on Elections (Comelec) to disqualify Estrada five days after the former President announced his political plan next year before 10,000 supporters at a rally in Tondo, Manila.
“The Constitution provides no presidential reelection. This is interpreted to mean that ex-President Estrada is not qualified to run for reelection to which he honestly disagrees,” Lozano said in his eight-page petition
Meanwhile, Mrs. Erma Gamboa, Assistant Regional Coordinator of the Jeep Ni Erap, said that the political leaders and loyalists of Estrada are still in tact in Capiz and Roxas City.
According to her, in 1998 Erap has no political allies but at the last hour political leaders in Capiz thrown their support to the former president.
“I think history will repeat itself,” Gamboa said.
