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Wednesday, October 29, 2003
SC stops impeachment of Davide
MANILA -- Even before the Supreme Court (SC) could have transmitted its order to stop Congress from proceeding with the impeachment of Chief Justice Hilario G. Davide Jr., the House of Representatives adjourned Tuesday without transmitting the Articles of Impeachment to the Senate.
Former President Fidel Ramos, in a television interview, blamed President Arroyo for the present mess between the Congress and the Supreme Court.
The High Court deferred its decision on the six petitions seeking an order stopping the impeachment proceedings against Davide in Congress, Court Administrator Ismael Khan said.
Four magistrates, including Davide, did not take part in the proceedings.
Senior Associate Justice Reynato S. Puno presided over the proceedings since Associate Justice Josue Bellosillo, who is the second most senior magistrate, was on sick leave while Consuelo Yņares-Santiago and Dante Tinga were on leave.
The SC ordered a status quo and asked the House of Representatives and the Senate to answer the petitions not later than November 3 and prepare for the oral arguments scheduled on November 5.
In anticipation to the oral arguments the SC invited seven experts on the Constitution to debate the merits of the impeachment complaint.
They include former senate president Jovito Salonga, retired justices Hugo Gutierrez Jr. and Florenz Regalado, former solicitor general Estelito Mendoza, former constitutional committee chairmen Joaquin Bernas and Regalado Maambong and UP College of Law Dean Raul Pangalangan.
Lawyer Ernesto Francisco and the Ateneo Human Rights Center submitted separate petitions early Monday asking the Supreme Court to prevent the House of Representatives from transmitting the impeachment complaint against Davide to the Senate.
The petition argued that the second impeachment complaint against Davide was unconstitutional since no more than one complaint could be filed against a public official within a period of one year.
The High Court also ordered the consolidation of six petitions for a restraining order against the impeachment process.
A petition seeking a temporary restraining order was each filed by private lawyer Ernesto B. Francisco Jr., Arturo M. De Castro and Soledad M. Cagampang; the Ateneo Human Rights Center through lawyer Melencio Sta. Maria; former Solicitor General Francisco I. Chavez; and Reps. Salacnib Baterina (Ilocos Sur) and Deputy House Speaker Raul M. Gonzalez (Iloilo).
The same ruling also required the respondents, as well as Solicitor General Alfredo Benipayo, to comment on the petitions within five days from notice and in any event, not later than November 3.
"It is safe to assume that the Chief Justice will not take part in the proceedings," Khan said, adding that while a restraining order is different from status quo order, it is the same "in terms of effect".
Khan, in explaining the status quo order, said it is a matter of "interdepartmental courtesy".
A restraining order by the SC is generally in effect until lifted by the court and generally paralyzes the House from proceeding with the transmission of the impeachment complaint to the Senate, which must be done within three days under the impeachment rules.
But Camarines Sur Rep. William Fuentebella said they would still be pushing the transmittal of the impeachment complaint once Congress resumes session on November 10 despite the Supreme Court order.
"The Supreme Court cannot order the House especially if it involves their Chief Justice," Fuentebella said.
House Speaker Jose de Venecia said he would not pursue his honorable settlement yet and instead follow the SC's status quo order.
Adjournment
In the House, deputy speaker Raul Gonzales presided the session Tuesday and immediately ruled on the adjournment for lack of quorum on the motion of Cebu Congressman Raul del Mar. They will resume the session on November 10.
Congressmen supporting the impeachment complaint protested the adjournment but nothing has happened until the session was officially adjourned.
Several congressmen, led by Rep. Carlos Cojuangco of Negros Occidental, questioned the adjournment and the hasty roll call.
Cojuangco is the son of business tycoon Eduardo Cojuangco, who heads the Nationalist People's Coalition (NPC). Majority of those who endorsed the impeachment complaint against Davide belong to NPC.
Only 62 congressmen were present in the session hall when the roll call was made. One hundred fourteen congressmen are needed to constitute a quorum.
After the adjournment some congressmen allied with the NPC arrived at the session hall but came in late.
In the Senate, President Franklin Drilon said they would not constitute into an impeachment court, at least for now, after the House failed to transmit the impeachment complaint
Like Bunye, Drilon said the move would cool down heated debates over the impeachment complaint against Davide.
He also said the 10-day break could be used to look for a compromise in order to settle the issue and prevent a Constitutional crisis.
Drilon clarified that the Senate cannot act on two motions filed in the Upper Chamber with regards to the impeachment issue because they are academic at this point.
"There is a motion to intervene and motion to dismiss filed by somebody in the Senate asking us to dismiss, that is academic at this point. We have not received the articles. The Senate could not do anything and is not required to do anything until we have received the articles," he noted.
However, Drilon said in case the minority bloc in the House transmits the Articles of Impeachment, the Senate will receive it but not consider it official and would not be placed in the order of business.
Drilon added the Senate will receive it only for information purposes in order to know the specifications of the charges.
On the other hand, Sen. Ramon Magsaysay Jr. expressed optimism that when Congress resumes sessions on November 10, the issue would be resolved to the satisfaction of the legislative, judiciary and of the public.
Magsaysay also said Davide and the entire Supreme Court could be vindicated on the alleged misappropriations of the JDF if the SC will show to Congress the breakdown of its budget.
Magsaysay called on Davide to submit to Congress a copy of the JDF budget for close scrutiny.
Sen. Joker Arroyo expressed dismay over the latest development in the House, adding that the House has adjourned without acting on the charges against Davide.
Arroyo also stressed that the move has been manipulated or influenced by a man, who is not an elected member of the House. He did not identify the person he is referring to.
Sen. Rodolfo Biazon warned that there would be a possible massive protest and rallies by the people if the government fails to settle the issue legally.
He also cautioned the government that a constitutional crisis, if not addressed properly, would affect the elections next year.
Palace reaction
Malacaņang welcomed the adjournment of the House session as a chance for congressmen to cool down.
"It opens a chance for cooling off and a window for resumption of talks under a less emotional atmosphere," presidential spokesman Ignacio Bunye said in a text message to Palace reporters.
President Arroyo said she is still hopeful that a principled compromise could still be reached between the House and the Supreme Court.
Arroyo earlier brokered negotiations between Davide, House Speaker Jose de Venecia and NPC head Cojuangco.
"For the sake of national unity, I am keeping a positive attitude that would help bring about a meeting of minds rather than a hard impasse. Let us not further divide the nation amid the heavy rhetoric of a continuing institutional battle," Arroyo said in a speech at the inauguration of the halfway house for child cancer patients at the Sweepstakes Office.
She said past events show that controversial confrontations between powerful institutions "have a way of setting back our economy and driving more of our people into hardship".
"The nation's peace of mind is disturbed by political developments that are telegraphing signals of instability. I appeal for prudence and constructive action among our leaders," she said.
Presidential spokesman Ignacio Bunye, for his part, said the slide of the peso was due to a number of things like the demand for more dollars due to the Christmas holiday.
He, however, said one of the main factors is the impeachment case, stressing that unless the uncertainties caused by the threat of a constitutional crisis is resolved, the peso and the country's economy could further suffer.
The peso dropped Monday to P55.55 to the US dollar, only 20 centavos away from the historic low of P55.75 pegged at the height of the impeachment of former president Joseph Estrada.
Mess
Meanwhile, former President Ramos said President Arroyo have mishandled the crisis involving the Supreme Court (SC) and Congress.
According to Ramos, Arroyo could have convened the Legislative Executive Development Advisory Council to talk about it.
"It's a mess. It's a mess," was Ramos repeated statement in a television interview on the present crisis.
Ramos said Congress is wasting so much of their time in investigation when they are supposed to be performing their basic function, which is to make laws. Benjamin Pulta/JPM/ST/Marie Neri/Sunnex Luzon
(October 29, 2003 issue)
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