Impeachment trial ni estrada

The most important element of these drafts is that they contained explicit declarations of the president's intention to resign. The first draft of negotiating points prepared by Angara stated that the transition would take place on 24 January, at which time Estrada "will turn over the presidency" to Macapagal-Arroyo. In return, Estrada and his families "are granted security and safety of their person and property throughout their natural lifetimes" and "are guaranteed freedom from persecution and retaliation from government and the private sector throughout their natural lifetimes".

The commitment is to be guaranteed by the AFP. The United Opposition's negotiating points stated that Estrada "shall sign a resignation document within the day" 20 January , on which day the vice president would assume the presidency. This was supposed to be effective on 24 January. This was modified by another draft, which deleted the resignation statement. Instead, it said that the 'transition process' would "commence" on 20 January. But there was a condition: the vice president would issue a public statement saying that "I take this singular opportunity to commend president Estrada for his rare display of statesmanship in effecting a peaceful transition".

The document acknowledged that Estrada "has shown steadfast adherence to the Constitution and its processes, with the highest consideration for the national interest" and states that "I salute him and wish that may the true patriot who brought peace to our country in this transition find peace for himself".

This document was signed by Angara and members of his panel and was to be faxed to De Villa's panel. In fact, a draft letter to be sent to Pimentel and Fuentebella categorically stated: "I hereby tender my resignation as president of the republic effective 24 January in the name of national unity and in order to effect a peaceful transition of power amidst divisive political unrest. At 6 AM, De Villa phoned Angara and said he would arrive at the palace at 7 AM, but that he wanted Angara to know that "somebody tried to arrange for Gloria's oath-taking at noontime".

De Villa said he did not know about this, and "I got mad because it smacks of bad faith in our negotiations. I told them that if they proceeded with the oath, I would resign from the panel. They discussed the drafts, especially that containing the five negotiating points, and the inputs from telephone talks with Reyes, De Villa and Secretary Pardo, who had been receiving feedback from the groups of ex-President Aquino and ex-President Ramos. Without Angara's knowledge, Remulla had sent the letter, already signed by Estrada, to Pimentel and Fuentebella at AM designating Macapagal-Arroyo as "acting president".

The letter was sent out while the second round of talks was underway. This document illustrated, first, that the palace officials were moving separately toward contradictory directions and second, that it was an act of bad faith, since it was sent out in the midst of the negotiations. Worst of all, this document threw a spanner in the works. This letter was the fountainhead of the subsequent legal and violent challenges to the legitimacy of the Macapagal-Arroyo accession because it created a constitutional ambiguity over the transition.

It planted seeds of conflict that was to plague the successor government. Angara told Reyes, "What happens to the agreement? Angara said the transition provision had become moot. Angara had the first paragraph containing the proviso for resignation deleted. This explains why the amended draft, which now contained four instead of five points, was silent on resignation. The amended document, without the resignation proviso, was faxed to Pimentel and Reyes. It is not clear whether it reached De Villa's panel.

Angara then told the president the chief justice would swear in Gloria at 12 noon. From Linden Suites, the opposition nerve centre, which commands a vista of the massed crowds at the EDSA shrine, the view was different. The streets took a life of their own, outside the channel of negotiations over Estrada's exit, and things were moving at their own cadence. Following the military withdrawal, the crowds swelled at EDSA, reinforced by delegations from the provinces and the mobilisation of students.

By late evening of Friday, they had set 6 AM, the next day as the zero hour for the march. The crowds were chanting "Mendiola! Reporters at Linden Suites noted that on Friday evening opposition Sen. Raul Roco left a conference of opposition leaders presided by the vice president to go to the EDSA shrine. There he informed the rally that they had rejected Estrada's snap election proposal. Roco authorised to say that the opposition had decided to give Estrada until 6 AM to resign otherwise "People Power" would march to the palace.

Panganiban said he learned that even Cardinal Sin was alarmed at the potential for violence, so he phoned Chief justice Hilario Davide at AM. Davide was already in his office. The two justices discussed the possibility of swearing-in Macapagal-Arroyo at midday to avert the march and possible bloodshed. In an interview, Panganiban said he argued with the chief justice that "there was an extraordinary situation requiring an extraordinary solution or innovative decision".

Panganiban believed that only Davide could stop bloodshed by swearing in the vice president. After discussing legal issues, Davide told Panganiban to go ahead and phone Macapagal-Arroyo.

He asked Angara if he needed to leave now: "Ed, kailangan ko na bang umalis? President, for your safety and your family's". All the other material allegations really wrangle on this point.

There, truly, might never be a definitive consensus, let alone unanimity, on the fine and valid issues heretofore submitted by petitioner. To dissect the event into miniscule parts for microscopic scrutiny, however, could in the end be just begging the question.

The varying versions of the events and their differing interpretations notwithstanding, one circumstance still remained clear, and it was that a convergence and confluence of events, sparked by a civilian dissent which set into motion a domino effect on the government itself, plagued the presidency.

The things that occurred were no longer to be yet in dispute but were matters of fact. Contra factum non valet argumentum. At little past noon on 20 January , then incumbent Vice-President Gloria Macapagal-Arroyo would take her oath of office to become the 14 th President of the Republic of the Philippines. She would take over the reins of government for the remaining tenure of her predecessor, President Joseph Ejercito Estrada, still then the incumbent.

Estrada had by then practically lost effective control of the government. Within hours after a controversial Senate decision that ended abruptly the impeachment proceedings against Mr. Estrada, an irate people came in force to the site of the previous uprising in - EDSA that toppled the year rule of former President Ferdinand E.

Marcos - and this time demanded the immediate ouster of Mr. Shortly thereafter, civic leaders and government personalities, including most of the cabinet members, and still later the military establishment and the national police, joined cause with the mass of people. When the formal oath-taking finally came, Mme. Estrada forthwith ceased to govern.

The alarming unrest and turmoil ended with the assumption of the new leadership. The tenor of the oath actually taken by Mme. Macapagal-Arroyo and the farewell message of Mr. Estrada to the nation upon his leaving the seat of power rested the reality. Intentio mea imponet nomen operi meo. The primordial question that emerged was no longer whether the transfer of power had, in fact, occurred - it did - or whether it was ideal or bereft of equanimity but whether the change was within Constitutional parameters - the Constitution its letter, intent and spirit - or was revolutionary in character.

Marcos, however, maintained that the projects distributed were meant to influence the senators to hand out a guilty vote in the impeachment trial.

Connect with us. Twenty out of 23 senators, Estrada included, voted to remove the Chief Justice. The amount of juggled funds in the budget to bankroll the DAP exceeded P billion. Related Topics:. Latest Trending. Latest 9 mins ago. Latest 44 mins ago.