The Last Days of Joseph Ejercito Estrada

By Executive Secretary Edgardo Angara
Printed in the Philippine Daily Inquirer, e!ruary "#$"% &""1


Editor’s Note: This is the inside story of the “The Final Days of Joseph Ejercito Estrada” hich is the title of the diary of for!er E"ecuti#e $ecretary Ed%ardo &n%ara' &n%ara !ade the diaries e"clusi#ely a#aila(le to the I N)*I+E+' ,is narrati#e contains a detailed account of e#ents inside durin% Estrada’s last t o days in office' It is an insider’s account of ho and hy the ne%otiations for the resi%nation collapsed/ lea#in% a constitutional a!(i%uity hich is no the (asis for a le%al challen%e/ sta%ed (y Estrada’s supporters/ a%ainst the le%al le%iti!acy of the -acapa%al %o#ern!ent' &n%ara’s account is incorporated in a (oo0 the Inquirer is pu(lishin% on the fall of the Estrada %o#ern!ent' The (oo0/ hose principal author is &!ando Doronila/ contains a co!prehensi#e assess!ent of the reasons (ehind the collapse of the %o#ern!ent and inside stories of the e#ents durin% the fi#e days of People Po er II' (T )AS *+," in the -orning, Jan' &", &""1'& ( .as inside the Presidentia/ 0esidence, tired and .eary fro- a night of negotiations for Joseph Ejercito Estrada' The residence /oo1ed coo/ and tran2ui/, as it had !een for -any -onths that ( had !een its visitor' 3ery fe. peop/e .ere -oving around the first f/oor of the residence' 4y senior Deputy Executive Secretary, 0a-on 5Dondon6 Bagatsing, .as seated at one of the round ta!/es' The head of the Presidentia/ 4anage-ent Staff, 4a' 7e/ia 54ace/6 ernande8, .as !usy at the co-puter' 9n/y 1, days ago, ( too1 -y oath as executive secretary on Jan %, &""1 to .or1 .ith the th 1, President of the Phi/ippines' And the 1,th day /asted t.o days' )hen ( -ade the difficu/t decision to accept the position of executive secretary, on/y t.o things .ere c/ear in -y -ind and heart' 9ne, ( .ou/d serve our country .ith a// -y energy, ensuring that govern-ent .ou/d a/.ays !e there for our country-en' But -ore i-portant/y, ( 1ne. that this .as a jo! that ( .ou/d perfor- to the !est of -y capacities$ ti// the end' 7ertain/y, it .as this disposition, that carried -e through those fina/ days, those fina/ hours, and gave -e the opportunity to .itness history unfo/ding' At nine in the -orning of Thursday, Jan' 1:, ( received the officers and !oard -e-!ers of the ederation of i/ipino 7hinese 7ha-!ers of 7o--erce in -y office at 4a!ini ;a//, headed !y their president e-eritus Ji--y Tang' )e discussed ho. the federation cou/d assist in e-p/oy-ent creation especia//y in the countryside'

Briefing on NDF, MILF
(--ediate/y after <en' Edgardo Batenga and <en' 3ictor 4ayo, deputy nationa/ security adviser, gave -e a !riefing on the 4(L negotiations' A .ee1 ago, the President gave -e the go ahead to resu-e negotiations .ith !oth the =ationa/ De-ocratic ront and the 4oro (s/a-ic

Page !rea1s indicate .hen the part pu!/ished has conc/uded' (ta/ici8ed 5Editor6s =otes6 are part of the texts the-se/ves' ootnotes are -y co--ents'

> irst of three parts? Philippine Daily Inquirer, e!ruary "# &""1' 0etrieved frohttp+@@ne.s'goog/e'co-@ne.spapersAnidB&#C*DdatB&""1"&"#DidBEE#&AAAA(BAJDsjidBh7F4AAAA(BAJDpgB,&&&,1%G&##&C ;ead/ine+ Erap6s fina/ hours to/d' Drophead+ At 1+&" p-', Jan &", Estrada says, 5This is serious, 0eyes has defected6' This .as revised in the e!ruary "G, &""1 issue of the Philippine Daily Inquirer as 5At At 1+&" p-', Jan 19, Estrada says, 5This is serious, 0eyes has defected'6 , Page !rea1, -ar1ed as 5E0AP6S@A1%

Li!eration ront' The =D had given a positive response and ( had the initia/ !atch of po/itica/ prisoners processed for re/ease' ( .as voted !y Senate President A2ui/ino 5=ene6 Pi-ente/ to go to the Senate and attend a /unch testi-onia/ for t.o po/ice-en .ho had died trying to defuse the Dec' ," !o-! in 4a1ati' Ear/y that -orning, ( had received re2uests for intervie.s fro- the =e. Hor1 Ti-es, Ti-e 4aga8ine and =e.s.ee1' The foreign press -ust s-e// so-ething, ( thought' At around C p'- of Jan' 1:, inance Secretary Jose 5Titoy6 Pardo as1ed -e to join hi- in as1ing his five undersecretaries to ho/d !ac1 their resignations for a fe. days' ( exp/ained to hithat a/though .e understood their fee/ings, it .ou/d not !e an opportune ti-e to resign' Be/ieving Titoy and ( had persuaded the- to defer their resignation, ( /eft and .ent to 4a/acaIang' At around : p'-', the president .as ta/1ing to his defense /a.yers';e .as consu/ting the- on the opening of the second enve/ope' The President had seen the reaction of the peop/e to the suppression of the second enve/ope' ee/ing he had nothing to hide, President Estrada as1ed his /a.yers to re2uest that the second enve/ope !e opened, despite the fact that he had a/ready .on the /ega/ !att/e over that technica/ issue'

Meeting with Senators
By : a'- of Jan' 1*, a/ong .ith Press Secretary Dong Puno, ( -et at the =e. )or/d ;ote/ Senators Juan Ponce Enri/e and <ringo ;onasan, and the President6s defense /a.yer, Este/ito 4endo8a, to sound the- out on the proposa/ to open the second enve/ope' J(f this is the President6s decision,K said the senators, J.e cannot do anything'K

Sensing the situation .as !eco-ing critica/, ( ca//ed 4ace/ ernande8 fro- the hote/ to draft an Executive 9rder creating an ad hoc co--ittee to -onitor and -anage the fast$s.e//ing cro.ds in order to safeguard hu-an rights and prevent vio/ence' At 1"+&& a'-', ( arrived at the Presidentia/ 0esidence' Secretary 0o!ert Aventajado, Lito Banayo and Dong Puno .ere a/ready having !rea1fast' 9n/y 4ercado .as .earing !/ac1' ;e .as seated !eside 4ace/' D(L< Secretary A/fredo Li- .as a/so there' The President6s /ega/ tea-, Este/ito 4endo8a, Andres =arvasa, 0au/ Da8a and 7/eofe 3er8o/a, arrived soon after ( did' Together .ith the President, Lito Banayo, Dong, 9r/y, red Li- and ( .ent inside the s-a// conference roo- of the residence to discuss t.o i-portant points$ the opening of the second enve/ope and the ad hoc co--ittee to hand/e the de-onstrations' A consensus .as arrived at that the President .ou/d issue a pu!/ic state-ent ca//ing for the opening of the second enve/ope' The president a/so 2uic1/y agreed to constitute the ad hoc co--ittee, .ith the executive secretary sitting as chair and the secretary of interior and /oca/ govern-ent as vice chair' 4e-!ers .ou/d inc/ude the secretaries of Justice, nationa/ defence, finance, the press secretary, the director genera/ of the P=P and the chief of staff of the Ar-ed orce of the Phi/ippines' ( had the co--ittee -e-!ers ca//ed ear/ier for our first -eeting' A// of the- .ere present, except the A P chief of staff, <en' Ange/o 0eyes, and Secretary Pardo' The =ica, (safp, P=P (nte//igence <roup and =B( head a/so ca-e as support staff to the ad hoc co--ittee' Discussions on the state of security fo//o.ed' JThe -i/itary is 1""L secure,K reassured 9r/y' ( did not 1no. that -o-ents ear/ier, he had to/d 4ace/ that govern-ent had to act fast, !ecause in the /ast fe. days the 4i/itary .ou/d -ove' ( a/so did not 1no. that 9r/y6s vehic/e that day contained at /east &" high$po.ered firear-s'

At 1 p'-', 9r/y /eft the pa/ace' ;e said he .as just going to the office' 1:20 !"!# The President ca//s -e into his s-a// office at the Presidentia/ 0esidence >P0? and says in a so-!er tone, JEd/ seryoso na ito' 1u!alas na si &n%elo 2+eyes3 >Ed, this serious, Ange/o has defected?'K# <enera/ 7a/i-/i- is !eside hi-' 9n the couch sits Ping Lacson, ta/1ing on his ce// phone' The President cou/d not understand .hy 0eyes .ou/d defect, after he had consistent/y i-proved the so/dier6s pay and .e/fare !enefits' And he cou/d not understand .hy 0eyes, .hose appoint-ent had !een extended !y the President unti/ &""& just a fe. days ear/ier, .ou/d a!andon hi- at the ti-e he .as -ost needed' 2:00 !"# The President prepares to tape the previous/y prepared state-ent regarding the second enve/ope' )hi/e the President is dressing up for his taping, Sen' 0au/ 0oco ca//s -e on the ce//u/ar phone' JPartner,K he says, Jit6s ti-e to ta1e a decision' Perhaps you shou/d convince the President to resign'K )hi/e ( a- ta/1ing to 0oco, Secretary A/redo Li- is hovering around -e and as1ing, J)ho are you ta/1ing toAK J0au/ 0oco,K (' Li- i--ediate/y says, J &alis na !una a0o' I!!o(ili4e 0o lan% si -a%anto'” >( have to /eave, ( .i// i--o!i/i8e 4aganto?,K said Li-' J,intayin !o !una si Presidente/ na%(i(ihis lan% ,K ( to/d red' ;e ans.ered, J,indi na/ !auna na a0o'K>Angara te//s hi- to .ait for the President .ho .as dressing up' But Li- said he had to go'? 7hief Supt' 0o-eo 4aganto, head of a tas1 force at the interior depart-ent, reported/y a//o.ed the protestors in 4endio/a to get c/oser to the Pa/ace gates' 2:$0 !"!# Secretary Li- /eaves the Pa/ace' The President, in a /ast -inute effort to diffuse the situation and ho/d !ac1 the de-onstrators, decided to ho/d a snap e/ections, and that he .ou/d not hi-se/f run in that e/ections'G ( as1ed Senator 0oco .hat he thought of the snap e/ections' 0oco ans.ered that snap e/ections -ight !e very difficu/t considering there is no vacancy for the vice presidency' 2:%& !"!# ( invited Senate President Pi-ente/ and Spea1er =o/i uente!e//a to co-e to 4a/acaIang to as1 for their opinion on the snap e/ections' They arrived at the P0 and -et .ith the President and -yse/f' JThere .ou/d !e technica/ difficu/ties on the snap e/ections,K =ene, said, Jsince the position of 3ice President is not vacant'K =o/i did not vo/unteer any co--ents' =onethe/ess they as1ed the President to send the- a .ritten re2uest' $:00 !"!# <enera/ 0eyes announces his decision' ( see on te/evision that <enera/ 0eyes is acco-panied !y 9r/y 4ercado, .earing !/ac1' 9r/y had !een one of the -ost trusted and favoured 7a!inet -e-!ers of Estrada and .as president of Estrada6s Partido ng 4asang Pi/ipino' 7onsidering that the President6s options at the ti-e are /i-ited to snap e/ections and sti// fighting it out, ( pu// aside =ene Pi-ente/ and as1 hi- if he cou/d advise the president not to exc/ude other options' JA dignified exit or resignation -ight !e the !est .ay for hi-,K ( said' The President /istens intent/y to Pi-ente/, .ho vo/unteers to put the idea to 7ory A2uino and get a feed!ac1'%

0efer to Ange/o 0eyes6 account, JThe 11 th ;our DecisionK Philippine Daily Inquirer 4arch &""1 0etrieved frohttp+@@...'supr'ai-'edu@EDSA@EDSAMthe11thour'htG JThe proposa/ for a snap e/ection for president in 4ay .here he .ou/d not !e a candidate is an indiciu- that petitioner had intended to give up the presidency even at that ti-e'K See Estrada vs' Desierto N<'0' =os' 1#%C1"$1G' 4arch &, &""1O and Estrada vs' Arroyo N<'0' =o' 1#%C,:' 4arch &, &""1O http+@@sc'judiciary'gov'ph@jurisprudence@&""1@-ar&""1@1#%C1"M1G'ht% JAccording to Secretary Angara, he as1ed Senator Pi-ente/ to advise petitioner to consider the option of Jdignified exit or resignation'KN:1O Petitioner did nor disagree !ut /istened intent/y''' Significant/y, the petitioner expressed no o!jection to the suggestion for a gracefu/ and dignified exit !ut said he .ou/d never /eave the country' At 1"+"" p'-', petitioner revea/ed to Secretary Angara, JEd, Angie >0eyes? guaranteed that (

$:%& !"!# ( see on te/evision that <enera/ 7a/i-/i- has joined <enera/ 0eyes in support for the President' ;e had !een in the P0 just hours !efore' (t .as no. -ore crucia/ than ever that the P=P re-ain /oya/ to the presidency' Ping Lacson i--ediate/y said he .ou/d chec1 .ith the P=P directors .ho .ere .aiting in his office' %:00 !"!# Ping Lacson /eaves the Presidentia/ Pa/ace &:$0 !"!# The President tapes a state-ent at the -ain conference roo- of the Pa/ace ca//ing for snap e/ections and stating categorica//y that he .ou/d not run' riends and supporters ra//ied around hi- for support' Ping Lacson ca//ed -e to say that the P=P has decided to .ithdra. support for the President' ;e as1ed to ta/1 to the President !ut ( said the President .as taping a -essage in the -ain conference ha//' ( pro-ised Ping that ( .ou/d ca// hi- !ac1 as soon as the President .as free' ( then crossed over fro- the residence to the Pa/ace and .aited for the President to finish taping to re/ay to hi- Ping6s -essage' ( have Ping ca//ed and the President and he ta/1 over the phone' ':00 !"!# Ping Lacson announced on te/evision that the P=P .as its support to the President' Ping said it .as the -ost difficu/t decision of his /ife' (:00 !"!# ( /eave !rief/y to -eet .ith severa/ senators at -y apart-ent to update theon deve/op-ents' ( arrive at the sa-e ti-e as Tessie A2uino$9reta' Sen' Jonny Ponce Enri/e arrives soon after' 9:00 !"!# Before other senators arrive and as ( start !riefing Tessie and Johnny on the deve/op-ents, ( receive a ca// fro- =ene Pi-ente/ as1ing -e to join hi- in the Pa/ace to -eet the President' ( i--ediate/y rush !ac1 to 4a/acaIang' The senators -et .ithout -e, .ith Senators John 9s-eIa, Tito Sotto and <ringo ;onasan arriving after ( had /eft' 9:$0 !"!# ( arrived in the Presidentia/ 0esidence to -eet =ene and the President' =ene is a/ready .ith the President inside the /atter6s s-a// office' They are J3 Ejercito' The President, =ene, J3 and ( -eet in the President6s office' =ene repeats to the President the need to -a1e a gratefu/ and dignified exit, saying that he .ou/d !e a//o.ed to go a!road .ith enough funds to support hi- and his fa-i/y' The President said he .i// never /eave the country' The President a/so reiterates his desire that the second /etter !e opened' A /etter is i--ediate/y drafted, .here the President as1s the Senate sitting as an i-peach-ent court to open the second enve/ope' Later, an aide says 7ardina/ 3ida/ has arrived and the three of us join the 7ardina/ in the -ain sa/a' 10:00 !"!# After the -eeting, the President te//s -e, JEd, Angie >0eyes? guaranteed that ( .ou/d have to a .ee1 in the Pa/ace'K (Tomorrow: Negotiations with Macapagal men begin)5

.ou/d have five days to a .ee1 in the pa/ace'KN:GO This is proof that petitioner had reconci/ed hi-se/f to the rea/ity that he had to resign' ;is -ind .as a/ready concerned .ith the five$day grace period he cou/d stay in the pa/ace' See Estrada vs' Desierto N<'0' =os' 1#%C1"$1G' 4arch &, &""1O and Estrada vs' Arroyo N<'0' =o' 1#%C,:' 4arch &, &""1O http+@@sc'judiciary'gov'ph@jurisprudence@&""1@-ar&""1@1#%C1"M1G'htC Part 1 of Angara6s diary ends here'

>$econd of three parts? Editor’s note: This is the continuation of “The Final Days of Joseph Ejercito Estrada” a narrati#e of for!er E"ecuti#e $ecretary Ed%ardo &n%ara' It is an insider’s account of Estrada’s last t o days in office/ durin% hich a defeated president tells the author/ “I a! #ery tired' I don’t ant any !ore of this6 it’s too painful'” Friday/ Jan' 78/ 9::7'; 11 !"!# 0ene de 3i//a, one of the opposition6s e-issaries and no. </oria 4acapaga/$ Arroyo6s executive secretary, ca//s to as1 that .e -eet in negotiation' ( receive a ca// fro- for-er President ide/ 3' 0a-os' JEd,K 0a-os says, J!a%tulun%an tayo para !a%0aroon n% >Let6s cooperate to ensure a? peacefu/ and order/y transfer of' (t is i-portant that there .i// !e no vio/ence'K ( J9f course, 4r' President, it is a/so in our interest that no vio/ence .i// !rea1 out'K )e set the first round of negotiations in the 9ffice of the Executive Secretary at 4a/acaIang6s 4a!ini ;a//' Po/itica/ advisor Lito Banayo, Assistant Secretary Boying 0e-u//a of the Presidentia/ 4anage-ent <roup, -y aide Dondon Bagatsing and P4S head 4ace/ ernande8 are .ith -e 12:20 a!"!# 0ene de 3i//a* arrives in 4a!ini ;a//, acco-panied !y no. inance Secretary A/!erto JBertK 0o-u/o and no. Justice Secretary ;ernando J=aniK Pere8' The first round of negotiations !egins' 0ene gives -e a draft resignation /etter for the President, .ith the de-and that the /etter !e signed and the President /eave the office !y % a'-' J9ther.ise,K he te//s -e, J.e cannot contro/ the hotheads in our group' <ulusu(in nila an% >They .i// attac1 4a/acaIang?'K1" ( that 3ice President </oria 4acapaga/Arroyo11 exercise her /eadership over these groups'1& ( te// the negotiators, J( asincere in getting the pro!/e- out of the .ay to nor-a/i8e the situation as soon as possi!/e'K )e .ant no vio/ence, just a peacefu/ transition, and ( .i// exert a// efforts to prevent any vio/ence fro- ta1ing p/ace' The President has accepted that he .i// /eave the Pa/ace, ( exp/ain, !ut insists on the five$day transition period' 0ene .ants to 1no. .hy the President needs five days' J)hy can6t he /eave !y % a'-'AK he as1s' ( J( can on/y sur-ise that it is !ecause >Ar-ed orces 7hief of Staff? <enera/ >Ange/o? 0eyes has pro-ised the President a five$day transition period' ;e .ou/d turn over the Presidency on the &#th' ( .as not privy to their conversation, !ut ( can guess that the five days .ou/d !e just enough ti-e for the President to advise his fa-i/y, friends and supporters of his


>Second of three parts? Philippine Daily Inquirer e!ruary "G, &""1' 0etrieved fro- http+@@ne.s'goog/e'co-@ne.spapersA nidB:,FE%yveg9#7DdatB&""1"&"GDprintsecBfrontpageDh/Ben ;ead/ine+ JErap6s fina/ hours$ During ta/1s, & sides acted in !ad faithK * 0enato De 3i//a, ide/ 3' 0a-os6 for-er Defense secretary'

De 3i//a .as pro!a!/y referring to Jose 4igue/ J4i1eK Arroyo, .ho had threatened then Secretary of inance Jose Pardo P(f !y six oQc/oc1 this -orning you havenQt given us the resignation /etter, .e .i// stor- the gates of 4a/acaIangRK Evident/y, .hi/e 0ene de 3i//a .as hand/ing the -ain negotiations .ith Executive Secretary Edgardo Angara, 4i1e Arroyo had a/so !een doing his o.n negotiations .ith Jose Pardo' or -ore infor-ation, refer to J7redit shou/d go to 4i1e ArroyoK -alaya, January 1% &""&, accessi!/e via http+@@.e!'archive'org@.e!@&""&"&"%&,1CGG@http+@@-a/aya'co-'ph@jan1%@edtorde'ht11 Page ter-inates here, says JDF0(=<@ A%K 1& Fnfortunate/y, </oria 4acapaga/$Arroyo did not have fu// contro/ over these events' As stated in the previous footnote, 4i1e Arroyo .as a/so doing his o.n !ac1$channe/ negotiations .ith Jose Pardo' urther-ore, 4i1e Arroyo has said that J( .asnQt te//ing </oria everything+ ( didnQt .ant her a/ar-ed'''P 0efer to J7redit shou/d go to 4i1e ArroyoK

decision to go'K The President did, after a//, have a good nu-!er of supporters' ( exp/ain to the pane/ that he cannot !e pushed to /eave the Pa/ace ear/ier, since he has <enera/ 0eyes6 assurance

)*e is +own,
( te// the- that the President is 2uite certain of the five$day transition and .i// not easi/y change his -ind into accepting a % a'-' dead/ine' 0ene i--ediate/y raises a concern+ J)hat if the President organi8es a counter$attac1 in the five daysAK JLet us !e rea/istic,K ( counter' JThe President does not have the capa!i/ity to counter$attac1' ;e does not have the A P or the Phi/ippine =ationa/ Po/ice on his side' ;e is not on/y in a corner$ he is a/so do.n'K Bert 0o-u/o1, chi-es in, spea1ing at the top of his voice' J4y -andate is for you to /eave !y % a'-' 9ther.ise, if that is not acco-p/ished, ( cannot co-e !ac1 here any-ore,K he te//s -e' or the sa1e of reaching an agree-ent, ( as1 a// not to ta1e a hard/ine stance' ( exp/ain that it ta1es ti-e to convince the President, .ho needs ti-e to accept things' ( exp/ain that Jthe President just .ants to vindicate his na-e' The enve/ope >containing infor-ation on !an1 accounts a//eged/y o.ned !y Estrada? is, after a//, the spar1 that ignited his conf/agration'K 0ene ans.ers that Jvindication is not a/.ays on the day itse/f'K JBut .e have the occasion to vindicate ourse/ves no.,K ( rep/y' JLet us ta1e this opportunity'K ( exp/ain that after the enve/ope is opened at the i-peach-ent tria/, the President can /eave a/ready$ even !efore the five$day period is over'

$ cr-cial oints
( stress the three points -ost i-portant to the President' 9ne he .i// hand in his resignation, !ut to ta1e affect five days /ater' The five$day transition period is crucia/' (f 0eyes never -ade that assurance, he shou/d ca// the President to exp/ain that he did not assure hi- of the transition period' T.o, there -ust !e a guarantee of safety of the President and his fa-i/y' And three, there -ust !e an agree-ent to open the second enve/ope' ( te// the- that ( aJsincere in getting the pro!/e- out of the .ay to nor-a/i8e the situation as soon as possi!/e'K 0ene says that .e shou/d -eet again at , a'-' ( that .e shou/d -eet at C a'-' since .e a// need so-e rest' But 0ene te//s -e, JC a'-' -ay !e too /ate, since lulusu(in an% >4a/acaIang .i// !e attac1ed? !y % a'-'K )e agree to ho/d a second round of negotiations !y % a'-' The first round of negotiations ends at &+&" a'-'

.ra : )It *-rts,
2:$0 a!"# ( return to the Presidentia/ pa/ace and enter t he s-a// conference roo- .here the President is .aiting' )ith hi- are Sen' Juan Ponce Enri/e and his chief of staff <igi 0eyes, Lito Banayo, 0onnie Puno, Dondon Bagatsing and Boying 0e-u//a' ( exp/ain .hat happened in the first round of negotiations' The President i--ediate/y stresses that he just .ants the five$day period pro-ised !y 0eyes, as .e// as to open the second enve/ope to c/ear his na-e' (f the enve/ope is opened !y 4onday, he says, he .i// /eave !y 4onday' The President says+ J Pa%od na pa%od na a0o6 !asyado nan% !asa0it' Pa%od na a0o sa red tape/ (ureaucracy/ intri%a ' >( avery tired' ( don6t .ant any of this # it6s too painfu/' ( a- tired of the red tape, the !ureaucracy, the intrigue'?K1#

This is -ost /i1e/y A/!erto 0o-u/o, A2uino6s first Secretary of oreign Affairs' J(n the topsy$turvy hours !efore Joseph Estrada .as dru--ed out of the Phi/ippine presidency on Jan' &", A/!erto 0o-u/o .aited anxious/y at the Edsa shrine' a-ous as the ra//ying p/ace for the revo/t that overthre. erdinand E' 4arcos in 1*:%, Edsa .as again a /ocus of 5peop/e'6K 0efer to Land/er, 4ar1' J(n Phi/ippines, The Econo-y As 7asua/tyS The President 9usted, a 7redi!i/ity 0epair Jo!K The Ne =or0 Ti!es >"* e!ruary &""*? 0etrieved frohttp+@@...'nyti-es'co-@&""1@"&@"*@!usiness@phi/ippines$econo-y$casua/ty$president$ousted$credi!i/ity$repair$jo!'ht-/A page.antedBa//DsrcBp1# The President says' JPagod na pagod na a1o' Ayo1o na -asyado nang -asa1it' Pagod na a1o sa red tape, !ureaucracy, intriga' >( a- very tired' ( don6t .ant any -ore of this T it6s too painfu/' (6- tired of the red tape, the !ureaucracy, the intrigue'?( just .ant to c/ear -y na-e, then ( .i// go'KAgain, this is high grade evidence that the petitioner has resigned' The intent to resign is c/ear .hen he said JAyo1o na -asyado nang -asa1it'K JAyo1o naK are .ords of resignation' See Estrada vs' Desierto N<'0' =os' 1#%C1"$1G' 4arch &, &""1O and Estrada vs' Arroyo N<'0' =o' 1#%C,:' 4arch &, &""1O http+@@sc'judiciary'gov'ph@jurisprudence@&""1@-ar&""1@1#%C1"M1G'ht-

( had !een advising the President nonstop since the day !efore' The President pauses and te//s -e, J-ula u!pisa pa lan% n% 0a!panya/ Ed/ i0a na lan% pina0in%%an 0o' &t han%%an sa huli/ i0a pa rin >Since the start of the ca-paign, Ed, you have !een the on/y one (6ve /istened to' And no., at the end, you sti// are?'K

/e"-lla,s letter
Boying 0e-u//a pu//s out a /etter he has prepared for the President to sign' (t reads+ JBy virtue of the provisions of Section 11 of the 7onstitution of the 0epu!/ic of the Phi/ippines, ( ahere!y trans-itting to this 9ffice this .ritten dec/aration that ( a- una!/e to discharge the po.ers and duties of -y 9ffice' By operation of /a. and the 7onstitution, the 3ice President sha// !e Acting President of the President of the Phi/ippines'K Boying exp/ains that .ith this position, the President .i// sti// enjoy the !enefits of Presidentia/ i--unity and can resu-e his Presidency .hen he decides to do so' 0onnie Puno supports Boying' But ( oppose the signing of the /etter' (t .ou/d on/y pro/ong the crisis, ( say, since it .ou/d not so/ve the po/itica/ pro!/e-s that are ta1ing p/ace'

)Sign of 0a+ faith,
A discussion ensues, .ith Lito Banayo supporting -y stand' ( exp/ain that this /etter is not practica/ under the circu-stances since it .ou/d !e construed as a sha//o. atte-pt to hang on' This .ou/d !e particu/ar/y !ad since negotiations have centered on the President6s turnover of the ad-inistration to </oria, and this /etter .ou/d !e c/ear/y construed as a sign of !ad faith on our part' Senator Enri/e is si/ent throughout the discussion' ( step put, upset at .hat Boying is trying to do' ( fee/ that this is an i//$advised and !ad -ove, and ( hope that the President .i// not /isten to Boying' Lito Banayo fo//o.s -e, J ,indi !a%anda yun% sulat na iyon >This isn6t a good /etter?,K ( point out to hi-' 4ace/ stays on in the roo-' Later, she te//s -e, that she noticed that Boying approached the President and Senator Enri/e severa/ ti-es .hen ( .as a.ay, trying to convince the- a!out the /etter' She adds, ho.ever, that she thin1s that the President .i// not /isten to Boying'

*-g fro" Johnn1
% a!"!# Senator Enri/e says good!ye to the President, and hugs hi- tight/y' ( a- constant/y on the phone .ith <enera/ 0eyes, Titoy Pardo and 0ene de 3i//a' 0ene de 3i//a proposes t.o additiona/ points for negotiations$ that during the five$day transition period+ • The A P and P=P .ou/d function under the 3ice President as nationa/ -i/itary and Po/ice authorities' • The transition process .ou/d !egin i--ediate/y, and persons .ou/d !egin i--ediate/y, and persons designated !y the 3ice President to govern-ent positions .ou/d !e i--ediate/y !riefed !y their counterpart' ( .rite do.n the five points of negotiation' %:$0 a!"!# After having exp/ained the- to the President, it is no. ti-e for the irst Lady and for the President6s chi/dren .ho are present$ Jinggoy, J3 Ejercito, Jac1ie and Techie$ to hear a!out the points of negotiation' )e start preparing the draft for discussion at the % a'-' -eeting' ive points are ha--ered out !ased on repeated phone ca//s !et.een -yse/f, De 3i//a, <enera/ 0eyes, Titoy Pardo, .ho have !een re/aying to -e feed!ac1 fro- the 7ory A2uino and the 0a-os group'


osition,s +eal

3:$0 a!"# 0ene arrives .ith Bert 0o-u/o and >4s 4acapaga/6s spo1esperson? 0ene 7orona' or this round, ( a- acco-panied !y Dondon Bagatsing and 4ace/' 0ene pu//s out a docu-ent tit/ed J=egotiating Points'K (t reads+ J1' The President sha// sign a resignation docu-ent .ithin the day, &" January &""1, thjat .i// !e effective on )ednesday, &# January &""1, on .hich day the 3ice President .i// assu-e the Presidency of the 0epu!/ic of the Phi/ippines' J&' Beginning today, &" January &""1, the transition process for the assu-ption of the ne. ad-inistration sha// co--ence, and persons designated !y the 3arious President to various positions and offices of the govern-ent sha// start their orientation activities in coordination .ith the incu-!ent officia/s concerned' J,' The Ar-ed orces of the Phi/ippines and the Phi/ippine =ationa/ Po/ice, sha// function under the President as nationa/ -i/itary and po/ice authority effective i--ediate/y' J#' The Ar-ed orces of the Phi/ippines, through its chief of staff, sha// guarantee the security of the President and his fa-i/y as approved !y the nationa/ -i/itary and po/ice authority >3ice President?' JG' (t is to !e noted that the Senate .i// open the second enve/ope in connection .ith the a//eged savings account of the President in the E2uita!/e P7( Ban1 in accordance .ith the ru/es of the Senate, pursuant to the re2uest to the Senate President'K

2-r Deal
)e !ring out, too, our discussion draft .hich reads+ JThe undersigned parties, for and in !eha/f of their respective Principa/s, agree and underta1e as fo//o.s+ J1' A transition .i// occur, and ta1e p/ace on )ednesday, &# January &""1, at .hich ti-e President Joseph Ejercito Estrada .i// turn over the Presidency to 3ice President </oria 4acapaga/$Arroyo' J&' (n return, President Estrada and his fa-i/ies are guaranteed safety and security of their person and property throughout their natura/ /ifeti-es' Li1e.ise, President Estrada and his fa-i/ies are guaranteed freedo- fro- persecution or reta/iation fro- govern-ent and the private sector throughout their natura/ /ifeti-es' JThis co--it-ent sha// !e guaranteed !y the Ar-ed orces of the Phi/ippines >5A P6? through the 7hief of Staff, as approved !y the nationa/ -i/itary and po/ice authories$ 3ice President >4acapaga/? J,' Both parties sha// endeavour to ensure that the Senate sitting as an i-peach-ent court .i// authori8e the opening of the second enve/ope in the i-peach-ent tria/ as proof that the su!ject savings account does not !e/ong to President Estrada' J#' During the five$day transition period !et.een &" January &""1 and &# January &""1 >the JTransition PeriodK?, the inco-ing 7a!inet -e-!ers sha// receive an appropriate !riefing fro- the outgoing 7a!inet officia/s as part of the orientation progra-' JDuring the transition period, the A P and the Phi/ippine =ationa/ Po/ice >5P=P6? sha// function under 3ice President >4acapaga/? as nationa/ and po/ice authorities' JBoth parties hereto agree that the A P chief of staff and P=P director genera/ sha// o!tain a// the necessary signatures as affixed to this agree-ent and insure faithfu/ i-p/e-entation and o!servance thereof J3ice President </oria 4acapaga/$Arroyo sha// issue a pu!/ic state-ent in the for- of tenor provided for in 5Annex A6 heretofore attached to this agree-ent'K

4itho-t o-r 5nowle+ge
0ene 7orona stresses that the enve/ope can on/y !e operated !y the Senate President, and not the Senate sitting as an i-peach-ent court, Jsince there is no going !ac1 to the tria/'K The e-issaries a/so insist that the resignation shou/d !e signed today, Jan' &"' 7orona says that a separate resignation /etter is a dea/ !rea1er, the a!so/ute -ini-u-, or the .ho/e dea/ co//apses' 4ace/ -entions that the turnover shou/d !e sufficient since !y the acts of the President, one can see that there is an intention to re/in2uish his position' 0ene 7orona ans.ers+ JHou are a !ar topnotcher' Hou shou/d 1no. that a resignation has to !e an une2uivoca/ act and shou/d !e in a /etter'K The second round of negotiations ends at around *+," a'-' But .ithout our 1no./edge, the President has apparent/y signed the 0e-u//a /etter, .hich is trans-itted to spea1er >Arnu/fo? uente!e//a at :+," a'- today, Jan' &"' A copy is trans-itted to Pi-ente/ and received 4onday, Jan' &&' )e are not infor-ed of this unti/ Sunday afternoon, .hen ( received a faxed, signed and trans-itted copy of the /etter' (To be concluded tomorrow)

2<ast of three parts37> Editor’s note: This is the conclusion of “The Final Days of Joseph Ejercito Estrada/” a narrati#e fro! the diary of for!er E"ecuti#e $ecretary Ed%ardo &n%ara/ !ade e"clusi#ely a#aila(le to the IN)*I+E+' &n%ara says that his personal account of the e#ents fro! Jan' 78 and 9: is “as faithful to the truth as possi(le” and that “perhaps it is ti!e that e (e%in the healin% process ith the truth'” The IN)*I+E+ is pu(lishin% the narrati#e as an insider’s #ersion of hat happened durin% those t o re!ar0a(le days' T;(S1% is the /etter of resignation of Joseph Estrada, a /etter that Pa/ace negotiators .ere supposed to give to the Fnited 9pposition !ut never did+ J( here!y tender -y resignation as President of the 0epu!/ic of the Phi/ippines effective January &# &""1 in the na-e of nationa/ unity and in order to effect a peacefu/ transition of a-idst divisive po/itica/ unrest'1C J(n -y sincere desire to i-prove the /ives of our peop/e, ( have !een privi/eged to have served our country-en fro- the highest office in govern-ent' ( had discharged -y duties to the !est of -y a!i/ities and .ith fu// faith in our peop/e' And it had !een -y !adge of honor to !e a President of the !asa, the co--on -an$ for indeed, ( a- one of the-' JThough ( /eave the position as President of our !e/oved country, ( on/y hope that our peop/e sha// a/.ays see -e as the President of the !asa' And ( hope that history sha// judge -e 1ind/y'K 1:

Sat-r+a1, Jan! 20, 2001
9:$0 a!"!# After -eeting .ith the e-issaries of </oria 4acapaga/$Arroyo, ( return to the Presidentia/ 0esidence .ith Dondong Bagatsing and 4ace/ ernande8 of the Presidentia/ 4anage-ent Staff' (--ediate/y, in a series of phone ca//s, <en' Ange/o 0eyes and ( agree on the .ording of t.o stic1y issues+ the provisions on the President6s resignation and a re2uest to open the controversia/ second enve/ope in the i-peach-ent tria/' ( a/so c/ear the fina/ .ording .ith Senate President A2ui/ino 5=ene6 Pi-ente/' 9:%& a!"# > or-er? Secretaries Jun 0ivera >transportation?, 4ario Tiao2ui >energy?, 3< 3igi/ar >pu!/ic .or1s?, Tony 7eri//es >environ-ent?, Benny Lagues-a >/a!or? , Uuasi 0o-ua/de8 >hea/th? and 0onnie Puno >interior? arrive at the residence' The President6s friend 4e/o Santiago is a/so there' 11:00 a!"# Bet.een <enera/ 0eyes and -yse/f, there is a fir- agree-ent on the five points to effect a peacefu/ transition' ( can hear the genera/ c/earing a// these points .ith a group he is .ith' ( hear voices in the !ac1ground'

As pointed out in the succeeding footnote, the head/ine of this edition of the Inquirer .as JThe resignation that never .asK$ .hich is ironic, given that certain parts of the Angara Diary .as used to esta!/ish that Estrada had indeed resigned >See Estrada vs' Desierto N<'0' =os' 1#%C1"$ 1G' 4arch &, &""1O and Estrada vs' Arroyo N<'0' =o' 1#%C,:' 4arch &, &""1O http+@@sc'judiciary'gov'ph@jurisprudence@&""1@-ar&""1@1#%C1"M1G'ht-? 1% >Last of three parts? Philippine Daily Inquirer e! "G &""1' 0etrieved fro- http+@@ne.s'goog/e'co-@ne.spapersA nidB:,FE%yveg9#7DdatB&""1"&"%DprintsecBfrontpageDh/Ben ;ead/ine+ JErap6s fina/ hours$ The resignation that never .asK 1C Page ends here' =ote says JT;E 0ES(<=AT(9=@ A1&K 1: Estrada6s c/ai- to !e the 5President of the -asa6 is -ost exp/icit/y and c/ear/y stated in his inaugura/ address+ JThe /ight is fading, the day is a/-ost over, and yet this /ate afternoon is the -orning of a ne. day' The day of the i/ipino -asses' 9ne of their o.n is fina//y /eading the-V 9ne hundred years after, fifty years after independence, t.e/ve years after Edsa, and seven years after the rejection of foreign !ases, it is no. the turn of the -asses to experience /i!eration'K Inau%ural &ddress of President Estrada 2En%lish Translation3/ June ?:/ 788; ' 0etrieved fro- http+@@...'gov'ph@1**:@"%@,"@inaugura/$address$of$president$estrada$officia/$eng/ish$trans/ation$june$,"$1**:@

The agree-ent starts J1' The president sha// resign today, &" January &""1, .hich resignation sha// !e effective on &# January &""1, on .hich day the 3ice President .i// assu-e the presidency of the 0epu!/ic of the Phi/ippines'K Annexed is a copy of the President6s resignation /etter' The rest of the President reads as fo//o.s+ J&' The transition process for the assu-ption of the ne. ad-inistration sha// co--ence on &" January, &""1, .herein persons designated !y the 3ice President to various govern-ent positions sha// start orientation activities .ith incu-!ent officia/s' J,' The Ar-ed orces of the Phi/ippines through its 7hief of Staff, sha// guarantee the safety and security of the President and his fa-i/ies throughout their natura/ /ifeti-es as approved !y the nationa/ -i/itary and po/ice authority$ 3ice President J#' The A P and the Phi/ippine =ationa/ Po/ice >5P=P6? sha// function under the 3ice President as nationa/ -i/itary and po/ice authorities' JG' Both parties re2uest the i-peach-ent court to open the second enve/ope in the i-peach-ent tria/, the contents of .hich sha// !e offered as proof that the su!ject savings account does not !e/ong to the President' JThe 3ice President sha// issue a pu!/ic state-ent in the for- and tenor provided for in Annex 5B6 heretofore attached to this agree-ent'K

or-er po/itica/ adviser Lito Banayo had prepared the state-ent in Annex B+ J( ta1e this singu/ar opportunity to co--end ;is Exce//ency, President Joseph Ejercito Estrada, for his rare disp/ay of states-anship in effecting a peacefu/ transition of a-idst divisive po/itica/ conf/ict that has !eset our !e/oved country' JThroughout this crisis, President Estrada has sho.n steadfast adherence to the 7onstitution and its processes, .ith the highest consideration for the nationa/ interest' JAs he /eaves the highest office in the /and .ithin the gift of our sovereign peop/e, the i/ipino nation and ( sa/ute hi- and .ish that the true patriot .ho !rought peace to our country in this transition find peace for hi-se/f'K1* 11:00 a!"!# 0adio co--entators report that 7hief Supt' 0o-eo 4aganto has a//o.ed the anti$Erap de-onstrators to proceed to 4endio/a' This pro-pts the Presidentia/ Security <roup to ar- civi/ians in the Pa/ace' Sensing that this .i// /ead to !/oodshed, ( i--ediate/y ca// <en' 0eyes to order a stop to 4aganto6s supposed order'

Last act
11:0& a!"!# Loi, the irst Lady, and her daughter Jac1ie Lope8 visit the Pa/ace chape/' After praying for fifteen -inutes, they exit the Pa/ace' (t turns out to !e the /ast act of the Estrada fa-i/y at the Pa/ace' The PS< guards i--ediate/y /oc1 the doors of 4a/acaIang after they /eave'

</oria 4acapaga/ Arroyo exp/ains that the negotiations !ro1e do.n at this point+ JBut in the -orning ( .as a.a1ened !y one of -y /a.yers a!out the announce-ent of Supre-e 7ourt Justice Art Pangani!an' That 7hief Justice ;i/ario Davide said that if Erap does not resign !y noon, he .i// !e constrained to ad-inister -y oath''' And then at that -o-ent ( got a ca// fro0ene de 3i//a' ;e said ( .ant to /et you 1no. our ta/1s have !ro1en do.n' Because Ed Angara reversed everything he said /ast night' And they even .ant you to .rite a /etter praising Estrada' (n short, the ta/1s had !ro1en do.n''' So ( decided, (6// ta1e the Davide option' )hen ( put do.n the phone, ( turned to Tita 7ory, and said Pthe Lord just ans.ered -y prayers and he is agreeing .ith you' ( .i// ta1e -y oath today at noon ti-e'P >0efer to </oria 4acapaga/$Arroyo, J4y road to EDSA DosK, Printed in the 4arch 1# &""1edition of the Philippine $tar' 0etrieved frohttp+@@...'phi/star'co-@head/ines@*"",#@g-a$-y$road$edsa$dos?

11:$0 a!"!# ( a- a// set to fax <enera/ 0eyes and =ene Pi-ente/ our agree-ent, signed !y our side and a.aiting the signature of the Fnited 9pposition' And then it happens' <enera/ 0eyes ca//s -e to say that </oria 4acapaga/$Arroyo is President and .i// !e s.orn in at 1& noon' J@a0it hindi na!an 0ayo !a0ahintayA Paano na an% a%ree!entA >)hy cou/dn6t you .aitA 0eyes ans.ered+ JAala na, sir >(t6s over, sir?'K ( as1 hi-, J Di yun% transition period, -oot and acade-ic naAK And <enera/ 0eyes ans.ers, JBo n%a/ i$de/ete na natin, sir >Hes, .e6re de/eting that part?'K 7ontrary to su!se2uent reports, ( do not react and say that there .as a dou!/e cross' &" But ( i--ediate/y instruct 4ace/ to de/ete the first provision on resignation since this -atter is a/ready -oot and acade-ic' )ithin -o-ents, 4ace/ erases the first provision and faxes the docu-ents, .hich have !een signed !y -yse/f, Dondon and 4ace/, to =ene Pi-ente/ and <enera/ 0eyes' ( direct De-aree 0ava/ to rush the origina/ docu-ent to <enera/ 0eyes for the signatures of the other side, as it is i-portant that the provisions on security, at /east, shou/d !e respected' ( then advise the President that the Supre-e 7ourt has ru/e that 7hief Justice Davide .i// ad-inister the oath to </oria at 1& noon' The President is too stunned for .ords'

Final Meal21
12 noon# </oria ta1es her oath as President of the 0epu!/ic of the Phi/ippines' 12:20 !"!7The PS< distri!utes firear-s to so-e peop/e inside the co-pound' The President is having his fina/ -ea/ at the Presidentia/ 0esidence .ith the fe. friends and 7a!inet -e-!ers .ho have gathered'By this ti-e, de-onstrators have a/ready !ro1en do.n the first /ine of defense at 4endio/a' 9n/y the PS< is there to protect the Pa/ace, since the po/ice and -i/itary have a/ready .ithdra.n their support for the President' 1 !"! T The President6s persona/ staff is rushing to pac1 as -any of the Estrada fa-i/y6s persona/ possessions as they can' During /unch, 0onie Puno -entions that the President needs to re/ease a fina/ state-ent !efore /eaving 4a/acaIang'The state-ent reads+ JAt t.e/ve o6c/oc1 noon today, 3ice President </oria 4acapaga/$Arroyo too1 her oath as President of the 0epu!/ic of the Phi/ippines' )hi/e a/ong .ith -any other /ega/ -inds of our country, ( have strong and serious dou!ts a!out the /ega/ity and constitutiona/ity of her proc/a-ation as president, ( do not .ish to !e a factor that .i// prevent the restoration of unity and order in our civi/ society' J(t is for this reason that ( no. /eave 4a/acaIang Pa/ace, the seat of the presidency of this country, for the sa1e of peace and in order to !egin the hea/ing process of our nation' ( /eave the Pa/ace of our peop/e .ith gratitude for the opportunities given to -e for service to our peop/e' ( .i// not shri1 fro- any future cha//enges that -ay co-e ahead in the sa-e service of our country' J( ca// on a// -y supporters and fo//o.ers to join -e in the pro-otion of a constructive nationa/ spirit of reconci/iation and so/idarity'

(ndeed, it appears that there .as no dou!/e cross' As seen in <4A6s account, 7hief Justice ;i/ario Davide had decided on his o.n that he .ou/d ad-inister the 9ath' Fn/ess proven other.ise, .e can assu-e that 7hief Justice Davide -ade that decision .ithout inf/uence fro- either the Arroyo or Estrada ca-ps' This, ( thin1, .as the crucia/ point of EDSA &' 7ou/d it !e that 7hief Justice Davide, /i1e <enera/ 0eyes, -ade his decision !ecause it .as J'''the on/y constitutiona/ option /eft to avert a co/ossa/ disaster for the nation''' to !e true to -y -andate, true to the 7onstitutionAK See <enera/ Ange/o 0eyes, JThe 11 th ;our DecisionK Philippine Daily Inquirer 4arch &""1 0etrieved frohttp+@@...'supr'ai-'edu@EDSA@EDSAMthe11thour'ht&1

This part of the diary, unti/ the state-ent !y President Estrada, is archived in http+@@phi/ippinediaryproject'.ordpress'co-@category@diary$of$edgardo$j$angara@

J 4ay the A/-ighty !/ess our country and our !e/oved peop/e' 4ABF;AHRK&&

8he en+
As .e are seated at the /unch ta!/e, the President received a ca// fro- <enera/ 0eyes, .ho assures hi- that he can sti// stay at the Pa/ace for another five days' But /ater, .hen the President as1s -e, JEd/ 0ailan%an 0o na (an% u!alis >Do ( have to /eave no.?AK ( i--ediate/y te// hi-+ JHes, 4r' President, for your safety and your fa-i/y6s'K 1:$0 !"!# The sentry gate is /oc1ed' 1:&0 !"# <enera/ Dia8 of the PS< ca//s on a// detai/ed PS< personne/ to gather in front of the residence for the send$off of the President' The President says good!ye to the peop/e .ho have stayed .ith hi- unti/ the end at the presidentia/ residence, then turns around and /eaves the staircase' ( /eave around this ti-e, exhausted fro- the previous days6 events' 2:$0 !"!# The President /eaves 4a/acaIang and !oards a !arge for San Juan'


The part of the Angara Diary archived in the Phi/ippine Diary Project ends here'

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