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Wednesday, December 21, 2005
Tribute: Judging Davide
Retired Supreme Court chief justice Hilario G. Davide Jr., like any other prominent and controversial figure, will be judged ultimately by history.
The Davide Watch had not been without its turbulence. The man had not been spared by loud and persistent critics.
The Davide Court's thrust---being pro-active and zealous over the independence of the court---had earned enemies who did not wish the high court to wield so much power "to intrude" into independent branches of government and government contracts with private enterprise.
The attempt in Congress to impeach Davide displayed the rancor of some sectors towards his rule, whose historic acts include the declaration of the legitimacy of Mrs. Gloria Arroyo's ascent to Malacañang after an out-of-Constitution upheaval.
Surviving the storm
The failure of impeachment demonstrated the validity of his actions. They could stand even with such a political assault as impeachment.
Going well with him, to be sure, was the faith of most people in his integrity and judicial leadership.
One's fitness is never more tested than when it is questioned or assailed. Like a tree that survives a storm, Justice Davide's virtue stood out more majestically after the impeachment battle.
Justice Davide is strong. His crisis in public service did not lend, it validated, the strength.
Beyond public office
And it goes beyond the term of public office.
His refusal, expressed repeatedly, to seek an elective term or be appointed to another high office conveys an acute sense of propriety, without which any claim to virtue falls.
Running for president, for example, could tarnish the purity of his efforts to cleanse the judiciary. That might be seen, looking back now, as part of preparations for a political career.
Accepting an appointment as ombudsman or going into private law practice could diminish the high court's place in the government hierarchy. How could people dealing with the ombudsman or fellow private practitioners dissociate him from his having been the country's top jurist?
Recognized and appreciated
Sun.Star has long appreciated Justice Davide's efforts to stay above the political rubble and keep his dignity intact.
This paper chose him as one of its first Outstanding Newsmakers (forerunner of the current Sun.Star Citizens Awards) in 1990 and picked him as one of Two Outstanding Personalities in Two Decades (with Cardinal Vidal) in 2002 when Sun.Star turned 20. (Pachico A. Seares)
(December 21, 2005 issue)
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