The disqualification case against ousted president now Manila mayor-elect Joseph “Erap” Estrada before the Supreme Court will proceed.
SC sources said the disqualification case remains “because he won in the Manila mayoral race.”
“It would have been a different story had Mr. Estrada lost in the hotly-contested race because it could be dismissed by the High Court for being ‘moot and academic,’” the sources added.
Now that Erap won as mayor of Manila, his case shall be decided on the merits -- if he is qualified or not.
”There is an actual case or controversy, so the case must be decided on its merits,” the sources pointed out.
The sources disclosed that SC Associate Justice Marvic Leonen is the ponente or writer of the case.
”Hindi puwedeng i-dismiss ang case kasi nanalo si Erap. Unlike noong tumakbo siya noong 2010 Presidential elections na-dismiss ang case kasi hindi siya nanalo at naging moot and academic ang kaso,” the sources explained.
The case against the former president was filed by Atty. Alicia Risos-Vidal who questioned before the High Court the Commission on Elections ruling junking the disqualification case against Estrada.
Vidal said the Comelec committed grave abuse of discretion and the decision should be reversed by the SC.
Vidal argued that Estrada’s conviction for plunder had rendered him disqualified to seek another public office.
She pointed out that the pardon granted to him by former President Gloria Macapagal-Arroyo did not restore his right to seek or hold public office.
Estrada was proclaimed by the Manila Board of Canvassers, along with with his partner vice-mayor Isko Moreno.
Estrada won the May 2013 mayoral race by leading against incumbent Manila Mayor Alfredo Lim with more than 30,000 thousand votes.
Estrada notched 343,993 votes against Lim’s 308,544 votes while Moreno won with 395,156 votes against 234, 256 votes to opponent Councilor Lou Veloso.