Estrada v Desierto

GR Nos. 146710-15, March 2, 2001 Ponente : Puno, J .

Facts :
1. In 1998, Joseph Estrada was elected President of the Philippines, while
Gloria Macapagal- Arroyo was elected Vice-President. The president was
accused with corruption, culminating in Ilocos Sur Governor ChavitSingsons
accusations that the president received millions of pesos from jueteng lords.
2. The Senate and the House of Representatives began early investigations
regarding the accusation, while key socio-political figures like Cardinal Sin,
former Presidents Aquino and Ramos, the vice president, senior advisers and
cabinet members called on the president to resign, and resigned from their
cabinet posts themselves.
3. The impeachment trial began on 7 December 2000, with 21 senator-judges
presided over by Chief Justice HilarioDavide. At a point when 11 senator-
judges ruled against opening a second envelope of evidence showing the
presidents P3.3 billion bank account under the name J ose Velarde, the
public prosecutors resigned and a mass demonstration at EDSA began.
4. CJ Davide granted Senator Raul Rocos motion to postpone the
impeachment trial until the House of Representatives resolved the lack of
public prosecutors.
5. With the defection of more officials and of the army and police from the
Estrada administration, the president attempted to appease public sentiment by
announcing a snap election and by allowing the second envelope to be opened.
The measures failed, and the calls for resignation strengthened.
6. On 20 J anuary 2001, the president negotiated with representatives of the
vice-president. News broke out that Chief J ustice HilarioDavide would
administer the oath of presidency to the vice president at EDSA Shrine.
Estrada issued two statements - one stating reservations on the constitutionality
of Arroyos presidency, and another stating that he is incapable of dispensing
his responsibilities as president, thus allowing Arroyo to be the acting
president.
7. The Arroyo administration was met with acceptance by the different
branches of government, by majority of the public, and by the international
community. The impeachment trial was closed, despite sentiments such as
those of Senator Defensor- Santiago that the impeachment court had failed to
resolve the case, leaving open questions regarding Estradas qualifications to
run for other elected posts.
8. The Office of the Ombudsman proceeded to file a series of cases regarding
the corruption of Estrada. Estrada filed a motion compelling the Ombudsman
to refrain from further proceedings until his term as president was over. He
also filed a petition to be confirmed as the lawful and incumbent president,
temporarily unable to fulfill his duties, thus making Arroyo an acting president
only.
9. The Supreme Court ruled a) to inform the parties that they did not declare
the Office of the President vacant on 20 J anuary 2001, b) to prohibit either
party from discussing in
public the merits of the case while in its pendency, c) to enjoin the
Ombudsman from resolving pending criminal cases against Estrada for 30
days.
Issues:
I. Whether the petitions present a justiciable controversy.
II. Assuming that the petitions present a justiciable controversy, whether
petitioner Estrada is a President on leave while respondent Arroyo is an Acting
President.
III. Whether conviction in the impeachment proceedings is a condition
precedent for the criminal prosecution of petitioner Estrada. In the negative
and on the assumption that petitioner is still president, whether he is immune
from criminal prosecution.
IV. Whether the prosecution of petitioner Estrada should be enjoined on the
ground of prejudicial publicity
Ruling:
I. The petitions present a justiciable controversy because the cases at bar pose
legal, and not political, questions. Hence, the cases are within the jurisdiction
of the Court to decide.
Definition of political questions: ...those questions
which, under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority
has been delegated to the legislative or executive branch of
government. --Former CJ Roberto Concepcion
Arroyos government is NOT revolutionary in character,
since her oath was taken under the 1987 Constitution.









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