35 Estrada v. Desierto, GRs 146710-15. 2 March 2001, En Banc, Puno [J
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CAPTION: G.R. No. 146710-15 March 2, 2001 JOSEPH E. ESTRADA vs. ANIANO DESIERTO & GLORIA MACAPAGAL-ARROYO PUNO, J. FACTS: In the May 1998 petitioner Joseph Ejercito Estrada was elected as President while respondent Gloria Arroyo as Vice-President. However, the petitioner was plagued with problems from accusations such as (a) receiving millions of pesos from jueteng lords; and (b) taking P70 million excise tax on cigarettes intended for Ilocos Sur. Thus, the House of Representatives decided to investigate the exposẻ, and a move to impeach the petitioner was done. In December, the impeachment trial started. A testimony from the senior vice president of Equitable-PCI Bank stated that saw the petitioner when the latter affixed the signature "Jose Velarde" on documents involving a P500 million investment agreement with the bank in February 2000. In January 16, 2001, a vote of 11-10 by the senator-judges ruled against the opening of the second envelope which allegedly contained evidence showing that petitioner held P3.3 billion in a secret bank account under the name "Jose Velarde." This had made the public and private prosecutors to walk out in protest, that lead to the collective tender of resignation of the public prosecutors. Senator Raul Roco quickly moved for the indefinite postponement of the impeachment proceedings until the issue of resignation of the public prosecutors is resolved. On January 18, the call for petitioner's resignation intensified where a 10-kilometer line of people formed human chain to symbolize the people's solidarity in demanding petitioner's resignation. In the morning of January 20, negotiations for the transfer of power started. At about 12:00 noon, Chief Justice Davide administered the oath to respondent Arroyo as President of the Philippines. At 2:30 p.m., petitioner and his family left Malacañang Palace. On the same day, the petitioner issued a press statement that he had strong and serious doubts about the legality and constitutionality of Arroyo’s proclamation as President, but he did not wish to be a factor that will prevent the restoration of unity and order of the civil society, thus he left Malacañang Palace for the sake of peace and in order to begin the healing process of the nation. It also appeared that on the same day, he signed a letter that says, “By virtue of the provisions of Section 11, Article VII of the Constitution, I am
35 Estrada v. Desierto, GRs 146710-15. 2 March 2001, En Banc, Puno [J
