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    Estrada Vs Desierto G.R. No. 146710-15 : Facts

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    runish venganza
    Estrada was impeached by the House of Representatives for corruption but the impeachment trial in the Senate was disrupted. Estrada then lost support from the military and police and left Malacañang Palace. The Supreme Court then ruled that the presidency was vacant. Gloria Arroyo was sworn in as the new President. Estrada filed a case arguing he was still the lawful president but the Supreme Court ruled that Estrada had resigned, Arroyo was validly the new president, and Estrada did not have immunity from criminal prosecution.

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    Estrada Vs Desierto G.R. No. 146710-15 : Facts

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    runish venganza
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    Estrada was impeached by the House of Representatives for corruption but the impeachment trial in the Senate was disrupted. Estrada then lost support from the military and police and left Malacañang Palace. The Supreme Court then ruled that the presidency was vacant. Gloria Arroyo was sworn in as the new President. Estrada filed a case arguing he was still the lawful president but the Supreme Court ruled that Estrada had resigned, Arroyo was validly the new president, and Estrada did not have immunity from criminal prosecution.

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    Estrada vs Desierto

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    Estrada was impeached by the House of Representatives for corruption but the impeachment trial in the Senate was disrupted. Estrada then lost support from the military and police and left Malacañang Palace. The Supreme Court then ruled that the presidency was vacant. Gloria Arroyo was sworn in as the new President. Estrada filed a case arguing he was still the lawful president but the Supreme Court ruled that Estrada had resigned, Arroyo was validly the new president, and Estrada did not have immunity from criminal prosecution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    359 views2 pages

    Estrada Vs Desierto G.R. No. 146710-15 : Facts

    Uploaded by

    runish venganza
    Estrada was impeached by the House of Representatives for corruption but the impeachment trial in the Senate was disrupted. Estrada then lost support from the military and police and left Malacañang Palace. The Supreme Court then ruled that the presidency was vacant. Gloria Arroyo was sworn in as the new President. Estrada filed a case arguing he was still the lawful president but the Supreme Court ruled that Estrada had resigned, Arroyo was validly the new president, and Estrada did not have immunity from criminal prosecution.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Estrada vs Desierto

    G.R. No. 146710-15;

    FACTS:

    The allegations of wrong doings involving bribe-taking, illegal gambling, and other forms of corruption
    were made against Estrada before the Senate Blue Ribbon Committee. On November 13, 2000, Estrada
    was impeached by the Hor and, on December 7, impeachment proceedings were begun in the Senate
    during which more serious allegations of graft and corruption against Estrada  were made and were only
    stopped on January 16, 2001 when 11 senators, sympathetic to the President, succeeded in suppressing
    damaging evidence against Estrada. As a result, the impeachment trial was thrown into an uproar as the
    entire prosecution panel walked out and Senate President Pimentel resigned after casting his vote
    against Estrada.

    On January 19, PNP and the AFP also withdrew their support for Estrada and joined the crowd at EDSA
    Shrine. Estrada called for a snap presidential election to be held concurrently with congressional and
    local elections on May 14, 2001. He added that he will not run in this election. On January 20, SC
    declared that the seat of presidency was vacant, saying that Estrada “constructively resigned his post”.
    At noon, Arroyo took her oath of office in the presence of the crowd at EDSA as the 14th President.
    Estrada and his family later left Malacañang Palace. Erap, after his fall, filed petition for prohibition with
    prayer for WPI. 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 Estrada to be the lawful and incumbent President of the Republic of the Philippines
    temporarily unable to discharge the duties of his office.

    ISSUE(S):

    1. WHETHER OR NOT Estrada resigned as President.

    2. WHETHER OR NOT Arroyo is only an acting President.

    3. WHETHER OR NOT Estrada enjoys immunity from suit.

    RULING:

    1. Yes. There were elements of valid resignation: (a) an intent to resign and (b) acts of relinquishment.
    Both were present when President Estrada left the Palace.
    2. No. It is clear is that both houses of Congress recognized Arroyo as the President. Implicitly clear in
    that recognition is the premise that the inability of Estrada is no longer temporary as the Congress has
    clearly rejected his claim of inability.

    3. No. The cases filed against Estrada are criminal in character. By no stretch of the imagination can
    these crimes, especially plunder which carries the death penalty, be covered by the alleged mantle of
    immunity of a non-sitting president.

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