5.

Estrada vs Desierto
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 Malacañang 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.