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JOSEPH E. ESTRADA v.

GLORA MACAPAGAL-ARROYO

G.R. No. 146738

Date: 2001-03-02

FACTS:

Estrada was charged of his wrong doings On October 2004. He was impeached
by the Hor on November 13 and from then on, impeachment was further processed for
allegations of graft and corruption under his regime. Impeachment trials were at its peak
intensity and Senate Pimentel then resigned after voting against Estrada. On January
20, it was declared that the seat of presidency was vacant and that Estrada
“constructively resigned his post”. Arroyo then took her oath of office as the 14th
President.

ISSUES:

(1) Whether or not Estrada resigned as President.


(2) Whether or not Arroyo is only acting as President.

RULING:

(1) YES, Estrada resigned as President.


(2) NO, Arroyo is not acting as President.

RATIO DECIDENDI:

Both the elements of a valid resignation: (a) an intent to resign and (b) acts of
relinquishment were both passed by Estrada when he stepped down as President of the
Philippines.

The Congress passed House Resolution No. 176 explicitly expressing to the
public with regards to Gloria Macapagal-Arroyo as President of the Philippines. It is
proven that regardless of whatever Estrada can demonstrate, he cannot effectively
guarantee that he is a President on leave on the ground that he is just incapable to
administer incidentally. That case has been let go by Congress and Arroyo is the choice
by law.

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