His arrest arrived shortly once his release from jail on some other drug trafficking cost stemming from December
On October 26,at p. Elly Velez B. In separate Resolutions 8 dated January 20, by the COMELEC, Second Division, however, all three petitions were effectively dismissed on the uniform grounds that i the Constitutional proscription on reelection applies to a sitting president; and ii the pardon granted to former President Estrada by former President Arroyo restored the former's right to vote and be voted for a public of ce.
After the conduct of the May 10, synchronized elections, however, former President Estrada only managed to garner the second highest number of votes. Of the three petitioners above-mentioned, only Pormento sought recourse to this Court and led a petition for certiorari, which was docketed as G.
Evilio C. Pormento v. On October 2,former President Estrada once more ventured into the political arena, and led a Certi cate of Candidacy, 1 0 this time vying for a local elective post, that of the Mayor of the City of Manila.
The petition was docketed as SPA No. Emphasis supplied. D isqua li ca tions. Emphases supplied. Moreso, [Risos-Vidal] failed to present cogent proof suf cient to reverse the standing pronouncement of this Commission declaring categorically that [former President Estrada's] right to seek public of ce has been effectively restored by the pardon vested upon him by former President Gloria M.
Since this Commission has already spoken, it will no longer engage in disquisitions of a settled matter lest indulged in wastage of government resources.
On April 30,Risos-Vidal invoked the Court's jurisdiction by ling the present petition. She presented five issues for the Court's resolution, to wit: I. The next day, the local board of canvassers proclaimed him as the duly elected Mayor of the City of Manila. On June 7,Lim, one of former President Estrada's opponents for the position of Mayor, moved for leave to intervene in this case.
His motion was granted by the Court in a Resolution 1 5 dated June 25, Lim subscribed to Risos-Vidal's theory that former President Estrada is disquali ed to run for and hold public of ce as the pardon granted to the latter failed to expressly remit his perpetual disquali cation.
Further, given that former President Estrada is disquali ed to run for and hold public of ce, all the votes obtained by the latter should be declared stray, and, being the second placer withvotes to his name, he Lim should be declared the rightful winning candidate for the position of Mayor of the City of Manila.
The Issue Though raising ve seemingly separate issues for resolution, the petition led by Risos- Vidal actually presents only one essential question for resolution by the Court, that is, whether or not the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in ruling that former President Estrada is quali ed to vote and be voted for in public of ce as a result of the pardon granted to him by former President Arroyo.
The "acceptance," she claims, is an indication of the conditional nature of the pardon, with the condition being embodied in the third Whereas Clause of the pardon, i.
And any breach thereof, that is, when former President Estrada led his Certi cate of Candidacy for President and Mayor of the City of Manila, he breached the condition of the pardon; hence, "he ought to be recommitted to prison to serve the unexpired portion of his sentence.
She argues that the crime of plunder is both an offense punishable by imprisonment of one year or more and involving moral turpitude; such that former President Estrada must be disqualified to run for and hold public elective office. Even with the pardon granted to former President Estrada, however, Risos-Vidal insists that the same did not operate to make available to former President Estrada the exception provided under Section 12 of the OEC, the pardon being merely conditional and not absolute or plenary.
Pardon; its effects. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Reclusion perpetua and reclusion temporal — Their accessory penalties.
She avers that in view of the foregoing provisions of law, it is not enough that a pardon makes a general statement that such pardon carries with it the restoration of civil and political rights.
By virtue of Articles 36 and 41, a pardon restoring civil and political rights without categorically making mention what speci c civil and political rights are restored "shall not work to restore the right to hold public of ce, or the right of suffrage; nor shall it remit the accessory penalties of civil interdiction and perpetual absolute disquali cation for the principal penalties of reclusion perpetua and reclusion temporal.Frederick County | Virginia.
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