Estrada vs Desierto (2001)

Gr 14710-15

Facts:

SC declared that the seat of presidency was vacant, saying that Estrada
constructively resigned his post. At noon, Arroyo took her oath of office in the
presence of the crowd at EDSA as the 14th President. Estrada and his family later
left Malacaang Palace. Erap, after his fall, filed petition for prohibition with
prayer for WPI. It sought to enjoin the respondent Ombudsman from conducting any
further proceedings in cases filed against him not until his term as president
ends. He also prayed for judgment confirming Estrada to be the lawful and
incumbent President of the Republic of the Philippines temporarily unable to
discharge the duties of his office.

Issue: Whether or not Estrada enjoys immunity from suit

Held:

The cases filed against Estrada are criminal in character. They involve plunder,
bribery and graft and corruption. By no stretch of the imagination can these
crimes, especially plunder which carries the death penalty, be covered by the
alleged mantle of immunity of a non-sitting president. He cannot cite any decision
of this Court licensing the President to commit criminal acts and wrapping him with
post-tenure immunity from liability. The rule is that unlawful acts of public
officials are not acts of the State and the officer who acts illegally is not
acting as such but stands in the same footing as any trespasser.