Estrada v. Disierto

Estrada v. Disierto

G.R. No. 146710-15 March 2, 2001

Puno, J.

Facts:

                In the May 11, 1998 elections, petitioner Joseph Estrada was elected President while respondent Gloria Macapagal-Arroyo was elected Vice-President. From the beginning of his term, however, petitioner was plagued by problems that slowly eroded his popularity. On October 4, 2000, Ilocos Sur Governor Chavit Singson, a longtime friend of the petitioner, accused the petitioner, his family and friends of receiving millions of pesos from jueteng lords. The expose’ immediately ignited reactions of rage. 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.” The ruling was met by a spontaneous outburst of anger that hit the streets of the metropolis. 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, at about 12 noon, 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. It also appeared that on the same day, he 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 on the same day.

                After his fall from the power, the petitioner’s legal problems appeared in clusters. Several cases previously filed against him in the Office of the Ombudsman were set in motion.

Issues:

                whether or not the petitioner resigned as President; and whether or not the petitioner is only temporarily unable to act as President

Held:

                Yes. Resignation is a factual question. In order to have a valid resignation, there must be an intent to resign and the intent must be coupled by acts of relinquishment. The validity of a resignation is not governed 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 cases at bar, the facts show that petitioner did not write any formal letter of resignation before leaving Malacañang Palace. Consequently, whether or not petitioner resigned has to be determined from his acts and omissions before, during and after Jan. 20, 2001 or by the totality of prior, contemporaneous and posterior facts and circumstantial evidence bearing a material relevance on the issue. The Court had an authoritative window on the state of mind of the petitioner provided by the diary of Executive Sec. Angara serialized in the Phil. Daily Inquirer. During the first stage of negotiation between Estrada and the opposition, the topic was already about a peaceful and orderly transfer of power. The resignation of the petitioner was implied. During the second round of negotiation, the resignation of the petitioner was again treated as a given fact. The only unsettled points at that time were the measures to be undertaken by the parties during and after the transition period. The Court held that the resignation of the petitioner cannot be doubted. It was confirmed by his leaving Malacañang. In the press release containing his final statement, (1) he acknowledged the oath-taking of the respondent as President of the Republic, but with the reservation about its legality; (2) he emphasized he was leaving the Palace, the seat of the presidency, for the sake of peace and in order to begin the healing process of the nation. He did not say he was leaving the Palace due to any kind of inability 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; (4) he assured that he will not shirk from any future challenge that may come ahead in the same service of the country; and (5) he called on his supporters to join him in the promotion of a constructive national spirit of reconciliation and solidarity.

                The Court also tackled the contention of the petitioner that he is merely temporarily unable to perform the powers and duties of the presidency, and hence is a President on leave. The inability claim is contained in the Jan. 20, 2001 letter of petitioner sent to Senate Pres. Pimentel and Speaker Fuentebella. Despite said letter, the House of Representatives passed a resolution supporting the assumption into office by Arroyo as President. The Senate also passed a resolution confirming the nomination of Guingona as Vice-President. Both houses of Congress have recognized respondent Arroyo as the President. Implicitly clear in that recognition is the premise that the inability of petitioner Estrada is no longer temporary. Congress has clearly rejected petitioner’s claim of inability. The Court cannot pass upon petitioner’s claim of inability to discharge the powers and duties of the presidency. The question is political in nature and addressed solely to Congress by constitutional fiat. It is a political issue which cannot be decided by the Court without transgressing the principle of separation of powers.

                Estrada also argues that he could not have resigned as a matter of law, since Section 12 of Anti-Graft and Corrupt Practices Act (RA 3019) prohibits the resignation or retirement of any public officer pending a criminal or administrative investigation for any case filed against him under RA 3019 or the Revised Penal Code’s provisions on bribery.  The Court interpreted this provision according to the intent of the lawmakers, and that is that the provision was included supposedly to “prevent the act of resignation or retirement from being used … as a protective shield to stop the investigation of a pending criminal or administrative case against him and to prevent his prosecution under [RA 3019]…”  Estrada therefore cannot invoke this provision to violate the very practice it was supposed to prevent.