Estrada v.

Desierto and companion case, 353 SCRA 452 (2001)

Nature:
Petitioner Joseph Ejercito Estrada alleges that he is the President
on leave while respondent Gloria Macapagal-Arroyo claims she is the
President.

Facts:
During the 1998 elections, Joseph E. Estrada and Gloria
Macapagal Arroyo were elected as president and vice-president
respectively. The downfall of the Estrada administration began when For.
Gov. Luis Chavit Singson went to the media and released his exposé that
petitioner was part of the Jueteng scandal as having received large sums
of money. After this expose, a lot of different groups and many
personalities had asked for the resignation of the petitioner.

Following the aborted impeachment trial & the resignation of

majority of the members of the Cabinet & the defection of the military &
the police, at about noon of Jan. 20, 2001, V-president Arroyo was sworn
into office as President of the Philippines, while President Estrada with his
family left Malacanang. On the same day, however, President Estrada
wrote a letter to the Senate stating that he was unable to exercise the
powers of the office of the Presidency & the operation of the Constitution,
the V-president shall be Acting President.

Issue:
Whether or not Petitioner Estrada resigned as President.

Ruling:
Yes. On Jan. 20, 2001, despite receipt of the letter, the House
issued a resolution supporting the assumption of Arroyo as President.
Likewise, on Feb. 7, it confirmed the nomination by President Arroyo of
Sen. Guingona as V-President. On the same day, the Senate also
confirmed the nomination. The Senate on Feb. 8, issued a resolution
confirming the existence of a vacancy in the Senate brought about by the
nomination of Sen. Guingona & urging the COMELEC to fill the vacancy.
Finally, both Houses of Congress started sending bills to be signed into
law by President Arroyo.

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 issues—President
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 Malacañan 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 resign—must be accompanied by act of relinquishment—act or
omission before, during and after January 20, 2001.

It is therefore clear that Congress has recognized Arroyo as the

President, & that the inability of Estrada is no longer temporary. In the
face of this determination by a co-equal branch, the court is without
authority to review. It is a political question, which cannot be decided by
the Court without transgressing the principle of separation of powers.