Comelec in a bind over Erap's 2010 bid

The Commission on Elections (Comelec) is in quandary over the planned presidential bid of former President Joseph Estrada.

Commissioner Rene Sarmiento admitted on Tuesday that the poll body doesn't know yet what to do in the event Estrada files his certificate of candidacy (COC) for the presidency in 2010. "There are two opinions on this. It is ministerial on the part of Comelec to accept the COC. The other opinion is right away the Comelec can reject [it]," said Sarmiento in a House hearing. The questions were posed by Cagayan De Oro Rep. Rufus Rodriguez, a member of Estrada's Pwersa ng Masang Pilipino. He also served as immigration bureau chief of the Estrada administration. But Sarmiento said he believes the Comelec should receive Estrada's COC and wait for complaints questioning his presidential bid. "That is a ticklish question. If I may answer, it is only my personal opinion. According to our laws, if that happens, it is ministerial on the part of the Comelec to receive his COC. Of course, questions will be filed. The Comelec will resolve it, but definitely it will be raised to the Supreme Court," he said. A satisfied Rodriguez told Sarmiento he will count on him if and when Estrada files his COC. Estrada's camp has argued that he is not covered by the Constitutional provision which allows only one term for Philippine presidents since he was not able to complete his six-year term.

Estrada was ousted by a military-backed revolt after two-and-a-half years into his presidency.

His camp also believes that his criminal conviction for plunder does not disqualify him from the race since President Arroyo restored his civil and political rights when she pardoned him in 2007.