This paper will examine the reasoning of the Court in deciding the issue of President Estrada's resignation in light of the facts and circumstances surrounding the case and the prevailing Constitutional and statutory law and jurisprudence on the matter. Although the Court passed upon other issues, the issue of resignation was the very lis mota of the controversy upon which the other issues depended. In upholding the contention that Estrada had resigned, it is argued that the Supreme Court violated fundamental Constitutional and due process tenets, in disregarding the rule of law, justice, and fair play.