Republic of the Philippines

Supreme Court of the Philippines

__________________

Plaintiff

Versus Case No.

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For: _________________

__________________

Defendant

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Commission on Elections v. Joseph Ejercito Estrada

Defendant through counsel, unto this court respectfully alleges:

1. That on June 30, 1998, then president elect Joseph Ejercito

Estrada took office as the president of the republic of the

Philippines;

2. That on January 20, 2001, less than three years from his

election as the president, president Estrada resigned as such

due to a public uprising which was known to be people power

2;

3. That on _____, plunder charges were filed against him, which

 eventually lead to his imprisonment;

4. That on October 22, 2007, Joseph Ejercito Estrada was

released from imprisonment after being unconditionally

pardoned by the president Gloria Macapagal-Arroyo;

5. That on November 30, 2009, Joseph Ejercito Estrada filed his

certificate of candidacy to run as the president of the republic

of the Philippines;

6. That the candidacy of Joseph Ejercito Estrada is valid and that

the prohibition refers only the sitting or the incumbent

president.

7. That the word “the” prior to the word president connotes that

it merely refers to the sitting president.

8. That if the intention of the constitutional commission was to

apply it to all presidents, it should have used the word “a”

prior to the word president.

9. That there are conflicting interpretations as to the provision of

the constitution making said provision ambiguous.

10. That in case of ambiguity, the intent of the framers shall

be looked into.

11. That the intent of the law is to protect the sanctity of

elections, barring a scenario where a sitting president can use

the machinery of the government to help in his campaign.

12. That the evil sought to be prevented does not exist in

case the candidate seeking for re-election is not incumbent.

13. That granting but not conceding that the constitution

 prohibits Joseph Ejercito Estrada from seeking the post, the

will of the people must still be upheld.

14. That the will of the people will only be known through an

election.

Wherefore, it is respectfully prayed that Joseph Ejercito Estrada

be declared qualified to run as president of the Republic Philippines.