How to delay the plunder trial and incite chaos, Erap style

( Part III )

There are certain undeniable facts of history – particularly the official history of the Philippines – which cannot be ignored by any Philippine court and need not be proved, since they fall within the domain of Judicial Notice (Rule 129, Revised Rules of Court). These are the indisputable facts of Philippine history: (1) The aborted impeachment trial in the Senate on Jan. 16, 2001, which led to what is now known as EDSA II (or People Power II), was initiated that same night by students and by various elements of civil society at the Edsa Shrine; (2) the protesters and demonstrators grew bigger every day not only in Metro Manila but also in various cities and capital towns in the provinces. Due to the swelling of the crowd at EDSA, President Estrada issued the decision " to call for a snap presidential election and stressed that he would not be a candidate," (3) Around 4:30 p.m. of Jan. 19, 2001 the Armed Forces of the Philippines (AFP, led by Chief of Staff Angelo Reyes and Defense Secretary Orlando Mercado, the Board of Generals, composed of Army Commander Lt. Gen. Diomedio Villanueva, Air Force Commander Lt. Gen. Benjamin Defensor, Navy Commander Rear Adm. Guillermo Wong, Deputy Chief of Staff Lt. Gen. Jaime de los Santos, and Vice Chief of Staff Lt. Gen Jose Calimlim, came to the EDSA Shrine, without carrying any firearms and without the support of tanks and planes, announced the AFP’s "withdrawal of support from the incumbent president (Estrada)" and pledged its support to "the constitutional successor" (Gloria Macapagal-Arroyo; earlier at 3 p.m. the Philippine National Police, led by Deputy Gen. Leandro Mendoza and his group of police officers at Camp Crame announced their withdrawal of support from Estrada; at 5 p.m. of the same day, PNP Chief Gen. Panfilo Lacson came to Camp Crame and also joined Mendoza and the others in their withdrawal of support; likewise on the same day, the majority of the Cabinet members announced their withdrawal from President Estrada and shifted their support to Vice President Arroyo; (4) Around noontime on Jan. 20, 2001, in the presence of other Supreme Court justices, the Apostolic Nuncio who is also the dean of the diplomatic corps, and the top leaders of the Senate and the House, led by Senate President Aquilino Pimentel, Jr., and Speaker Arnulfo Fuentebella, Supreme Court Chief Justice Hilario G. Davide, Jr., administered at EDSA Shrine the oath of office to Vice President Gloria Macapagal-Arroyo as the President of the Republic of the Philippines; (4) In the early afternoon of the same day (around 2 to 2:30) with thousands of demonstrators marching toward Malacañang, Joseph Ejercito Estrada decided to leave Malacañang and relinquish the presidency by signing and circulating a Statement to the press, which reads as follows:

"Vice President Arroyo took her oath as president of the Republic of the Philippines. While I have serious doubts about the legality and constitutionality of her proclamation as president, I do not wish to be a factor that will prevent the restoration of unity and order in our civil society. It is for this reason that I now leave Malacañang palace, the seat of the presidency in this country, for the sake of peace and in order to begin the healing process of our nation. I leave the palace with gratitude for the opportunities given to me for the service of our people…

"I call on all my followers and supporters to join me in the constructive national spirit of reconciliation and solidarity."

After bidding goodbye to Chief of Staff Angelo Reyes and his deputy, some Cabinet members, subordinates and friends who saw him off, Joseph Estrada, with his wife and children, left Malacañang and boarded a barge across the Pasig River. He returned to his San Juan residence in the afternoon of the same day.

On Monday (Jan. 22, 2001), the Supreme Court issued a unanimous Resolution which states as follows: (To be continued)