Tan, Rolan Vincent S.

JD 1 EH 408
Constitutional Law 2
Case Digest | On Judicial Review

Estrada vs Arroyo, GR No. 146738 March 2 2001

Facts:

In the May 11, 1998 elections, petitioner Joseph Estrada was elected President while respondent
Gloria Macapagal-Arroyo was elected Vice-President.

On October 4, 2000, Ilocos Sur Governor Chavit Singson accused the petitioner, his family and friends
of receiving millions of pesos from jueteng lords.

On November 13, 2000, House Speaker Villar transmitted the Articles of Impeachment signed by 115
representatives or more than 1/3 of all the members of the House of Representatives to the Senate.

On November 20, 2000, the Senate formally opened the impeachment trial of the petitioner.

On January 16, 2001, 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 P3.3 billion in a secret bank
account under the name Jose Velarde.

Thereafter, the Armed Forces and the PNP withdrew their support to the Estrada government. Some
Cabinet secretaries, undersecretaries, assistant secretaries and bureau chiefs resigned from their posts.

On January 20, 2001, Chief Justice Davide administered the oath to respondent Arroyo as President of
the Philippines. On the same day, petitioner issued a press statement that he was leaving Malacanang
Palace for the sake of peace and in order to begin the healing process of the nation.

On the same day, the petitioner signed a letter stating that he was transmitting a declaration that he
was unable to exercise the powers and duties of his office and that by operation of law and the
Constitution, the Vice-President shall be the Acting President. A copy of the letter was sent to Speaker
Fuentebella and Senate President Pimentel

Erap, after his fall, filed petition for prohibition which sought to enjoin the Ombudsman from
conducting any further proceedings in cases filed against him not until his term as president ends.
Issue:

Whether or not, Estrada resigned as President

Whether or not, Arroyo in her capacity, is only an Acting President

Ruling/Decision:

Elements of valid resignation: (a) an intent to resign and (b) acts of relinquishment. Both were present
when President Estrada left the Palace.

Totality of prior contemporaneous posterior facts and circumstantial evidence bearing material relevant
issuesPresident Estrada is deemed to have resigned constructive resignation.

SC declared that the resignation of President Estrada could not be doubted as confirmed by his leaving
Malacaan Palace. In the press release containing his final statement:

1. He acknowledged the oath-taking of the respondent as President;

2. He emphasized he was leaving the Palace for the sake of peace and in order to begin the healing
process (he did not say that he was leaving due to any kind of disability and that he was going to reassume
the Presidency as soon as the disability disappears);

3. He expressed his gratitude to the people for the opportunity to serve them as President
(without doubt referring to the past opportunity);

4. He assured that he will not shirk from any future challenge that may come in the same service
of the country;

5. He called on his supporters to join him in promotion of a constructive national spirit of

reconciliation and solidarity.

Intent to resignmust be accompanied by act of relinquishmentact or omission before, during and

after January 20, 2001.

The Congress passed House Resolution No. 176 expressly stating its support to Gloria Macapagal-Arroyo
as President of the Republic of the Philippines and subsequently passed H.R. 178 confirms the nomination
of Teofisto T. Guingona Jr. as Vice President. Senate passed HR No. 83 declaring the Impeachment Courts
as Functius Officio and has been terminated. It is clear is that both houses of Congress recognized Arroyo
as the President. Implicitly clear in that recognition is the premise that the inability of Estrada is no longer
temporary as the Congress has clearly rejected his claim of inability.