Case Digest (G.R. No. 154512)
Facts:
On September 12, 2007, the Sandiganbayan, Special Division, convicted former President Joseph Ejercito Estrada (private respondent) of the crime of plunder in Criminal Case No. 26558, sentencing him to reclusion perpetua and the accessory penalties of civil interdiction for life and perpetual absolute disqualification, as well as ordering forfeiture of ill-gotten wealth. On October 25, 2007, President Gloria Macapagal-Arroyo granted Estrada executive clemency, stating that “He is hereby restored to his civil and political rights” and leaving the specified forfeitures in force. Estrada accepted the pardon on October 26, 2007. On November 30, 2009, he filed his certificate of candidacy for President but lost the May 10, 2010 elections. Three disqualification petitions (SPA Nos. 09-024, 09-028 and 09-104) were filed; the Commission on Elections (COMELEC) Second Division and En banc dismissed them in January and April 2010, respectively, ruling that his pardon was absolute and had rCase Digest (G.R. No. 154512)
Facts:
- Conviction and Pardon
- On September 12, 2007, the Sandiganbayan convicted former President Joseph E. Estrada of plunder (Crim. Case No. 26558) and imposed Reclusion Perpetua and accessory penalties, including perpetual absolute disqualification.
- On October 25, 2007, President Gloria Macapagal-Arroyo granted him a pardon stating: “He is hereby restored to his civil and political rights,” and excepting forfeitures.
- On October 26, 2007, Estrada accepted the pardon without qualification.
- 2010 Disqualification Cases
- Estrada filed his certificate of candidacy for President (Nov. 30, 2009), prompting three disqualification petitions (SPA 09-024, 09-028, 09-104).
- COMELEC Second Division (Jan. 20, 2010) and En Banc (Apr./May 2010) dismissed all three on grounds that his pardon was absolute and restored suffrage and the right to hold public office.
- Only the Pormento petition reached the Supreme Court (G.R. No. 191988) but was dismissed as moot after Estrada lost the May 10, 2010 elections.
- 2013 Mayoral Bid and Petition
- Estrada filed his certificate of candidacy for Mayor of Manila (Oct. 2, 2012).
- On January 24, 2013, Atty. Alicia Risos-Vidal filed a petition for disqualification (SPA 13-211) under Sec. 40, Local Government Code, in relation to Sec. 12, Omnibus Election Code, citing his conviction and supposed unremitted penalties.
- The COMELEC Second Division (Apr. 1, 2013) and En Banc (Apr. 23, 2013) dismissed her petition, citing its prior 2010 rulings.
- Estrada won the May 13, 2013 Manila mayoralty with 349,770 votes; incumbent Alfredo S. Lim obtained 313,764.
- On June 7, 2013, Lim was allowed to intervene, filing a petition-in-intervention to have himself proclaimed mayor, reiterating Estrada’s disqualification theory.
Issues:
- Procedural
- Was Risos-Vidal’s petition to COMELEC timely and properly characterized?
- Does Lim have a right to intervene?
- Do the 2010 COMELEC disqualification rulings bar relitigation in 2013?
- Substantive
- Was Estrada’s pardon absolute or conditional?
- Did it expressly restore his rights to vote and hold public office or remit his perpetual absolute disqualification (Arts. 36, 41 RPC)?
- Is Estrada qualified to run for and hold the Manila mayoralty?
- If Estrada is disqualified, should Lim be proclaimed mayor?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)