Soon, Durano defensive but stand by decision
By Jeanette P. Malinao & Rose O. Versoza

CEBU -- Had the Supreme Court not been "so arrogant and so uncooperative" during the House committee investigation on the alleged misuse of judicial development funds, there might have been a chance for the issue to "die quietly."

So said Rep. Ace Durano, one of two Cebuano legislators who signed the impeachment complaint against Chief Justice Hilario Davide Jr. Durano is secretary general of the National People's Coalition (NPC), which is perceived to be behind the move.

Durano, a member of the House committee on justice, which investigated the issue, said the committee had no choice but to take the "last recourse" to satisfy the "really persistent" complaints of the court employees who insist that something should be done.

For her part, Rep. Nerissa Soon-Ruiz (Cebu, 6th district) said she signed the impeachment complaint because the Senate proceedings will be the best venue for him to clear his name and to erase doubts, if any, about his integrity.

Former Cebu governor Emilio "Lito" Osmeña described the impeachment complaint as "an exercise of the sheer arrogance of power" and criticized President Arroyo's failure to do something about it.

"Makauuwaw ang ilang gibuhat. Ambot kon nakasabot ba sila sa ilang gibuhat (What they did was shameful. I don't know if they understood what they did)," he said of Soon-Ruiz and Durano's participation, in an interview over dyLA yesterday.

A hero

Soon-Ruiz admitted she took a political risk when she signed the impeachment complaint, but said she made the right decision.

"He will come out a hero in the end, when he proves himself right," added Ruiz, who "branded" unfair the speculations that the NPC was behind the impeachment.

"I would like to assure the Cebuanos that this is not a personal assault on the chief justice. I just want to provide him with a forum to ventilate his side," said Soon-Ruiz, who appealed to the public, especially Cebuanos, not to be emotional about the issue.

As of yesterday, 93 members of the House of Representatives signed and validated the impeachment complaint, which will be sent to the Senate for trial.

Aside from "not taking the process seriously," Durano said the representative that Davide sent to the committee investigation "threatened" Congress, by saying that House employees might question the use of pork barrel funds and the Supreme Court would have to act on it.

"That arrogance is something we never experienced before. It was then that I realized that they have a mindset that they are untouchable and are above the law," said Durano.

"I'm a lawyer and di ko basta-basta mu-accuse. I really think there is probable cause based on the complaint and evidence available, and we could not close our eyes to that. It would have been more shameful and embarrassing to the people I represent if I didn't sign," said Durano.

Dilemma

He said they were hoping for a "less destabilizing" process like the committee investigation but the Supreme Court refused to give them the needed documents that could have belied the complaints.

A committee report on that would have quietly settled the issue, he said.

"Those people who (criticize us) did not go through the dilemma that we went through during the committee investigation. Kinsa ba guy gustog samok (Who goes looking for trouble?)," he added.

Durano also denied that the issue is a party matter, pointing out that Reps. Antonio Yapha (Cebu, 3rd district) and Simeon Kintanar (Cebu, 2nd district), both NPC members, did not sign.

Soon-Ruiz said the party never asked her to sign the complaint.

Besides, she added, there are questions in the complaint that require an answer from Davide.

She said the SC Court Administrator had issued a memorandum last Oct. 3, based on an SC en banc resolution, directing the SC clerk of court not to release, without his approval, any document being requested by Congress in relation to the impeachment complaint.

Soon-Ruiz signed the complaint last Wednesday, just before she left Manila for Cebu. However, she was forced to fly back to Manila yesterday to validate her signature in the impeachment complaint. JPM/ROV/With GAN


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