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Tuesday, November 04, 2003
Congress asks SC not to rule on impeachment raps
MANILA -- While Congress and the Supreme Court are debating on who has the jurisdiction over the impeachment complaint against Chief Justice Hilario G. Davide Jr., the military is declaring a red alert to avert any destabilization plots.
In separate petitions Monday, Speaker Jose de Venecia and Sen. Aquilino Pimentel Jr. questioned the SC's issuance of a status quo order to Congress, after an impeachment complaint was filed against Davide.
Religious and civic group leaders organized rallies in support of the Chief Justice, as President Arroyo led an eight-day prayer for a quick resolution to the impeachment issue.
The alleged misuse of the JDF prompted Reps. Felix William Fuentebella, of Camarines Sur, and Gilberto Teodoro of Tarlac, to file an impeachment complaint against Davide. More than 80 congressmen endorsed the complaint.
The SC later issued a status quo order for Congress to stop from getting on with the impeachment proceedings, and ordered the parties involved to appear for an oral argument Wednesday.
But Pimentel said the Constitution clearly provides that the House of Representatives has the exclusive power to initiate impeachment proceedings while the Senate has the sole power to try and decide impeachment cases.
He then warned if the SC will intervene in the impeachment process, this would destroy the system of check and balance. He clarified that his position has nothing to do with whether Davide is guilty.
"Assuming that the House of Representatives has committed an error, it can be corrected by the Senate. But if the Senate errs, the people will correct it. They can punish the senators in the next elections. But if the SC commits a mistake, who will correct it?" he said.
Impasse
The senator also asked the SC to let the Senate, as an impeachment court, rule over the impeachment case once the Articles of Impeachment are transmitted to the Upper Chamber.
"The impasse may open a good opportunity to military intervention, which may be a worse evil than proceeding with the impeachment case," Pimentel said.
On the other hand, de Venecia insisted that "whenever possible, the court should defer to the judgment of the people expressed legislatively, recognizing fully well the perils of judicial willfulness and pride."
"We are of the sincere faith that the court is faced with a historic and momentous opportunity to exercise judicial restraint," said de Venecia through lawyer Leonardo B. Palicte III, executive director and chief counsel of the Legal Affairs Bureau of the Lower House.
Solicitor General Alfredo Benipayo, on the other hand, took the cudgels for the beleaguered Davide.
"It is our respectful submission that the constitutional prohibition against the initiation of impeachment proceedings against an impeachable officer within a one-year period is judicially enforceable," said Benipayo in a consolidated comment filed before the High Tribunal Monday.
Benipayo said "members of the House of Representatives are prohibited from initiating a second impeachment complaint against Davide until June 2, 2004."
"This court cannot abandon its duty to review the constitutionality of legislative acts," said Benipayo, former SC Court Administrator during the time of Chief Justice Andres Narvasa.
"Proper interpretation of the Constitution falls within the province of the judiciary," he added.
Destabilization threat
As these developed, Philippine troops were placed on the highest alert status to head off possible destabilization attempts amid a crisis surrounding an impeachment bid against Davide, a military spokesman said Monday.
"The (military) will be declaring a red alert status effective Wednesday, November 4 starting at seven o'clock in the morning," military spokesman Lieutenant Colonel Daniel Lucero said.
The red alert is the highest of a three-tiered alert level of the military.
Lucero said the armed forces received reports that militant groups were to take to the streets for massive rallies this week ahead of a meeting of the House of Representatives on November 10, when Supreme Court Chief Justice Hilario Davide is expected to be impeached for alleged misuse of funds.
If the House succeeds in impeaching Davide, who has refused to open the judiciary's budget books to Congress, he would face a trial in the Senate and potentially be removed from office.
"Purposely, this alert status is meant to prepare our civil management units for any eventual rallies that would be conducted by cause oriented groups," Lucero said, without elaborating.
During the alert period, troops would not be allowed to take leave of absence and would be on call in their camps.
Lucero assured the public that no soldier "will join any destabilization moves", in reaction to fears certain members of the armed forces could use the political crisis as an excuse to launch a power grab.
"The (military) will be constitutional, we will strictly adhere to the chain of command," Lucero said.
Presidential spokesman Bunye said there is no existing destabilization threat against the government or the country at present with the ongoing crisis over the impeachment of Davide.
Bunye said accounting for the AFP rank-and-file should not be misconstrued as expecting another coup plot against the administration.
He added that there are no specific threats but they only want to be prepared for any eventuality.
Former Philippine Constabulary (PC) chief Ramon Montaņo said the administration is creating its own ghost by fanning talks of destabilization plots.
Major General Montaņo said what the government is doing is cover the real issues of corruption in the government and intensified attacks from extremists and communist rebels with talks of coup plots.
Velarde's appeal
Bro. Mike Velarde, leader of the charismatic group El Shaddai, said the conflict between Congress and the SC should be immediately resolved because it is already affecting the country's economic and political situation.
Velarde said he already started "back-channeling talks" with some congressmen who signed the impeachment complaint against Davide as well as making arrangements to talk with Davide.
"We are concerned with what's been happening to our institution. We are calling on the congressmen and the Chief Justice to work out a solution to this impasse," Velarde said. Benjamin Pulta/JPM/SCT/Marie Neri
(November 4, 2003 issue)
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