Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch No.

________ STU City

__________________ Plaintiff -versusCase No. ____________ For: Disqualification of Candidacy __________________ Defendant

x----------------------------x

PETITION

Plaintiff through counsel, unto this court respectfully alleges:

1. That on June 30, 1998, Joseph Ejercito Estrada was elected and took office as President of the Republic of the Philippines; 2. That on January 20, 2001, after almost three years from his election as President, Estrada resigned as such due to a public uprising which was known to be People Power II; 3. That on ______, plunder charges were filed against him, which

eventually lead to his confinement in Fort Sto. Domingo on June 9, 2001 and to his house arrest in Tanay, Rizal on July 13, 2004; 4. That on Sept. 12, 2007, he was convicted of the crime of plunder; 5. That on October 25, 2007, an executive clemency was granted to him by President Gloria Macapagal-Arroyo; 6. That on November 30, 2009, Joseph Ejercito Estrada filed his certificate of candidacy to run as President of the Republic of the Philippines in the May 2010 Elections; 7. That such candidacy is illegal as clearly provided by section 4, article 7 of the 1987 Philippine Constitution, which states that the president is prohibited from any re-election; 8. That the word any before the word re-election shows that it applies to all presidents and not only to the sitting or incumbent president; 9. That the word re-election connotes an election either immediately after a term or election, even after some interruption. 10. That when the law is clear, no statutory construction is

necessary. When the law itself does not distinguish, the court should not distinguish as well.

Wherefore, it is respectfully prayed that Joseph Ejercito Estrada be declared disqualified from running as president of the republic of the Philippines. Plaintiff prays for such other reliefs, as this honorable court may deem just and equitable. City of Manila, Philippines, _________(date)___________

ATTY. ABC D. EFG Counsel for the Petitioner 21-H IJKL St. MNOPQR, STU City, Philippines Roll No. 12345 PTR No. 6789876 Jan. 1, 2010 IBP No. 543210 Lifetime STU City Republic of the Philippines Metro manila City of manila _______________, after being sworn in accordance with the law, deposes and says: that he is the plaintiff in the above entitled case; that he has caused the above complaint to be prepared and has read and knows the contents thereof; that the allegations therein are true of his own knowledge. ___________________________