Estrada v.

Arroyo
Ponente: Justice Puno
Facts:

This involves
petitions of Joseph Ejercito Estrada challenging the respondent Gloria Macapagal-Arroyo
as the de jure 14th President of the epu!lic" A short outline of events that precipitated
the case at !ar thus follo#s:
1" Petitioner #on in the May 1$$% national elections as president& the respondent
as vice-president"
' (n (cto!er 4& ')))& *locos +ur Governor ,havit +ingson accused the petitioner
and his fa-ily of receiving -illions of pesos fro- jueteng lords" +uch e.pose
ignited several reactions of rage"
/" There !eca-e a !uilt up of a call for petitioner to resign fro- office and his
officials one !y one resigned #ithdra#ing their support"
4" *n 0ove-!er ') *-peach-ent Trial of the petitioner #as opened& in 1ece-!er
2*-peach-ent Trial !egan"
3" January 1$ people lined up in E1+A sho#ing a greater call for the resignation
of thepresident"4"January ') #as the day of petitioner5s surrender" At 1':)) noon
,hief Justice 6ilario 1avid ad-inistered oath to respondent Arroyo as President
of the Philippines" At ':/) p- petitioner left Malacanang and issued a press
state-ent
And a letter trans-itting the e.ecutive po#er upon hi-& the president to the vice-
president !eco-ing the acting president2"The Monday after the oath& Arroyo
discharged po#ers of the President"%",ri-inal cases have !een filed against the
petitioner after he stepped do#n into presidency
Issue:
718 9hether or not petitioner resigned as President
7'8 9hether or not the petitioner is te-porarily una!le to act as President
7/8 9hether or not petitioner enjoys i--unity fro- suit
Held:
*t #as said that there -ust !e intent to resign and the intent -ust !e coupled !y
acts of relin:uish-ent
There is no for-al re:uire-ent as to for- of a valid resignation" *t can !e oral" *t can !e
#ritten" *t can !e e.press" *t can !e i-plied" As long as the resignation is clear& it
-ust !e given legal effect" ,onse:uently& #hether or not petitioner resigned has to !e
deter-ined fro- his act and o-issions !efore& during and after January ')& '))1 or !y
the totality of prior& conte-poraneous and posterior facts and circu-stantial evidence
!earing a -aterial relevance on the issue"

;sing the T(TA<*T= TE+T& Estrada #as held to have resigned as President"
7'8 *ntent to esign" There #as pu!lic pressure for petitioner to resign" *n the diary of
E.ecutive +ecretary Eduardo Angara called >?inal 1ays of Joseph Ejercito
Estrada&> an authoritative #indo# to the state of -ind of the petitioner
#as provided" (n January ')& ':/) p- he proposed for a snap election for president
in May& e-phasi@ing that he #ould not !e a candidate" This is an indication that he
intended to give up the presidency even at that ti-e"As his support fro- his officials #ere
#ithdra#n& he #as even advised to have a >dignified e.itor resignation"> Estrada did not
o!ject to this suggestion !ut stated that he #ould never leave the country" At 1):)) p"-"
he said to Angara >Ed& Angie 7eyes8 guaranteed that * #ould have five days to a #eeA in
the palace"> This #as proof petitioner had reconciled hi-self to the reality that he had to
resign" 6is -ind #as already concerned #ith the five-day grace period he could stay in
the palace" Estrada !eca-e concerned #ith peaceful and orderly transfer of
po#er #hen he told Angara >>Ed& -agtulungan tayo para -agAaroon tayo ng 7let5s
cooperateto ensure a8 peaceful and orderly transfer of po#er"> The resignation of the
petitioner #as i-plied"

Acts of elin:uish-ent" *n the press release containing his final state-ent !efore he and
his fa-ily left Malacanang& 718 he acAno#ledged the oath-taAing of the respondent as
President of the epu!lic al!eit #ith reservation a!out its legalityB 7'8 he e-phasi@ed he
#as leaving the Palace& the seat of the presidency& for the saAe of peace and in order to
!egin the healing process of our nation" 6e did not say he #as leaving the Palace due to
any Aind ina!ility and that he #as going to re-assu-e the presidency as soon as the
disa!ility disappears: 7/8 he e.pressed his gratitude to the people for the opportunity to
serve the-" 9ithout dou!t& he #as referring to the past opportunity given hi- to serve
the people as President 748 he assured that he #ill not shirA fro- any future challenge that
-ay co-e ahead in the sa-e service of our
country" Petitioner5s reference is to a future challenge after occupying the office of the
president #hich he has given upB and 738 he called on his supporters to join hi- in the
pro-otion of a constructive national spirit of reconciliation and solidarity" ,ertainly& the
national spirit of reconciliation and solidarity could not !e attained if he did not give up
the presidency" The press release #as petitioner5s valedictory& his final act of fare#ell" 6is
presidency is no# in the past tense"

/"The la# #hich concerned this issue #as Article C** +ec"11
The operative facts concerning this issue are:DPetitioner& on January ')& '))1& sent letter
clai-ing ina!ility to the +enate President and+peaAer of the 6ouseBD;na#are of the
letter& respondent Arroyo tooA her oath of office as President on January ')&'))1 at a!out
1':/) p"-"BD1espite receipt of the letter& the 6ouse of epresentatives passed on January
'4& '))1 6ouseesolution 0o" 123B follo#ed !y 6ouse esolution 0o" 124 a resolution
e.pressing the support
of the house of representatives to the assu-ption into office !y Cice President Gloria
Macapagal-Arroyo as President of the epu!lic of the Philippines& adopted January
'4& '))1" ,learly& fro- the given facts& !oth houses of ,ongress have recogni@ed
respondent Arroyo as the President" *-plicitly clear in that recognition is the pre-ise that
the ina!ility of petitioner Estrada is no longer te-porary" ,ongress has clearly rejected
petitioner5s clai- of te-porary ina!ility" The ,ourt has no jurisdiction to revie# the
te-porary ina!ility and to revise thereafter the decision of !oth houses of ,ongress
recogni@ing Arroyo as President !ecause this :uestion involves the <egislature5s
discretionary authority"
4" *t #as held the Estrada is not i--une for lia!ility"
6is clai- that he -ust the i-peach-ent proceeding -ust first !e decided !efore civil or
cri-inal prosecution !egin is untena!le for he has !een considered resigned fro- office"
6ence the i-peach-ent tri!unal and proceeding has ceased" 6ence& as a non-sitting
President& he can !e tried for civil and cri-inal charges filed against hi-