For now, the coast is clear for former President Joseph Estrada to seek the presidency anew in 2010 after the Supreme Court dismissed a petition filed by a lawyer for “failure to exhaust administrative remedies.”

The petitioner, Elio Mallari of the Vanguard organization, asked the High Court last Friday to disqualify the former President from the 2010 presidential race, saying his candidacy violates the constitutional provision prohibiting Chief Executives from seeking reelection.

Supreme Court deputy spokesperson lawyer Gleo Guerra said Mallari’s petition was “premature” since petitions for disqualification should be filed with the Commission on Elections.

Guerra said Mallari erred when he filed his petition to disqualify Estrada directly before the Supreme Court.

It was the first petition received by the High Court seeking to disqualify the former President, who was deposed in 2001 in a military-backed revolt.

He was subsequently convicted of plunder in 2007.

Estrada has maintained that the constitutional provision prohibiting Chief Executives from seeking a second term does not apply to him because he was unable to finish his term.

Despite his conviction for plunder, Estrada continues to be a crowd favorite among the presidential aspirants in the race for 2010.