JOSEPH E.

ESTRADA vs ANIANO DESIERTO

G.R. No. 146710-15| 135 SCRA 317 AND 356 SCRA 108 | March 2, 2001|

FACTS

Petitioner, Joseph E. Estrada filed with the Court a petition for prohibition for a writ of preliminary
injunction on the cases which were set in motion by the Office of the Ombudsman on cases of bribery
and graft and corruption, plunder, perjury, serious misconduct, malversation of public funds and illegal
use of public funds. It sought to enjoin the respondent from conducting any further proceedings in any
other criminal complaint that may be filed in his office until after his term as President is over. He
submits that the respondent Ombudsman has developed bias and is set to file the criminal cases in
violation of his right to due process.

ISSUE

Whether Estrada may invoke immunity from suit

RULING

NO, when the 1987 Constitution was crafted, there was no intention of retaining the 1973 Constitution
provision on executive immunity. The petitioner, as a non-sitting President, cannot claim executive
immunity for his alleged criminal acts committed while a sitting President. The immunity of the
president from suit is concurrent only with his tenure and not his term. A non-sitting President, cannot
claim executive immunity for his alleged criminal acts committed while a sitting President.