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Wednesday, October 15, 2003
SC impeach rap ruled 'sufficient in form'
MANILA -- Former President Joseph Estrada Tuesday welcomed developments in the House of Representatives who declared his impeachment complaint against certain Supreme Court justices to be "sufficient in form".
"This goes to show that nobody is above the rule of law. The rule of law is worth fighting for," Estrada said.
The House committee on justice considered Tuesday the impeachment complaint against Supreme Court (SC) justices as "sufficient in form".
But SC magistrates shrugged off the move to impeach them.
The complaint followed allegations of corruption, particularly on the use of the Judiciary Development Fund (JDF), against the SC justices.
The complaint will be submitted to the House in a plenary session, during which the congressmen will vote whether the case is "sufficient in substance".
When this is done, the complaint will be endorsed to the Senate where an impeachment trial will be held.
SC public information office lawyer Conrad Tolentino said the vote of the House of Representatives finding the impeachment complaint as "sufficient in form" does not concern them.
Process
"It's part of the process and only means that there is no serious problem at this stage in connection with documentary requirements, not evidentiary."
"It is just a first stage requirement and has no relation with the second stage," Tolentino said adding, "Probably the congressmen will realize that there is no factual basis."
Tolentino reiterated in an interview aired over radio station dzEC-Net 25 that there is no basis for Camarines Sur Rep. Felix William Fuentebella and another congressman who he declined to identify to say that a son of Chief Justice Hilario Davide Jr. is linked to the anomalous use of funds for the whole judiciary.
Fuentebella chairs the House committee on justice, which handles the impeachment complaint against Davide and seven other magistrates of the High Court.
Joseph Bryan Hilary Davide, who is chief of staff of the Office of the Chief Justice of the SC, had access to the documents and is a member of a standing committee and has only "one vote" on a matter, which does not benefit the chief justice himself.
Son
Fuentebella earlier said Davide should explain why the magistrate's son sits in the Bids and Awards Committee (BAC) of the Supreme Court for the JDF.
Joseph is the vice chairman of the BAC when the P89.9 million contract with Terp Construction Corp. for the SC-Court of Appeals (SC-CA) Multi-purpose Building was acted upon.
In his June 2 complaint, Estrada accused the Supreme Court of violating the 1987 Constitution by installing President Arroyo, who was then vice president, to the presidency at the height of the "people power" revolt.
Aside from Davide, also included in the complaint are Justices Artemio Panganiban, Josue Bellosillo, Reynato Puno, Jose Vitug, Leonardo Quisumbing, Antonio Carpio and Renato Corona.
Representatives Ronaldo Zamora and Didagen Dilangalen -- both of Estrada's Pwersa ng Masa party, endorsed the impeachment complaint filed by Estrada.
Rep. Prospero Nograles explained that under House procedures, an impeachment complaint is deemed sufficient in form on two grounds.
"One, if it is verified and sworn to as provided in the rules of court," he said. "Second is if the resolution of endorsement conforms with the prescribed format."
Welcome
Estrada welcomed Tuesday the news on the move of the 35 members of the House of Representatives to declare as "sufficient in form" the impeachment complaint filed against certain Supreme Court justices.
Estrada claimed the justices betrayed the Constitution by illegally unseating him during the popular uprising tagged as Edsa Dos.
"While the process of cleansing the judiciary of its corrupt elements through the constitutional process of impeachment would still hurdle major obstacles, the stand of our congressmen finding merit in my complaint brings hope to our dispirited people that the fight for the restoration of their shattered confidence in our judicial system has started to gain adherence," Estrada said in a statement.
Estrada added: "My complaint is not about fighting the Supreme Court as an institution as claimed by the Chief Justice, but against the people there who have allowed themselves to become instruments for the persecution of this administration's political enemies."
(October 15, 2003 issue)
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