MANILA, Philippines?Malacañang wants the courts to decide whether Joseph ?Erap? Estrada can still seek reelection as president in May 2010.

Hours before the ousted President and plunder convict was to declare his candidacy in Tondo, Manila, Wednesday, Executive Secretary Eduardo Ermita called attention to a purported condition for Estrada being pardoned by President Gloria Macapagal-Arroyo in 2007: He can no longer seek public office.

?To me, since it?s a ?whereas? [clause], he is being prevented [from running again],? Ermita said at a briefing.

But he acknowledged that the matter remained legally debatable: ?Somehow, there?s got to be a judicial remedy to this to end any speculation as to whether it?s all right for him to run or not to run. ?Let?s leave it to the courts.?

Ermita said Estrada?s planned run was hardly surprising.

?We have heard enough [and] read enough about the plans of former President Estrada. I don?t see why there should be any surprises about his plan to declare publicly what he wants to do,? he said, adding:

?I mean, what difference would it make??

Early this year, Estrada?s former lawyer Alan Paguia warned that the ousted leader would risk his freedom in again seeking public office.

Paguia said then that Estrada could no longer seek the presidency ?because of the condition of his pardon where he has undertaken not to seek any political position.?

The lawyer likened the violation of the pardon condition to the rescinding of a contract: ?If it is violated, there?s a consequence? There is no more pardon if you violate a contract.?

Not an endorsement

Supreme Court Chief Justice Reynato Puno may have been featured in a print ad on the day Estrada formally proclaimed his political comeback, but this does not mean Puno is backing him.

Neither is Puno supporting the principle that a former President like Estrada may again seek the No. 1 post despite a constitutional ban.

?It is quite clear that the statement of the Chief Justice, as quoted in the paid political ad, was lifted from his separate opinion in the 2004 Tecson [vs Comelec] case, which was made solely to address the peculiar facts and issues on the citizenship of [actor and 2004 opposition standard-bearer Fernando Poe Jr.],? said lawyer Jose Midas Marquez, Puno?s chief of staff and spokesperson.

?[The quote] must be construed only within that context. It was not an endorsement, and should not be perceived as such,? Marquez said.

In the Tecson vs Comelec case, the high court dismissed the petitions to disqualify Poe on grounds of his contested citizenship.

Puno?s statement in the ad??The better policy approach is to let the people decide who will be the next president. For on political questions, this court may err but the sovereign people will not. To be sure, the Constitution did not grant to the unelected members of this court the right to elect in behalf of the people??appears to address the present question of whether Estrada may seek reelection.

But Marquez said: ?The Chief Justice does not endorse or support any candidate and remains faithful to his duty to be impartial and neutral. Definitely, his permission to use his image and opinion was not sought, nor was it ever given.?

As to whether Estrada may seek reelection, Marquez said: ?The former President and his advisers are entitled to their own opinion. That issue will be dealt with forthwith by the court if and when it is raised.?

The ad that saw print in major newspapers also carried pictures of the late President Corazon Aquino and the late former Supreme Court Justice Cecilia Muñoz-Palma.

Aquino was quoted as asking Estrada for forgiveness for her role in Edsa II in 2001 that toppled his presidency.

Palma was quoted as saying that the Constitution suffered when Estrada?s impeachment trial ended abruptly and ?the issues on hand were brought to the parliament of the streets.?

No comment from CBCP

The Catholic Bishops? Conference of the Philippines (CBCP) is not commenting on Estrada?s political plans.

Its spokesperson, Msgr. Pedro Quitorio, said that while individual Church leaders had their own position on the matter, the CBCP as an organization could not make a stand in line with its policy of neutrality vis-à-vis specific candidates and political parties.

?The CBCP will not say if this candidate is good or bad. That?s not allowed,? Quitorio said when reached for comment hours before Estrada announced his candidacy.

?The CBCP encourages the people to discern and to choose from among the candidates those who can help our country and who qualify under [its] guidelines. Any candidate should be considered based on that context. He should ... have the rehabilitation of our country as his agenda,? Quitorio said.

Manila Archbishop Gaudencio Cardinal Rosales, CBCP president and Jaro Archbishop Angel Lagdameo and Manila Auxiliary Bishop Broderick Pabillo are among those who have earlier spoken out against Estrada?s planned run.

In separate media interviews, the three prelates said Estrada should give way to other leaders and questioned his motive to seek vindication for his ouster in 2001.

Quitorio said many bishops had commented on the issue in their ?individual capacity.?

But their stance is ?not the official position of the CBCP,? he said.

Every election, the CBCP issues guidelines for choosing candidates. Among the qualifications it has laid down for candidates are consistent pursuit of the common good, promotion of justice, God-like spirit of service, and preferential option for the poor.

The ?jueteng? issue

In the House, Speaker Prospero Nograles said that in again advocating the legalization of ?jueteng,? Estrada appeared not to have learned from his ouster.

Nograles, a vice chair of the ruling Lakas-Kampi-CMD, said Estrada should ?study, consult and reassess? his position on the illegal numbers game because the Catholic Church and other religious groups would surely oppose him.

?Politically, that?s not a good way to begin a presidency. Secondly, and honestly, I think it?s bad propaganda for him because that was one of the big issues that did him in,? Nograles said in a text message to reporters.

Receiving kickbacks from jueteng operations was one of the issues raised against Estrada by his former gambling buddy, Luis ?Chavit? Singson.

The former Ilocos Sur governor and now deputy national security adviser was among the star witnesses in Estrada?s impeachment trial.

At a forum attended by five presidential aspirants on Tuesday, only Estrada favored the legalization of jueteng. The rest?Senators Richard Gordon and Francis Escudero, environment activist Nicolas Perlas and Olongapo Councilor JC de los Reyes?rejected the idea.

Nograles said legalizing jueteng was not for the Palace to decide: ?Legally, Erap should never forget that it is only Congress that can amend gambling laws, and not the executive department, which only implements the law.?

He said Estrada could try the legislative route. ?[But] the new Congress may not agree with him. This bill has been filed in every Congress that I have been in, and it never took off. It never reached second base,? Nograles said.

All-out war

At the same forum on Tuesday, Estrada said the ?root cause? of the country?s problems was peace and order.

?[If I?m elected president], I have to declare an all-out war against the [communist and secessionist] insurgencies to earn peace,? he said.

The feedback from Mohaqher Iqbal, the chief peace negotiator of the Moro Islamic Liberation Front (MILF), was quick.

?He?s a war freak (utak pulbura) and did not even learn from his past experience,? Iqbal Wednesday told the Inquirer by phone.

MILF civil-military affairs chief Eid Kabalu said there was nothing new in Estrada?s remark.

?It?s not new to us and it?s next to impossible. We already tested his all-out war against us, and [it was of no use],? Kabalu said in a separate interview.

Ghazali Jaafar, MILF vice chair for political affairs, described Estrada?s remark as ?cheap propaganda? and said the man lost his credibility when he was convicted of plunder.

?He has done nothing good for the country since he became President. I don?t think he will win,? Jaafar said.

Camp Abubakar

It was during Estrada?s presidency that the military launched an all-out war against the secessionists, which led to the fall of the MILF?s largest base, Camp Abubakar in Maguindanao.

?It?s true that the government captured the camp. But did it solve the problem? Did it cause the death of the revolutionary struggle of the Bangsamoro people for self-determination?? Jaafar said.

?It complicated the problem. It cost billions of the people?s money, but it was a senseless campaign of Mr. Estrada,? he said.

Kabalu said the peace talks between the government and the MILF were gaining positive results.

?We are certain any problem can be resolved through peaceful negotiation,? he said. With reports from Gil C. Cabacungan Jr. in Manila; Jeoffrey Maitem and Edwin O. Fernandez, Inquirer Mindanao