Estrada v Arroyo

Facts: Petitioner won in the May 1998 national elections as president, the respondent as Vice president. On October 4, 2000, Ilocos Sur Governor Chavit Singson accused the petitioner and his family of receiving millions of pesos from jueteng lords. Such expose ignited several reactions of rage. There became a built up of a call for petitioner to resign from office and his officials one by one resigned withdrawing their support. In November 20 Impeachment Trial of the petitioner was opened. On December 7 Impeachment Trial began. On January 19 people lined up in EDSA showing a greater call for the resignation of the president. January 20 was the day of petitioner's surrender. At 12:00 noon Chief Justice Hilario Davide administered oath to respondent Arroyo as President of the Philippines. At 2:30 pm petitioner left Malacanang and issued a press statement and a letter transmitting the executive power upon him, the president to the vice president becoming the acting president The Monday after the oath, Arroyo discharged powers of the President. The totality test to arrive at the conclusion that petitioner has resigned was used by the Court, including the reference to the diary of then Executive Secretary Angara. Such conclusion is being questioned by petitioner in his MR.

Issue: Whether or not the use of the Angara diary against Estrada violated the rule on res inter alios acta which provides that the rights of a party cannot be prejudiced by an act, declaration, or omission of another

Held: Petitioner errs in his contention. The res inter alios acta rule has several exceptions. One of them is provided in section 29 of Rule 130 with respect to admissions by a co-partner or agent. Executive Secretary Angara as such was an alter ego of the petitioner. He was the Little President. Indeed, he was authorized by the petitioner to act for him in the critical hours and days before he abandoned Malacaang. Thus, according to the Angara Diary, the petitioner told Secretary Angara: Mula umpisa pa lang ng kampanya, Ed, ikaw na lang pinakikinggan ko. At hanggang sa huli, ikaw pa rin. (Since the start of the campaign, Ed, you have been the only one Ive listened to. And now at the end, you still are.) This statement of full trust was made by the petitioner after Secretary Angara briefed him about the progress of the first negotiation. True to this trust, the petitioner had to ask Secretary Angara if he would already leave Malacaang after taking their final lunch on January 20, 2001 at about 1:00 p.m. The Angara Diary quotes the petitioner as saying to Secretary Angara: ed, kailangan ko na bang umalis? (Do I have to leave now?) Secretary Angara told him to go and he did. Petitioner cannot deny that Secretary Angara headed his team of negotiators that met with the team of the respondent Arroyo to discuss the peaceful and orderly transfer of power after his relinquishment of the powers of the presidency. The Diary shows that petitioner was always briefed by Secretary Angara on the progress of their negotiations. Secretary Angara acted for and in behalf of the petitioner in the crucial days before respondent Arroyo took her oath as President. Consequently, petitioner is bound by the acts and declarations of Secretary Angara. Under our rules of evidence, admissions of an agent (Secretary Angara) are binding on the principal (petitioner).