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'Ouse Spea.er 0illar transmitted the rticles of impeachment b 334 $eps5 to the Senate. The Senators voted against the opening of the 2 nd envelope. Thousands rallied against Estrada and the 33 Senators who voted against.
'Ouse Spea.er 0illar transmitted the rticles of impeachment b 334 $eps5 to the Senate. The Senators voted against the opening of the 2 nd envelope. Thousands rallied against Estrada and the 33 Senators who voted against.
'Ouse Spea.er 0illar transmitted the rticles of impeachment b 334 $eps5 to the Senate. The Senators voted against the opening of the 2 nd envelope. Thousands rallied against Estrada and the 33 Senators who voted against.
Puno, J: Facts: On October 4 2000, Singson went on air and accused Estrada of receiving millions of pesos from jueteng lords. the next da, !uingona delivered a privileged speech accusing Estrada of the same. "he speech was referred to the #lue $ibbon %ommittee and the %ommittee on &ustice for a joint investigation. "he 'ouse %ommittee on (ublic Order and Securit also decided to investigate. Some $epresentatives moved to impeach Estrada. %alls for resignation came from various individuals and organi)ations, including the %atholic %hurch, (res. *+uino and (res. $amos. *rroo resigned as Secretar of ,S-, and as.ed for Estrada/s resignation. Several heads and members of the Executive ,epartment resigned from their positions as well. 'ouse Spea.er 0illar transmitted the *rticles of 1mpeachment 2signed b 334 $eps5 to the Senate. "he latter formall opened the impeachment trial. 1t was covered b live "0. E+uitable (%1#an. Senior 0( Ocampo, as witness, testified that she was one foot awa from Estrada when he affixed his signature as 6&ose 0elarde7 on documents involving (4008 investment agreement. * second envelope was supposed to be opened showing that Estrada held a (9.98 ban. account under the name of &ose 0elarde. #ut the senator:judges 233 no; 30 es5 ruled otherwise. *s a result, the public prosecutors resigned and thousands assembled in E,S* and rallied against Estrada and the 33 Senators who voted against the opening of the 2 nd envelope. $ees, the %hief of Staff of the *rmed <orces had defected. 'e, together with the chiefs of all the armed services went to E,S*. $ees declared that on behalf of the *rmed <orces, the are withdrawing their support from Estrada/s administration. On &anuar 20, 2003, first round of negotiations for the peaceful and orderl transfer of power started. while still negotiating, news bro.e out that ,avide would administer oath to *rroo at noon. Estrada and his famil left 8alacanang. 'e issued the following statement= >20 &anuar 2003 S"*"E8E?" <$O8 ($ES1,E?" &OSE(' E&E$%1"O ES"$*,* *t twelve o@cloc. noon toda, 0ice (resident !loria 8acapagal: *rroo too. her oath as (resident of the $epublic of the (hilippines. -hile along with man other legal minds of our countr, 1 have strong and serious doubts about the legalit and constitutionalit of her proclamation as (resident, 1 do not wish to be a factor that will prevent the restoration of unit and order in our civil societ. 1t is for this reason that 1 now leave 8alacaAang (alace, the seat of the presidenc of this countr, for the sa.e of peace and in order to begin the healing process of our nation. 1 leave the (alace of our people with gratitude for the opportunities given to me for service to our people. 1 will not shir. from an future challenges that ma come ahead in the same service of our countr. 1 call on all m supporters and followers to join me in to promotion of a constructive national spirit of reconciliation and solidarit. 8a the *lmight bless our countr and beloved people. 8*#B'*CD 2Sgd.5 &OSE(' E&E$%1"O ES"$*,*> * cop of the letter was sent to %ongress. *fter ta.ing oath, *rroo immediatel discharged the duties of the (residenc. 'er presidenc was recogni)ed b foreign governments, b the %ongress and b the people. "he Senate passed a resolution declaring the impeachment court as functus officio. Several cases 2plunder, graft and corruption, briber, perjur, serious misconduct, among others5 filed b various parties in the Office of the Ombusman were set in motion. Estrada filed a petition for prohibition with a praer for a writ of preliminar injunction to enjoin the Ombudsman from conducting further proceedings until after his term. 'e also filed for Euo -arranto and praed that he be declared the lawful and incumbent (resident and that *rroo too. her oath onl in an acting capacit. Issues: *EB1?O.#*?!1.#*CO".%*E!.,E !BF8*?.E#O$*.!*01?O.!OFOS.'E$?*?,EF.'E$$E$*.'1FO?.1S1,$O.G*!$*8*,*.G*S*G*.8*!$*"*. 8*!(*?"*C.8*G*8B!.81OGE.(*#GO.(*%E"E.(OS"$*,O.$*8OS."OGE?"1?O.01GG*?O.C*(.CB 2030:2033 POLITICAL LAW REVIEW 235-hether Estrada is onl on leave and *rroo is onl an *cting (res. 'eld= there must be an intent to resign and the intent must be coupled b acts of relin+uishment. HI "he validit of a resignation is not government b an formal re+uirement as to form. 1t can be oral. 1t can be written. 1t can be express. 1t can be implied. *s long as the resignation is clear, it must be given legal effect. whether or not petitioner resigned has to be determined from his act and omissions before, during and after &anuar 20, 2003 or b the totalit of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on the issue. Bsing this totalit test, we hold that petitioner resigned as (resident. * diar of Exec. Sec. *ngara was published in the (hilippine ,ail 1n+uirer revealing Estrada/s staments and state of mind. a. -hen $ees defected= Estrada decided to call for a snap presidential election and stressed he would not be a candidate. "he proposal for a snap election for president in 8a where he would not be a candidate is an indicium that petitioner had intended to give up the presidenc even at that time. b. *ngara as.ed (imentel to advise petitioner to consider the option of >dignified exit or resignation.> I3 (etitioner did not disagree but listened intentl. 'e did not express an objection. c. "he problem was alread about a peaceful and orderl transfer of power. "he resignation of the petitioner was implied. d. he just wants the five:da period promised b $ees, as well as to open the second envelope to clear his name. e. 1f the envelope is opened, on 8onda, he sas, he will leave b 8onda. f. "he (resident sas. >(agod na pagod na a.o. *o.o na masado nang masa.it. (agod na a.o sa red tape, bureaucrac, intriga. 1 just want to clear m name, then 1 will go. 1n sum, we hold that the resignation of the petitioner cannot be doubted. 1t was confirmed b his leaving 8alacaAang. 1n the press release containing his final statement, 235 he ac.nowledged the oath:ta.ing of the respondent as (resident of the $epublic albeit with reservation about its legalit; 225 he emphasi)ed he was leaving the (alace, the seat of the presidenc, for the sa.e of peace and in order to begin the healing process of our nation. 'e did not sa he was leaving the (alace due to an .ind inabilit and that he was going to re: assume the presidenc as soon as the disabilit disappears= 295 he expressed his gratitude to the people for the opportunit to serve them. -ithout doubt, he was referring to the past opportunit given him to serve the people as (resident 245 he assured that he will not shir. from an future challenge that ma come ahead in the same service of our countr. (etitioner@s reference is to a future challenge after occuping the office of the president which he has given up; and 245 he called on his supporters to join him in the promotion of a constructive national spirit of reconciliation and solidarit. %ertainl, the national spirit of reconciliation and solidarit could not be attained if he did not give up the presidenc. "he press release was petitioner@s valedictor, his final act of farewell. 'is presidenc is now in the part tense. (etitioner contended that he could not have resigned as a matter of law. $.*. ?o. 903J provides in its Sec. 32. ?o public officer shall be allowed to resign or retire pending an investigation, criminals or administrative, or pending a prosecution against him, for an offense under this *ct or under the provisions of the $evised (enal %ode on briber. 1t is to prevent the act of resignation or retirement from being used b a public official as a protective shield to stop the investigation of a pending criminal or administrative *EB1?O.#*?!1.#*CO".%*E!.,E !BF8*?.E#O$*.!*01?O.!OFOS.'E$?*?,EF.'E$$E$*.'1FO?.1S1,$O.G*!$*8*,*.G*S*G*.8*!$*"*. 8*!(*?"*C.8*G*8B!.81OGE.(*#GO.(*%E"E.(OS"$*,O.$*8OS."OGE?"1?O.01GG*?O.C*(.CB 2030:2033 POLITICAL LAW REVIEW case against him and to prevent his prosecution under the *nti:!raft Gaw or prosecution for briber under the $evised (enal %ode. it does not appl to him. *lso, -hile these cases have been filed, the respondent Ombudsman refrained from conducting the preliminar investigation of the petitioner for the reason that as the sitting (resident then, petitioner was immune from suit. "echnicall, the said cases cannot be considered as pending for the Ombudsman lac.ed jurisdiction to act on them. Section 32 of $* ?o. 903J cannot therefore be invo.ed b the petitioner for it contemplates of cases whose investigation or prosecution do not suffer from an insuperable legal obstacle li.e the immunit from suit of a sitting (resident. 225 -hether or not the petitioner is onl temporaril unable to *ct as (resident. "he 'ouse of $epresentatives alread declared *rroo to be the (resident and !uingona as the 0ice (resident. "he Senate confirmed the same as well. 1t also declared the impeachment court functus officio. #oth houses started sending bills to *rroo as (resident. #oth houses recogni)ed the new administration. 1t is clear that the inabilit of Estrada is no longer temporar. *EB1?O.#*?!1.#*CO".%*E!.,E !BF8*?.E#O$*.!*01?O.!OFOS.'E$?*?,EF.'E$$E$*.'1FO?.1S1,$O.G*!$*8*,*.G*S*G*.8*!$*"*. 8*!(*?"*C.8*G*8B!.81OGE.(*#GO.(*%E"E.(OS"$*,O.$*8OS."OGE?"1?O.01GG*?O.C*(.CB 2030:2033