JOSEPH EJERCITO ESTRADA (1998-2001)
Joseph Ejercito Estrada or most commonly known as Erap Estrada reached the
pinnacle of his political career when he was elected President of the Republic of the
Philippines in the May 1998 national elections, with almost 11-million Filipinos writing
his name on their ballots. He resigned from office in 2001, jailed for corruption and later
pardoned by his successor, President Gloria Macapagal-Arroyo.
BACKGROUND
SOCIETY
The culture of the Philippines comprises a blend of traditional Filipino and Spanish
Catholic traditions, with influences from America and other parts of Asia. Filipinos are
known to be family oriented and religious. The annual calendar is packed with festivals,
which combine costumes and rituals from the nation’s pre-Christian past with the
Catholic beliefs and ideology of present day.
The Philippine post-Marcos society was a continuing attempt to restore democracy and
the Catholic Church is one of the three elite strategic groups committed to combat
corruption in the name of good governance. This is evident in another two EDSA
Revolution after the first EDSA Revolution to oust Marcos, wherein the Catholic Church
was one of the protesters. The Catholic Church has continued to exercise great
influence in the post-Marcos period.
POLITICAL
The Philippines during Estrada’s administration continued to be at the forefront of the
regional and multilateral arena. It successfully hosted the ASEAN Ministerial Meeting in
July 1998 and undertook confidence-building measures with China over the South
China Sea issue through a meeting in March 1999. Its bilateral ties with neighboring
countries were also strengthened.
However, the Philippine economy deteriorated again as a result of spill over from the
Asian financial crisis. On 1999, the Visiting Forces Agreement with the United States
was ratified.
The administration of Estrada revived the culture of corruption and was plagued by
charges of cronyism. This was on top of inconsistent monetary policy, slow economic
growth, and uncertainty brought about by terrorists and insurgencies.
In December 2000, Estrada was put on trial for impeachment for embezzling state funds
and taking kickbacks from illegal gambling bosses. The Philippines was thrown into
turmoil. The stock market and the peso dropped to record lows. His impeachment trial
ended abruptly in mid-January 2001 when prosecutors staged a walk-out after senators
voted against the opening of a key bank documents that prosecutors said would prove
Estrada’s corruption.
Filipinos were outraged. They took the streets in protests that lasted for three days. The
series of events was referred to as EDSA II or People Power II. Opposition politicians,
corporate executives, and Catholic clergy have returned to EDSA against Estrada.
During the protests, Estrada remained holed up in the presidential palace, with few
armed guard protecting him. The Supreme Court issued an order stripping Estrada of
his power, it reasoned that Estrada had lost his ability to govern after most of his cabinet
and senior military and police commanders withdrew their support. On the 20th day of
January 2001, Erap Estrada filed a leave of absence and temporarily left Malacanang
but did not formally resign. This stemmed the tide of a mounting constitutional crisis.
People Power II raised questions about democratic choices, rule of law, and stability
and order. Although unrehearsed and nonviolent, such means are now looked down as
representing the ambiguity of Philippine democratic practices. For many foreigners, it
bears out the frailty of Filipino political institutions.
HIGHLIGHTS/CHARACTERISTICS
Within a year after being elected as President of the Republic, Estrada’s popularity
declined sharply amid allegations of cronyism and corruption and his failure to remedy
the problems of poverty. Estrada accomplished very little and what he did accomplish
was overshadowed by his corruption scandals and impeachment proceedings. In April
2001, Estrada became the first Philippine leader to be indicted.
ORGANIC LAW
The Philippines once again experience Constitutional crises during the presidency of
Estrada.
EDSA 1 changed the constitution to reflect the political consensus at that time on how
the country will be governed under a restored democracy. EDSA 2, on the other hand,
was staged to replace one man, the President.
According to the new constitution adopted in 1987, the Philippine president is elected to
a six-year term compared to the previous four-year term under the 1973 Constitution.
The same is also banned from running for re-election, unlike the previous limit of two
presidential elections. The new Constitution also states that the only way that an
incumbent President can be ousted is through an impeachment.
Although the Supreme Court gave its stamp of approval to the legitimacy of the Arroyo
Administration, it has also legitimized this extra-parliamentary process of changing the
country’s President. Even the supporters of the EDSA 2 admit that Arroyo’s rise to
power is loaded with constitutional ambiguity.
GOVERNING LAWS/STATUTES
The general law that governs family and property relations in the Philippines is the Civil
Code of the Philippines which was enacted on June 18, 1949 and became effective
on August 30, 1950 under the Presidency of Manuel Roxas.
In 1987, President Corazon “Cory” Cojuangco Aquino signed into law The Family Code
of 1987 which was intended to supplant Book I of the Civil Code concerning person and
Family relations. It covers fields of significant public interest, specially the laws on
marriage. The definition and requisites for marriage, as well as the grounds for
annulment, are found in the Family Code. It also covers the law on conjugal property
relations, rules on establishing filiation, and provisions on support, parental authority
and adoption.
The law governing the criminal activities in the Philippines is the Revised Penal Code.
It criminalizes a whole class of acts that are generally accepted as criminal. It penalizes
acts which are considered criminal in the Philippines. The RPC was enacted as Act No.
3815 and it took effect on January 1, 1932. Some criminal laws have been enacted
outside of the RPC as separate Republic Acts.