ESTRADA v DESIERTO (356 SCRA 108)
FACTS
(same facts as Estrada v. Desierto, March 2, 2001)
ISSUES
Whether the use of the Angara diary to determine the state of mind of the petitioner on the issue of his resignation violates the rule against the admission of hearsay evidence.
HELD
The Angara diary contains statements of the petitioner, which reflect his state of mind and are circumstantial evidence of his intent to resign. It also contains statements of Sec. Angara from which we can reasonably deduce petitioner’s intent to resign. They are admissible and they are not covered by the rule on hearsay. Let it be emphasized that it is not unusual for courts to distill a person’s subjective intent from the evidence before them. This has long been a quiet area of our law on the evidence and petitioner’s attempt to foment a belated tempest cannot receive our imprimatur. Congress has the ultimate authority under the Constitution to determine whether the President is incapable of performing his functions in the manner provided in Sec. 11, Art. VII. We sustained this submission and held that by its many acts, Congress has already determined and dismissed the claim of alleged temporary inability to govern proffered by petitioner. If he feels aggrieved, he should have recourse to Congress and not from courts. There is nothing in Sec.11 of the Constitution which states that the declaration by Congress of the President’s inability must always be prior or before the VP assumes the presidency. In the case at bar, special consideration should be given to the fact that the events, which led to the resignation of the petitioner happened at express speed and culminated on a Saturday. Congress was then not in session and had no reasonable opportunity to act a priori on petitioner’s letter claiming inability to govern. In case of Resignation of the President, it is not disputed that the SC has jurisdiction to decide the issue. In case of inability to govern, Sec.11 gives the Congress the power to adjudge the issue and the petitioner himself submitted this thesis which was shared by the SC.
