Bolado, Monica B.

Case No. 76

G.R. No. 146710-15

March 2, 2001

JOSEPH E. ESTRADA, petitioner,

vs.

ANIANO DESIERTO, in his capacity as Ombudsman, RAMON GONZALES,
VOLUNTEERS AGAINST CRIME AND CORRUPTION, GRAFT FREE PHILIPPINES
FOUNDATION, INC., LEONARD DE VERA, DENNIS FUNA, ROMEO CAPULONG and
ERNESTO B. FRANCISCO, JR., respondent.


NATURE OF ACTION:
This is a petition to question the legitimacy of Gloria Macapagal-Arroyos assumption of
the presidency of the Philippines, filed by Joseph Estrada alleging that he did not resign
and was only a president on leave.

FACTS:

Background Facts
o May 11, 1998: Estrada wins the presidency with an overwhelming lead.
Arroyo is elected as Vice-President.
o October 4, 2000: Ilocos Sur governor Luis Chavit Singson starts publicly
accusing Estrada and his family of receiving jueteng payoffs.
o October 11-November, 2000: Several advisers resign, including Department
of Social Welfare and Development Secretary Arroyo. Estradas allies in the
Majority defect to the other camp. Past presidents and Archbishop Cardinal
Sin call for Estradas resignation.
o November 13, 2000: House Speaker Manuel Villar transmits the Articles of
Impeachment to the Senate.
o November 20, 2000: the Impeachment Process formally starts, with 21
Senators as judges, and Supreme Court Chief Justice Hilario Davide, Jr.
presiding.
o December 7, 2000-January 11, 2001: the Impeachment trial proper.
Presentation of evidence. On January 11, 11 senators vote against the
opening of the second envelope, which allegedly contains evidence to
Bolado, Monica B.
Case No. 76

prove that Estrada indeed kept a secret bank account worth 3.3 billion pesos
under the name Jose Velarde. These 11 outnumbered the 10 senators
who wanted to have the envelope opened.
o January 17, 2001: Public prosecutors resign, and the impeachment
proceedings, postponed indefinitely.
o January 18, 2001: Hundreds of people march to EDSA in a mass movement
calling for Estradas resignation (EDSA II Movement).

Essential Facts
o January 19, 2001: the Military withdraws support from Estrada, and more
members of the Executive branch resign. Estrada agrees to holding a snap
election for President where he would not be a candidate.
o January 20, 2001: Estradas and Arroyos advisers start negotiations on a
peaceful and orderly transfer of power, only to be cut short by Arroyos
oathtaking as the 14
th
President of the Philippines. That same day, Estrada
and his family leave Malacaang. Estrada releases a statement which said
that he was leaving Malacaang for the sake of peace and in order to begin
the healing process of our nation. He also sends a letter to both chambers
of Congress saying that he [is] unable to exercise the powers and duties of
[his] office.
o January 22, 2001: Congress issues a Resolution recognizing and expressing
support for the Arroyo presidency. Other countries expressed the same.
o February 6, 2001: Sen. Teofisto Guingona is nominated by Arroyo to be her
Vice-President
o February 7, 2001: Senate passed Resolution No. 83 terminating the
Impeachment Court.
o February 5, 2001: Estrada files a petition for prohibition with a prayer for a
writ or preliminary injunction to enjoin Ombudsman Desierto from continuing
the probe on the criminal cases filed against him (OMB Case No. 0-00-1629,
1754-1758), supposedly until his term as President is over.
o February 6, 2001: Estrada files another petition, this time a quo warranto
petition, against Arroyo. He wanted to be confirmed as the lawful and
incumbent President of the Republic of the Philippines and Arroyo only as
temporary / acting president until he is able to resume his duties.
o February 24, 2001: Respondents file their replies to Estradas consolidated
petitions.
Bolado, Monica B.
Case No. 76


ISSUES:
1. Whether the petitioner resigned as President, and
2. Whether the President enjoys immunity from suit.

RULING:
1. Resignation is not a high level legal abstraction. It is a factual question and
its elements are beyond quibble: there must be an intent to resign and the intent
must be coupled by acts of relinquishment(Gonzales v. Hernandez, 2 SCRA 228
(1961)).

The validity of a resignation is not government by any formal requirement
as to form. It can be oral. It can be written. It can be express. It can be implied.
As long as the resignation is clear, it must be given legal effect. In the press
release containing his final statement, he acknowledged the oath-taking of Arroyo
as President; he emphasized he was leaving the Palace without the mention of any
inability and intent of reassumption; he expressed his gratitude to the people; he
assured will not shirk from any future challenge that may come ahead in the same
service of the country. This is of high grade evidence of his intent to resign.

2. The cases filed against Estrada are criminal in character. They involve plunder,
bribery and graft and corruption. By no stretch of the imagination can these
crimes, especially plunder which carries the death penalty, be covered by the
alleged mantle of immunity of a non-sitting president. He cannot cite any decision
of this Court licensing the President to commit criminal acts and wrapping him with
post-tenure immunity from liability. The rule is that unlawful acts of public officials
are not acts of the State and the officer who acts illegally is not acting as such but
stands in the same footing as any trespasser(Wallace v. Board of Education, 280
Ala. 635, 197 So 2d 428 (1967)).