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Tuesday, November 11, 2003
SC declares impeachment case unconstitutional
* 3 justices push for 'judicial restraint'
* Palace, Drilon, JDV abide by SC ruling
* Businessmen welcome ruling
THE Supreme Court (SC) ruled Monday as unconstitutional the 2nd impeachment complaint filed by two congressmen against Chief Justice Hilario G. Davide Jr. for the alleged misuse of the Judiciary Development Fund (JDF) because it violates the time-bar rule of the 1987 Constitution.
All 14 magistrates said the SC has jurisdiction to rule on the case. Davide inhibited from the deliberations.
But Associate Justices Renato S. Puno, Consuelo Yņares-Santiago and Josue Bellosillo urged the High Tribunal to exercise "judicial restraint" in acting on
the case.
Puno, in particular, filed a concurring and a dissenting opinion on the matter.
President Arroyo, Senate President Franklin Drilon, House Speaker Jose de Venecia said they will abide by the SC's decision.
In the House session Monday, de Venecia declared that he is constrained to abide by the decision of the SC. He made the declaration after hours of debate among
the congressmen on whether to transmit the Articles of Impeachment to the Senate despite the SC's ruling.
In the 111-page decision penned by Associate Justice Conchita Carpio-Morales, the High Court said a portion of the impeachment rules (Secs. 16 and 17 of Rule V) drafted on Nov.28, 2001 by the House of Representatives is unconstitutional and "consequently therefore, the impeachment complaint filed by Reps.
William Felix William Fuentebella (of Camarines Sur) and Gilberto Teodoro (of Tarlac) last Oct. 23 is "barred" by the constitutional prohibition against the
filing of two impeachment complaints within a one-year period.
The High Tribunal said decisions on precedent cases in the US that say that impeachment suits are best left to the legislature are not binding on them.
"American jurisprudence and authorities much less the American Constitution are of dubious application for these are no longer controlling our jurisdiction and
have only limited persuasive merit insofar as Philippine constitutional law is concerned," the SC said.
The High Court also said the difference between the judicial power of the Philippine SC and that of the US SC is that "while the power of judicial review is only impliedly granted to the US Supreme Court and is discretionary in nature, that granted to the Philippine Supreme Court and lower courts, is not just a power but also a duty and it was given an expanded definition."
The SC cited two precedent cases in the late 90s -- the 1998 case of Santiago versus Guingona and the 1997 case of Taņada versus Angara -- wherein the SC ruled on matters that may be considered to be in the exclusive power of the legislative department.
"It is clear that judicial power is not only a power, it is also a duty which cannot be abdicated by the mere specter of this creature called the political
question doctrine," the SC ruled.
Citing the effort to prevent "disquietude and political excitement," the High Tribunal said, "The exercise of judicial restraint over justiciable issues
is not an option before the court. Abdication may not be declined because this court is not legally disqualified. Nor can jurisdiction be renounced as
there is no other tribunal to which the controversy may be referred."
Reactions
Meanwhile, Justice Sec. Simeon Datumanong said the Department of Justice (DOJ) will respect the SC's decision.
"Let us accept the decision of the Supreme Court. It is the final arbiter of constitutional issues. It will be good for our country and democracy. Abide by the decision of the SC and uphold the rule of law," Datumanong said in a statement Monday.
One of the eight amici curiae, former SC Associate justice Hugo Gutierrez said that he "still stands by my earlier opinion" should not rule on the case.
Another amicus, former University of the Philippines (UP) College of Law dean Pacifico Agabin warned parties involved in the impeachment issue against
defying the SC's decision.
"That's the ruling. If the House defies the ruling, they can be held liable for contempt. The decision immediately takes effect today (Monday)," Agabin said.
The SC earlier asked for the views of eight amicus curiae or Friends of the Court regarding the impeachment complaint.
Wait-and-see
The senators have agreed to wait for the next move of the House of
Representatives before deciding on whether to archive the impeachment complaint or resolve it through an impeachment trial.
However, Senate President Franklin Drilon said Congress should respect and abide by the SC.
"I will abide by and respect the decision of the Supreme Court, not because I agree with it but we have to think of the greater public interest," said Drilon
in a separate interview aired over ANS-CBN News Channel (ANC).
The senators have also agreed to meet after complaint formally reaches the
Senate.
"Insofar as the transmittal is concerned, there are two schools of thought. One school says that the complaint must be transmitted by the Secretary-General, pursuant to the proceedings of the House. The other school of thought is that the 76 signatories, can transmit it to us physically and at that point we will have to hold a caucus again," Drilon said.
On the other hand, Sen. Ralph Recto said there are at least six senators who support the stand of Drilon that it is important to respect the decision of the
High Tribunal. Those senators are Manuel Villar; Francis Pangilinan; Joker Arroyo; Noli de Castro; Recto and Drilon.
He warned that if the impeachment complaint has been transmitted to the Senate there are, at least, three expected scenarios that include disrespect of the SC's decision; a constitutional crisis and derailment of the passage of bills and deliberations on the 2004 budget.
At the House of Representatives, congressmen engaged in a heated debate over the transmittal of the impeachment complaint.
After a few hours, de Venecia declared he has no choice but abide by the SC's decision, an announcement that was met by applause from pro-Davide supporters
and boos from anti-Davide groups.
Uphold
President Arroyo said, "We shall follow the solemn duty to uphold the decision of the High Court and we shall enforce any directives issued by it. Let no one
misunderstand or doubt our resolve to preserve and protect the Constitution. We did not come this far in our long history as nation to establish constitutional
democracy just to tinker with its basic principles."
Arroyo assured that there will be no constitutional crisis but she continued to push for her proposed tripartite covenant. "A principled covenant is still
the best way forward," she said.
She said she remains hopeful that Congress and the Supreme Court "will act with a congruence and faith and with the highest national interest in mind."
"We have prayed all along for unity and reconciliation and we trust in the noble intentions of everyone involved," she said.
Executive Secretary Alberto Romulo, in a press briefing, said the High Court has the "full and wholehearted support" of Malacaņang.
Romulo said while the pro-impeachment camp could still appeal the decision, the Palace hopes the issue would be settled "within the shortest possible time."
He said it would be up to the Supreme Court and the House of Representatives if they still want to push through with the tripartite covenant. He said the
covenant does not conflict with the High Court's decision.
He said Arroyo's statement of support for the Supreme Court is already a signal to all government agencies that they must do everything in their power to ensure
that the Constitution and the law are enforced.
Welcome
Guillermo Luz, executive director of the Makati Business Club, said they are delighted by the SC's ruling.
He hoped that with the SC ruling, it would resolve the crisis besetting the country.
He said in an ANC interview that "the country's welfare should prevail over machismo," apparently hitting at congressmen who still insist on the impeachment case despite the High Tribunal's decision. Benjamin Pulta/JPM/ST/Sunnex Luzon
(November 11, 2003 issue)
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