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Estrada v. Desierto (Short title) o At 1:20 p.m.

, Erap pulled Secretary Angara into his small


GR # 146710-15 | March 2, 2001 | MR- April 3, 2001 office at the presidential residence and exclaimed: Ed,
Petitioner: Joseph E. Estrada seryoso na ito. Kumalas na si Angelo (Reyes).
Respondent: Aniano Desierto, in his capacity as Ombudsman, Ramon o At 2:30, p.m., Erap decided to call for a snap presidential
Gonzales, Volunteers Against Crime and Corruption, Graft Free Philippines election and stressed he would not be a candidate.
Foundation, Inc., Leonard De Vera, Dennis Funa, Romeo Capulong and o At 3:00 p.m., General Reyes joined the sea of EDSA
Ernesto B. Francisco, Jr., demonstrators demanding the resignation of the petitioner
(Rule 129, Section 4) and dramatically announced the AFPs withdrawal of
support from the petitioner and their pledge of support to
DOCTRINE respondent Arroyo.
An admission, verbal or written, made by the party in the course of the o The seismic shift of support left petitioner weak as a
proceedings in the same case, does not require proof. president. According to Secretary Angara, he asked
Senator Pimentel to advise Erap to consider the option of
FACTS dignified exit or resignation which did nor disagree but
listened intently.
- On October 4, 2000 Ilocos Sur Governor, Luis Singson went on air o At 9:30 p.m., Senator Pimentel repeated the urgency of
and accused Erap of receiving millions of pesos from jueteng lords. making a graceful and dignified exit. He gave the proposal
- The next day, Senator Guingona, delivered a privilege speech a sweetener by saying that Erap would be allowed to go
where he accused Erap of the same. abroad with enough funds to support him and his family.
- The House Committee on Public Order and Security decided to o Erap expressed no objection to the suggestion for a
investigate the exposẻ of Governor Singson. graceful and dignified exit but said he would never leave
- Calls for the resignation of Erap filled the air. the country.
- Speaker Villar transmitted the Articles of Impeachment signed by o At 10:00 p.m., Erap revealed to Secretary Angara taht
more than 1/3 of all the members of the House to the Senate. Gen. Reyes guaranteed that I would have five days to a
- On November 20, the Senate formally opened the impeachment week in the palace.
trial with SC CJ Hilario G. Davide, Jr. presiding. o By 11:00 p.m., former President Ramos called up
- The turning point was the testimony of Clarissa Ocampo, SVP of Secretary Angara and requested, Ed, magtulungan tayo
Equitable-PCI Bank who testified that she saw Erap affixed the para magkaroon tayo ng peaceful and orderly transfer of
signature "Jose Velarde" on documents involving a P500 million power.
investment agreement with their bank on February 4, 2000. o The first negotiation for a peaceful and orderly transfer of
- On January 16, when by a vote of 11-11 the senator-judges ruled power immediately started at 12:20 a.m. of January 20,.
against the opening of the envelope allegedly containing evidence The negotiation was limited to three (3) points: (1) the
showing that Erap held P3.3 billion in a secret bank account under transition period of five days after the petitioners
the name "Jose Velarde," The public and private prosecutors resignation; (2) the guarantee of the safety of the Erap and
walked out in protest of the ruling and Senator Pimentel resigned his family, and (3) the agreement to open the second
as Senate President. envelope to vindicate the name of the petitioner.
- On January 17, the public prosecutors submitted a letter to Speaker o According to Secretary Angara, at 2:30 a.m., he briefed
Fuentebella tendering their collective resignation. They also filed Erap on the three points and the following entry in the
their Manifestation of Withdrawal of Appearance with the Angara Diary shows the reaction of the petitioner, viz:
impeachment tribunal. o The negotiations consumed all morning until the news
- Based on the diary of Executive Secretary Angara that was broke out that Chief Justice Davide would administer the
serialized in the PDI: oath to GMA at high noon at the EDSA Shrine.
o In morning of January 19, petitioners loyal advisers were o At 2:30 p.m. Erap and his family hurriedly left Malacañang
worried about the swelling of the crowd at EDSA so they Palace and issued a press statement expressing doubts
created an ad hoc committee to handle it. about the legality and constitutionality of GMA's
proclamation but do not wish to be a factor that will - The Angara diary is not an out of court statement but is part of the
prevent the restoration of unity and order. pleadings in the cases at bar and even assuming that the Angara
o It also appears that on the same day, January 20, 2001, Diary was an out of court statement, it is not under hearsay rule.
he signed the letter saying that he is unable to exercise - Evidence is called hearsay when its probative force depends on the
the powers and duties of the office and that by operation competency and credibility of some persons other than the witness.
of law and the Constitution, the Vice-President shall be the - There are three reasons for excluding hearsay evidence: (1)
Acting President. absence of cross examination; (2) absence of demeanor evidence,
- On February 6, respondent Arroyo nominated Senator Teofisto and (3) absence of the oath. Not at all hearsay evidence, however,
Guingona, Jr., as her Vice President confirmed by the Senate. is inadmissible as evidence. Over the years, hearsay evidence has
- Several cases against Erap were set in motion. been admitted due to relevance, trustworthiness and necessity.
- On February 5, Erap filed a petition for prohibition with a prayer for - A complete analysis of any hearsay problem requires to determine
a writ of preliminary injunction. It sought to enjoin the Ombudsman whether the evidence is one exempted from the rules of exclusion
from conducting any further proceedings until after his term is over. which will show that they do not cover admissions of a party and
- Erap then filed for Quo Warranto praying that he be declared to be the Angara Diary belongs to this class.
the lawful and incumbent President temporarily unable to discharge o Admissions of a party should not be confused with
the duties of his office, and GMA to be holding the office in an declarations against interest, judicial admission and
acting capacity pursuant to the provisions of the Constitution." confessions.
- The SC on March 2, 2001 dismissed the the petitions of Erap with o The admission is primary evidence and is receivable,
the Angara diary being one of the main grounds exhibiting the although the declarant is available as a witness; it is
resignation of Erap as president. competent only when the declarant, or someone identified
- An MR was then filed by Erap (April 3, 2001 Decision), wherein in legal interest with him, is a party to the action; and need
Erap devotes a large part of his arguments on the alleged improper not have been considered by the decalrant as opposed to
use by the Court of the Angara Diary. It is urged that the use of the his interest at the time when it was made. The declaration
Angara Diary to determine the state of mind of Erap on the issue of against interest is in the nature of secondary evidence,
his resignation violates the rule against the admission of hearsay receivable only when the declarant is unavailable as a
evidence. witness;
o The term admission is distinguished from that of
ISSUE/S confession. The former is applied to civil transactions and
1. W/N the Angara diary is inadmissible for being violative of the following to matters of fact in criminal cases not involving criminal
rules on evidence: hearsay, best evidence, authentication, admissions intent, the latter to acknowledgements of guilt in criminal
and res inter alios acta; cases.
o A judicial admission is one so made in pleadings filed or in
the progress of a trial as to dispense with the introduction
PROVISIONS of evidence otherwise necessary to dispense with some
Rule 129 rules of practice necessary to be observed and complied
with. Extra-judicial admission is one made out of court.
Section 4. Judicial admissions. — An admission, verbal or written, made by o The most important distinction between judicial and other
the party in the course of the proceedings in the same case, does not admissions, is that strictly, judicial admissions are
require proof. The admission may be contradicted only by showing that it conclusive upon the party making them, while other
was made through palpable mistake or that no such admission was made. admissions are, as a rule and where the elements of
(2a) estoppel are not present, disputable.
- Rules provide that the act, declaration or omission of a party as to a
RULING & RATIO relevant fact may be given in evidence against him. These
1. No. admissions are admissible even if they are hearsay.
- The Angara Diary contains direct statements of petitioner which can NOTES
be categorized as admissions of a party.
o His proposal for a snap presidential election where he
would not be a candidate;
o His statement that he only wanted the five-day period
promised by Chief of Staff Angelo Reyes;
o His statements that he would leave by Monday if the
second envelope would be opened by Monday
o "Pagod na pagod na ako. Ayoko na, masyado nang
masakit. Pagod na ako sa red tape, bureaucracy, intriga. I
just want to clear my name, then I will go."
- It is, however, argued that the Angara Diary is not the diary of the
Erap, hence, non-binding on him. The argument overlooks the
doctrine of adoptive admission which is a party's reaction to a
statement or action by another person when it is reasonable to treat
the party's reaction as an admission.
o Senate President Pimentel advised petitioner to consider
the option of dignified exit or resignation to which Erap did
not object to but simply said he won't leave the country.
o Erap's silence on this and other related suggestions can
be taken as an admission by him.
- It was further contended that the use of the Angara diary violated
the rule on res inter alios acta which states that the rights of a party
cannot be prejudiced by an act, declaration, or omission of another,
except as hereinafter provided.
o The rule has several exceptions and one of which are
admissions by a co-partner or agent.
o Executive Secretary Angara was an alter ego of the
president. He was the Little President.
o He was authorized to act for the president in the critical
hours and days.
o It cannot be denied that Secretary Angara headed his
team of negotiators that met with the team of GMA to
discuss the peaceful and orderly transfer of power after his
relinquishment of the powers of the presidency.
o The Diary shows that Erap was always briefed by
Secretary Angara on the progress of their negotiations. He
acted for and in behalf of Erap before GMA took her oath.
o Consequently, petitioner is bound by the acts and
declarations of Secretary Angara.

DISPOSITION
IN VIEW WHEREOF, petitioners Motion for Reconsideration in G.R. Nos.
146710-15 and his Omnibus Motion in G.R. No. 146738 are DENIED for lack
of merit. SO ORDERED.