7/25/2019 #41 Estrada v. Desierto - REYES
1/3
#41 ESTRADA V. DISIERTO - REYESTOPIC: TERMINATION OF OFFICIAL
RELATION;RESIGNATION
FACTS:
1. On May 11, 1998, petitioner Joseph Ejercito Estradaand
respondent Gloria Macapagal-Arroyo waselected as the president and
vice-president,respectively.
. On Octo!er ", """, then #locos $%r Governor, &%is'(havit)
$ingson, went on air and acc%sed Estrada,his *a+ily and *riends, o*
receiving +illions o* pesos*ro+ j%eteng lords.
. ario%s calls *or resignation lled the air. Also,several
depart+ent heads resigned *ro+ theirposition.
/. On 0ove+!er 1, the articles *or i+peach+entwere signed !y 11
representatives, +ore than 12o* all the +e+!ers o* 3o4.
. On 0ove+!er ", $enate *or+ally opened thei+peach+ent trial and
it started on 5ece+!er 6.
7. 5%ring the trial, (larissa Oca+po, senior vicepresident o*
E%ita!le-(# :an; testied. $he saidthat she was one *oot away *ro+
Estrada when hea, 0 and other +ajor serviceco++anders anno%nced
their withdrawal o*s%pport to the govern+ent.
1".On Jan%ary ", (hie* J%stice 5avide Ad+inisteredthe oath to
respondent arroyo as the resident o*the hilippines and Estrada and
his *a+ily le*tMalaca?ang alace. 3e iss%ed several state+entsand
signed a letter which stated that he is alreadyleaving the seat o*
presidency and stating that he is%na!le to e=ercise the powers and
d%ties o* hisoe!r%ary , @he petitioner led a petition
*orprohi!ition with a prayer *or a writ o* preli+inaryinj%nction.
#t so%ght to enjoin the respondento+!%ds+an *ro+ cond%cting any
*%rtherproceedings in cases led against hi+ or in anyother cri+inal
co+plaint that +ay !e led in hiso
7/25/2019 #41 Estrada v. Desierto - REYES
2/3
. O0 etitioner is only te+porarily %na!le to act aspresident.
0O.
RATIO:FIRST ISSUE: WON Petitioe! i" o e$%e o! &$"!e"i'e( $"
t&e )!e"i(et
1. 4esignation is a *act%al %estion and its ele+entsare the
*ollowingB
a. #ntent to resign!. #ntent +%st !e co%pled !y acts o*
relin%ish+ent.. @he validity o* a resignation is not governed !y
ay
*or+al re%ire+ent as to *or+. #t can !e oral,written, e=press or
i+plied. As long as theresignation is clear, it +%st !e given legal
eCect.
. *acts show that petitioner did not write any *or+alletter o*
resignation !e*ore he evac%atedMalaca?angD there*ore to deter+ine
whether or nothe resigned will !e !ased *ro+ his acts ando++issions
!e*ore, d%ring and a*ter Jan%ary ",""1 or !y the totality o* prior,
conte+poraneo%sand posterior *acts and circ%+stantial
evidence!earing a +aterial relevance on the iss%e.
a. @here was political isolation o* the petitionerd%e to the
resignation o* the +e+!ers o* thee=ec%tive, j%dicial, and
legislativedepart+entD
!. etitioner decided to call *or a snap electionwhere he is not
a candidate- indict%+ thatpetitioner had intended to give %p
thepresidency at that ti+e
c. $enators Angara and i+entel advisedpetitioner to consider the
option o* a'dignied e=it or resignation,) to whichpetitioner did
not disagree !%t said he wo%ldnever leave the co%ntry.
d. 5%ring the rst negotiation !etween thepetitioner and Arroyo,
the resignation o* the*or+er was not a disp%ted point.
e. @he second negotiation ce+ents the readingthat the petitioner
has resigned. 4esignation
o* the petitioner was treated as a given *act.*. 4esignation o*
petitioner was conr+ed
when he le*t Malaca?ang.g. ress release was petitioners
valedictory, his
act o* *arewell./. @he second letter cannot negate the
resignation o*
the petitioner.. @he aver+ent o* the petitioner that he co%ld
not
resign as the president as a +atter o* law, p%rs%antto sec. 1 o*
4A "19 sho%ld !e rejected.
a. A p%!lic o
