24. Estrada vs. Arroyo, G.R. No. 146738

8/20/2019 24. Estrada vs. Arroyo, G.R. No. 146738

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4. Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001 (Political Question)

Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

.R. No. 146710-15 March 2, 2001

OSEPH E. ESTRADA, petitioner,s.NANO DESERTO, !" h!# ca$ac!%& a# O'()*#'a", RAMON GON+AES, OUNTEERS AGANST CRME ANDORRUPTON, GRAT REE PHPPNES OUNDATON, NC., EONARD DE ERA, DENNS UNA, ROMEOAPUONG a"* ERNESTO /. RANCSCO, JR., respondent.

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.R. No. 1467 March 2, 2001

OSEPH E. ESTRADA, petitioner,s.ORA MACAPAGA-ARROO, respondent.

UNO, J.:

n the line in the cases at bar is the office of the President. Petitioner Joseph Eercito Estrada alle!es that he is the Presn leave "hile respondent #loria Macapa!al-Arro$o clai%s she is the President. &he "arrin! personalities are i%portantnou!h but %ore transcendental are the constitutional issues e%bedded on the parties' dispute. (hile the si!nificant issure %an$, the u!ular issue involves the relationship bet"een the ruler and the ruled in a de%ocrac$, Philippine st$le.

rst, "e ta*e a vie" of the panora%a of events that precipitated the crisis in the office of the President.

the Ma$ , elections, petitioner Joseph Eercito Estrada "as elected President "hile respondent #loria Macaparro$o "as elected /ice-President. 0o%e ten 123 %illion )ilipinos voted for the petitioner believin! he "ould rescue the%o% life's adversit$. Both petitioner and the respondent "ere to serve a si4-$ear ter% co%%encin! on June 52, .

ro% the be!innin! of his ter%, ho"ever, petitioner "as pla!ued b$ a plethora of proble%s that slo"l$ but surel$ eroded opularit$. 6is sharp descent fro% po"er started on October 7, 8222. +locos 0ur #overnor, 9uis :Chavit: 0in!son, a lon!tend of the petitioner, "ent on air and accused the petitioner, his fa%il$ and friends of receivin! %illions of pesoso% jueteng lords.

he e4pos; i%%ediatel$ i!nited reactions of ra!e. &he ne4t da$, October


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a%os also oined the chorus. Earl$ on, or on October 8, respondent Arro$o resi!ned as 0ecretar$ of the >epart%ent oocial (elfare and 0ervices and later as*ed for petitioner's resi!nation.= 6o"ever, petitioner strenuousl$ held on to his ond refused to resi!n.

he heat "as on. On Nove%ber , four 173 senior econo%ic advisers, %e%bers of the Council of 0enior Econo%ic Adviseesi!ned. &he$ "ere Jai%e Au!usto obel de A$ala, for%er Pri%e Minister Cesar /irata, for%er 0enator /icente Paterno

(ashin!ton 0$cip. On Nove%ber 8, 0ecretar$ Mar Ro4as ++ also resi!ned fro% the >epart%ent of &rade and +ndustr$. Oove%ber 5, 0enate President )ran*lin >rilon, and 6ouse 0pea*er Manuel /illar, to!ether "ith so%e 7= representativesefected fro% the rulin! coalition, 9apian n! Masan! Pilipino.2

he %onth of Nove%ber ended "ith a bi! ban!. +n a tu%ultuous session on Nove%ber 5, 6ouse 0pea*er /illar trans%ite Articles of +%peach%ent si!ned b$ < representatives, or %ore than 5 of all the %e%bers of the 6ouse ofepresentatives to the 0enate. &his caused political convulsions in both houses of Con!ress. 0enator >rilon "as replaceenator Pi%entel as 0enate President. 0pea*er /illar "as unseated b$ Representative )uentebella.8 On Nove%ber 82, enate for%all$ opened the i%peach%ent trial of the petitioner. &"ent$-one 183 senators too* their oath as ud!es "ithupre%e Court Chief Justice 6ilario #. >avide, Jr., presidin!.5

he political te%perature rose despite the cold >ece%ber. On >ece%ber =, the i%peach%ent trial started.7 &he battle ro$as fou!ht b$ so%e of the %ar?uee na%es in the le!al profession. 0tandin! as prosecutors "ere then 6ouse Minorit$ )leader )eliciano Bel%onte and Representatives Jo*er Arro$o, (i!berto &aDada, 0er!io Apostol, Raul #on@ales, Oscaroreno, 0alacnib Baterina, Roan 9ibarios, Oscar Rodri!ue@, Clavel Martine@ and Antonio Nachura. &he$ "ere assisted b

atter$ of private prosecutors led b$ no" 0ecretar$ of Justice 6ernando Pere@ and no" 0olicitor #eneral 0i%eon Marcelervin! as defense counsel "ere for%er Chief Justice Andres Narvasa, for%er 0olicitor #eneral and 0ecretar$ of Justice

stelito P. Mendo@a, for%er Cit$ )iscal of Manila Jose )la%iniano, for%er >eput$ 0pea*er of the 6ouse Raul >a@a, Att$.e!fried )ortun and his brother, Att$. Ra$%und )ortun. &he da$ to da$ trial "as covered b$ live &/ and durin! its course

no$ed the hi!hest vie"in! ratin!. +ts hi!h and lo" points "ere the constant conversational piece of the chatterin! classehe dra%atic point of the >ece%ber hearin!s "as the testi%on$ of Clarissa Oca%po, senior vice president of E?uitable-Pan*. 0he testified that she "as one foot a"a$ fro% petitioner Estrada "hen he affi4ed the si!nature :Jose /elarde: onocu%ents involvin! a P0A 0h

s$%boli@e the people's solidarit$ in de%andin! petitioner's resi!nation. 0tudents and teachers "al*ed out of their classMetro Manila to sho" their concordance. 0pea*ers in the continuin! rallies at the E>0A 0hrine, all %asters of the ph$s

f persuasion, attracted %ore and %ore people.8

n Januar$ , the fall fro% po"er of the petitioner appeared inevitable. At 82 p.%., the petitioner infor%ed E4ecutiveecretar$ Ed!ardo An!ara that #eneral An!elo Re$es, Chief of 0taff of the Ar%ed )orces of the Philippines, had defecte52 p.%., petitioner a!reed to the holdin! of a snap election for President "here he "ould not be a candidate. +t did notffuse the !ro"in! crisis. At 522 p.%., 0ecretar$ of National >efense Orlando Mercado and #eneral Re$es, to!ether "ite chiefs of all the ar%ed services "ent to the E>0A 0hrine.88 +n the presence of for%er Presidents A?uino and Ra%os a

undreds of thousands of cheerin! de%onstrators, #eneral Re$es declared that :on behalf of Four Ar%ed )orces, the52,222 stron! %e%bers of the Ar%ed )orces, "e "ish to announce that "e are "ithdra"in! our support to thisovern%ent.:85 A little later, PNP Chief, >irector #eneral Panfilo 9acson and the %aor service co%%anders !ave a si%ila

unnin! announce%ent.87

0o%e Cabinet secretaries, undersecretaries, assistant secretaries, and bureau chiefs ?uic*l$


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esi!ned fro% their posts.8avide "ould ad%inister the oath to respondent Arro$o at hi!h noon at the E>0A 0hrine.

t about 822 noon, Chief Justice >avide ad%inistered the oath to respondent Arro$o as President of the Philippines.8 A52 p.%., petitioner and his fa%il$ hurriedl$ left MalacaDan! Palace.8 6e issued the follo"in! press state%ent52

:82 Januar$ 822

0&A&EMEN& )ROM

PRE0+>EN& JO0EP6 EJERC+&O E0&RA>A

At t"elve o'cloc* noon toda$, /ice President #loria Macapa!al-Arro$o too* her oath as President of the Republicthe Philippines. (hile alon! "ith %an$ other le!al %inds of our countr$, + have stron! and serious doubts about thle!alit$ and constitutionalit$ of her procla%ation as President, + do not "ish to be a factor that "ill prevent therestoration of unit$ and order in our civil societ$.

+t is for this reason that + no" leave MalacaDan! Palace, the seat of the presidenc$ of this countr$, for the sa*e ofpeace and in order to be!in the healin! process of our nation. + leave the Palace of our people "ith !ratitude for topportunities !iven to %e for service to our people. + "ill not shir* fro% an$ future challen!es that %a$ co%e aheathe sa%e service of our countr$.

+ call on all %$ supporters and follo"ers to oin %e in to pro%otion of a constructive national spirit of reconciliationsolidarit$.

Ma$ the Al%i!ht$ bless our countr$ and beloved people.

MABG6AFH

10!d.3 JO0EP6 EJERC+&O E0&RA>A:

also appears that on the sa%e da$, Januar$ 82, 822, he si!ned the follo"in! letter5

:0ir

B$ virtue of the provisions of 0ection , Article /++ of the Constitution, + a% hereb$ trans%ittin! this declaration tha% unable to e4ercise the po"ers and duties of %$ office. B$ operation of la" and the Constitution, the /ice-President shall be the Actin! President.

10!d.3 JO0EP6 EJERC+&O E0&RA>A:

cop$ of the letter "as sent to for%er 0pea*er )uentebella at 52 a.%. on Januar$ 82.85 Another cop$ "as trans%itted tenate President Pi%entel on the sa%e da$ althou!h it "as received onl$ at 22 p.%.55

n Januar$ 88, the Monda$ after ta*in! her oath, respondent Arro$o i%%ediatel$ dischar!ed the po"ers the duties of theresidenc$. On the sa%e da$, this Court issued the follo"in! Resolution in Ad%inistrative Matter No. 2--2


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Justice and confir%ed b$ a letter to the Court, dated Januar$ 82, 822, "hich re?uest "as treated as anad%inistrative %atter, the court Resolve unani%ousl$ to confir% the authorit$ !iven b$ the t"elve 183 %e%bers oCourt then present to the Chief Justice on Januar$ 82, 822 to ad%inister the oath of office of /ice President #loMacapa!al-Arro$o as President of the Philippines, at noon of Januar$ 82, 822.

&his resolution is "ithout preudice to the disposition of an$ usticiable case that %a$ be filed b$ a proper part$.:

espondent Arro$o appointed %e%bers of her Cabinet as "ell as a%bassadors and special envo$s.57Reco!nition ofespondent Arro$o's !overn%ent b$ forei!n !overn%ents s"iftl$ follo"ed. On Januar$ 85, in a reception or vin d' honneuralacaDan!, led b$ the >ean of the >iplo%atic Corps, Papal Nuncio Antonio )ranco, %ore than a hundred forei!n diplo%

eco!ni@ed the !overn%ent of respondent Arro$o.5efensor-0antia!o stated :for the record: that she voted a!ainst the closure of the i%peach

ourt on the !rounds that the 0enate had failed to decide on the i%peach%ent case and that the resolution left open theuestion of "hether Estrada "as still ?ualified to run for another elective post.7

ean"hile, in a surve$ conducted b$ Pulse Asia, President Arro$o's public acceptance ratin! ac*ed up fro% on Jan2, 822 to 5 on Januar$ 8, 822.7 +n another surve$ conducted b$ the AB0-CBN0(0 fro% )ebruar$ 8-=, 822, resho"ed that of the )ilipinos nation"ide accepted President Arro$o as replace%ent of petitioner Estrada. &he surve$evealed that President Arro$o is accepted b$ 2 in Metro Manila, b$ also 2 in the balance of 9u@on, b$ = in thesa$as, and


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hus, the sta!e for the cases at bar "as set. On )ebruar$


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3h%hr or "o% %h ca##

A% (ar !"o a $o!%!ca )#%!o"

rivate respondents0A People Po"er + E>0A People Po"er ++ is clear. EDSA involves the e4ercisee $o$ $o:r o9 ro)%!o" "hich or%hr: %h :ho ;or"'"%. EDSA is an e4ercise of $o$ $o:r o9

*o' o9 #$ch a"* 9r*o' o9 a##'(& %o $%!%!o" %h ;or"'"% 9or r*r## o9 ;r!a"c# "hich o"&


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99c%* %h o99!c o9 %h Pr#!*"%. EDSA !# enial of these ri!hts "as one of the reasons of revolution a!ainst 0pain. Our national hero, Jose P. Ri@al, raised the clarion call for the reco!nition of freedo% of thress of the )ilipinos and included it as a%on! :the refor%s sine quibus non.:


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:0ec. . +n case of death, per%anent disabilit$, re%oval fro% office or resi!nation of the President, the /ice Presidshall beco%e the President to serve the une4pired ter%. +n case of death, per%anent disabilit$, re%oval fro% officresi!nation of both the President and /ice President, the President of the 0enate or, in case of his inabilit$, the0pea*er of the 6ouse of Representatives, shall then act as President until the President or /ice President shall hbeen elected and ?ualified.

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he issue then is "hether the petitioner resi!ned as President or should be considered resi!ned as of Januar$ 82, 822hen respondent too* her oath as the 7th President of the Public. Resi!nation is not a hi!h level le!al abstraction. +t is actual ?uestion and its '"%# are be$ond ?uibble %hr ')#% ( a" !"%"% %o r#!;" a"* %h !"%"% ')#% ( co)$& ac%# o9 r!")!#h'"%.= &he validit$ of a resi!nation is not !overn%ent b$ an$ for%al re?uire%ent as to for%. +t can ral. +t can be "ritten. +t can be e4press. +t can be i%plied. As lon! as the resi!nation is clear, it %ust be !iven le!al effect

the cases at bar, the facts sho" that petitioner did not "rite an$ for%al letter of resi!nation before he evacuatedalacaDan! Palace in the afternoon of Januar$ 82, 822 after the oath-ta*in! of respondent Arro$o. Conse?uentl$, "heth

r not petitioner resi!ned has to be deter%ined fro% his act and o%issions before, durin! and after Januar$ 82, 822 or be %o%a!%& o9 $r!or, co"%'$ora"o)# a"* $o#%r!or 9ac%# a"* c!rc)'#%a"%!a !*"c (ar!"; a 'a%r!a ra"" %h !##).

sin! this totalit$ test, : ho* %ha% $%!%!o"r r#!;"* a# Pr#!*"%.

o appreciate the public pressure that led to the resi!nation of the petitioner, it is i%portant to follo" the succession of eve

fter the e4pos; of #overnor 0in!son. &he 0enate Blue Ribbon Co%%ittee investi!ated. &he %ore detailed revelations oetitioner's alle!ed %is!overnance in the Blue Ribbon investi!ation spi*ed the hate a!ainst hi%. &he Articles of +%peach%ed in the 6ouse of Representatives "hich initiall$ "as !iven a near cipher chance of succeedin! sno"balled. +n e4presspeed, it !ained the si!natures of < representatives or %ore than 5 of the 6ouse of Representatives. 0oon, petitionero"erful political allies be!an desertin! hi%. Respondent Arro$o ?uit as 0ecretar$ of 0ocial (elfare. 0enate President >nd for%er 0pea*er /illar defected "ith 7= representatives in to". &hen, his respected senior econo%ic advisers resi!ne!ether "ith his 0ecretar$ of &rade and +ndustr$.

s the political isolation of the petitioner "orsened, the people's call for his resi!nation intensified. &he call reached a ne"rescendo "hen the eleven 13 %e%bers of the i%peach%ent tribunal refused to open the second envelope. +t sent theeople to paro4$s%s of outra!e. Before the ni!ht of Januar$ "as over, the E>0A 0hrine "as s"ar%in! "ith people crr redress of their !rievance. &heir nu%ber !re" e4ponentiall$. Rallies and de%onstration ?uic*l$ spread to the countr$s

*e a brush fire.

s events approached Januar$ 82, "e can have an authoritative "indo" on the #%a% o9 '!"* of the petitioner. &he "indprovided in the :)inal >a$s of Joseph Eercito Estrada,: the diar$ of E4ecutive 0ecretar$ An!ara seriali@ed ine Ph!!$$!" Da!& ")!rr .= &he An!ara >iar$ reveals that in the %ornin! of Januar$ , petitioner's lo$al advisers "eorried about the s"ellin! of the cro"d at E>0A, hence, the$ decided to create an ad hoc co%%ittee to handle it. &heir "ould "orsen. At 82 p.%., petitioner pulled 0ecretar$ An!ara into his s%all office at the presidential residence and4clai%ed :Ed, ser$oso na ito. u%alas na si An!elo 1Re$es3 1Ed, this is serious. An!elo has defected.3:2 An hour later 52 p.%., the petitioner decided to call for a snap presidential election a"* #%r##* h :o)* "o% ( a ca"*!*a%. Thro$o#a 9or a #"a$ c%!o" 9or $r#!*"% !" Ma& :hr h :o)* "o% ( a ca"*!*a% !# a" !"*!c!)' %ha% $%!%!o"a* !"%"** %o ;! )$ %h $r#!*"c& " a% %ha% %!' . At 522 p.%., #eneral Re$es oined the sea of E>0Ae%onstrators de%andin! the resi!nation of the petitioner and dra%aticall$ announced the A)P's "ithdra"al of support fe petitioner and their pled!e of support to respondent Arro$o. &he seis%ic shift of support left petitioner "ea* as a

resident. Accordin! to 0ecretar$ An!ara, he as*ed 0enator Pi%entel to advise petitioner to consider the option of @*!;"!

"eetener b$ sa$in! that petitioner "ould be allo"ed to !o abroad "ith enou!h funds to support hi% and his%il$.5 S!;"!9!ca"%&, %h $%!%!o"r


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as no defiance to the re?uest. 0ecretar$ An!ara readil$ a!reed. A!ain, "e note that at this sta!e, %h $ro(' :a# ar(o)% a $ac9) a"* or*r& %ra"#9r o9 $o:r. Th r#!;"a%!o" o9 %h $%!%!o"r :a# !'$!*.

he 9!r#% ";o%!a%!o" for a peaceful and orderl$ transfer of po"er i%%ediatel$ started at 882 a.%. of Januar$ 82, thatteful 0aturda$. &he ";o%!a%!o" :a# !'!%* to three 153 points 13 the transition period of five da$s after the petitioner

esi!nationK 183 the !uarantee of the safet$ of the petitioner and his fa%il$, and 153 the a!ree%ent to open the secondnvelope to vindicate the na%e of the petitioner.= A;a!", : "o% %ha% %h r#!;"a%!o" o9 $%!%!o"r :a# "o% a *!#$)%o!"%. Th $%!%!o"r ca""o% 9!;" !;"ora"c o9 %h!# 9ac%. Accordin! to 0ecretar$ An!ara, at 852 a.%., he briefed theetitioner on the three points and the follo"in! entr$ in the A";ara D!ar& #ho:# %h rac%!o" o9 %h $%!%!o"r, viz

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+ e4plain "hat happened durin! the first round of ne!otiations. &he Pr#!*"% i%%ediatel$ stresses that h =)#%:a"%# the five-da$ period pro%ised b$ Re$es, as "ell as to open the second envelope to clear his na%e.

9 %h "o$ !# o$"*, o" Mo"*a&, h #a, h :! a (& Mo"*a&.

&he President sa$s. @Pa;o* "a $a;o* "a a8o. A&o8o "a 'a#&a*o "a"; 'a#a8!%. Pa;o* "a a8o #a r* %a$,()ra)crac&, !"%r!;a. a' r& %!r*. *o"% :a"% a"& 'or o9 %h!# !%# %oo $a!"9). ' %!r* o9 %h r* %a$%h ()ra)crac&, %h !"%r!;).F

=)#% :a"% %o car '& "a', %h" :! ;o.@

;a!", %h!# !# h!;h ;ra* !*"c %ha% %h $%!%!o"r ha# r#!;"*. &he intent to resi!n is clear "hen he said :4 4A&o8o "a %as$ado nan! %asa*it.: :A&o8o "a: are :or*# o9 r#!;"a%!o".

he #co"* ro)"* o9 ";o%!a%!o" resu%ed at =52 a.%. Accordin! to the An!ara >iar$, the follo"in! happened

:Opposition's deal

=52 a.%. Rene arrives "ith Bert Ro%ulo and 1Ms. Macapa!al's spo*esperson3 Rene Corona. )or this round, + acco%panied b$ >ondon Ba!atsin! and Macel.

Rene pulls out a docu%ent titled :Ne!otiatin! Points.: +t reads

'. &he President shall si!n a resi!nation docu%ent "ithin the da$, 82 Januar$ 822, that "ill be effective on(ednesda$, 87 Januar$ 822, on "hich da$ the /ice President "ill assu%e the Presidenc$ of the Republic of thePhilippines.

8. Be!innin! to da$, 82 Januar$ 822, the transition process for the assu%ption of the ne" ad%inistration shallco%%ence, and persons desi!nated b$ the /ice President to various positions and offices of the !overn%ent shastart their orientation activities in coordination "ith the incu%bent officials concerned.

5. &he Ar%ed )orces of the Philippines and the Philippine National Police shall function under the /ice President national %ilitar$ and police authorit$ effective i%%ediatel$.

7. &he Ar%ed )orced of the Philippines, throu!h its Chief of 0taff, shall !uarantee the securit$ of the President anfa%il$ as approved b$ the national %ilitar$ and police authorit$ 1/ice President3.


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'. A transition "ill occur and ta*e place on (ednesda$, 87 Januar$ 822, at "hich ti%e President Joseph EercitoEstrada "ill turn over the presidenc$ to /ice President #loria Macapa!al-Arro$o.

'8. +n return, President Estrada and his fa%ilies are !uaranteed securit$ and safet$ of their person and propert$throu!hout their natural lifeti%es. 9i*e"ise, President Estrada and his fa%ilies are !uarantee freedo% fro%persecution or retaliation fro% !overn%ent and the private sector throu!hout their natural lifeti%es.

&his co%%it%ent shall be !uaranteed b$ the Ar%ed )orces of the Philippines 1A)P3 throu!h the Chief of 0taff, asapproved b$ the national %ilitar$ and police authorities /ice President 1Macapa!al3.

'5. Both parties shall endeavor to ensure that the 0enate sittin! as an i%peach%ent court "ill authori@e the openithe second envelope in the i%peach%ent trial as proof that the subect savin!s account does not belon! to PresidEstrada.

'7. >urin! the five-da$ transition period bet"een 82 Januar$ 822 and 87 Januar$ 822 1the '&ransition Period:3, inco%in! Cabinet %e%bers shall receive an appropriate briefin! fro% the out!oin! Cabinet officials as part of theorientation pro!ra%.

>urin! the &ransition Period, the A)P and the Philippine National Police 1PNP3 shall function /ice President1Macapa!al3 as national %ilitar$ and police authorities.

Both parties hereto a!ree that the A)P chief of staff and PNP director !eneral shall obtain all the necessar$si!natures as affi4ed to this a!ree%ent and insure faithful i%ple%entation and observance thereof.

/ice President #loria Macapa!al-Arro$o shall issue a public state%ent in the for% and tenor provided for in :Anneheretofore attached to this a!ree%ent.:

he second round of ne!otiation ce%ents the readin! that the petitioner has resi!ned. +t "ill be noted that durin! this secound of ne!otiation, the resi!nation of the petitioner "as a!ain treated as a !iven fact. &he onl$ unsettled points at that tere the %easures to be underta*en b$ the parties durin! and after the transition period.

ccordin! to 0ecretar$ An!ara, the draft a!ree%ent, "hich "as pre%ised on the resi!nation of the petitioner "as furtherefined. +t "as then, si!ned b$ their side and he "as read$ to fa4 it to #eneral Re$es and 0enator Pi%entel to a"ait the!nature of the Gnited Opposition. 6o"ever, the si!nin! b$ the part$ of the respondent Arro$o "as aborted b$ her oath-*in!. &he An!ara diar$ narrates the fateful events, viz K2

:444

22 a.%. Bet"een #eneral Re$es and %$self, there is a fir% a!ree%ent on the five points to effect a peacefultransition. + can hear the !eneral clearin! all these points "ith a !roup he is "ith. + hear voices in the bac*!round.

A!ree%ent.

&he a!ree%ent starts . &he President shall resi!n toda$, 82 Januar$ 822, "hich resi!nation shall be effective o87 Januar$ 822, on "hich da$ the /ice President "ill assu%e the presidenc$ of the Republic of the Philippines.

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&he rest of the a!ree%ent follo"s

8. &he transition process for the assu%ption of the ne" ad%inistration shall co%%ence on 82 Januar$ 822, "hepersons desi!nated b$ the /ice President to various !overn%ent positions shall start orientation activities "ithincu%bent officials.

'5. &he Ar%ed )orces of the Philippines throu!h its Chief of 0taff, shall !uarantee the safet$ and securit$ of thePresident and his fa%ilies throu!hout their natural lifeti%es as approved b$ the national %ilitar$ and police author/ice President.

'7. &he A)P and the Philippine National Police 1PNP3 shall function under the /ice President as national %ilitar$ apolice authorities.


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'


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+t is for this reason that + no" leave MalacaDan! Palace, the seat of the presidenc$ of this countr$, for the sa*e ofpeace and in order to be!in the healin! process of our nation. + leave the Palace of our people "ith !ratitude for topportunities !iven to %e for service to our people. + "ill not shir* fro% an$ future challen!es that %a$ co%e aheathe sa%e service of our countr$.

+ call on all %$ supporters and follo"ers to oin %e in the pro%otion of a constructive national spirit of reconciliatioand solidarit$.

Ma$ the Al%i!ht$ bless our countr$ and our beloved people.

MABG6AFH:'

"as curtain ti%e for the petitioner.

su%, "e hold that the resi!nation of the petitioner cannot be doubted. +t "as confir%ed b$ his leavin! MalacaDan!. +n tress release containin! his final state%ent, 13 he ac*no"led!ed the oath-ta*in! of the respondent as President of theepublic albeit "ith reservation about its le!alit$K 183 he e%phasi@ed he "as leavin! the Palace, the seat of the presidencr the sa*e of peace and in order to be!in the healin! process of our nation. 6e did not sa$ he "as leavin! the Palace d

n$ *ind inabilit$ and that he "as !oin! to re-assu%e the presidenc$ as soon as the disabilit$ disappears 153 he e4presss !ratitude to the people for the opportunit$ to serve the%. (ithout doubt, he "as referrin! to the past opportunit$ !ivenserve the people as President 173 he assured that he "ill not shir* fro% an$ future challen!e that %a$ co%e ahead in t

a%e service of our countr$. Petitioner's reference is to a future challen!e after occup$in! the office of the president "hicas !iven upK and 1


13/38

eserved to propose durin! the period of a%end%ents the inclusion of a provision to the effect that no public official "ho nder prosecution for an$ act of !raft or corruption, or is under ad%inistrative investi!ation, shall be allo"ed to voluntaril$esi!n or retire.:8 >urin! the period of a%end%ents, the follo"in! provision "as inserted as section


14/38

trans%its to the% a "ritten declaration to the contrar$, such po"ers and duties shall be dischar!ed b$ the /ice-President as Actin! President.

(henever a %aorit$ of all the Me%bers of the Cabinet trans%it to the President of the 0enate and to the 0pea*ethe 6ouse of Representatives their "ritten declaration that the President is unable to dischar!e the po"ers and dof his office, the /ice-President shall i%%ediatel$ assu%e the po"ers and duties of the office as Actin! President

&hereafter, "hen the President trans%its to the President of the 0enate and to the 0pea*er of the 6ouse ofRepresentatives his "ritten declaration that no inabilit$ e4ists, he shall reassu%e the po"ers and duties of his offMean"hile, should a %aorit$ of all the Me%bers of the Cabinet trans%it "ithin five da$s to the President of the0enate and to the 0pea*er of the 6ouse of Representatives their "ritten declaration that the President is unable tdischar!e the po"ers and duties of his office, the Con!ress shall decide the issue. )or that purpose, the Con!resshall convene, if it is not in session, "ithin fort$-ei!ht hours, in accordance "ith its rules and "ithout need of call.

+f the Con!ress, "ithin ten da$s after receipt of the last "ritten declaration, or, if not in session, "ithin t"elve da$safter it is re?uired to asse%ble, deter%ines b$ a t"o-thirds vote of both 6ouses, votin! separatel$, that the Presidis unable to dischar!e the po"ers and duties of his office, the /ice-President shall act as PresidentK other"ise, thPresident shall continue e4ercisin! the po"ers and duties of his office.:

hat is the la". No", the operative facts

. Petitioner, on Januar$ 82, 822, sent the above letter clai%in! inabilit$ to the 0enate President and 0peaof the 6ouseK

8. Gna"are of the letter, respondent Arro$o too* her oath of office as President on Januar$ 82, 822 at abou852 p.%.K

3. >espite receipt of the letter, the 6ouse of Representatives passed on Januar$ 87, 822 6ouse Resolution=EN& #9OR+A MACAPA#A9-ARROFO A0 PRE0+>EN& O) &6E REPGB9+C O)&6E P6+9+PP+NE0, EQ&EN>+N# +&0 CON#RA&G9A&+ON0 AN> EQPRE00+N# +&0 0GPPOR& )OR 6ER

A>M+N+0&RA&+ON A0 A PAR&NER +N &6E A&&A+NMEN& O) &6E NA&+ON'0 #OA90 GN>ER &6E

CON0&+&G&+ON

(6EREA0, as a conse?uence of the people's loss of confidence on the abilit$ of for%er President Joseph EercitEstrada to effectivel$ !overn, the Ar%ed )orces of the Philippines, the Philippine National Police and %aorit$ of hcabinet had "ithdra"n support fro% hi%K

(6EREA0, upon authorit$ of an en banc resolution of the 0upre%e Court, /ice President #loria Macapa!al-Arro"as s"orn in as President of the Philippines on 82 Januar$ 822 before Chief Justice 6ilario #. >avide, Jr.K

(6EREA0, i%%ediatel$ thereafter, %e%bers of the international co%%unit$ had e4tended their reco!nition to 6eE4cellenc$, #loria Macapa!al-Arro$o as President of the Republic of the PhilippinesK

(6EREA0, 6er E4cellenc$, President #loria Macapa!al-Arro$o has espoused a polic$ of national healin! andreconciliation "ith ustice for the purpose of national unit$ and develop%entK

(6EREA0, it is a4io%atic that the obli!ations of the !overn%ent cannot be achieved if it is divided, thus b$ reasothe constitutional dut$ of the 6ouse of Representatives as an institution and that of the individual %e%bers thereofealt$ to the supre%e "ill of the people, the 6ouse of Representatives %ust ensure to the people a stable, continu!overn%ent and therefore %ust re%ove all obstacles to the attain%ent thereofK

(6EREA0, it is a conco%itant dut$ of the 6ouse of Representatives to e4ert all efforts to unif$ the nation, toeli%inate fractious tension, to heal social and political "ounds, and to be an instru%ent of national reconciliation asolidarit$ as it is a direct representative of the various se!%ents of the "hole nationK


15/38

(6EREA0, "ithout surrendin! its independence, it is vital for the attain%ent of all the fore!oin!, for the 6ouse ofRepresentatives to e4tend its support and collaboration to the ad%inistration of 6er E4cellenc$, President #loriaMacapa!al-Arro$o, and to be a constructive partner in nation-buildin!, the national interest de%andin! no less Ntherefore, be it

*eso#ved by the +ouse of *epresentatives, &o e4press its support to the assu%ption into office b$ /ice President#loria Macapa!al-Arro$o as President of the Republic of the Philippines, to e4tend its con!ratulations and to e4pits support for her ad%inistration as a partner in the attain%ent of the Nation's !oals under the Constitution.

Adopted,

10!d.3 )E9+C+ANO BE9MON&E JR.0pea*er

&his Resolution "as adopted b$ the 6ouse of Representatives on Januar$ 87, 822.

10!d.3 ROBER&O P. NAARENO0ecretar$ #eneral:

n )ebruar$ =, 822, the 6ouse of the Representatives passed Ho)# R#o)%!o" No. 17 "hich states

:RE0O9G&+ON CON)+RM+N# PRE0+>EN& #9OR+A MACAPA#A9-ARROFO'0 NOM+NA&+ON O) 0ENA&OR

&EO)+0&O &. #G+N#ONA, JR. A0 /+CE PRE0+>EN& O) &6E REPGB9+C O) &6E P6+9+PP+NE0

(6EREA0, there is a vacanc$ in the Office of the /ice President due to the assu%ption to the Presidenc$ of /icePresident #loria Macapa!al-Arro$oK

(6EREA0, pursuant to 0ection , Article /++ of the Constitution, the President in the event of such vacanc$ shallno%inate a /ice President fro% a%on! the %e%bers of the 0enate and the 6ouse of Representatives "ho shallassu%e office upon confir%ation b$ a %aorit$ vote of all %e%bers of both 6ouses votin! separatel$K

(6EREA0, 6er E4cellenc$, President #loria Macapa!al-Arro$o has no%inated 0enate Minorit$ 9eader &eofisto #uin!ona Jr., to the position of /ice President of the Republic of the PhilippinesK

(6EREA0, 0enator &eofisto &. #uin!ona Jr., is a public servant endo"ed "ith inte!rit$, co%petence and coura!"ho has served the )ilipino people "ith dedicated responsibilit$ and patriotis%K

(6EREA0, 0enator &eofisto &. #uin!ona, Jr. possesses sterlin! ?ualities of true states%anship, havin! served t!overn%ent in various capacities, a%on! others, as >ele!ate to the Constitutional Convention, Chair%an of theCo%%ission on Audit, E4ecutive 0ecretar$, 0ecretar$ of Justice, 0enator of the Philippines ?ualities "hich %erino%ination to the position of /ice President of the Republic No", therefore, be it

*eso#ved as it is hereby reso#ved by the +ouse of *epresentatives& &hat the 6ouse of Representatives confir%s no%ination of 0enator &eofisto &. #uin!ona, Jr. as the /ice President of the Republic of the Philippines.

Adopted,

10!d.3 )E9+C+ANO BE9MON&E JR.0pea*er

&his Resolution "as adopted b$ the 6ouse of Representatives on )ebruar$ =, 822.

10!d.3 ROBER&O P. NAARENO0ecretar$ #eneral:

173 Also, despite receipt of petitioner's letter clai%in! inabilit$, so%e t"elve 183 %e%bers of the 0enate si!ned thfollo"in!

:RE0O9G&+ON


16/38

(6EREA0, the recent transition in !overn%ent offers the nation an opportunit$ for %eanin!ful chan!e and challe

(6EREA0, to attain desired chan!es and overco%e a"eso%e challen!es the nation needs unit$ of purpose andresolve cohesive resolute 1sic3 "illK

(6EREA0, the 0enate of the Philippines has been the foru% for vital le!islative %easures in unit$ despite diversin perspectivesK

(6ERE)ORE, "e reco!ni@e and e4press support to the ne" !overn%ent of President #loria Macapa!al-Arro$o resolve to dischar!e and overco%e the nation's challen!es.:

On )ebruar$ =, the S"a% also passed S"a% R#o)%!o" No. 222 "hich states

:RE0O9G&+ON CON)+RM+N# PRE0+>EN& #9OR+A MACAPA#A9 ARROFO'0 NOM+NA&+ON O) 0EM. &EO)+0&. #G+N#ONA, JR. A0 /+CE PRE0+>EN& O) &6E REPGB9+C O) &6E P6+9+PP+NE0

(6EREA0, there is vacanc$ in the Office of the /ice President due to the assu%ption to the Presidenc$ of /icePresident #loria Macapa!al-Arro$oK

(6EREA0, pursuant to 0ection Article /++ of the Constitution, the President in the event of such vacanc$ shallno%inate a /ice President fro% a%on! the %e%bers of the 0enate and the 6ouse of Representatives "ho shallassu%e office upon confir%ation b$ a %aorit$ vote of all %e%bers of both 6ouses votin! separatel$K

(6EREA0, 6er E4cellenc$, President #loria Macapa!al-Arro$o has no%inated 0enate Minorit$ 9eader &eofisto #uin!ona, Jr. to the position of /ice President of the Republic of the PhilippinesK

(6EREA0, 0en. &eofisto &. #uin!ona, Jr. is a public servant endo"ed "ith inte!rit$, co%petence and coura!eK "has served the )ilipino people "ith dedicated responsibilit$ and patriotis%K

(6EREA0, 0en. &eofisto &. #uin!ona, Jr. possesses sterlin! ?ualities of true state%anship, havin! served the!overn%ent in various capacities, a%on! others, as >ele!ate to the Constitutional Convention, Chair%an of theCo%%ission on Audit, E4ecutive 0ecretar$, 0ecretar$ of Justice, 0enator of the land - "hich ?ualities %erit hisno%ination to the position of /ice President of the Republic No", therefore, be it

*eso#ved& as it is hereby reso#ved& &hat the 0enate confir% the no%ination of 0en. &eofisto &. #uin!ona, Jr. as /President of the Republic of the Philippines.

Adopted,

10!d.3 ALG+9+NO L. P+MEN&E9 JR.President of the 0enate

&his Resolution "as adopted b$ the 0enate on )ebruar$ =, 822.

10!d.3 9GAR>O B. BARBO0ecretar$ of the 0enate:

On the sa%e date, )ebruar$ =, the S"a% li*e"ise passed S"a% R#o)%!o" No. 2 "hich states

:RE0O9G&+ON RECO#N++N# &6A& &6E +MPEAC6MEN& COGR& +0 ,-/0- (,,)/)(

*eso#ved& as it is hereby reso#ved. &hat the 0enate reco!ni@e that the +%peach%ent Court is functus officioand hbeen ter%inated.

*eso#ved& further& &hat the Journals of the +%peach%ent Court on Monda$, Januar$


17/38

*eso#ved& further& &hat the records of the +%peach%ent Court includin! the :second envelope: be transferred to t Archives of the 0enate for proper safe*eepin! and preservation in accordance "ith the Rules of the 0enate.>isposition and retrieval thereof shall be %ade onl$ upon "ritten approval of the 0enate president.

*eso#ved& fina##y . &hat all parties concerned be furnished copies of this Resolution.

Adopted,

10!d.3 ALG+9+NO L. P+MEN&E9President of the 0e

&his Resolution "as adopted b$ the 0enate on )ebruar$ =, 822.

10!d.3 9GAR>O B. BA0ecretar$ of the 0e


18/38

espectivel$, for da%a!es for alle!edl$ conspirin! to deport hi% to China. +n !rantin! a "rit of prohibition, this Court, spearu Mr. Justice Johnson, held

: &he principle of nonliabilit$, as herein enunciated, does not %ean that the udiciar$ has no authorit$ to touch theof the #overnor-#eneralK that he %a$, under cover of his office, do "hat he "ill, uni%peded and unrestrained. 0uconstruction "ould %ean that t$rann$, under the !uise of the e4ecution of the la", could "al* defiantl$ abroad,destro$in! ri!hts of person and of propert$, "holl$ free fro% interference of courts or le!islatures. &his does not%ean, either that a person inured b$ the e4ecutive authorit$ b$ an act unustifiable under the la" has n re%ed$, b%ust sub%it in silence. On the contrar$, it %eans, si%pl$, that the !overnors-!eneral, li*e the ud!es if the courts the %e%bers of the 9e!islature, %a$ not be personall$ %ulcted in civil da%a!es for the conse?uences of an acte4ecuted in the perfor%ance of his official duties. &he udiciar$ has full po"er to, and "ill, "hen the %ater is prope

presented to it and the occasion ustl$ "arrants it, declare an act of the #overnor-#eneral ille!al and void and plaas nearl$ as possible in status ?uo an$ person "ho has been deprived his libert$ or his propert$ b$ such act. &hisre%ed$ is assured to ever$ person, ho"ever hu%ble or of "hatever countr$, "hen his personal or propert$ ri!htshave been invaded, even b$ the hi!hest authorit$ of the state. &he thin! "hich the udiciar$ can not do is %ulct th#overnor-#eneral personall$ in da%a!es "hich result fro% the perfor%ance of his official dut$, an$ %ore than it c%e%ber of the Philippine Co%%ission of the Philippine Asse%bl$. Public polic$ forbids it.

Neither does this principle of nonliabilit$ %ean that the chief e4ecutive %a$ not be personall$ sued at all in relatioacts "hich he clai%s to perfor% as such official. On the contrar$, it clearl$ appears fro% the discussion heretoforehad, particularl$ that portion "hich touched the liabilit$ of ud!es and dre" an analo!$ bet"een such liabilit$ and of the #overnor-#eneral, that the latter is liable "hen he acts in a case so plainl$ outside of his po"er and authorthat he can not be said to have e4ercised discretion in deter%inin! "hether or not he had the ri!ht to act. (hat is

here is that he "ill be protected fro% personal liabilit$ for da%a!es not onl$ "hen he acts "ithin his authorit$, but "hen he is "ithout authorit$, provided he actuall$ used discretion and ud!e%ent, that is, the udicial facult$, indeter%inin! "hether he had authorit$ to act or not. +n other "ords, in deter%inin! the ?uestion of his authorit$. +f hdecide "ron!l$, he is still protected provided the ?uestion of his authorit$ "as one over "hich t"o %en, reasonab?ualified for that position, %i!ht honestl$ differK but he s not protected if the lac* of authorit$ to act is so plain that such %en could not honestl$ differ over its deter%ination. +n such case, be acts, not as #overnor-#eneral but as private individual, and as such %ust ans"er for the conse?uences of his act.:

r. Justice Johnson underscored the conse?uences if the Chief E4ecutive "as not !ranted i%%unit$ fro% suit, viz :444. Apon i%portant %atters of state dela$edK the ti%e and substance of the chief e4ecutive spent in "ran!lin! liti!ationKsrespect en!endered for the person of one of the hi!hest officials of the state and for the office he occupiesK a tendenc$nrest and disorder resultin! in a "a$, in distrust as to the inte!rit$ of !overn%ent itself.:2<

ur 5< Constitution too* effect but it did not contain an$ specific provision on e4ecutive i%%unit$. &hen ca%e the tu%ue %artial la" $ears under the late President )erdinand E. Marcos and the =5 Constitution "as born. +n , it "as

%ended and one of the a%end%ents involved e4ecutive i%%unit$. 0ection =, Article /++ stated

:&he President shall be i%%une fro% suit durin! his tenure. &hereafter, no suit "hatsoever shall lie for official actsdone b$ hi% or b$ others pursuant to his specific orders durin! his tenure.

&he i%%unities herein provided shall appl$ to the incu%bent President referred to in Article Q/++ of this Constitutio

his second /icente #. 0inco professional Chair lecture entitled, :Presidential +%%unit$ and All &he in!'s Men &he 9arivile!e As a >efense &o Actions )or >a%a!es,:2 petitioner's learned counsel, for%er >ean of the GP Colle!e of 9a", Aacificao A!abin, bri!htened the %odifications effected b$ this constitutional a%end%ent on the e4istin! la" on e4ecutive

rivile!e. &o ?uote his dis?uisition

:+n the Philippines, thou!h, "e sou!ht to do the A%ericans one better b$ enlar!in! and fortif$in! the absolutei%%unit$ concept. )irst, "e e4tended it to shield the President not onl$ for% civil clai%s but also fro% cri%inal casand other clai%s. 0econd, "e enlar!ed its scope so that it "ould cover even acts of the President outside the scoof official duties. And third, "e broadened its covera!e so as to include not onl$ the President but also other persobe the$ !overn%ent officials or private individuals, "ho acted upon orders of the President. +t can be said that at tpoint %ost of us "ere sufferin! fro% A+>0 1or absolute i%%unit$ defense s$ndro%e3.:

he Opposition in the then Batasan Pa%bansa sou!ht the repeal of this Marcosian concept of e4ecutive i%%unit$ in the onstitution. &he %ove "as led b$ the% Me%ber of Parlia%ent, no" 0ecretar$ of )inance, Alberto Ro%ulo, "ho ar!ued e after incu%benc$ i%%unit$ !ranted to President Marcos violated the principle that a public office is a public trust. 6e

enounced the i%%unit$ as a return to the anachronis% :the *in! can do no "ron!.:2= &he effort failed.


19/38

he =5 Constitution ceased to e4ist "hen President Marcos "as ousted fro% office b$ the People Po"er revolution in. (hen the = Constitution "as crafted, its fra%ers did not reenact the e4ecutive i%%unit$ provision of the =5onstitution. &he follo"in! e4planation "as !iven b$ dele!ate J. Bernas vis2

:Mr. 0uare@. &han* $ou.

&he last ?uestion is "ith reference to the Co%%ittee's o%ittin! in the draft proposal the i%%unit$ provision for thePresident. + a!ree "ith Co%%issioner Nolledo that the Co%%ittee did ver$ "ell in stri*in! out second sentence, aver$ least, of the ori!inal provision on i%%unit$ fro% suit under the =5 Constitution. But "ould the Co%%ittee%e%bers not a!ree to a restoration of at least the first sentence that the President shall be i%%une fro% suit durihis tenure, considerin! that if "e do not provide hi% that *ind of an i%%unit$, he %i!ht be spendin! all his ti%e faliti!ation's, as the President-in-e4ile in 6a"aii is no" facin! liti!ation's al%ost dail$

)r. Bernas. &he reason for the o%ission is that "e consider it understood in present urisprudence that durin! histenure he is i%%une fro% suit.

Mr. 0uare@. 0o there is no need to e4press it here.

)r. Bernas. &here is no need. +t "as that "a$ before. &he onl$ innovation %ade b$ the =5 Constitution "as to %that e4plicit and to add other thin!s.

Mr. 0uare@. On that understandin!, + "ill not press for an$ %ore ?uer$, Mada% President.

+ thin* the Co%%issioner for the clarifications.:

(e shall no" rule on the contentions of petitioner in the li!ht of this histor$. (e reect his ar!u%ent that he cannot berosecuted for the reason that he %ust first be convicted in the i%peach%ent proceedin!s. &he i%peach%ent trial ofetitioner Estrada "as aborted b$ the "al*out of the prosecutors and b$ the events that led to his loss of the presidenc$.deed, on )ebruar$ =, 822, the 0enate passed 0enate Resolution No. 5 :Reco!ni@in! that the +%peach%ent Court isunctus Officio.:2 0ince, the +%peach%ent Court is no" functus officio, it is untenable for petitioner to de%and that he shrst be i%peached and then convicted before he can be prosecuted. &he plea if !ranted, "ould put a perpetual bar a!ains prosecution. 0uch a sub%ission has nothin! to co%%end itself for it "ill place hi% in a better situation than a non-sittiresident "ho has not been subected to i%peach%ent proceedin!s and $et can be the obect of a cri%inal prosecution. &e sure, the debates in the Constitutional Co%%ission %a*e it clear that "hen i%peach%ent proceedin!s have beco%e %ue to the resi!nation of the President, the proper cri%inal and civil cases %a$ alread$ be filed a!ainst hi%, vi@2

:444

Mr. A?uino. On another point, if an i%peach%ent proceedin! has been filed a!ainst the President, for e4a%ple, athe President resi!ns before ud!e%ent of conviction has been rendered b$ the i%peach%ent court or b$ the bodho" does it affect the i%peach%ent proceedin! (ill it be necessaril$ dropped

Mr. Ro%ulo. +f "e decide the purpose of i%peach%ent to re%ove one fro% office, then his resi!nation "ould rendthe case %oot and acade%ic. 6o"ever, as the provision sa$s, the cri%inal and civil aspects of it %a$ continue in ordinar$ courts.:

his is in accord "ith our rulin! +n Re 0aturnino Ber%ude@ that 'incu%bent Presidents are i%%une fro% suit or fro% be

rou!ht to court durin! the period of their incu%benc$ and tenure: but not be$ond. Considerin! the peculiar circu%stancee i%peach%ent process a!ainst the petitioner has been aborted and thereafter he lost the presidenc$, petitioner Estrad

annot de%and as a condition sine ?ua non to his cri%inal prosecution before the O%buds%an that he be convicted in th%peach%ent proceedin!s. 6is reliance on the case of 9ecaro@ vs. 0andi!anba$an8 and related cases5 are inapropos f

e$ have a different factual %ilieu.

(e no" co%e to the scope of i%%unit$ that can be clai%ed b$ petitioner as a non-sittin! President. &he cases filed a!ainetitioner Estrada are cri%inal in character. &he$ involve plunder, briber$ and !raft and corruption. B$ no stretch of the

%a!ination can these cri%es, especiall$ plunder "hich carries the death penalt$, be covered b$ the alle!ed %antle of%%unit$ of a non-sittin! president. Petitioner cannot cite an$ decision of this Court licensin! the President to co%%it cri%cts and "rappin! hi% "ith post-tenure i%%unit$ fro% liabilit$. +t "ill be ano%alous to hold that i%%unit$ is an inoculationo% liabilit$ for unla"ful acts and conditions. &he rule is that unla"ful acts of public officials are not acts of the 0tate and

fficer "ho acts ille!all$ is not actin! as such but stands in the sa%e footin! as an$ trespasser.7


20/38

deed, critical readin! of current literature on e4ecutive i%%unit$ "ill reveal a udicial disinclination to e4pand the privile!speciall$ "hen it i%pedes the search for truth or i%pairs the vindication of a ri!ht. +n the =7 case of G0 v. Ni4on,


21/38

bench fro% pre-trial and other off-court publicit$ of sensational cri%inal cases. &he state of the art of ourco%%unication s$ste% brin!s ne"s as the$ happen strai!ht to our brea*fast tables and ri!ht to our bedroo%s. &hne"s for% part of our ever$da$ %enu of the facts and fictions of life. )or another, our idea of a fair and i%partial uis not that of a her%it "ho is out of touch "ith the "orld. (e have not installed the ur$ s$ste% "hose %e%bers aoverl$ protected fro% publicit$ lest the$ lose there i%partiall$. 444 444 444. Our ud!es are learned in the la" andtrained to disre!ard off-court evidence and on-ca%era perfor%ances of parties to liti!ation. &heir %ere e4posure tpublications and publicit$ stunts does not per se fatall$ infect their i%partialit$.

At best, appellant can onl$ conure possibilit$ of preudice on the part of the trial ud!e due to the barra!e of publithat characteri@ed the investi!ation and trial of the case. +n Martelino, et al. v. Aleandro, et al., "e reected thisstandard of possibilit$ of preudice and adopted the test of actual preudice as "e ruled that to "arrant a findin! o

preudicial publicit$, there %ust be alle!ation and proof that the ud!es have been undul$ influenced, not si%pl$ ththe$ %i!ht be, b$ the barra!e of publicit$. +n the case at a bar, the records do not sho" that the trial ud!e developactual bias a!ainst appellants as a conse?uence of the e4tensive %edia covera!e of the pre-trial and trial of his c&he totalit$ of circu%stances of the case does not prove that the trial ud!e ac?uired a fi4ed opinion as a result ofpreudicial publicit$, "hich is incapable of chan!e even b$ evidence presented durin! the trial. Appellant has theburden to prove this actual bias and he has not dischar!ed the burden.'

(e e4pounded further on this doctrine in the subse?uent case of (ebb vs. 6on. Raul de 9eon, etc.52 and its co%panionases, vi@

:A!ain petitioners raise the effect of preudicial publicit$ on their ri!ht to due process "hile under!oin! preli%inar$investi!ation. (e find no procedural i%pedi%ent to its earl$ invocation considerin! the substantial ris* to their libe

"hile under!oin! a preli%inar$ investi!ation.

444

&he de%ocratic settin!s, %edia covera!e of trials of sensational cases cannot be avoided and oftenti%es, itse4cessiveness has been a!!ravated b$ *inetic develop%ents in the teleco%%unications industr$. )or sure, fe" ccan %atch the hi!h volu%e and hi!h velocit$ of publicit$ that attended the preli%inar$ investi!ation of the case at Our dail$ diet of facts and fiction about the case continues unabated even toda$. Co%%entators still bo%bard thepublic "ith vie"s not too %an$ of "hich are sober and subli%e. +ndeed, even the principal actors in the case theNB+, the respondents, their la"$ers and their s$%pathi@ers have participated in this %edia blit@. &he possibilit$ of%edia abuses and their threat to a fair trial not"ithstandin!, cri%inal trials cannot be co%pletel$ closed to the presand public. +n the se%inal case of Rich%ond Ne"spapers, +nc. v. /ir!inia, it "as

444

a. &he historical evidence of the evolution of the cri%inal trial in An!lo-A%erican ustice de%onstratesconclusivel$ that at the ti%e this Nation's or!anic la"s "ere adopted, cri%inal trials both here and in En!lahad lon! been presu%ptivel$ open, thus !ivin! assurance that the proceedin!s "ere conducted fairl$ to aconcerned and discoura!in! perur$, the %isconduct of participants, or decisions based on secret bias orpartialit$. +n addition, the si!nificant co%%unit$ therapeutic value of public trials "as reco!ni@ed "hen ashoc*in! cri%e occurs a co%%unit$ reaction of outra!e and public protest often follo"s, and thereafter thopen processes of ustice serve an i%portant proph$lactic purpose, providin! an outlet for co%%unit$concern, hostilit$ and e%otion. &o "or* effectivel$, it is i%portant that societ$'s cri%inal process satisf$ theappearance of ustice,' Offutt v. Gnited 0tates, 57 G0 , 7, 9 E> , =< 0 Ct , "hich can best beprovided b$ allo"in! people to observe such process. )ro% this unbro*en, uncontradicted histor$, suppor

b$ reasons as valid toda$ as in centuries past, it %ust be concluded that a presu%ption of openness inhein the ver$ nature of a cri%inal trial under this Nation's s$ste% of ustice, Cf., e,!., 9evine v. Gnited 0tatesG0 2, 7 9 Ed 8d , 2 0 Ct 25.

b. &he freedo%s of speech. Press and asse%bl$, e4pressl$ !uaranteed b$ the )irst A%end%ent, share aco%%on core purpose of assurin! freedo% of co%%unication on %atters relatin! to the functionin! of!overn%ent. +n !uaranteein! freedo% such as those of speech and press, the )irst A%end%ent can be reas protectin! the ri!ht of ever$one to attend trials so as !ive %eanin! to those e4plicit !uaranteesK the )ir

A%end%ent ri!ht to receive infor%ation and ideas %eans, in the conte4t of trials, that the !uarantees ofspeech and press, standin! alone, prohibit !overn%ent fro% su%%aril$ closin! courtroo% doors "hich halon! been open to the public at the ti%e the )irst A%end%ent "as adopted. Moreover, the ri!ht of asse%balso relevant, havin! been re!arded not onl$ as an independent ri!ht but also as a catal$st to au!%ent thfree e4ercise of the other )irst A%end%ent ri!hts "ith "hich the drafts%en deliberatel$ lin*ed it. A trial

courtroo% is a public place "here the people !enerall$ and representatives of the %edia have a ri!ht to b


22/38

present, and "here their presence historicall$ has been thou!ht to enhance the inte!rit$ and ?ualit$ of "hta*es place.

c. Even thou!h the Constitution contains no provision "hich be its ter%s !uarantees to the public the ri!ht toattend cri%inal trials, various funda%ental ri!hts, not e4pressl$ !uaranteed, have been reco!ni@ed asindispensable to the eno$%ent of enu%erated ri!hts. &he ri!ht to attend cri%inal trial is i%plicit in the!uarantees of the )irst A%end%ent "ithout the freedo% to attend such trials, "hich people have e4ercisefor centuries, i%portant aspects of freedo% of speech and of the press be eviscerated.

Be that as it %a$, "e reco!ni@e that pervasive and preudicial publicit$ under certain circu%stances can deprive aaccused of his due process ri!ht to fair trial. &hus, in 2arte#ino& et a#. vs. 3#ejandro& et a# ., "e held that to "arrant

findin! of preudicial publicit$ there %ust be allegation and proof that the ud!es have been undul$ influenced, nsi%pl$ that the$ %i!ht be, b$ the barra!e of publicit$. +n the case at bar, "e find nothin! in the records that "ill prothat the tone and content of the publicit$ that attended the investi!ation of petitioners fatall$ infected the fairness i%partialit$ of the >OJ Panel. Petitioners cannot ust rel$ on the subli%inal effects of publicit$ on the sense of fairof the >OJ Panel, for these are basicall$ unbe*no"n and be$ond *no"in!. &o be sure, the >OJ Panel is co%posan Assistant Chief 0tate Prosecutor and 0enior 0tate Prosecutors. &heir lon! e4perience in cri%inal investi!ationfactor to consider in deter%inin! "hether the$ can easil$ be blinded b$ the *lie! li!hts of publicit$. +ndeed, their 8pa!e Resolution carries no indubitable indicia of bias for it does not appear that the$ considered an$ e4tra-recordevidence e4cept evidence properl$ adduced b$ the parties. &he len!th of ti%e the investi!ation "as conducteddespite its su%%ar$ nature and the !enerosit$ "ith "hich the$ acco%%odated the discover$ %otions of petitionespea* "ell of their fairness. At no instance, "e note, did petitioners see* the dis?ualification of an$ %e%ber of the>OJ Panel on the !round of bias resultin! fro% their bo%bard%ent of preudicial publicit$.: 1e%phasis supplied3

ppl$in! the above rulin!, "e hold that %hr !# "o% "o);h !*"c %o :arra"% %h!# Co)r% %o "=o!" %h $r!'!"ar&#%!;a%!o" o9 %h $%!%!o"r (& %h r#$o"*"% O'()*#'a". Petitioner needs to offer %ore than hostile headlines schar!e his burden of proof.5 6e needs to sho" %ore "ei!ht$ social science evidence to successfull$ prove the i%paiapacit$ of a ud!e to render a bias-free decision. (ell to note, the cases a!ainst the petitioner are #%!"*r;o!"; preli%inar$ investi!ation b$ a special panel of prosecutors in the office of the respondent O%buds%an. Nole!ation "hatsoever has been %ade b$ the petitioner that the %inds of the %e%bers of this special panel have alread$een infected b$ bias because of the pervasive preudicial publicit$ a!ainst hi%. +ndeed, the special panel has $et to co%ut "ith its findin!s and the Court cannot second !uess "hether its reco%%endation "ill be unfavorable to the petitioner.

he records sho" that petitioner has instead char!ed respondent O%buds%an hi%self "ith bias. &o ?uote petitioner'sub%ission, the respondent O%buds%an :has been influenced b$ the barra!e of slanted ne"s reports, and he has buc*le threats and pressures directed at hi% b$ the %obs.:58 Ne"s reports have also been ?uoted to establish that the

espondent O%buds%an has alread$ preud!ed the cases of the petitioner 55 and it is postulated that the prosecutorsvesti!atin! the petitioner "ill be influenced b$ this bias of their superior.

!ain, "e hold that the !*"c proffered b$ the petitioner is !"#)(#%a"%!a. &he accurac$ of the ne"s reports referred te petitioner cannot be the subect of udicial notice b$ this Court especiall$ in li!ht of the denials of the respondent%buds%an as to his alle!ed preudice and the presu%ption of !ood faith and re!ularit$ in the perfor%ance of official duhich he is entitled. Nor ca" : a*o$% %h %hor& o9 *r!a%! $r=)*!c o9 $%!%!o"r, !.., %ha% %h $r=)*!c o9

#$o"*"% O'()*#'a" 9o:# %o h!# #)(or*!"a%#. +n truth, our Revised Rules of Cri%inal Procedure, !ive investi!atrosecutors the independence to %a*e their o"n findin!s and reco%%endations albeit the$ are revie"able b$ theiruperiors.57 &he$ can be reversed but the$ can not be co%pelled cases "hich the$ believe deserve dis%issal. +n other "ovesti!atin! prosecutors should not be treated li*e unthin*in! slot %achines. Moreover, if the respondent O%buds%an

esolves to file the cases a!ainst the petitioner and the latter believes that the findin!s of probable cause a!ainst hi% is th

esult of bias, he still has the re%ed$ of assailin! it before the proper court.

.

E$!o;)

"ord of caution to the :hootin! thron!.: &he cases a!ainst the petitioner "ill no" ac?uire a different di%ension and thenove to a ne" sta!e - - - the Office of the O%buds%an. Predictabl$, the call fro% the %aorit$ for instant ustice "ill hit a!her decibel "hile the !nashin! of teeth of the %inorit$ "ill be %ore threatenin!. +t is the sacred dut$ of the respondent%buds%an to balance the ri!ht of the 0tate to prosecute the !uilt$ and the ri!ht of an accused to a fair investi!ation andal "hich has been cate!ori@ed as the :%ost funda%ental of all freedo%s.:5


23/38

!hts necessaril$ resolved b$ the po"er of nu%ber for in a de%ocrac$, the do!%atis% of the %aorit$ is not and should ne the definition of the rule of la". +f de%ocrac$ has proved to be the best for% of !overn%ent, it is because it has respece ri!ht of the %inorit$ to convince the %aorit$ that it is "ron!. &olerance of %ultifor%it$ of thou!hts, ho"ever offensive ta$ be, is the *e$ to %an's pro!ress fro% the cave to civili@ation. 9et us not thro" a"a$ that *e$ ust to pander to so%e

eople's preudice.

N E3 3HEREO, the petitions of Joseph Eercito Estrada challen!in! the respondent #loria Macapa!al-Arro$o as thre 7th President of the Republic are DSMSSED.

O ORDERED.

oo%"o%#

Philippine >ail$ +n?uirer 1P>+3, October +, October , 8222, pp. A and A.

5 )bid., October 8, 8222, pp. A and A=.

7 )bid., October 7, 8222, p. A.

ece%ber , 8222, p. A.

ece%ber 85, 8222, pp. A and A.

)bid., Januar$ 8, 822, p. A.

= &hose "ho voted :$es: to open the envelope "ere 0enators Pi%entel, #uin!ona, >rilon, Ca$etano, Roco, 9e!Ma!sa$sa$, )lavier, Bia@on, Os%eDa +++. &hose "ho vote :no: "ere 0enators Ople, >efensor-0antia!o, JohnOs%eDa, A?uino-Oreta, Coseten!, Enrile, 6onasan, Ja"ors*i, Revilla, 0otto +++ and &atad.

Philippine 0tar, Januar$ =, 822, p. .

)bid., Januar$ , 822, p. 7.

82 )bid., p. .

8 )bid., Januar$ , 822, pp. and .


24/38

88 :Erap's )inal 6ours &old: b$ Ed!ardo An!ara, 1hereinafter referred to as :An!ara >iar$:3, P>+, )ebruar$ 7, 822 A.

85 Philippine 0tar, Januar$ 82, 822, p. 7.

87 P>+, )ebruar$ 7, 822, p. A.

8+, )ebruar$ +, )ebruar$ , 822, p. A8.

52 Anne4 A, >OJ-O0#, Joint Co%%entK Rollo, #.R. Nos. 7=2-+, )ebruar$ , 822, p. A.

7 Philippine 0tar, )ebruar$ 5, 822, p. 7.


25/38


26/38

=2 )bid. ee also concurrin! opinion of Justice Branders in (hitne$ v. California 1=7 G0 5+ issue of )ebruar$


27/38

6ouse Resolution No. =M+N+0&RA&+ON O) 6ER EQCE99ENCF, #9OR+A MACAPA#A9-ARROFO, PRE0+>EN& O) &6E P6+9+PP+N

(6EREA0, on Januar$ 82, 822, /ice President #loria Macapa!al-Arro$o "as s"orn in as the 7th President ofPhilippinesK

(6EREA0, her ascension to the hi!hest office of the land under the dictu%, :the voice of the people is the voice #od: establishes the basis of her %andate on inte!rit$ and %oralit$ in !overn%entK

(6EREA0, the 6ouse of Representatives oins the church, $outh, labor and business sectors in full$ supportin! President's stron! deter%ination to succeedK

(6EREA0, the 6ouse of Representatives is li*e"ise one "ith the people in supportin! President #loria Macapa Arro$o's call to start the healin! and cleansin! process for a divided nation in order to 'build an edifice of peace,pro!ress and econo%ic stabilit$' for the countr$ No", therefore, be it

*eso#ved by the +ouse of *epresentatives, &o e4press its full support to the ad%inistration of 6er E4cellenc$, #loMacapa!al-Arro$o, 7th President of the Philippines.

Adopted,

10!d.3 )E9+C+ANO BE9MON&E JR.

0pea*er

&his Resolution "as adopted b$ the 6ouse of Representatives on Januar$ 87, 822.

10!d.3 ROBER&O P. NAARENO

0ecretar$ #eneral:

= th Con!ress, 5rd 0ession 18223.

th Con!ress, 5rd 0ession 18223.

Anne4 8, Co%%ent of Private Respondents >e /era, et al.K Rollo, #R No. 7=2-


28/38

"a$ of survivin! in %odern political ti%es, retainin! both its relevance and vitalit$. &he privile!e, ho"ever, is no" ustified for different reasons. )irst, the doctrine is rooted in the constitutional tradition of separation of po"ers andsupported b$ histor$. SNi4on v. )it@!erald, 7efendants' Ri!hts in 6i!h Profile &rials,: NFG 9a" Rev., /ol. =


29/38

8= 0ee e.!., Martelino, et al. v. Aleandro, et. al., 58 0CRA 2 1=23K People v. &eehan*ee, 87 0CRA


30/38

dicial process "as seen to be functionin!. As the hours passed, ho"ever, the e4tre%el$ volatile situation "as !ettin! %recarious b$ the %inute, and the co%bustible in!redients "ere all but read$ to i!nite. &he countr$ "as faced "ith aheno%enon --- the pheno%enon of a people, "ho, in the e4ercise of soverei!nt$ perhaps too li%itless to be e4plicitl$ontained and constrained b$ the li%ited "ords and phrases of the constitution, directl$ sou!ht to re%ove their president ffice. On that %ornin! of the 82th of Januar$, the his tribunal "as confronted "ith a dile%%a ----- should it choose a liternd narro" vie" of the constitution, invo*e the rule of strict la", and e4ercise its characteristics reticence Or "as itropitious for it to itself ta*e a hand &he first "as frau!ht "ith dan!er and evidentl$ too ris*$ to accept. &he second coulder$ "ell help avert i%%inent bloodshed. #iven the realitiesK the Court "as left hardl$ "ith choice. Parado4icall$, the firstption "ould al%ost certainl$ i%peril the Constitution, the second could save it. &he confir%ator$ resolution "as issuedllo"in! the en banc session of the Court on 88 Januar$ 822K it read

A.M. No. 2--20A, once a!ain, had its %o%entous role in $et another :bloodless revolution.: &he Court could not have

e%ained placid a%idst the "orsenin! situation at the ti%e. +t could not in conscience allo" the hi!h-strun! e%otions and

assions of E>0A to reach the !ates of MalacaDan!. &he %ilitar$ and police defections created sti!%a that could not be n!uarded b$ a vacuu% in the presidenc$. &he dan!er "as si%pl$ over"hel%in!. &he e4tra-ordinariness of the realit$ car an e4tra-ordinar$ solution. &he court has chosen to prevent rather than cure an eni!%a incapable of bein! recoiled.

he alar%in! social unrest ceased as the e%er!ence of a ne" leadership so unfolded. &he pro%ise of healin! the battereation en!ulfed the spirit but it "as not to last. Luestions "ere raised on the le!iti%ac$ of M%e. Macapa!al-Arro$o'sssu%ption to office. Mr. Estrada "ould insist that he "as still President and that M%e. Macapa!al-Arro$o too* over onl$ n actin! capacit$.

o it is ar!ued, Mr. Estrada re%ains to be the President because under the = Constitution, the /ice-President %a$ssu%e the presidenc$ onl$ in its e4plicitl$ prescribed instancesK to "it, firstl$, in case of death, per%anent disabilit$, re%o% office, or resi!nation of the President,#co"*&, "hen the President of the 0enate and the 0pea*er of the 6ouse of

presentatives his "ritten declaration that he is unable to dischar!e the po"ers and duties of his office, 8 and %h!r*&, "hen aaorit$ of all the %e%bers of the cabinet trans%it to the President and to the spea*er of the 6ouse of representatives their "rieclaration that the President is unable to dischar!e the po"ers and duties of his office, 5 the latter t"o !rounds bein! culled asisabilit$.:

r. Estrada believes that he cannot be considered to have relin?uished his office for none of the above situations haveccurred. &he conditions for constitutional succession have not been %et. 6e states that he has %erel$ been :te%poraril$capacitated: to dischar!e his duties, and he invo*es his letters to both Cha%bers of the Con!ress consistent "ith sectiof Article /++ of the = Constitution. &he t"in letters, dated 82 Januar$ 822, to the t"o houses read

B$ virtue of the provisions of 0ection , Article /++ of the Constitution, + a% hereb$ trans%ittin! this declaration that + a%nable to e4ercise the po"ers and duties of %$ office. B$ operation of la" and the Constitution, the /ice-President shall bctin! President.:

rul$, the !rounds raised in the petition are as dubitable as the petitioner's real %otive in fillin! the case.

he pressin! issue %ust no" catapult to its end.

esi!nation is an act of !ivin! up or the act of an officer b$ "hich he renounces his office indefinitel$. +n order to constituto%plete and operative act of resi!nation, the officer or e%plo$ee %ust sho" a clear intention to relin?uish or surrender hosition acco%panied b$ an act of relin?uish%ent. Resi!nation i%plies, of the intention to surrender, renounce, relin?uishffice. 7

r. Estrada i%ports that he did not resi!n fro% the presidenc$ because the "ord :resi!nation: has not once been e%bodhis letters or said in his state%ents. + a% unable to obli!e. &he conte%porar$ acts of Estrada durin! those four critical d

f Januar$ are evident of his intention to relin?uish his office. 0carcit$ of "ords %a$ not easil$ cloa* realit$ and hide true


31/38

tentions. Crippled to dischar!e his duties, the e%battled President acceded to have ne!otiations conducted for a s%ootansition of po"er. &he belated proposals of the President to have the i%peach%ent Court allo" the openin! of theontroversial envelope and to postpone his resi!nation until 87 Januar$ 822 "ere both reected. On the %ornin! of 82anuar$ 822, the President sent to con!ress the follo"in! letter ---

B$ virtue of the provisions of 0ection ++, Article /++, of the Constitution, + a% hereb$ trans%ittin! this declaration that + a%nable to e4ercise the po"ers and duties of %$ office. B$ operation of la" and the Constitution, the vice-president shall be actin! president.:

eceipt of the letter b$ the 0pea*er of the lo"er house "as placed at around ei!ht o'cloc* in the %ornin! but the 0enateresident "as said to have received a cop$ onl$ on the evenin! of that da$. Nor this Court turn a blind e$e to the paral$@ivents "hich left petitioner to helplessness and inutilit$ in office not so %uch b$ the confluence of events that forces hi%ep do"n the seat of po"er in a poi!nant and tear$ fare"ell as the reco!nition of the "ill of the !overned to "ho% he o"le!iance. +n his :valedictor$ %essa!e,: he "rote

At t"elve o'cloc* noon toda$, /ice President #loria Macapa!al-Arro$o too* her oath as President of the Republic of thehilippines. (hile alon! "ith %an$ other le!al %inds of our countr$, + have stron! and serious doubts about the le!alit$ aonstitutionalit$ of her procla%ation as President, + do not "ish to be a factor that "ill prevent the restoration of unit$ andrder in our civil societ$.

t is for this reason that + no" leave MalacaDan! Palace, the seat of the presidenc$ of this countr$, for the sa*e of peace order to be!in the healin! process of our nation. + leave the palace of our people "ith !ratitude for the opportunities !iv%e for service to our people. + "ill not shir* fro% an$ future challen!es that %a$ co%e ahead in the sa%e service of ou

ountr$.

call on all %$ supporters and follo"ers to oin %e in the pro%otion of a constructive national spirit of reconciliation andolidarit$.

Ma$ the Al%i!ht$ bless our countr$ and our beloved people.

MABG6AFH

bandon%ent of office is a species of resi!nation, < and it connotes the !ivin! up of the office althou!h not attendin! b$ tr%alities nor%all$ observed in resi!nation. Abandon%ent %a$ be effected b$ a positive act or can be the result of an

%ission, "hether deliberate or not.

r. Joseph Estrada invo*es :te%porar$ incapacit$: under 0ection , Article /++ of the Constitution. &his assertion is difficsustain since the te%porar$ incapacit$ conte%plated clearl$ envisions those that are personal, either b$ ph$sical or %enature, = and innate to the individual. +f it "ere other"ise, "hen then "ould the disabilit$ last (ould it be "hen the

onfluent causes "hich have brou!ht about that disabilit$ are co%pletel$ set in reverse 0urel$, the idea fails to re!ister "the si%ple %ind.

either can it be i%plied that the ta*eover has installed a revolutionar$ !overn%ent. A revolutionar$ !overn%ent is one "as ta*en the seat of po"er b$ force or in defiance of the le!al processes. (ithin the political conte4t, a revolution is ao%plete overthro" of the established !overn%ent. +n its deli%ited concept, it is characteri@ed often, a#beit not al"a$s,$ violence as a %eans and specificable ran!e of !oals as ends. +n contrast, E>0A 8 did not envision radical chan!es. &overn%ent structure has re%ained intact. 0uccession to the presidenc$ has been b$ the dul$-elected /ice-president of t

epublic. &he %ilitar$ and the police, do"n the line, have felt to be so actin! in obedience to their %andate as the protecte people.

n$ revolution, "hether it is violent or not, involves a radical chan!e. 6untin!ton sees revolution as bein! :a rapid,nda%ental and violent do%estic chan!e in the do%inant values and %$ths of societ$ in its political institution, socialructure, leadership, !overn%ent activit$ and policies. : &he distin!uished A.J. Milne %a*es a differentiationet"een constitutiona# po#itica# action and a revo#utionary po#itica# action. A constitutional political action, accordin! to hi%political "ithin a le!al fra%e"or* and rests upon a %oral co%%it%ent to uphold the authorit$ of la". A revolutionar$ polction, on the other hand, ac*no"led!es no such %oral co%%it%ent. &he latter is directl$ to"ards overthro"in! the e4ist!al order and replacin! it "ith so%ethin! else.8 And "hat, one %i!ht as*, is the :le!al order: referred to +t is anuthoritative code of a polit$ co%prisin! enacted rules, alon! "ith those in the Constitution5 and concerns itself "ithructures rather than personalities in the establish%ents. Accordin!l$, structure "ould prefer to the different branches of overn%ent and personalities "ould be the po"er-holders. +f deter%ination "ould be %ade "hether a specific le!al order

tact or not, "hat can be vital is not the chan!e in the personalities but a chan!e in the structure.


32/38

he ascension of M%e. Macapa!al-Arro$o to the presidenc$ has resulted neither in the obli!ation of the le!al order. &heonstitutionall$-established !overn%ent structures, e%bracin! various offices under the e4ecutive branch, of the udiciar$e le!islature, of the constitutional co%%issions and still other entities, includin! the Ar%ed )orces of the Philippines andhilippine National Police and local !overn%ents as "ell, have all re%ained intact and functionin!.

n insistence that the events in Januar$ 822 trans!ressed the letter of the Constitution is to i!nore the basic tenet ofonstitutionalis% and to functionali@e the clearl$ preponderant facts.

ore than ust an elo?uent piece of fro@en docu%ent, the Constitution should be dee%ed to be a livin! testa%ent ande%orial of the soverei!n "ill of the people fro% "ho% all !overn%ent authorit$ e%anates. Certainl$, this funda%entalate%ent is not "ithout %eanin!. Nourished b$ ti%e, it !ro"s and copes "ith the chan!in! %ilieu. &he fra%ers of the

onstitution could not have anticipated all conditions that %i!ht arise in the after%ath of events. A constitution does not deetails, but enunciates the !eneral tenets that are intended to appl$ to all facts that %a$ co%e about but "hich can berou!ht "ithin its directions. 7 Behind its conciseness is its inclusiveness and its apertures overridin!l$ lie, not fra!%entut inte!rated and enco%passin!, its spirit and its intent. &he Constitution cannot be per%itted to deteriorate into ust aetrified code of le!al %a4i%s and hand-tied to its restrictive letters and "ordin!s, rather than be the pulsatin! la" that it esi!ned to be an endurin! instru%ent, its interpretation is not be confined to the conditions and outloo* "hich prevail at %e of its adoption< instead, it %ust be !iven fle4ible to brin! it in accord "ith the vicissitudes of chan!in! and advancinffairs of %en. &echnicalities and pla$ of "ords cannot frustrate the inevitable because there is an i%%ense differenceet"een #ega#ism and justice. +f onl$ to secure our de%ocrac$ and to *eep the social order technicalities %ust !ive a"aas been said that the real essence of ustice does not e%anate fro% ?uibblin!s over patch"or* le!al technicalit$ butroceeds fro% the spirit's !ut consciousness of the d$na%ic role as a bric* in the ulti%ate develop%ent of social edifice.n$thin! else defeats the spirit and intent of the Constitution for "hich it is for%ulated and reduces its %andate to irreleva

nd obscurit$.

l told the installation of M%e. Macapa!al-Arro$o perhaps ca%e close to, but not ?uite, the revolutionar$ !overn%ent thano". &he ne" !overn%ent, no" undoubtedl$ in effective control of the entire countr$, do%esticall$ and internationall$eco!ni@ed to be le!iti%ate, ac*no"led!in! a previous pronounce%ent of the court, is a de jure !overn%ent both in fand in la". &he basic structures, the principles, the directions, the intent and the spirit of the = Constitution have beenaved and preserved. +nevitabl$, #loria Macapa!al-Arro$o is the President, not %erel$ an Actin! President, of the Repube Philippines.

r'!"*r o9 a" *r %o %h &o)%h. After t"o non-violent civilian uprisin! "ithin ust a short span of $ears bet"een thei!ht be said that popular %ass action is fast beco%in! an institutionali@ed enterprise. 0hould the streets no" be the venr the e4ercise of popular de%ocrac$ (here does one dra" the line bet"een the rule of la" and the rule of the %ob, or

et"een :People Po"er: and :Anarch$: +f, as the sole ustification for its bein!, the basis of the Arro$o presidenc$ lies an those "ho "ere at E>0A, then it does rest on loose and shiftin! sands and %i!ht tra!icall$ open a Pandora's bo4 %orotent than the %alaise it see*s to address. Conventional "isdo% dictates the indispensable need for !reat sobriet$ and4tre%e circu%spection on our part. +n this *ind of arena, let us be assu%ed that "e are not overco%e b$ senselessdventuris% and opportunis%. &he countr$ %ust not !ro" oblivious to the innate perils of people po"er for no bond can bretched far too %uch to its brea*in! point. &o abuse is to destro$ that "hich "e %a$ hold dear.1âwphi1.nêt

0ection , Article /++, = Constitution

8 0ection , st para!raph, Article /++, = Constitution

5 +bid., 8nd para!raph

7 (rtiz vs. /ome#ec , 8 0CRA 8


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:Mr. RE#A9A>O. (e have not a situation li*e that even in the urisdiction fro% "hich "e borro"ed this provision,"e feel that in re%ote situation that the Co%%issioner has cited in that the President cannot %a*e a "rittendeclaration, + suppose an alternative "ould be considered "herein he can so e4pressl$ %anifest in an authentic%anner "hat should be contained in a "ritten declaration. 444

:Mr. 0GARE. 444 + a% thin*in! in ter%s of "hat happened to the President (ilson. Reall$, the ph$sical disabilit$the !entle%an "as never %ade clear to the historians. But suppose a situation "ill happen in our countr$ "here tPresident %a$ suffer co%a and !ets to be unconscious, "hich is practicall$ a total inabilit$ to dischar!e the po"eand duties of his office, ho" can he sub%it a "ritten declaration of inabilit$ to perfor% the duties and functions of office

:4 4 4 4 4 4 4 4 4

:)R. BERNA0. Precisel$. &he second para!raph is to ta*e care of the (ilson situation.

:Mr. 0GARE. + see.

:Mr. RE#A9A>O. &he (ilson situation "as in =. Precisel$, this t"ent$-fifth A%end%ent to the A%ericanConstitution as adopted on )ebruar$ 2, = prevent a recurrence of such situation. Besides, it "as not onl$ the(ilson %atter. As + have alread$ %entioned here, the$ have had situations in the Gnited 0tates, includin! those oPresident #arfield, President (ilson, President Roosevelt and President Eisenho"er.:

1 RECOR>0, PP. 78-7853

#itlo" vs. iel$, 77 ). 8d as cited in 7 CJ0 2

+bid.

2 +bid.

arocin, &heories of Revolution in Conte%porar$ 6istorio!raph$, PO9+&+CA9 0C+ENCE LGAR&ER9F

8 Milne, Philosoph$ and Political Action, &he Case of Civil Ri!hts, 8 Political 0tudies, 7


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both cases, a preli%inar$ ?uestion is raised b$ respondents "hether the le!iti%ac$ of #loria Macapa!al-Arro$o'sresidenc$ is a usticiable controvers$. Respondent #loria Macapa!al-Arro$o contends that the %atter is not usticiableecause of :the virtual i%possibilit$ of undoin! "hat has been done, na%el$, the transfer of constitutional po"er to #loriaacapa!al-Arro$o as a result of the events startin! fro% the e4pose of +locos 0ur #overnor 9uis 'Chavit' 0in!son in Octo

222.: +n support of this contention, respondent cites the follo"in! state%ents of this Court concernin! the A?uinoovern%ent "hich it is alle!ed applies to her ad%inistration

. S&The le!iti%ac$ of the A?uino !overn%ent is not a usticiable %atter. +t belon!s to the real% of politics "here onl$ theeople of the Philippines are the ud!e. And the people have %ade the ud!%entK the$ have accepted the !overn%ent ofresident Cora@on C. A?uino "hich is in effective control of the entire countr$ so that it is not %erel$ a de facto !overn%eut is in fact and la" a de ure !overn%ent. Moreover, the co%%unit$ of nations has reco!ni@ed the le!iti%ac$ of the pres

overn%ent. All the eleven %e%bers of this Court, as reor!ani@ed, have s"orn to uphold the funda%ental la" of the Repnder her !overn%ent.8

ro% the natural la" point of vie", the ri!ht of revolution has been defined as :an inherent ri!ht of a people to cast out thelers, chan!e their polic$ or effect radical refor%s in their s$ste% of !overn%ent or institutions b$ force or a !eneral uprishen the le!al and constitutional %ethods of %a*in! such chan!e have proved inade?uate or are so obstructed as to benavailable.: +t has been said that :the locus of positive la"-%a*in! po"er lies "ith the people of the state: and fro% thererived: the ri!ht of the people to abolish, to refor% and to alter an$ e4istin! for% of !overn%ent "ithout re!ard to the4istin! constitution.:5

ut the A?uino !overn%ent "as a revolutionar$ !overn%ent "hich "as established follo"in! the overthro" of the =5onstitution. &he le!iti%ac$ of a revolutionar$ !overn%ent cannot be the subect of udicial revie". +f a court decides the

uestion at all qua court, it %ust necessaril$ affir% the e4istence and authorit$ of such !overn%ent under "hich it is4ercisin! udicial po"er.7 As Melville (eston lon! a!o put it, :the %en "ho "ere ud!es under the old re!i%e and the %ho are called to be ud!es under the ne" have each to decide as individuals "hat the$ are to doK and it %a$ be that thehoose at !rave peril "ith the factional outco%e still uncertain.:< &his is "hat the Court did in 9ave##ana v. 78ecutiveecretary "hen it held that the ?uestion of validit$ of the =5 Constitution "as political and affir%ed that it "as itself pae ne" !overn%ent. As the Court said in (ccena v. /(2767/ = and 2itra v. /(2767/ , :SPTetitioners have co%e to thron! foru%. (e sit as a Court dut$-bound to uphold and appl$ that Constitution. . . . +t is %uch too late in the da$ to denrce and applicabilit$ of the =5 Constitution.:

contrast, these cases do not involve the le!iti%ac$ of a !overn%ent. &he$ onl$ involve the le!iti%ac$ of the presidenc$espondent #loria Macapa!al-Arro$o, and the clai% of respondents is precisel$ that Macapa!al-Arro$o's ascension to theresidenc$ "as in accordance "ith the Constitution.

deed, if the !overn%ent of respondent #loria Macapa!al-Arro$o is a revolutionar$ one, all tal* about the fact that it "asrou!ht about b$ succession due to resi!nation or per%anent disabilit$ of petitioner Joseph Eercito Estrada is useless. Aat respondents have to sho" is that in the contest for po"er Macapa!al-Arro$o's !overn%ent is the successful one and

o" accepted b$ the people and reco!ni@ed b$ the co%%unit$ of nations.

ut that is not the case here. &here "as no revolution such as that "hich too* place in )ebruar$ . &here "as noverthro" of the e4istin! le!al order and its replace%ent b$ a ne" one, no nullification of the Constitution.

(hat is involved in these cases is si%ilar to "hat happened in 7 in 3ve#ino v. /uenco.2 +n that case, in order to prevenator 9oren@o M. &aDada fro% airin! char!es a!ainst 0enate President Jose Avelino, the latter refused to reco!ni@e his a result of "hich tu%ult bro*e out in the 0enate !aller$, as if b$ pre-arran!e%ent, as the Court noted, and Avelinouddenl$ adourned the session and, follo"ed b$ si4 senators, "al*ed out of the session hall. &he re%ainin! senators the

eclared the position of President of the 0enate vacant and elected 0enator Mariano Jesus Cuenco actin! president. &heuestion "as "hether respondent Cuenco had been validl$ elected actin! president of the 0enate, considerin! that thereere onl$ 8 senators 1out of 873 present, one senator 10en. Confesor3 bein! abroad "hile another one 10en. 0otto3 "ase hospital.

thou!h in the be!innin! this Court refused to ta*e co!ni@ance of a petition for ?uo "arranto brou!ht to deter%ine the!htful president of the 0enate, a%on! other thin!s, in vie" of the political nature of the controvers$, involvin! as it did anternal affair of a coe?ual branch of the !overn%ent, in the end this Court decided to intervene because of the national chich developed as a result of the unresolved ?uestion of presidenc$ of the 0enate. &he situation ustif$in! udicialtervention "as described, thus

(e can ta*e udicial notice that le!islative "or* has been at a standstillK the nor%al and ordinar$ functionin! of the 0enat

as been ha%pered b$ the non-attendance to sessions of about one-half of the %e%bersK "arrants of arrest have been


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sued, openl$ defied, and re%ained une4ecuted li*e %ere scraps of paper, not"ithstandin! the fact that the persons to brrested are pro%inent persons "ith "ell-*no"n addresses and residences and have been in dail$ contact "ith ne"seporters and photo!raphers. )arce and %oc*er$ have been interspersed "ith actions and %ove%ents provo*in! conflicthich invite bloodshed.

. +ndeed there is no den$in! that the situation, as obtainin! in the upper cha%ber of Con!ress, is hi!hl$ e4plosive. +t hachoed in the 6ouse of Representatives. +t has alread$ involved the President of the Philippines. &he situation has createeritable national crisis, and it is apparent that solution cannot be e4pected fro% an$ ?uarter other than this 0upre%e Coupon "hich the hopes of the people for an effective settle%ent are pinned.

votin! to assu%e urisdiction, Chief Justice Paras "rote :S&This Court has no other alternative but to %eet the challen!e situation "hich de%ands the ut%ost of udicial te%per and udicial states%anship. As herein before stated, the presen

risis in the 0enate is one that i%perativel$ calls for the intervention of this Court.:8 Luestions raised concernin! responloria Macapa!al-Arro$o's presidenc$ si%ilarl$ ustif$, in %$ vie", udicial intervention in these cases.

or is our po"er to fashion appropriate re%edies in these cases in doubt. Respondents contend that there is nothin! elseat can be done about the assu%ption into office of respondent #loria Macapa!al-Arro$o. (hat has been done cannot b

ndone. +t is li*e toothpaste, "e are told, "hich, once s?uee@ed out of the tube, cannot be put bac*.

oth literall$ and fi!urativel$, the ar!u%ent is untenable. &he toothpaste can be put bac* into the tube. 9iterall$, it can be ac* b$ openin! the botto% of the tube I that is ho" toothpaste is put in tubes at %anufacture in the first place.etaphoricall$, the toothpaste can also be put bac*. +n #.R. No. 7=5, a "rit can be issued orderin! respondent #loriaacapa!al-Arro$o to vacate the Office of the President so that petitioner Joseph E. Estrada can be reinstated should the

d!%ent in these cases be in his favor. (hether such "rit "ill be obe$ed "ill be a test of our co%%it%ent to the rule of laelection cases, people accept the decisions of courts even if the$ be a!ainst the results as proclai%ed. Reco!nition !iv

$ forei!n !overn%ents to the presidenc$ poses no proble%. 0o, as far as the political ?uestion ar!u%ent of respondentsnchored on the difficult$ or i%possibilit$ of devisin! effective udicial re%edies, this defense should not bar in?uir$ into th!iti%ac$ of the Macapa!al-Arro$o ad%inistration.

his brin!s %e to the %ain issue, "hether respondent #loria Macapa!al-Arro$o's ascension to the Presidenc$ "as inccordance "ith the Constitution. Art. /++. U provides in pertinent parts

case of death, per%anent disabilit$, re%oval fro% office, or resi!nation of the President, the /ice-President shall beco%e President to serve the une4pired ter%. +n case of death, per%anent disabilit$, re%oval fro% office, or resi!nation of boe President and /ice-President, the President of the 0enate or, in case of his inabilit$, the 0pea*er of the 6ouse of

epresentatives, shall then act as President until the President or /ice-President shall have been elected and ?ualified.

he events that led to the departure of petitioner Joseph E. Estrada fro% office are "ell *no"n and need not be recountereat detail here. &he$ be!an in October 8222 "hen alle!ations of "ron! doin!s involvin! bribe-ta*in!, ille!al !a%blin!ueteng%, and other for%s of corruption "ere %ade a!ainst petitioner before the Blue Ribbon Co%%ittee of the 0enate. Oove%ber 5, 8222, petitioner "as i%peached b$ the 6ouse of Representatives and, on >ece%ber =, i%peach%entroceedin!s "ere be!un in the 0enate durin! "hich %ore serious alle!ations of !raft and corruption a!ainst petitioner "eade and "ere onl$ stopped on Januar$ , 822 "hen senators, s$%pathetic to petitioner, succeeded in suppressin

a%a!in! evidence a!ainst petitioner. As a result, the i%peach%ent trial "as thro"n into an uproar as the entire prosecuanel "al*ed out and 0enate President A?uilino Pi%entel resi!ned after castin! his vote a!ainst petitioner.

he events, as seen throu!h the e$es of forei!n correspondents, are vividl$ recounted in the follo"in! e4cerpts fro% theastern 7conomic *eview and 0ime 2agazine ?uoted in the Me%orandu% of petitioner in #.R. Nos. 7=2-

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24. Estrada vs. Arroyo, G.R. No. 146738

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Transcript of 24. Estrada vs. Arroyo, G.R. No. 146738