JOSEPH E. ESTRADA vs.

ANIANO DESIERTO, in his capacity as Ombudsman, RAMON GONZALES, VOLUNTEERS AGAINST CRIME AND CORRUPTION, GRAFT FREE PHILIPPINES FOUNDATION, INC., LEONARD DE VERA, DENNIS FUNA, ROMEO CAPULONG and ERNESTO B. FRANCISCO, JR. FACTS: Estrada was inaugurated as president of the Republic of the Philippines on June 30, 1998 with Gloria Macapagal-Arroyo as his Vice President. On January 20, 2001, the Supreme Court declared that the seat of presidency was vacant, saying that Estrada constructively resigned his post. Noon of the same day, Gloria Macapagal-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 her proclamation as president, but saying he would give up his office to avoid being an obstacle to healing the nation. Estrada and his family later left Malacaang Palace. A heap of cases then succeeded Estradas leaving the palace, which he countered by filing a peition 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 judgment confirming petitioner to be the lawful and incumbent President of the Republic of the Philippines temporarily unable to discharge the duties of his office, and declaring respondent to have taken her oath as and to be holding the Office of the President, only in an acting capacity pursuant to the provisions of the Constitution. ISSUE: Whether or not the petitioner resigned as President of the Philippines. (NOTE: Sec. 8. In case of death, permanent disability, removal from office or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice President shall have been elected and qualified.) RULING: Yes. Circumstances which showed signs of intent to resign (adoptive admission): 1. Proposal of snap election where he would not be a candidate. 2. Pimentel's advice of dignified exit or resignation which petitioner did not rebutt in whole and after which he only uttered that he would never leave the country. 3. Secretary Angara's (One of the President's "alter-ego") cooperation in the negotiation for peaceful transfer of power. 4. The Petitioner's reaction to the negotiation (particularly on the first one):

I explain what happened during the first round of negotiations. The President immediately stresses that he just wants the five-day period promised by Reyes, as well as to open the second envelope to clear his name. If the envelope is opened, on Monday, he says, he will leave by Monday. The President says. "Pagod na pagod na ako. Ayoko na masyado nang masakit. Pagod na ako sa red tape, bureaucracy, intriga. (I am very tired. I don't want any more of this it's too painful. I'm tired of the red tape, the bureaucracy, the intrigue.) I just want to clear my name, then I will go." Again, this is high grade evidence that the petitioner has resigned. The intent to resign is clear when he said "x x x Ayoko na masyado nang masakit." "Ayoko na" are words of resignation. 5. Lastly, the Petitioner's final statement before leaving Malacaang. The statement reads: At twelve o'clock noon today, Vice President Gloria MacapagalArroyo took her oath as President of the Republic of the Philippines. While along with many other legal minds of our country, I have strong and serious doubts about the legality and constitutionality of her proclamation as President, I do not wish to be a factor that will prevent the restoration of unity and order in our civil society. It is for this reason that I now leave Malacaang Palace, the seat of the presidency of this country, for the sake of peace and in order to begin the healing process of our nation. I leave the Palace of our people with gratitude for the opportunities given to me for service to our people. I will not shirk from any future challenges that may come ahead in the same service of our country. I call on all my supporters and followers to join me in the promotion of a constructive national spirit of reconciliation and solidarity. May the Almighty bless our country and our beloved people. MABUHAY!"' It is clear that it was curtain time for the petitioner.