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Estrada's Legality to Run for Mayor

The document discusses whether former Philippine President Joseph Estrada can run for Mayor of Manila given his past conviction. In 3 sentences: The author argues that Estrada can run based on the legal perspective, as the executive clemency granted to him in 2007 restored his civil and political rights, including the right to run for public office except the presidency. The clemency document is cited, which pardoned Estrada and restored his rights on the condition he no longer seek the presidency. Therefore, the author concludes Estrada is legally allowed to run for Mayor of Manila.

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Muji Jaafar
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42 views3 pages

Estrada's Legality to Run for Mayor

The document discusses whether former Philippine President Joseph Estrada can run for Mayor of Manila given his past conviction. In 3 sentences: The author argues that Estrada can run based on the legal perspective, as the executive clemency granted to him in 2007 restored his civil and political rights, including the right to run for public office except the presidency. The clemency document is cited, which pardoned Estrada and restored his rights on the condition he no longer seek the presidency. Therefore, the author concludes Estrada is legally allowed to run for Mayor of Manila.

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Muji Jaafar
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© Attribution Non-Commercial (BY-NC)
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November 17, 2012 Atty. Karl Martin Nicanor Reyes Street, Sampaloc, Manila Dear Atty. Martin: Greetings!

I hope this email finds you well. In line with the on-going legal question surrounding Former President Joseph Ejercito Estradas Mayoralty election bid in the city of Manila i.e. whether or not Mr. Estrada is allowed to run for a government position, lest for the highest position in the city of Manila is acceptable by the rule of law. My opinion is YES; He can run for Mayoralty in the city of Manila.

In the context of my opinion; I based it on the legal perspective of the issue. Please be advised that the question can be quintessentially interpreted and answered in either the legal way i.e. which will deal about the mechanics; terms and conditions of the Mr. Estradas Executive Clemency; and the Political way i.e. which talks about the essence and principle of his promise not running again. This position paper will be focusing on the establishment of the legality of his candidacy to run as Mayor of Manila.

It is a well-established legal basis that Mr. Estrada AKA ERAP, can run for public office (omitting the Presidency of the Republic of the Philippines) the Executive Clemency that was granted to him by the Arroyo Government on 2007. The Executive Clemency states that

Whereas this administration has a policy of releasing prisoners who have reached the age of 70,

Whereas Joseph Ejercito Estrada has been under detention for six and a half years,

Whereas Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or public office,

In view hereof, and pursuant to the authority conferred upon me by the Constitution, I hereby grant executive clemency to Joseph Ejercito Estrada, convicted of plunder by the Sandiganbayan of plunder and imposed the 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 accounts he owned before his tenure as President.

Upon acceptance of this pardon by Joseph Ejercito Estrada, this pardon shall take effect. Given under my hand, at the City of Manila, this 25th day of October, in the year of our Lord, 2007.

Signed, Gloria M. Arroyo

Attested, Ignacio R. Bunye, Acting Executive Secretary.

The Mere fact that the clemency has restored Mr. Estradas civil and political rights which includes his right to vote and run for public office*, it is a testament that Mr. Estrada can run for the Mayoralty of Manila.

Very truly yours, Rizen Emmanuel Salonga

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