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Saturday, November 01, 2003
Cebuano solon says impeachment constitutional
By Giovanni A. Nilles
CEBU -- While Chief Justice Hilario G. Davide Jr. stands firm on the unconstitutionality of the second impeachment complaint against him, another Cebuano claimed it is constitutional.
Rep. Clavel Asas-Martinez claimed Friday that the second impeachment complaint against Davide is still constitutional.
Although she is against the impeachment of the Cebuano magistrate, she agreed with the position of at least one-third of the House of Representatives that there is nothing unconstitutional about the second impeachment.
"The second impeachment complaint is not precluded by the filing of the first," said Martinez, a lawyer.
Martinez, who represents Cebu's fourth district in the House, refused last week to sign the impeachment complaint against the Chief Justice, saying she is biased in his favor, as they are good friends.
However, she pointed out over radio station dyLA last Friday that although the Constitution disallows more than one impeachment complaint against the same public official within the same year, it also gives Congress the "exclusive prerogative" to draft its own rules in handling impeachment issues.
"It is the contention of the House that the committee (on justice, which is still treating the first impeachment complaint) per se is not the Congress," she said.
Davide, in a television interview Thursday night, questioned why the Articles of Impeachment against him should be forwarded to the Senate, when in reality it is the second complaint within one year and therefore a ban or a prohibited impeachment.
"It should be stopped at the very source. The Lower House should consider the unconstitutionality of the second impeachment complaint to avoid precisely a constitutional crisis," Davide said.
Davide said the existing crisis places the country in great danger from military adventurism.
"We are in great danger I hope that the leaders of our country can work together and the government working together all the for sake of our people and our country to save our democracy so I hope and pray that before the resumption of the Congress, something can be done by the Lower House," Davide said.
President Arroyo also warned groups thinking of exploiting the impeachment crisis that the government would deal with them.
"We shall not hesitate to move decisively against those who will exploit this crisis to foment violence. No one is above the law. Our crisis mechanisms are in place even if we have not reached a crisis point," she said.
She said the government has the resources and capability to address any eventuality.
"Part of that crisis mechanism in place is an instruction I am giving to (Major) General (Cristolito) Balaoing to account for all the men in the 4th division. This is also my instruction to all the division commanders all over the country," she said.
Overruled?
A member of the House prosecution panel during Joseph Estrada's impeachment trial in 2000, Martinez is also part of the legal team preparing the Lower House's answer to the status quo order of the Supreme Court.
The answer is due on Monday, and on Wednesday, the Supreme Court will hear oral arguments in six petitions to stop Davide's impeachment.
"If you read the Constitution further, there is a provision giving Congress the exclusive prerogative to draft its own rules. The intent of the (constitutional) framers could have been different but this (ban on second impeachment) is overruled by another constitutional provision that specifies that Congress has the exclusive right to draft its own rules," Martinez said.
Chief Justice Davide maintains, though, that the second impeachment against him is unconstitutional.
He also said it is premature as the first complaint is still pending and has yet to be decided on by the House of Representatives.
Justice Regalado Maambong will present to the Supreme Court on Wednesday the minutes of the 1986 Constitutional Commission, which show that an impeachment proceeding is deemed "initiated" when a complaint is filed.
This interpretation means the second complaint against Davide goes against the ban on more than one such complaint in a year. Maambong is one of eight amici curiae (friends of the court) who will help the Supreme Court take up the impeachment case. with ST and JPM
(November 1, 2003 issue)
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