Académique Documents
Professionnel Documents
Culture Documents
Arroyo
Petitioner: Joseph Estrada
Respondent: Gloria Macapagal-Arroyo
Topic: Executive Succession
Facts:
In the May 1998 elections, petitioner Joseph Ejercito Estrada was elected
President while Gloria Macapagal-Arroyo was elected Vice President.
However, in October 2000, Luis Chavit Singson (Ilocos Sur Governor and
long time friend of petitioner) went on air and accused petitioner, his family
and friends of receiving millions of pesos from jueteng lords.
Senator Teofisto Guingona, Jr. (Senate Minority Leader) delivered a privilege
speech accusing petitioner of receiving jueteng money from Governor
Singson. The privilege speech was referred to the Blue Ribbon Committee
and the Committee on Justince for joint investigation.
House of Representatives
o House Committee on Public Order and Security investigate the
expose of Gov. Singson
o Rep. Herrera, Alvarez and Defensor spearheaded move to impeach
petitioner
Calls for resignation of the petitioner filled the air (Archbishop Jaime Cardinal
Son, CBCP, Former President Aquino and Ramos)
Economic advisers and cabinet secretary Mar Roxas II resigned.
In November, House Speaker Villar transmitted the Articles of Impeachment.
Senate formally opened the impeachment trial of the petitioner. Twenty-one
senators took their oath as judges.
By a vote of 11-10, the senator judges ruled against the opening of the
second envelope which allegedly contained evidence showing that petitioner
held P3.3B in a secret bank account under the name Jose Velarde.
Public prosecutors walked out and tendered their collective resignation.
People rushed to the EDSA Shrine demanding petitioners resignation
Petitioner agreed to the holding of a snap election for President where he
would not be a candidate. It did not diffuse the growing crisis.
January 20 turned out to be the day of surrender. Negotiations for the
peaceful and orderly transfer of power were conducted.
CJ Davide administered the oath to respondent Arroyo as President of the
Philippines.
Respondent Arroyo immediately discharged the powers of duties of the
Presidency. The Arroyo government was recognized by foreign governments.
The House of Representatives expressed their support to the administration
through Resolution Nos. 175 and 176. She also nominated Sen. Teofisto
Guingona, Jr. as VP and Senate confirmed the nomination.
Senate Resolution No. 83 impeachment court is functus officio and has been
terminated
Several cases were previously filed against petitioner in the Office of the
Ombudsman.
Petitioner:
Issues:
1. WoN the cases involve a political question
NO
The Arroyo government is not revolutionary in character. The oath that she
took at the EDSA Shrine is the oath under the 1987 Constitution. In her oath,
she categorically swore to preserve and defend the 1987 Constitution.
Indeed, she has stressed that she is discharging the powers of the presidency
under the authority of the 1987 Constitution.
Distinction between EDSA 1 and EDSA 2
o EDSA 1 (political questions)
- Involves the exercise of people power of revolution which
overthrew the whole government
- Extra constitutional legitimacy of the new government cannot
be the subject of judicial review
o EDSA 2 (legal questions)
- Exercise of people power of freedom of speech and freedom of
assembly to petition the government for redress of grievances
which only affected the office of the President
- Intra constitutional resignation of the sitting President that it
caused and the succession of the VP as President are subject to
judicial review
2. WoN the petitioner resigned as President
YES
Elements of Resignation:
1. Intent to resign
2. Intent must be coupled by acts of relinquishment
Angara Diary serialized in the Philippine Daily Inquirer
o The proposal for a snap election where President would not be a
candidate shows petitioners intention to give up the presidency.
o His mind was already concerned with the five-day grace period he
could stay in the palace.
o Petitioner showed no defiance to the request of a peaceful and orderly
transfer of power.
o Pagod na pagod na ako. Ayoko na masyado nang masakit. Pagod na
ako sa red tape, bureaucracy, intriga. Ayoko na are words of
resignation.