Justices, judges warn of constitutional crisis

Supreme Court justices and other members of the judiciary warned yesterday of a constitutional crisis if lawmakers continue the impeachment proceedings against Chief Justice Hilario Davide Jr., who is accused of misusing government funds.

"Yesterday (Oct. 23) will be remembered as a day of infamy. The House of Representatives, by such an irresponsible act, may have brought this country to the brink of a constitutional crisis," Manila Regional Trial Court Judge Antonio Eugenio Jr. of the Philippine Judges Association (PJA) told a news conference.

All the jurists and lawyers present at the news conference yesterday echoed Davide’s statement that pursuing the impeachment complaint could create a constitutional vacuum that might be exploited by anti-government forces.

Supreme Court Justice Josue Bellosillo said the crisis cannot be avoided once the impeachment case reaches the Senate.

"I just hope we can handle this properly. The Chief Justice is not a politician. This is very unfortunate. Hopefully in the remaining hours, everything will be fixed for the best interest of the public and the country," Bellosillo said.

Eugenio said the PJA, the Philippine Confederation of Court Employees Association, along with the Court of Appeals justices and the entire members of the judiciary "stand squarely behind the Chief Justice."

"We will fight the irresponsible complaint. We will support our Chief Justice within the processes laid down by our very own Constitution," Eugenio said,

The jurists also announced their launching of protest actions highlighted by the wearing of black armbands.

Former PJA president Marino de la Cruz said the judges and court employees all over the country will hold a prayer rally every noon followed by noise barrage starting Monday.

Court of Appeals Presiding Justice Cancio Garcia said the rest of the appellate court and its employees fully support Davide.

Philippine Constitutional Association (Philconsa) said the accusations against Davide were unfounded and misplaced since only a small group of court employees alleged the misuse of judicial funds.

Fernando Prieto of Philconsa said their own inquiry found no misuse of the Judicial Development Fund (JDF).

He said the rank and file employees of the Supreme Court will also join the protest actions against the impeachment.

Newly installed PJA president Romeo Barza deplored the filing of the second impeachment complaint against Davide. He said it was done to clearly pressure the Chief Justice to relent to some personal and political interests.

Supreme Court Administrator Presbitero Velasco said they are hoping the impeachment complaint would not reach the Senate.

The jurists and lawyers said the congressmen should realize the political and economic implications of their actions in initiating the impeachment of the Chief Justice of the Supreme Court.

They pointed out the constitutional prohibition in which impeachment proceedings cannot be initiated against the same official more than once within a year.

Vacuum

Separately, Senate President Franklin Drilon also warned of a constitutional crisis if the impeachment complaint reaches the Senate.

Drilon urged congressmen to carefully consider the matter "because it can create a constitutional crisis."

Technically, only the Supreme Court decides on constitutional matters - including whether Davide’s impeachment is legal. If the issue goes before the court, Drilon said it should "seriously consider exercising judicial statesmanship" and refrain from ruling on the issue.

Foreign Affairs Secretary Blas Ople also warned of a constitutional crisis if the congressmen insisted on ousting Davide.

Ople, a member of the 1986 constitutional commission, admitted a constitutional crisis is possible if the impeachment raps reach the Senate while the Supreme Court issues an injunction against the process.

He said the international community is "watching this (impeachment) development with keen interest" as the highest member of the judiciary is under fire.

Ople expressed his concern that the clash between the two branches of government could create a vacuum "that might tempt some generals to come in under the pretense of maintaining stability."

"I hope however this does not plunge the country into a constitutional crisis," he said.

Presidential aspirant former education secretary Raul Roco, former defense secretary Renato de Villa and former Cebu governor Lito Osmeña also issued a joint statement condemning the impeachment move against Davide.

They said the impeachment complaint against Davide "will harm the Filipino people and legal system."

They claimed Malacañang has failed to defend the high tribunal against a "clear political maneuver" that could affect the decision of critical cases.

Stand down

President Arroyo, meanwhile, reiterated her policy of non-interference into affairs of co-equal branches of the government.

Mrs. Arroyo sought to assuage concerns of a constitutional crisis in the wake of impeachment proceedings initiated by congressmen against Davide.

"The executive (branch) is obligated to stand down from this controversy involving co-equal branches of government. However, I would like to douse wild speculations that we are in the midst of a constitutional crisis," she said.

"The rule of law is being followed and there is constitutional process being applied," the President said before the annual luncheon news conference with Foreign Correspondents Association of the Philippines (Focap) at the Hotel Dusit in Makati City yesterday.

Mrs. Arroyo though expressed her personal feelings on the impeachment moves against Davide.

"I am sorry to learn of the impeachment raps against Chief Justice Davide," she said. "I only wish the process to be speedy and insulated from heavy partisan or personal undertones."

Presidential Spokesman Ignacio Bunye explained Malacañang has to take a neutral stand on the issue. "So out of respect for these two branches, the Office of the President is hands off this case," he said.

Bunye however noted the contention raised by Davide on the constitutional prohibition of filing a second impeachment complaint against the same official within the same year.

Some lawmakers, for their part, insisted the House of Representatives had not violated the constitutional provision against filing a second impeachment complaint against the same official.

Davao City Rep. Prospero Nograles and Nueva Ecija Rep. Aurelio Umali said the prohibition applies only if the first complaint had been acted on by the House committee on justice for plenary debates.

Former President Joseph Estrada, ousted by a military-backed revolt in January 2001, filed an impeachment complaint earlier this year against Davide and other Supreme Court justices for what he called "illegal participation" in his ouster.

Estrada’s complaint was later dismissed for lack of substance.

"I don’t think there is basis for Chief Justice Davide to resist the impeachment complaint against him by citing the Constitution. The House is only barred to act on an impeachment complaint more than once if the first complaint was acted upon and was submitted to the plenary. The filing of one impeachment case will not bar the other as long as it is not acted upon by the (justice) committee," Nograles said.

The two lawmakers maintained there will be no constitutional crisis since all the rules in initiating the impeachment complaint were followed in accordance with the provisions of the 1987 Constitution.

Umali said there could be a constitutional crisis if Davide refuses to submit himself to the Senate impeachment trial.

Meanwhile, congressmen who initiated the articles of impeachment against Davide are rushing to bring the complaint straight to the Senate to preempt last ditch efforts to convince other lawmakers to withdraw their signatures.

This developed as justice committee chairman, Eastern Samar Rep. Marcelino Libanan, announced that the first impeachment complaint filed by Estrada against Davide is officially "insufficient in substance."

Speaker Jose De Venecia Jr. said the second impeachment complaint will now be sent to the Senate "at the soonest possible time."

Opposition lawmaker Iloilo Rep. Rolex Suplico said Malacañang is orchestrating a move to convince other congressmen to withdraw their signatures to weaken the complaint.

"It is logical for Malacañang to protect Davide because they owe their administration to him," Suplico said. "Davide will protect their interests." - With Marichu Villanueva, Paolo Romero, Marvin Sy, Sheila Crisostomo, Mayen Jaymalin, AP