Order of Succession of the office of the President and Vice President

G.R NO. 146738 ESTRADA VS. ARROYO

G.R. NO. 146710-15 ESTRADA VS. DESIERTO

March 2,2001

FACTS:

Estrada was inaugurated as President of the Rep.of the Philippines on June 30,1998 with Gloria Macapagal-Arroyo
as his Vice President

In October 2000, Ilocos Sur Governor Luis Chavit Singson, a close friend of the President, alleged that he had
personally given Estrada money as payoff from jueteng, hidden in a bank account known as “Jose Vellarde”.
Singson’s allegation also caused controversy across the nation, which culminated in the House of Representatives
filing of an impeachment case against Estrada on November 13, 2011.House Speaker Manny Villar fast-tracked the
impeachment complaint. The impeachment suit was brought to the Senate and an impeachment court was
formed, with Chief Justice Hilario Davide Jr. as presiding officer. Estrada pleaded not guilty.

The expose immediately ignited reactions of rage. On January 18,2011, a crowd continued to grow at EDSA
bolstered by students from private schools and left-wing organizations. Activist from the group Bayan and Akbayan
as well as lawyers of the integrated Bar of the Philippines and other Bar associations joined un the thousands of
protesters.

On January 19,2011 The PNP and the Armed Forces of the Philippines also withdrew their support for Estrada and
joined the crowd at EDSA Shrine.

At 2:00 PM, Estrada appeared on television for the first time since the beginning of the protests and maintains that
he will not resign. He said that he wanted the impeachment trial to continue, stressing that only a guilty verdict
will remove him from office.

At 6:00 PM of the same day Estrada again appeared on television, calling for a snap election to be held
concurrently with congressional and local elections on May 14,2011 and he added that he will not run in this
Election.

On January 20, the Supreme Court declared that the seat of the presidency was vacant, saying that Estrada
“constructively resigned on his post”. Noon of the same day Gloria Arroyo took her oath of office in the presence
of the crowd at EDSA, becoming the 14th President of the Philippines.

At 2:00 PM, Estrada released a letter saying he had “strong and serious doubts about the legality and
constitutionality of Arroyo’s proclamation as President”, but saying he would give up his office to avoid being an
obstacle to peace and order and healing of the nation. Thereafter Estrada and his family left the Malacanang
Palace.

A heap of cases then succeeded Estrada’s leaving the palace, which he countered by filing a petition for prohibition
with a prayer for a writ of preliminary injunction. 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
judgement “conforming him as the lawful and incumbent President of the Republic of the Philippines temporarily
unable to discharge the duties of his office, and declaring respondent Arroyo to have taken her oath and to be
holding the Office of the President, only in an acting capacity pursuant to the provisions of the Constitution.

ISSUE:

1.) whether Estrada resigned as a President without a written resignation.

 2.) Whether Arroyo is only an acting President.

HELD:

1.) Yes. The elements of valid resignation:

a.) Intent to resign
b.) Acts of relinquishment

Both were present when President Estrada left the Palace.

Totality of prior contemporaneous posterior facts and circumstantial evidence- bearing material relevant issues –
President Estrada is deemed to have resigned – constructive resignation.

SC declared that the resignation of president Estrada could not be doubted as confirmed by his leaving
Malacanang Place. In the press release containing his final statement:

1.) He acknowledges the oath-taking of the respondent President Arroyo.

2.) He emphasizes he was leaving the palace for the sake of peace in order to begin the healing of the process
(he did not say that he was leaving due to any kind of disability and that he was going to reassume the
Presidency as soon the disability disappears.)
3.) He expressed his gratitude to the people for the opportunity to serve them as President (without doubt
referring to the past opportunity).
4.) He assured he will not shirk from any future challenge that may come in the same service of the country.
5.) He called to his supporters to join him in promotion of a constructive national spirit of reconciliation and
solidarity.

Intent to resign must be accompanied by act of relinquishment-act or omission before or during and after
January 20,2011.

2.) No. The Congress passed House Resolution No. 176 expressly stating its support to Gloria Macapagal
Arroyo as president of the Rep.of the Phillippines. And subsequently passed H.R No. 178 declaring the
nomination of Teofisto Guinggona Jr. as Vice President. Senate HR No. 83 declaring Impeachment Courts
as Functious officio and has been terminated. It is clear that both houses of Congress recognized Arroyo
as the President, implicitly clear in that recognition is the premise that the inability of Estrada is no longer
temporary as the Congress has clearly rejected his claim of inability.

The court therefore cannot exercise its Judicial power for this is a political in nature and addressed solely to
Congress by constitutional fiat. Even if Estrada can prove that he is a President on leave on the ground that he
is merely unable to govern temporarily. That claim has been laid to rest by the congress and the decision that
Arroyo is the de jure President made by a co-equal branch.
REPORTED BY:

SAMBU VINA

LAW 1B