Name: Dela Cruz, Mary Julieanne D.R.

Section: JD-1D
Constitutional Law 01 | Quiz –Bar Exam Question
Case: Estrada vs. Arroyo
Question:
James Patricio is currently President of the Philippines. His Vice President is Nadya Beliz.
During his term, it was alleged that James was embezzling executive funding to a private
offshore account in a small bank in Guatemala, thus making him liable for corruption and
malversation of public funds. This caused incredible uproar with the public, urging the President
to resign and face legal consequences for such a criminal act. This was causing the people to lose
faith in the government, which forced the hand of the President to make a public proclamation of
his intention to resign as President, and that his Vice President Nadya Beliz will step in as acting
President until the matter may be resolved justly and fairly. Despite all this, James sent letters to
the Senate President and House Speaker that his leave was only temporary and he will return to
his duties as President once all investigations against him were put to rest.
Three months pass and James is now facing charges of corruption and malversation, to which the
State files against him due to the evidence found upon investigation that the allegations of
embezzlement of public funding to a private account connected to the President were indeed
factual. However, James argues that he was still President. That his leave from office was only
temporary as evidenced by the letters he sent to the Senate President and the House Speaker.
Thus, making him immune from suit and criminal charges. Is James correct in claiming
Presidential Immunity? Why or Why not?
Answer:
NO. James cannot claim Presidential Immunity. According to Jurisprudence, James cannot claim
Presidential Immunity as James made a public pronouncement of his intention to resign from
office, which implied his resignation as President entirely. Thus, he cannot claim any immunity
as it was considered that James had already resigned from office. His letters to the Senate
President and House Speaker hold no bearing against his public pronouncement. By then,
Congress and the Court had already formally recognized Nadya as the President of the Republic
of the Philippines.