Estrada v. Disierto, [G.R. Nos. 146710-15. April 3, 2001] 253 SCRA 452

Estrada v. Disierto,
[G.R. Nos. 146710-15. April 3, 2001]
253 SCRA 452

FACTS: Following the aborted impeachment trial & the resignation of majority of the members of the Cabinet & the defection of the military & the police, at about noon of Jan. 20, 2001, V-pres Arroyo was sworn into office as Pres. of the Phil., while Pres. Estrada w/ his family left Malacanang. On the same day, however, Pres. Estrada wrote a letter to the Senate stating that he was unable to exercise the powers of the office of the Presidency & the operation of the Consti, the V-pres shall be Acting Pres.


ISSUE: Is the Pres. only temporarily unable to act as Pres?


RULING: NO. On Jan. 20, 2001, despite receipt of the letter, the House issued a resolution supporting the assumption of Arroyoi as Pres. Likewise, on Feb. 7, it confirmed the nomination by Pres. Arroyo of Sen. Guingona as V-Pres. On the same day, the Senate also confirmed the nomination. The Senate on Feb. 8, issued a resolution confirming the existence of a vacancy in the Senate brought about by the nomination of Sen. Guingona & urging the COMELEC to fill the vacancy. Finally, both Houses of Congress started sending bills to be signed into law by Pres. Arroyo. It is therefore clear that Congress has recognized Arroyo as the Pres., & that the inability of Estrada is no longer temporary. In the face of this determination by a co-equal branch, the court is w/out authority to review. It is a pol’l question, w/c cannot be decided by the Court w/out transgressing the princ. of separation of powers.